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HomeMy WebLinkAboutCMB Agreement with A&M REALTY, LLC. Small Business Grant ProgramDo slgo Envelope It: 90560A-292194BE1-9E9F-12CNDEE5571 Docusign Envelope to 03C2E92&2E7C4D05-WCA-A337206E535F 20 24-331 79 CITY OF MIAMI BEACH ECONOMIC DEVELOPMENT DEPARTMENT AGREEMENT SMALL BUSINESS GRANT PROGRAM This Agreement (the 'Agreement-) for the Small Business Grant Program (the 'Program) is entered into this 2&-- day of!awjary2026 2025, by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (hereinafter the "City'), and A&M REALTY LLC, a Flonda limited liability company whose principal business address Is 1800 Collins Ave, #10e, Miami Beach, Florida 33139 (hereinafter the "Applicam" or'Participant"). Article I I Program Summary Applicant/Participant: A&M REALTY LLC Applicant/Participant Contact Maria Busies Local Business Address: 1800 Collins Ave, IC City, State, Zip: Miami Beech, FL 33139 Phone, fax, e-mail: 786-367-8386, mashaCammiami.com Gram Amount/Fiscal Impact: Not to exceed $5,000. Term: October 1, 2025 — September 30. 2026 Program Guidelines: See Exhibit 1, attached hereto and incorporated herein. Disbursement Claim Deadline: All reimbursement requests must be submitted on or before September 30, 2025, Article III General Conditions 1. BACKGROUND AND PURPOSE The City of Miami Beach is committed to economic resilience through diversification and targeted supportfor small businesses. In the wake of challenges posed by shifts in tourism trend and rising commercial rents, small businesses have shown remarkable adaptability but continue to face pressures from Increasing costs and summer slowdowns. To address these challenges, the City has introduced the Program and offered grants of up to $6,000 to twenty (20) eligible small businesses. The Program aims to provide resources to businesses with a physical presence within the City to help enhance operations, sustain jobs, and support summer success. Aligned with the Cilys dedication to innovation and economic vitality, funding for the Program will be considered as part of the fiscal year 2025 budget process. 2. ELIGIBILITY REQUIREMENTS FOR REIMBURSEMENT: Application will be evaluated on criteria approved by the City Commission as determined by the Administration, including but not limited to: • located in Miami Beach, and In operation with a Business Tax Receipt (BTR) for at least two (2) years; Page i of 19 Docusgn Envelops ID: 9C560A8A-292B4BE1-9E9F-12CD90EE8B71 Docusgn Envelope ID: 03C2E929-2E7G4D05-8OLA-A3372WE536F • registered as an active entity with the Florida Division of Corporations; • no affiliation with a national chain business or franchise; • in "good standing" with the City of Miami Beach and Miam4Dade County, • active City of Miami Beach Business Tax Recelpt (STR) and Miami -Dade County and Local Business Tax Receipt; and • the City Commission, at Its discretion, may consider any other criteria at the request and recommendation of the City Manager. 3. AMOUNT OF GRANT AND.PAYMENT SCHE The total amount of the grant is set forth in Article 1, subject to the restrictions set forth herein. In awarding this grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant Amount. Grant funds will be remftted to Participant as more particularly set forth In Exhibit 1 to this Agreement. 4. REPORTS This grant has been awarded with the understanding that the activities and services contemplated herein will mutually contribute to the enhancement of services available to City residents, businesses and visitors. As a condition of disbursements of grant funds, and to demonstrate that the grant Is fulfilling, or has fulfilled its purpose, the Participant must submit a final report, as more particularly set forth in Exhibit 1 to this Agreement, on or before October 30, 2025. The City may withhold any future payment of this grant, or the award of any subsequent grant, rt it has not received the final report required to be submitted by Participant, or If such report does net meet the City's reporting requirements. Any reports may be disseminated by the City without the prior written consent of Participant. Participant may submit one reimbursement request to the Cityfoibwing the conclusion of the Tenn. This request must be submitted together with the Partidpanl's final report. All expenditures must have occurred during the Term and be directly related to grant -funded activities taking place within the 2024-2025 fiscal year. The reimbursement request must be submitted as detailed in Exhibit 1 to this Agreement, and must Include copies of all receipts, invoices, and cancelled checks (Including copies of both front and back), along with proof of payment. All documentation must be categorized according to the budget categories set forth in Exhibit 1. The deadline to submit the reimbursement request is October 31, 2025. 6. GRANT RESTRICTIONS Grant funds awarded pursuant to this Agreement may not be used for the following expenditures: remuneration of City employees for services rendered as part of a project funded by this grant; debt reduction; social and/or fundraising events; cash prizes; lobbying or propaganda materials; charitable contributions; or events not open to the public. 7. ACCOUNTING AND FINANCIAL REVIEW: Funded activities by this grant must lake place during the City's fiscal year for which the grant is approved (October 1 — September 30). Participant shall keep accurate and complete books and Page 2 of 19 Dowsgn Envelope ID: 910560PBA-292 BE1-90E-12CMDEEBB71 Doweign Envelope ID: 03C2E026-2E]C-ODOSBOCMA33]206E5NF records of all receipts and expenditures of grant funds, in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this grant, Including, without limitation, vouchers, bills, imroices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved and retained in Miami -Dade County in a secure place and in an orderly fashion by Participant for at least three (3) years after the end of the Tenn. These books, records, and documents may be examined by the City, and/or its authorized representatives, at Participant's offices during regular business hours and upon reasonable notice. Furthermore, the City may, at its expense, audit or have audited, all the financial records of Participant, whether or not purported to be related to this grant. g. NO GUARANTEE OF FUNDING: Participant acknowledges that the receipt of this grant does not Imply a commitment on behalf of the City to continue or provide funding beyond the terms specified in this Agreement. 9, DEFAULTlTERMINATION PROVISIONS: A. In the event Applicant shall fail to comply with any of the covenants, terms or provisions of this Agreement including, without limitation. Applicant's failure to: (I) comply with the Program Guidelines, as set forth in Exhibit 1 to this Agreement: (ii) timely submit any reports or documentation, when due, as required under this Agreement; or (III) comply with any other term or condition of this Agreement, the City Manager or the City Manager's designee shall issue written notice to the Participant and provide Participant with thirty (30) days to cure the default. tt, at the City Manager's sole discretion, the breach is cured within that period, continued participation in the Program may be allowed. If, however, the Participant fails to cure the breach, or again breaches this Agreement during the Performance Period, no further cure period shall be allowed and the City Manager may terminate this Agreement with written notice to the Participant, thereby relieving the City of any further obligation to Participant under this Agreement. B. Where a Participant is delinquent in paying Its taxes, fines, or any other fees due to the City in its governmental capacity, or In connection with any other agreements between the City and Applicant, the City shall withhold funds until the Participant is current. Where a Participant is more than one (1) year delinquent, the Participant's award shall be canceled, and the Participant shall be disqualified from participating in the Program, and the City shall have no further obligation to the Applicant under this Agreement. C. Termination for Fraud or Material Misrepresentations: Additionally, if the default is of a nature that cannot be cured, such as fraud or a material misrepresentation in connection with Participant's performance under this Agreement, the termination shall be effective upon receipt of the termination notice and no cure period shall apply. D. Further, in the event that the City Manager, In his/her sole discretion or the sole discretion of his/her designee, rinds that the funds were ineligible payments under the terms of the Agreement. whether as a result of fraud, misrepresentation, or negligence of Participant, Participant shall be required to repay to the City all or any portion of the payments received by Applicant under this Agreement, as of Page 3 of 19 Docusign Erwebpe Doouslgn EiwdWe ID'. 03C2E920-2E7C4W5-BOCA-A337200E530F the date that the written demand is received ('Demand for Recapture'). within thirty (30) days from recelpt of the Demand for Recapture. E. Applicant further acknowledges and agrees that any default may, at the City$ sole discretion. reader Applicant ineligible for any future funds pursuant to this Program or otherwise. F. These provisions shall not waive or preclude the City from pursuing any and all remedies at law and in equity. G. Termination for Convenience: This Agreement may be terminated by the City, for convenience and without cause, through the City Manager, upon 30 days prior written notice to Participant. In the event of such termination for convenience, the City shall retain any Funds which were not disbursed to Participant before the effective date of termination. Participant shall be misty responsible for immediately returning any unused or unapproved Funds as of the date of termination, and shall also be solely responsible for submitting a final report, as provided in Exhibit 1 to this Agreement, detailing all Program objectives, activities and expenditures up to the effective date of the termination. Said final report shall be due within five (5) working days following the effective date of termination. Upon timely receipt of Participant's final report, the City, at its sole discretion, shall determine the amount (If any) of any additional portion of the Funds to be returned to the City as a result of any unapproved or unused Funds, or incomplete Program items, and shall provide Participant with written notice of any monies due. Said additional monies shall be due and payable immediately upon receipt of such notice by Participant. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. Article III f Miscellaneous Provisions 1. INSPECTOR GENERAL AUDIT RIGHTS: A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, words, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bMlproposal) submittals, activities of Participant, its officers, agents and employees, lobbyists. City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Page 4 of 19 Dxxsign Emebpe ID: 9C581uM5&292B-0BE19E9F-12CD9DEEBB]1 Do sign Envelo" ID: O3C2E928-2E7C DOSBOCA-A337206E5WF Code, the City is allocating a percentage of Its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten (10) days written notice to Participant, Participant shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auddors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of Participant, its officers, agents and employees. lobbyists. City staff and elected officials to ensure compliance with the contract documents and to detect fraud and comtplion. D. The Inspector General shall have the right to inspect and copy all comments and records in Participant's possession, custody or control which in the Inspector General's Soo judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project -related correspondence, memoranda. instructions, financial tlocuments, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. E Participant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, unfit three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this contract. In addition: i. If this Agreement is completely or partially terminated, Participant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and fi. Participant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. F. The provisions in this section shall apply to Participant, Its officers, agents, employees, subcontractors and suppliers. Participant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Participant in connection with the performance of this Agreement. G. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by Participant or third parties. 2. INDEMNIFICATION: The Participant shall indemnify and hold harmless the City, its officers, employees and agents, from any and all claims, liability, losses and causes of action which may arse out of an act, omission, negligence or misconduct on the part of the Participant, or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons Page 5 of 19 Dowsign Envelope ID: 9CW0A8A-292B4BE1-9E9F-12GD9DEEBB71 Docusign Envelope ID: 03CM929-2E7C4005-BOLA-A337206E536F acting under the direction, control, or supervision of Participant, pursuant to this Agreement and/or the Program. The Participant shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits In the name of the City, and shall pay all costs (including aHofney's fees) and judgements which may Issue thereon. This Indemnification shall survive the lerminalion and/or expiration of this Agreement. 3. ASSIGNMENT: Participant shall not assign or subcontract, In whole or in part, this Agreement without the Prior whiten consent of the City Manager, which consent, if given at all, shall be at the City Manager's sole discretion and judgment. Any purported assignment or subcontract of this Agreement in violation of the foregoing will be void, and shall be treated as an event of default pursuant to this Agreement. 4. COMPLIANCE WITH LAWS: Participant agrees to abide by and be governed by all applicable Federal. State. County and CRY laws, including but not limited to Miami -Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the City Code, as amended, which is Incorporated herein by reference as if fully set forth herein. 5. FLORIDA PUBLIC RECORDS LAW: A. Participants shall comply with Florida Public Records law under Chapter 119. Florida Statutes, as may be amended from time to time. B. The ten 'public records shall have the meaning set forth in Section 119,011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. C. Pursuant to Section 119.0701 of the Florida Statutes, R Participant meets the definition of *Contractor' as defined in Section 119.0701(1)(a), Participant shall: 1. Keep and maintain public records required by the City to perform the service; li. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be Inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes oras otherwise provided by law; III. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of this Agreement if Participant does not transfer the records to the City: D. Upon completion of this Agreement,transfer, at no cost to the City, all public records in possession of Participant or keep and maintain public records required by the City to perform the service. If Participant transfers all public records to the City upon completion of this Agreement, Page 6 of 19 Dmusgn Envelope ID: 9Cse0A60i,-292134BE14)E9FA2CMEEB1371 Dowsign Erw k,re In 03C2E929-2E7C400s-80CA M7206E536F Participant shall destroy any duplicate public records that are exemplar confidenlial and exempt from public records disclosure requirements. If Participant keeps and maintains public records upon completion of this Agreement, Participant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the Information technology systems of the Ciry. E. REQUEST FOR RECORDS; NONCOMPLIANCE I. A request to Inspect or copy public records relating to the Ciys contract for services, must be made directly to the City. If the City does not possess the requested records, the City shall Immediately notify Participant of the request, and Participant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. if. Participant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City. at its sole discretion, may: (1) unilaterally terminate this Agreement; (2) avail itself of the remedies set forth under this Agreement; andfor (3) avail itself of any available remedies at law or in equity. iii. If Participant fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. F. CIVIL ACTION I. If a civil action is filed against Participant to compel production of public records relating to the City's contract for services, the court shall assess and award against Participant the reasonable costs of enforcement, including reasonable attorneys' fees, if. ii. The court determines that Participant unlawfully refused to comply with the public records request within a reasonable time; and fit. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that Participant has not complied with the request, to the City and to Participant. iv. A notice complies with subparagraph (i)(b) if 3 is sent to the City's custodian of public records and to Participant at Participant's address listed on its agreement with the City or to Participant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or codified mail, with postage or shipping paid by the sander and with evidence of delivery, which may be in an electronic format. v. if Participant complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IF PARTICIPANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PARTICIPANT'S DUTY TO Page 7 of 19 Docusign Envelope ID: 9CSa0-292B4BE1-9E9F-12CD90EEBB71 Dowsign Envelope ID: 03C2E929-2E7C4D05-I3XAA337206E536F PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 EMAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV PHONE: 305-673.7411 6. WRfTTEN NOTICES: Any notices required under this Agreement will be effective when delivered to the City in writing and addressed to the City Manager's designee: City of Miami Beach Economic Development Department Attn: Director 1755 Meridian Avenue, Suite 200 Miami Beach, FL 33139 Tel: 305-673-7572 Email: mbbizormamlbeachfl aov Any notices required under this Agreement to Participant shall be delivered in writing to Participant's contact. Participant also accepts and agrees to comply with the following special conditions A. Participant hereby agrees that it will comply with Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at Section 2000e, prohibiting employment discrimination based on race, color, religion, sex and national origin. B. The Participant hereby agrees that It will comply with City of Miami Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment (Including independent contractors), housing and public accommodations, public services and in connection with its membership or policies on account of actual or perceived race, color, national origin, religion, sex, Intersexuality, gender Identity. sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation. C. The City endorsee, and Participant shall comply with, the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove bafflers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. Page 8 of 19 Docusign Envelope ID: 9C560AaA-292 BE1-9E9F-12CMDEEBB71 Docusign Enelow ID:03C2E92e-2E7C4DO6-B0CA-A337206ES36F D. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. No waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit, modify or waive either party's right thereafter to enforce or compel strict compliance with every lean, covenant, condition or other provision hereof. 9. GOVERNING LAW AND EXCLUSIVE VENUE AND ATTORNEYS FEES This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida, if In Stale court, and the U.S. District Court, Southern DisVict of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, THE CITY AND PARTICIPANT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 10. CONFLICT OF INT Applicant agrees to adhere to and be governed by all applicable State, County and City conflict of interest laws including, without limitation, State of Florida Code of Ethics for Public Officers and Employees, as set forth in Chapter 112, Florida Statutes, as may be amended from time to time; Miami -Dade County Conflict of Interest and Code of Ethics Ordinance, as set forth in Section 2- 11.1 of the Miami -Dade County Code, as may be amended from time to time; and by Section 2- 446 at seq. of the City of Miami Beach Code of Ordinances regarding voting and conflicts and disclosures of financial interests, as may be amended from time to time; all of which are incorporated herein by reference as if fully set forth herein; and further acknowledges the following: A- No officer, director, employee, agent, or other consultant of the City or a member of the Immediate family or household of the aforesaid has directly or indif" received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the approval of this Program; B. There are no undisclosed persons or entities interested with the Participant in this Agreement. This Agreement is entered into by Participant without any connection with any other entity or person making a request for funding in the same Program, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the City, or of the State of Florida (included elected and appointed members of the legislative and executive branches of government), or a member of the immediate family or household of any of the aforesaid: L is interested on behalf of or through the Applicant directly or indirectly in any manner whatsoever In the execution or the performance of this Agreement, or in the Page 9 of 19 Docusign Eowlope ID: 9C560A W,292B48E1AE9F-12CD9DEEBB71 Docusign Envelope ID: 93C2E9262E7G/DOsBOC"3372o6E5WF services, supplies or work, to which the Agreement relates or in any portion of the revenues; or 11. Is an employee. agent, advisor, or consultant to the Applicant or to the best of the Applicant's knowledge any subcontractor or supplier to the Applicant. C. Subject to the exceptions and provisions of (c)(2) through (c)(6) of Section 2-11.1 of the Miami -Dade County Code, Commissioners, autonomous personnel, quasi-judicial Personnel, advisory personnel, department personnel, emPl0yae5 or member of his or her immediate family (all as defined In Section 2.11.1(b) of the Miami -Dade County Code) of the City are prohibited from entering Into any contractor transacting any business In which he or she or member of his or her immediate family has a financial Interest, direct or Indirect, with the City or any person or agency acting for the City. and any such contract, agreement or business engagement entered in violation of (his subsection shell render the transaction voidable. D. Subject to the exceptions and provisions of (c)(2) Through (cg6) of Section 2-11.1 of the Miami -Dade County Code, City Commissioners, autonomous personnel, quasi-judicial personnel, advisory personnel, department personnel, employees or member of the immediate family of the aforesaid is prohibited from entering into any contract or transacting any business through a firm, corporation, partnership or business amity in which the aforesaid or any member of his or her immediate family has a controlling financial interest (as defined in Section 2-11.1(b) of the Miami -Dade County Code), direct or Indirect, with the City or any person or agency acting for the City, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. E. Pursuant to Section 2-446 of the City's Code of Ordinances, it is the policy of the City Commission that no officer or employee of the City. or any of Its agencies or subdivisions. and no member of the City Commission, shall have any Interest, financial or otherwise, direct or Indirect, or engage in any business transaction, or professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of hislher duties in the public interest F. The provisions of this Section 3 are supplemental to, not in lieu of, all applicable laws with respect to conflict of Interest. In the event there is a difference between the standards applicable under this Section and those provided by statute, the stricter standard shall apply. G.In the event Applicant has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, Applicant shall promptly bring such information to the attention of the Citys representative. Applicant shall thereafter cooperate with the City's review and investigation of such Information and comply with the Instructions Applicant receives from the City's representative regarding remedying the situation. 11. PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE: Participant warrants and represents that, within two (2) years prior to the Effective Date, Participant has not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2.379 of the City Code. Page 10 of 19 DOcusVri Envelope ID: 9C5WA8A-292BABE1-9E9F42CD9DEEBB71 Doousi, Envelope ID'. o3C2E92&2E7C4D05-B00A-A337205E536F For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2- 379 of the City Code shall not spot y to the following: A. Any individual or entity that provides goods to a candidate for office. B, Any individual or entity (hat provides services to a candidate for office if those same services ate regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This Includes, without limitation, banks, telephone or Internet service providers, printing companies, event venues. restaurants, caterers, transportation providers, and office supply vendors. C. Any Individual or entity which performs licensed professional services (including for example, legal or accounting services). 12. PARTICIPANT'&COMPLIANCE WITH ANTI -HUMAN TRAF Participant agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Anti -Human Trafficking Affidavit, containing the certification of compliance with anti -human trafficking laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit 2 and incorporated herein. 13. PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT: Participant warrants and represents that it is not cumently engaged in, and will not engage in, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2.375.1(2)(a) of the City Code, Participant hereby certifies that Participant is not cuvently engaged In, and for the duration of the Agreement, will not engage in a boycott of Israel. 14. PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE ACCESSED: Participant hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended from time to time, which states that as of January 1, 2024, a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a conlractwith an entity which would grant the entity access to an Individual's personal identifying Information (Pip, unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Paragraphs 2(8}(c) of Section 287.138, Florida Statutes: (a) the entity is owned by a government of a foreign country of concern; (b) the government of a foreign country of concem has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its principal place of business in a foreign country of concern (each a "Prohibited Entity'). A foreign country of concern is defined in Section 287.138 (1 go), Florida Statutes, as may be amended from time to time. as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. Additionally, beginning July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity. Participant warrants and represents that it does not fail within the definition of a Prohibited Entity, and as such, has caused an authorized representative Page 11 of 19 Docusign Ermelope ID: 9C560A8A-2921341BE1-9E9F.12CD91DEEBWI Dmusign Emdow ID: 03C2E928-ZV1 DOiBOCA-A331406E535F of Participant to execute the 'Prohibition Against Contracting with Entitles of Foreign COuntra6 of Concern AffidaWt', Incorporated herein by reference and attached hereto as Exhibit 3. 15. -Qi- TI0N5 USED IN THIS AGREEMENT: Captions, as used In this Agreement, are for convenience of reference only and should not be deemed or construed as In any way limiting or extending the language or provisions to which such captions may refer. 16. CONTRACT REPRESENTS TOTAL AGREEMENT: This contract, including Its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this Agreement and Its attachments, are to be considered In construing Its terms. No modifications or amendments may be made to this Agreement unless made in writing signed by both padies. The City Manager, on behalf of the City, shall be authorized to execute amendments to this Agreement; however, any changes to the Grant Amount shall require approval by the Mayor and City Commission. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Page 12 of 19 Docusign Envelope ID: 9C%OABA-292& E1E1-9E9F-12CD91)EEE671 Docusign Envelope ID: O3C2E920-2E7C-4005A0CA-A331206E536 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. FOR CITY. ATTEST: sgo•w M' Rafael E. G eb%'BII¢*Ohttk Date: 1/28/20261 3:38 PM EST FOR PARTICIPANT. ATTEST: Print Name and Title CITY OF MIAMI BEACH, FLORIDA i By � Enc . Carpenter, cr Manager A&M REALTY LLC By: klar'a gar dos 4-pkee- Print Name and Title Date: STATE Of FL D COOSTr OF rcrw- 4' 111 ins lmegoine im ..... scwuw'kwOrE boas ma srmeaa of ( I pare pttppstaqM prt_leAYl0lgd1i9B011ggg L'5— Yu4�/J •O p mis OaY al //�� 20 By 9 S PerennallnKOa WucelLlSafA�CaAM1� 6S Typo of wenficolmn R'Autl 7-[ ,r, •., APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION r City Ahorney xa Dee Page 13 of 19 DOcuagn Envelope ID: 9C560A8A@9284BE1-9E9F-12CMDEEBB71 Doorsign Envelope ID03C2E928-2E7C-4D05-BOCA-A337206E536 EXHIBIT 1 $MALL BUSINESS GRANT PROGRAM GUIDELINES 1. Background and Purpose The City of Miami Beach Is committed to economic resilience through diversification and targeted support for small businesses. In the wake of challenges posed by shifts in tourism trend and rising commercial rents, small businesses have shown remarkable adaptability but continue to face pressures from Increasing costs and summer slowdowns. To address these challenges, the City has Introduced the Small Business Grant Program (the "Program"). offering grants of $5.000 to twenty (20) eligible smell businesses. The Program aims to provide resources to businesses with a physical presence within the City to help enhance operations. sustain jobs, and support summer success. Aligned with the City's dedication to innovation and economic vitality, funding for the Program will be considered as pan of the Fiscal Year 2025 Budget process. 2. E(igibility Requirements for Reimbursement A. Application will be evaluated by the following criteria: i. located in Miami Beach and in operation with a Business Tax Receipt (BTR) for at least two (2) years; li, registered as an active entity with the Florida Division of Corporations; W. no affiliation with a national chain business or franchise; IV. in 'good standing' with the City of Miami Beach and Miamo-Oade County including, but not limited to, an active City of Miami Beach Business Tax Receipt (BTR) and Miami -Dade County and Local Business Tax Receipt V. revenue/annual sales limitfrom under$7.5 million as evidenced by recent tax filings. (Small Business Administration January 2025) Potential ineligible businesses may Include: i. Franchises and national chain businesses; ii. Health, medical, and social service businesses such as, but not limited to, walk-in clinics, pain management clinics, hospitals and all affiliated services. chain pharmacies, detoxification centers/clinics, residential care facilities, and labs; IL Agricultural service industries; iv. Not -for -Profit organizations; V. Tattoo padore; vi. Body piercing or body art shops; vii. Adult entertainment facilities; vill, Adult -oriented or adult-themed businesses; ix. Nightclubs, standalone bars, or tavems; X. Liquor stores; xi. Gun shops: xii. Pawn shops; xiii. Home -based businesses; AV. Businesses that sell paraphernalia that may be considered drug paraphernalia; and W. Vitamin shops. 3. GRANTAWARD Page 14 of 19 Docusign Envelope ID: 9C560AaA 292B4BE1-9E9F-12CD9DEEBB71 Docusign Envelope ID: 03D2E928-2E7"De5-8aCA-A337206E5M A. Eligible business will be provided a grant for the dollar amount up to $5,000 Participants may only request the reimbursement of Qualified Expenses, as defined below. Reimbursement payments are contingent upon annual appropriation of Program funding by the City Commission and Participant's continuous compliance with the requirements and obligations of the Participation Agreement. Vertficatlon of expense eligibility is subject to the sole and absolute discretion of the City. Expenses may be deemed ineligible for reimbursement if an executed lease agreement has not been provided to the City, or either the tenant and/or property owner have not obtained a Certificate of Use (CU) Or Business Tax Receipt (BTR). B. Expenses qualified for reimbursement are costs Incurred on or after the expense eligibility date identified in the Agreement, generally the Agreement effective date. and which are documented as paid. The Program could be designed to provide financial assistance for some or all the following expenses: i. Monthly utility bills such as: o Electricity o Water o Renters Insurance (premiums ordeductible) ii. Professional Services such as: o Payroll o Marketing/advertising o Technology o RenULease/Mortgage expenses o Miami Beach STR Fees o Real Estate Taxes (including assessments) iii. Hard costs such as- o Repairs and/or replacement of equipment 4. APPLICATION PROCESS A. Grant applications and awards will be evaluated and approved on a first -come, first qualified, first -approved basis; B. Applications will be received and evaluated by the administration via the Economic Development Department; C. Upon evaluation by the Administration, applicants will be Informed of eligibility status; and D. The Administration will notify the selected applicant when the applicant is scheduled for consideration at any public meeting; S. APPLICATION INSTRUCTIONS A. Carefully review program guidelines, application, and related materials. Prior to submitting an application, contact the Miami Beach Economic Development Department at mbbizj5miamibeachn.dov or 305-673-7572 to Page 15 of 19 Docusign Envelops ID: 9C56WA-292B4BE1-9E9F-1WD9DEE8871 Docuslgn Envelope ID: 03CZE9288E9C41DOS-e0CA 337206E536 discuss your application, business needs, and how the Program can be tailored to maximize your business growth in Miami Beach. You may also contact the department If you have any questions about your application status, review, or payment. C. Completed application must be submitted through the online platform by the business applying for the grant no later than the posted deadline. No physical applications will he accepted or maimed. 6. FINAL REPORT A. Vendor Registration Requirement: Before submitting reimbursement requests, participants must register as vendors with the City of Miami Beach. If you've never done business with the City. create a new vendor profile on the portal, B. How to Register as a Vendor I. Visit the Vendor Portal: Go to the City's Vendor Self -Service (VSS) portal at helps://selfservice.miamibeachf1,gov/vssNendorsijghi 1, x. H. Upload Documents: Be ready to upload a current W-9 form and any other required documents. iii. Need Help? Contact the Procurement Department: o Email: procurement@miamibeachfl.gov o Phone: 305-673-7490 C. Frequency of Reimbursement Participants may submit to the City (1) one request for reimbursement of Quall Expenses to receive a ane-6me payment of $5,oOD. Proof of Qualified Expenses must equal or exceed the award amount end be submitted through the online portal prior to payment reimbursement by the City, D. Supporting Documentation Required I. Verify that current main contact, phone number, business address, and email address within GoSmart are up to dale for correspondence. 11, Executed Lease Agreement: Lease Term and quarterly coverage period must overlap. III. W-9 Form: rigs://www.IrsAoy/pub/IrS-pmfw9 pelf Iv. Certificate of Use (CU) Number V. Miami Beach Business Tax Receipt Number (BTR) vi. Miami Beach Vendor Number: Provided through the vendor portal for payment distribution. vii. Each reimbursement request must be submitted with comprehensive documentation clearly verifying payment of Qualified Expenses. All invoices, receipts, and proof of payments must fall within the fiscal year Page 10 of 19 Dcoueign Envelope ID: K Docusign Envelope ID' of the grant cycle awarded (Oct. 1 - Sept. 30). Any invoices, receipts, or Payments outside of the allocated fiscal year will not be accepted or reimbursed. viii. Detailed Paid Invoices: Must clearly show expense description, vendor name, date, and payment status. ix. Proof of payment: Such as canceled checks (front and back), bank statements, or credit card statements clearly reflecting the corresponding payments. For credit card or other non -check /ACH payments, you must also include documentation showing the final payment of the credit card or account balance that covers the reimbursable expense. Cash payments without proper proof of contract and/or receipt are not acceptable or reimbursable. X. Funding Details: Invoices and Proof of Payment of qualified expenses must equal or exceed the full award amount issued to be reimbursed. Invoices and Proof of Payment not equaling or exceeding the full award amount will only be reimbursed for the total amount of qualified items. E. Document Submission Instructions: i. All documents must be submitted through the online platform, Gosmart. Documents submitted via email or by mail will not be accepted or reviewed. ii. Ensure scans or digital copies are clear, legible, and complete. Document uploads are accepted In PDF, JPEG, JPG or PNG formats (other foments listed within the online platform may be accepted). III. Include name of vendor, date of service, date of payment and upload corresponding invoice/receipt, and proof of payment for the specific reimbursement within the labeled spaces. iv. Electronic signature though GoSmart is required by an authorized signer for the business. All other signatures will not be accepted. Authorized Representative Electronic Certification By signing below, either electronically or by hand, I certify that all Information and supporting documents provided in this reimbursement request are true, accurate, and complete to the best of my knowledge. Printed Name and Ttle:-� Signature: / V ' __ Date: 1O1lY>9lp"7&f' Page 17 of 19 Docusgn Envelope ID: 9C560ABA-292B4BE1-9E9F-12CD9DEEBBII Docuslgn Envelope to 03C2E925-2E7C4D05-BOCA-A33720aE5WF EXHIBIT 2 ANTIHUMAN TRAFFICKING AFFIDAVIT In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of Participant hereby attests under penalty of perjury that Participant does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking". I understand that 1 am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or Imprisonment. The undersigned is authorized to execute this affidavit on behalf of Participant. PARTICIPANT: A&M Rea�lty—L-L-�C . 6 Fbdda Limited Liab'fN-QQMWny ' 800 Collins Ave 1 C M'ami Ba ich FL 22139 Name/Title: /`11>•x if/ t' _yYQDKER (Address) State of -Z I // County of '0/'O/Nr dGo%2. The foregoing instrument was acknowledged before me by means Of 19 physical presence or 0 online notarize on, /t�his day of o� 202� by aJ 1147 Q as le Z of to be the person descrii herein, or who produced (.� '© as identification, and who did/did not take an calf NOTARY PUBWe--) ,w ,s ALDO CA9RERAVAZDUEZ +p���/,• CammissunM Nl{g22903 (Slgnat�Ure)O /!n/ �'L os o,? Ewi,mneeemGa•16. 30P9 (Print Name) My commissionexpires: ins _ Page 18 of 19 Docusign Envelope ID: 9C560A8A-292B48EI-9E9F-12CDgDEEBB71 Dowsign En ope ID: 03C2E929-2EG4DD5-BDCA-A337206E536F EXHIBIT PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN AFFIDAVIT In accordance with Section 287.138, Florida Statutes, incorporated herein by reference, the undersigned, on behalf of Participant, herebyaltests under penalty of perjurythat Participant does not meet any of the following criteria in Paragraphs 2(a)-(c) of Section 287,138, Florida Statutes: (a) Participant is owned by a government of a foreign country of concern; (b) the government of a foreign country of concern has a controlling Interest In Participant; or (c) Participant is organized under the laws of or has its principal place of business in a foreign country of concern. I understand that I am swearing or affirming under oath, under penalties of perjury, to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines andfor imprisonment. The undersigned is authorized to execute this affidavit on behalf of Participant PARTICIPANT: A8M Realtv LLC . a Florida Limited Liabilitv Company Collins1800 Ave i C. Miami Beach FL 3313 Namerfitle: Y O (Address) State of /Z Countyof Morn) 4-43 The foregoing instrument was ackn Jedged before me by me ns of 0 physical presence or ❑ online notarizatio th' dayof c 202 S' b C Y I as Ao of LC. a ki.r o/ w�own to me to be the person t e cribed herein, or who produced L - VV as identifcatbn, antl w o did/did not take an oath. NOTARY PUB �p,�.....h pEpD CA6REnA yA2CU1'. }♦p`�`,,��q�v/� CommisWoq I HUM (Signature) v�oe Evpne Cea�.eanf. Mil (PrintName) My commission expires: 4) i /sue L4 Page 19 of 19