HomeMy WebLinkAboutCMB Agreement with MY SMOOTHIE SHOP, LLC. Small Business Grant ProgramDocusign Enmbpe ID: 1 E1D252F-E133d1FA-A82A-7FE]C0C89362
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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 28 day of Janaarv2o28 , 2025, by and between (he City of Miami Beach
Florida, a municipal corporation organized and existing under the laws of the Slate of Florida.
having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139
(hereinafter lhe'04"), and MY SMOOTHIE SHOP LLC, a Florida limited liability companywhose
principal business address is 1229 Washington Avenue, Miami Beach, Florida 33139 (hereinafter
the -Applicant' or 'Participant")
Article I I Program Summary
Apphcant/Paniclpant MY SMOOTHIE SHOP LLC. BSA The Smoothie Shop
Applicant/Participant Contact. Pierre Jean Millet
Local Business Address 1229 WASHINGTON AVENUE
City, Stele. Zip. MIAMI BEACH. FL 33139
Phone, fax. e-mail 305.903-6683, p)millell 3Q9mail.com
Grant 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 111 General Conditions
1. QACKGROUND AND PURPOSE.
The City of Miami Beach is committed to economic resilience through dwersifcation and targeted
support for small businesses. In the wake of challenges posed by shifts in tourism (rend 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 $5,000 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 lobs, 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. ELIGIBILITY R-QUIREMENTS 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 operalioir with a Business Tax Receipt (BTR) for at
least two (2) years,
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• 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 Miami -Dade County;
• active City of Miami Beach Business Tax Receip((BTR) and Miami -Dade County and
Local Business Tex 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 SCHEDULE:
The total amount of the grant is set forth in Article I, 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 remitted 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 conbibute to (he 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, if it
has not received the final report required to be submitted by Participant, or if such report does not
meet the City reporting requirements. Any reports may be disseminated by the City without the
prior written consent of Participant.
5 REIMBURSEMENT REQUESTS
Participant may submit one reimbursement request to the City following the conclusion of the Term.
This request must be submitted together with the Participant's final report All expenditures must
have occurred during the Term and be directly related to grant -funded aclivi(ies 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 budge( 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;
chantable conlribuuons; or events not open to the public.
7. ACCOUNTING AND FINANCIAL REVIEW.
Funded activities by this grant must take place during the Ciys fiscal year for which the grant is
approved (October 1 — September 30). Participant shall keep accurate and complete books and
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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, invoices,
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 (he end of the Term These books, records, and documents may be
examined by the City, antler 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.
8. 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. DEFAULT/TERMINATION 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,
(it) 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. If, 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 penod 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 of Material Misrepresentations. Additionally. if the default
is of a nature that cannot be cured, such as fraud or a material misrepresentation
in connection with Participants 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. m his/her sole discretion or the sole
discretion of histher designee, finds 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 of
any portion of fine payments received by Applicant under this Agreement, as of
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the dale that the written demand is received ("Demand for Recapture'), within
thirty (30) days from receipt of the Demand for Recapture.
E. Applicant further acknowledges and agrees that any default may, at the City's
sole discretion, render 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 solely 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 rive (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 tll l 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, records, 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, (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 corruption Pursuant to Section 2.376 of the City
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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 auditors
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
corruption.
D. The Inspector General shall have the right to inspect and copy all documents and
records in Participant's possession, custody or control which in the Inspector General's sole
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 pmjecl-related correspondence, memoranda,
instructions, financial documents, construction documents. (bidiproposal) 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, until three (3) years after final payment under
this Agreement orfor 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 13) years after any
resulting final termination settlement, and
it. Participant shall make available records relating to appeals or to litigation or the
settlement of claims ansing 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 Padicipant 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 investigalive 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 arise out of an act,
omissionnegligence 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
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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 attorneys fees) and judgements which may issue (hereon. This Indemnification shall
survive the termination and)or expiration of this Agreement.
3. ASSIGNMENT:
Participant shall not assign or subcontract, In whole or in part, this Agreement without the prior
written 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 (his
Agreement.
4. COMPLIANCE WITH LAWS:
Participant agrees to abide by and be governed by all applicable Federal, State. County and City
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 Tenn "public records' shall have the meaning set forth in Section 1 19.01 1(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.
cnaracleristics, or means of transmission, made or received pursuant to law or ordinance of in
connection with the transaction of official business of the City.
C. Pursuant to Section 119.0701 of the Florida Statutes, if Participant meets the
definition of "Contractor" as defined m Section 119.0701(1)(8). Participan(shall
i Keep and maintain public records required by the City to perform the service;
n Upon request from the City's custodian of public records, provide the City with a
copy or 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 or as 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 sorvlce. If Participant transfers all public records to the City upon completion of this Agreement.
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Participant shall destroy any duplicate public records that are exempt of confidential 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 formal that is compatible with the information technology
systems of the City.
E. REOUEST FOR RECORDS; NONCOMPLIANCE
i. A request to inspect or copy public records relating to the City's 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.
ii. 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; andlor (3) avail itself of any available remedies at law or in equity.
iil. If Participant falls 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 recortls
relating to the City'a contract for services, the court shall assess and award
against Participant the reasonable costs of enforcement, including reasonable
altomeysfeesif
ii. The court determines that Participant unlawfully refused to comply with the public
records request within a reasonable time, and
f, 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 it 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 Garner delivery service or by registered Global Express Guaranteed. or
certified madwith postage or shipping paid by the sender and with evidence of
delivery, which may be In an electronic formal.
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
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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. WRITTEN NOTICES:
Any notices required under this Agreement will be effective when delivered 10 the City in writing
and addressed to the City Manager's designee:
City of Miami Beach
Economic Development Department
Atln: Director
1755 Meridian Avenue, Suite 200
Miami Beach, FL 33139
Tel: 305-673-7572
Email m1b0i7Pmiamibeachfl gov
Any notices required under this Agreement to Participant shall be delivered in writing to
Participant's contact.
7. NO DISCRIMINATION
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 Gvil Rights Act of
1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United Slates
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 endorses, and Participant shall comply with, the clear mandate of the
Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified
individuals with disabilities from enjoying the same employment opportunities that are available
to persons without disabiiilles.
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0. 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.
8. NO WAIVER:
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 term,
covenant, condition or other provision hereof.
9. GOVERNING LAW AND EXCLUSIVE VENUE AND ATTORNEY'S FEES:
This Agreement shall be governed by, and construed in accordance with, the laws of the Stale 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 District 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 INTEREST:
Applicant agrees to adhere to and be governed by all applicable Stale, 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 Ilme;
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 indirectly received or been
promised any form of benefit, payment or compensation, whether tangible or intangible. In
connection with the approval of this Program;
S. 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'
i. 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
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services, supplies or work, to which the Agreement relates or in any portion of the
revenues,or
it. 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, employees or member of his or her
immediate family (all as defined in Section 2-11.l(b) of the Miami -Dade County Code) of the City
are prohibited from entering into any contract or transacting any business in which he or she or a
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 this subsection shall render the transaction voidable.
D. Subject to the exceptions end provisions of (c)(2) through (c)(6) of Section 2-11.1
of the Miami -Dade County Code, City Commissioners, autonomous personnel, quasi-judicial
personnel, advisory personnel, department personnel, employees or a 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 entity 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 of -
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 his/her duties in the public
Interest
K The provisions or 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 City's 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.
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.
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For the avoidance of doubt. the restrictions on contracting with the City pursuant to Section 2-
379 of the City Code Shall not apply 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 are 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 internal service providers, printing companies, even( 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'S COMPLIANCE WITH ANTI -HUMAN TRAFFICKING LAWS.
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 currently 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, Panicipanl hereby certifies that Participant is not currently 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 maybe 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 contract with an entity which would grant the
entity access to an individual's Personal identifying information (Pit), 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(a)-(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 concern 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 Nc). Florida Statutes, as may be amended from time to lime, 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 Maduror 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 of
renew a contract with a Prohibited Entity Participant warrants and represents that it does not fall
wdh:n the definition of a Pfoh!biled Entity, and as such, has caused an authorized representative
Page 11 of 19 n„
Dacusign Envelope ID:f E1 D252F-El33 7FA-Aa2A-7FE7COC893432
of Participant to execute the "Prohibition Against Contracting with Entities of Foreign Countries of
Concern Affidavit incorporated herein by reference and attached hereto as Exhibit 3.
15. CAPTIONS 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 parties. 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 Ig f,
Envelope10: 1E10252F-E133 7FA-A62A-7FE7COC89362
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:
a.aa:
Rafael y Clerk
Date: 1/28/2026 11:54 PM EST
FOR PARTICIPANT:
ATTEST:
Name and
Date
State or FIC11tle
County of
CITY OF MIAMI BEACH, FLORIDA
By. Egnc T�T�C
Eric T. Carpenter, ity Manager
MY SMOOTHIE SHOP LLC
42
Pnm Name and Title VV
5worrrto for ellKmaE)ene xlbu 00,41.NoOleerri ON '�/I//� i�
Urfa phYly l Mday.1 0 r d. a� rva- 1�
aml pmnml Nwo
W ��t,,.c4 4 1.. Gr.t In Red
David A PB(er5
tga.e Comm.: HH 639897 APPROVED AS TO
Ismeamo a nowt' wet,Si.aeyln«wm Expires Mar. 16, 2029
FORM & LANGUAGE
t x- e,;,o ' Notary PunNc-SYateof Honda
& FOR EXECUTION
Meme of Nolery wblrtl ✓ _ )
personally Krow _._. OR Prod enWenu0ca11on_
Type onoennnamlon pron.cee_ --- % City Attorney ' Date
Page 13 ri` 19
Docusign Envelope ID: 1Et 02521`-Eltr ATFA-A52 7FUCDC89362
EXHIBIT t
SMALL BUSINESS GRANT PROGRAM GUIDELINES
i. 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 55,000 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
Citys dedication to innovation and economic vitality, funding for the Program will be
considered as part of the Fiscal Year 2025 Budget process.
2. glligileflity 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;
it. registered as an active entity with the Florida Division of Corporations,
Ili no affiliation with a national chain business or franchise;
IV. in "good standing" with the City of Miami Beach and Miami -Dade 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. revenuelannual sales limitfrom under$7. 5 million as evidenced by recent
tax filings. (Small Business Administration January 2025)
B Potential ineligible businesses may Include:
i. Franchises and national chain businesses:
it Health, medical, and social service businesses such as. but not limited
to, walk-in clinics, pain management clinics, hospitals and all affiliated
services, chain phagnams, detoxification centerslclinics. residential
care facilities, and tabs;
9t. Agricultural service industries;
Iv. Not -for -Profit organizations;
v. Tattoo parlors:
vi. Body piercing or body art shops;
vii. Adult entertainment facilities;
vill. Adult-onented or adult-themed businesses,
ix. Nightclubs, standalone bars, or taverns;
X. Liquor stores,
xt. Gun shops,
xii. Pawn shops;
Ali. Home -based businesses,
xiv. Businesses that sell paraphernalia that may be considered drug
paraphernalia; and
xv. Vitamin shops.
3. GRANT AWARD
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'v
EnvelopelD. 1ElD252F-E133d7FA-M2A-7FE7COC89362
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. Verification 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 or deduc(ible)
it. Professional Services such as:
o Payroll
o Marketing/advertising
c Technology
o Rent/Lease/Mortgage expenses
o Miami Beach BTR Fees
Real Estate Taxes (including assessments)
iiL 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 firs( -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
5. APPLICATION INSTRUCTIONS
A. Carefully review program guidelines, application. and related materials.
B. Prior to submitting an application. contact the Miami Beach Ecorwmre
Development Department at mbbrzamiamibeachrinov or 305-673-7572 to
Page 15 of 19 ii
Docusi9nE.Io1ID: 1EIWUF-E133I1FA-A-TFUCpC693e2
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 be accepted or reviewed.
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 fi�lps sellservire.mVentlbeech(I goW_y�sA{,en OraJggf„aull;p_spx_
is Upload Documents: Be ready to upload a current W-9 form and any
other required documents.
ui. Need Help? Contact the Procurement Department:
Email: procurement®miamibeachn.gov
Phone'. 305-673-7490
C. Frequency of Reimbursement. Participants may submit to the City (1) one
request for reimbursement of Qualified Expenses to receive a one-time payment
of $5,000, Proof of Qualified Expenses must equal or exceed the award amount
and be submitted through the online portal prior to payment reimbursement by
the City.
D. Supporting Documentation Required
i. Verity that current main contact. phone number, business address. ano
email address within GoSmarl are up to date for correspondents.
ii. Executed Lease Agreement. Lease Term and quarterly coverage penoe
must overlap.
iii. W-9 Form: pilgs:gwww us aowpuWV-pdfflw9j Wj
iv. Certificate of Use (CU) Number
v. Miami Beach Business Tax Receipt Number (BTR)
vi. Miami Beach Vendor Number. Provided through the vendor portal fc,
payment distribution.
vii. Each reimbursement request must be submitted with comprehensive
documentation clearly verifying payment of Qualsfied Expenses. Al,,
invoices, receipts, and proof of payments must fall within the fiscal year
Page 16 of 19 B
Docusgn Envelope ID: 1E1D252F-E13331FA-A82A-1FE7COC893a2
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.
vile. 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 IACH 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 vie email or by mail will not oe 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 formats
listed within the online platform may be accepted).
in. 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 Tltle_ i"c
Signature: >
Date:
Page 17 of 19
wilier Envelope ID: 1UD252F-E133 17FA-A62A-7FUCeC89362
EXHIBIT 2
ANTI -HUMAN TRAFFICKING AFFIDAVIT
In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalfof Participant
hereby attests under penalty of perjury (hat Participant does not use coercion forlabor or services
as defined in Section 787.06, Florida Statutes, entitled 'Human Trafficking'.
I understand that I 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:
MY SMOOTHIE SHOP LLC a Florida Limited Liability Company
erfglS
State of
County of r.nt�.
The foregoing instrument was acknowledged before ale by means of tB'physlcat presence or ❑
online notarization, this I- day of (%c ivba�y2025 by
Olt,ro -Sa V,r4,.4 /`.4ti K; lt<F as of
a
to be the person described herein, or who produced
identification, and who did/did not take an oath.
NOTARY P� IC
(Signature) ,+�M±%�"••; David A. Peters
Comm HH 639897
` rzaiffl Mdr. 16, 2929
(Print Name) ?o rj,.�` 1101aM1'Public-Waofnaida
My commission expires
Page 18 of 19
known to me
as
EXHIBIT 3
PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN
AFFIDAVIT
In accordance will Section 287.138, Florida Statutes, incorporated harem by reference, the
undersigned, on behalf of Participant. hereby attests under penalty of perjury that Participant does
not meet any of the following coterie 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 ParticlpanP, 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 knovnngly making a
false statement includes lines and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Participant.
PARTICIPANT:
_.MY SMOOTHIE SHOP LLC - a Florida Limited Liability Comoa_
Stale of Fler��b�1��Qc
County of Lx, h'^.• Wort __ '_
The foregoing instrument was acknowledged before me by means of L'!physical presence or
online notarization, this I� day of 202 � by
as I of
a known to me
to be the person described herein, or who Produced i� as
identification. and who did/did not take an oath.
NOTARP P BLIC.
Signature ,Y; N David A Peters
1 Comm.: NN 639697
' Woos: Mar. 16, 2029
-rl Name) :`� -M�rylaOblb_ State of Bunda
t.ly commission axpires;
Page 19 of 19