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R23-066 1 RESOLUTION NO. R23-066 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 5 GRANT AGREEMENT FOR THE MARKETING AND DIGITAL 6 CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE 7 AMOUNT OF $2,500 FOR MANCAVE FOR MEN BOYNTON BEACH LLC; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, The City's Marketing and Digital Connectivity Small Business Grant 12 Program was created to provide eligible new and existing small businesses with a 13 reimbursable grant for expenses associated with marketing and/or developing an e- 14 commerce platform; and 15 WHEREAS, Mancave for Men Boynton Beach, located at 1503 South Federal 16 Highway, Boynton Beach, FL 33435 is a place to relax, be pampered, and to call your own 17 as an opportunity to escape from the everyday lifestyle and enjoy the traditions of 18 yesterday, while experiencing the benefits of tomorrow; and 19 WHEREAS, approval of this application will allow the City's Department of 20 Economic Development and Strategy to help local small businesses improve the quality 21 and effectiveness of their marketing to help reach a broader market. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 23 OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being true and correct and are hereby made a specific part of this Resolution upon 26 adoption hereof. 27 Section 2. The City Commission approves and authorizes the City Manager to 28 sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant 29 Program funding in the amount of$2,500 for Mancave for Men Boynton Beach LLC, a copy 30 of which is attached hereto and incorporated herein as Exhibit "A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 S:\CA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding(Mancave)-Reso.Docx 33 34 35 PASSED AND ADOPTED this 16th day of May, 2023. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor—Ty Penserga ✓ 41 42 Vice Mayor—Thomas Turkin ✓ 43 44 Commissioner—Angela Cruz ✓ 45 46 Commissioner—Woodrow L. Hay V 47 48 Commissioner—Aimee Kelley 49 50 VOTE __ 51 52 53 54 Ai4S 5556 57 MayleeD4-sus, MPA MMC Ty Pe e 58 City Clerk M. -or 59 60 ••.., APPROVED AS T O' • 61 (Corporate Seal) F g�YNTO��`� 62 . oRPOR• ��' Il 63 6: SEAL : _ 64 : INCORPORATED: 5 Michael D. Cirullo, Jr. 65 I '•.,1920•,:' % City Attorney 66 4 ,‘` FORIDP 67 S:\CA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding(Mancave)-Reso.Docx CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this/( 4h day of , 2023, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporat. , hereinafter referred to as "CITY,"and Mancave for Men Boynton Beach LLC, hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth within the CITY's municipal boundaries; and WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small Business Grant program provides City funding to support new and existing small businesses with marketing and/or developing an e-commerce component to their business; and WHEREAS,the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to justify the expenditure of public funds and secure the public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations pursuant to the CITY's grant program. NOW, THEREFORE,in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS A. GRANTEE agrees that it will perform the business activities as more specifically set forth in GRANTEE's Grant Application. Representations contained in the Application are deemed material representation of the GRANTEE and failure to expend the grant funds as set forth in the CITY'S grant program constitutes a breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY for performance under this Agreement, and that, in the event of default as solely determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. 1 B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. II. PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available pursuant to this Agreement will be paid by the CITY to the GRANTEE only after the GRANTEE provides the documentation as required by the CITY. B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY may withhold,temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CITY shall have no further funding obligation to the GRANTEE under this Agreement. C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY for any lost or stolen funds. D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's determination. E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be repaid by delivering to the CITY a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30)days of the CITY's demand. F. All corporate or partnership officers and members of GRANTEE are individually and severally responsible for refunding grant funds to the CITY in the event of a default. G. The above provisions do not waive any rights of the CITY or preclude the CITY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CITY's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. 2 III. DEFAULT/TERMINATION A. In the event that a party fails to comply with the teens of this Contract, other than payment of funds,then the non-defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have ten(10) days within which to initiate action to correct the default and thirty(30) days within which to cure the default to the satisfaction of the non-defaulting party. B. In the event that the defaulting party fails to cure the default, the non-defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV.REIMBURSEMENT REQUIREMENTS GRANTEE agrees to submit the required reimbursement documents to the CITY within the specific timeframe set forth in the CITY'S grant program. V. GRANT AMOUNT The total grant is Two Thousand Five Hundred Dollars ($ 2,500 ). VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the CITY deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Grant Agreement shall be submitted to the CITY if requested. VII. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified,or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement. 3 VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees,and causes of action of every kind and character against and from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CITY, its respective agents, servant employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes,be waived. This paragraph shall survive the termination of the Agreement. IX. INSURANCE GRANTEE must provide the CITY with evidence of insurance as follows: general liability insurance -$1,000,000;umbrella - $1,000,000;and evidence of auto liability insurance and worker's compensation insurance. X. AVAILABILITY OF FUNDS The CITY's obligation to pay under this Agreement is contingent upon having funds budgeted and appropriated by the City of Boynton Beach City Commission. XI. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. (00306206.2 306-9001821)C.W'ogam Fiks(X86)\Neevia.Com\Docconverserpro\Temp\NVDC10AEE6562-AC48-430A-8055-5F649474F16CBoynton Be ac h.16786.1.Gra nt_Age c me nt_(00306206-2sc 4b6a).Doc s XII. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys'fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding,in addition to any other relief to which such party or parties may be entitled,provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent,be held invalid or unenforceable, the remainder of this Agreement,or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected,and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XV. ENTIRE AGREEMENT The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to,modified,superseded or otherwise altered,except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: John Durgan, Economic Development Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561)742-6010 Facsimile (561) 742-6011 with a copy to: Michael Cirullo, City Attorney Goren, Cherof, Doody&Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 Telephone No. (954)771-4500 Facsimile No. (954) 771-4923 and if sent to the GRANTEE shall be mailed to (current official address): IN WITNESS WHEREOF,thearties hereto have executed this Agreement as of the date p � and year first above written. CITY GRANTEE By: By: Print: ,Oc.,r-Z; e 1 ajcK 1e i. Print: Name: ,,J J Title: g0�....9N B`‘ Off:.•.........• 1.1 O •. CAn ATTF15tAL �;�r' • 1TEST: NCORKI°1 1• C�� Q � 192° • Maylee De J s s, City Cler ��4k` •'••.......•.Q, Print Name: ‘., FLO Title: APPROVE S TO EGA RM: (CORPORATE SEAL) Office of the City Attorney EXHIBIT "A" City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Marketing is your business' way of communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers. As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales. With new mediums of communication, available platforms and economic shifts in consumer spending, the City also recognizes the importance of e-commerce for small businesses. E- commerce allows businesses to grow their customer base, generate new sales, and benefit from the shift in shopping from brick-and-mortar to online. Having the ability to process sales directly online builds your customer base and allows your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with their customers as their physical location was shut down. With e-commerce your customers are no longer limited to those who can visit your brick-and-mortar location. The purpose of this grant is to help local small businesses improve the quality and effectiveness of their marketing and help reach a broader market. Available Funding The City's Marketing and Digital Connectivity Small Business Grant was created to support new and existing small businesses with marketing and/or developing an e-commerce component to their business. The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or building an e-commerce platform for their business. Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. The maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e- commerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first-qualified, first-served basis. All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding. All applications are subject to funding availability. The City of Boynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives of the City's Economic Development Division. Eligibility Requirements • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Applicant must be a for-profit privately held business. Non-profit organizations and home-based businesses are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (BTR). Eligible Uses The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: — Development of a marketing/social media plan — Design of marketing materials and content — Website design — Web promotions (e.g. Facebook ads) — Print and TV advertisements — Social media development and assistance — Marketing consultants — Brand and logo design — E-commerce software and development — Equipment to support marketing efforts Ineligible uses include but are not limited to: — Sponsorship fees — Website hosting/maintenance fees — Staff salaries — Travel and accommodations — Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use. The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. Required Documentation with Application Application packets must include the following documentation: 1. W9 Form (included in this application package if needed) 2. Copy of active City of Boynton Beach Business Tax Receipt 3. Written detailed description of your project and budget estimates. The project budget must provide a total cost for the project. 4. Vendor Quotes for eligible uses Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and potential approval. The City Commission can approve or denial any grant application. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be obtained at www.boynton-beach.org. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant.That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved, the applicant will have until September 20, 2023 to submit for reimbursement. The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the front and back of the cancelled check for work that was completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. How to Apply Applicants can apply online at whyboynton.com/grants or by contacting the City Economic Development Division at 561-742-6014 or Durgan.1@bbfl.us for a copy of the grant application. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES:The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party.The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding.