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R24-002
1 RESOLUTION R24-002 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 THE GRANT AGREEMENTS FOR THE FY 2023-2024 SMALL 6 BUSINESS SUPPORT GRANT PROGRAM AWARDED 7 APPLICANTS IN THE AMOUNT OF $10,000.00 PER APPLICANT 8 FOR A TOTAL OF $80,000.00; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS, the Economic Development Division's mission is to establish a 12 healthy and vibrant local economy by supporting entrepreneurs and small business 13 owners; and 14 WHEREAS, the Small Business Support Grant was redesigned this fiscal year to 15 address the concerns of many small businesses that are unable to obtain capital to 16 finance their business expenses or expansion; and 17 WHEREAS, the Small Business Support Grant will support businesses with their 18 operations and help scale operations for existing businesses in Boynton Beach with 19 eligible uses including: business equipment, inventory, interior/exterior commercial 20 property renovations, payroll/salaries, and software/technology purchases; and 21 WHEREAS, City Staff is recommending to approve and authorize the City 22 Manager to sign the Grant Agreements for the awarded Small Business Support Grant 23 program applicants in the amount of $10,000.00 per applicant for a total of$80,000.00. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and 27 confirmed as being true and correct and are hereby made a specific part of this 28 Resolution upon adoption hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby approve and authorize the City Manager to sign the Grant Agreements for the S:\CC\WP\CCAGENDA\2024\01-16-2024 CC\R24-002 Grant_Agreements_Econornic_Dev_2024=_Reso_V2_.Docx 1 31 awarded Small Business Support Grant program applicants in the amount of$10,000.00 32 per applicant for a total of $80,000.00. Copies of the Grant Agreements are attached 33 hereto and incorporated herein as Exhibits "A" through "H." 34 Section 3. This Resolution will become effective immediately upon passage. 35 PASSED AND ADOPTED this 16th day of January, 2024. 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 ✓ 47 48 Commissioner—Aimee Kelley 1/ 49 50 VOTE 5 `O 51 52 53 ATTEST: 54 55 Aft ew,,iL%'_A OT 56 Tammy Sta ione, CMS Ty P .:.'•'/' 57 Deputy City Clerk May. 58 59 BOY" A'PROVED AS TO FORM: 60 (Corporate Seal) ;', •5,4p TO,y , . fieziatig Qami° 62 � No)� .•(7 i 63 '720 Rgrto: � Shawna G. Lamb •• 64 2Q City Attorney • -1`.-1`.0[?/ )1\.......• 65 ° • 66 �.. . -4 S:\CC\WP\CCAGENDA\2024\01-16-2024 CC\R24-002 Grant_Agreements_Economic_Dev_2024_-_Reso_V2_.Docx 2 CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT THIS AGREEMENT is made this / 1 `day of . /O( by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "City"," and Anzo hereinafter referred to as "Grantee"(each a"Party"and collectively the"Parties"). 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's Small Business Support Grant Program ("Grant Program") provides City funding to support new and existing small businesses to establish or expand their operations within the City,which is beneficial to the local economy;and WHEREAS,the City Commission of the City of Boynton Beach has determined that the use of public funds toward the achievement of such economic development goals constitutes a public purpose;and WHEREAS, the Parties desire to enter into this Agreement to ensure Grantee's performance in accordance with the Grant Program requirements and to support the related expenditure of public funds and secure the public's interest;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. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained,the Parties hereby agree as follows: L GRANT AMOUNT City hereby grants to Grantee the sum of S_10,000_(the"Grant Funds"). All funding is subject to the terms and conditions of this Agreement. IL GRANTEE'S OBLIGATIONS A. Use of Grant Funds. Grantee may utilize the Grant Funds for the following business activities: _ Business Equipment, Interior/Exterior Commercial Property Renovations, and Payroll/Salaries _ (the "Authorized Use"). Failure to expend the Grant Funds in accordance with the Grant Program guidelines and this Agreement shall constitute a breach of this Agreement. B. , :;a :,. , ;. t 4.1, 14►, ' ' u a . Grantee's Authorized Use includes interior and/or exterior improvements to the Property. Grantee agrees to comply with the following: Boynton Beach,Florida (the"Property"). 2. Grantee shall obtain all necessary approvals and permits required to complete the improvements. All permits required for the improvements shall be closed,and the Final Certificate of Occupancy if any, shall be issued no later than April 30 3. Grantee shall maintain the Property improvements in compliance with all City code requirements and in accordance with general property maintenance practices. 4.Grantee shall occupy the Property for a minimum of two(2)years after the date of completion of the improvements. If Grantee ceases occupancy of the Property within the two(2)year period,Grantee shall repay the Grant Funds to City. 5. If Grantee is not the owner of the Property, Grantee shall provide written consent of the property owner,on a form approved by City,prior to or at the time that Grantee submits its request for reimbursement C.New Business Requirements. The Parties agree that Grantee's business has been open and operational in the City for less than one (1)year. Accordingly, Grantee shall provide City with proof that Grantee has completed a minimum of three (3) sessions with a certified small business consultant from the Small Business Development Center at FAU, SCORE Palm Beach County, or the Florida Women's Business Center. Compliance with this section is a condition precedent to City's payment of the Grant Funds. D.Accuracy of Representations. Grantee represents and warrants that all statements and representations made in connection with Grantee's application, or other supporting documents submitted to City in connection with this Grant were true and correct when made and are true and correct as of the date Grantee executes this Agreement,unless otherwise expressly disclosed in writing by Grantee. E. Liability for Performance. 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 any monies paid pursuant to this Agreement F. Adeauate Staffing. 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. G. Compliance with Laws. Grantee and its staff shall possess all licenses and permits required to conduct its business,including federal,state,city,and county licenses and permits. Grantee shall comply with all applicable laws, ordinances, and regulations applicable to Grantee's Authorized Use and use of the Grant Funds. IIL PAYMENT PROCEDURES,CONDITIONS A.DuglardikilisILLQ.Laugnsi. Grant Funds will be paid by the City to the Grantee on a reimbursement basis. Grantee shall provide copies of detailed invoices and receipts or proof of payment by Grantee for all authorized expenses. B.,Submittal Deadline. Grantee shall submit a complete request for reimbursement to the City no later than September 30, 2024 . Failure to submit by the reimbursement submittal deadline may result in termination of this Agreement, revocation of the Grant award,and Grantee being responsible for the C. 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 Grant 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. D. 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. E. In the event the Grantee ceases to exist, or ceases or suspends its operation for any reason,any remaining unpaid portion of the Grant Funds 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. F. Grant 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 after the City's demand. G. 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. H. 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. IV. DEFAULTI'TERMINATION A In the event that a Party fails to comply with the terms of this Agreement, 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 Agreement. The effective date of the termination shall be the date of the notice of termination. V. 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 Agreement shall be submitted to the City,if requested. VL 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 5 reasonable time if no time is specified herein. shall. at the notion of the City without VIL INDEMNIFICATION The Grantee agrees to protect,defend,reimburse,indemnify and hold the City,its agents, employees, and elected officers (collectively, "Indemnified Party") free and harmless at all times from and against any and all claims,liability, expenses, losses,costs, fines and damages of any kind, including attorney's fees, court costs, and expenses, including through the conclusion of any appellate proceedings,and causes of action of every kind and character against and from City,raised or asserted by any person or entity not a party to this Agreement,and caused or alleged to be caused, in whole or in part,by any breach of this Agreement by Grantee,or any intentional,reckless,or negligent act or omission of Grantee, its offers, agents, employees, or agents, arising from, relating to, or in connection with this Agreement(collectively,a"Claim").If any Claim is brought against an Indemnified Party, Grantee shall, upon written notice form City, defend each Indemnified Party with counsel satisfactory to City or, at City's option, pay for an attorney selected by the City to defend the Indemnified Party. If considered necessary by City and the City Attorney,any sums due Grantee under this Agreement may be retained by City until all Claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 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 indemnification 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,employees,or officers. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement,nothing herein is intended to serve as a waiver of sovereign immunity by City nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. This paragraph shall survive the expiration or termination of the Agreement. VIII. AVAILABILITY OF FUNDS This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years,funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four(24)hours'notice to Grantee.The City shall be the sole and final authority as to the availability of funds. IX. 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 exclusively 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. X. 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, XL 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. XII.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. XIII. ENTIRE AGREEMENT The Parties agree that this Agreement sets forth the entire Agreement between the Parties, and that there are nJ 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. XIV.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)742-6014 Facsimile(561)742-6011 with a copy to: Shawna Lamb,City Attorney P.O.Box 310 Boynton Beach,FL 33425 Telephone No.(561)742-6051 Facsimile(561)742-6011 and if sent to the Grantee shall be mailed to(current official address): 970 N Congress Ave,Boynton Beach,Florida VII/ t STOMPS'► •bJTf A110 T'W1,/1 JO A.1pendent Coptraclgi. Grantee is an independent contractor of City,and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In performing the Authorized Uses,neither Grantee nor its agents shall act as officers,employees,or agents of City. Grantee shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. B. &gulag), Cepacity.Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority,the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City's regulatory authority as a governmental body separate and apart from this Agreement,and shall not be attributable in any manner to City as a Party to this Agreement. C. d-Party Beneficiaries. Neither Party intends to primarily or directly benefit a third party by this Agreement.Therefore,the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. D. Assignment_ neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted,or encumbered by Grantee without the prior written consent of City. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective,constitute a breach of this Agreement, and permit City to immediately terminate this Agreement, in addition to any other remedies available to City at law or in equity. City reserves the right to conditioli its approval of any assignment,transfer,encumbrance,or subcontract upon further due diligence. E.Entities of Foreign Comm. Grantee represents and certifies (i)Grantee is not owned by the government of a foreign country of concern;(ii)the government of a foreign country of concern does not have a controlling interest in Grantee; and (iii) Grantee is not organized under the laws of, and does not have its principal place of business in, a foreign country of concern.On or before the date Grantee requests payment of the Grant Funds,Grantee shall submit to City an executed affidavit,under penalty of perjury and in a form approved by City,attesting that Grantee does not meet any of the criteria in section 288.0071(lxd),Florida Statutes.Terms use in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in section 288.0071,Florida Statutes. F. logit Preparation. This Agreement has been jointly prepared by the Parties,and shall not be construed more strictly against either Party. G. 1nl xpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires.Terms such as"herein"refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to"days" means calendar days,unless otherwise expressly stated. Any reference to approval by City shall require approval in writing, unless otherwise expressly stated. H.Eriglily of Provisions.If there is a conflict or inconsistency between any term,statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement,the article or section shall prevail and be given effect. document executed with the same or similar formality as this Agreement and by duly authorized representatives of City and Grantee. D IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year fust above written. CITY OF BOYNTON BEACH GRANTEE By: _ A By:sc.,r,.,d fr 0wrt c---- • int: ., i e IN Print - L` Name: i / _A _ ._ Title: p S ) \ ATTEST: Maylee Je- ,City Clerk, Print Name: ' -v-J I -- S t, [\___1 Title: 01„,-•. v APPRO ass TO LEGAL FORM: (CORPORATE SEAL) AJ(I2 b Office of the City Attorney =�QY N TO ti "40....,•5 , i 0....5RPOR•,.......V 4 r Ci SEAL INCORPORATED: i t . 1920 .. • '‘. CORIDP Jr 11/8/23,4:22 PM Application Evaluation Small Business Support Grant CITY OF BOYNTON BEACH Program Overview BOYNTON CITY OF B E A City of Boynton Beach Small Business Support Grant Program Overview The City of Boynton Beach Small Business Support Grant provides grant funding to help establish new businesses and support the expansion of existing businesses in Boynton Beach. The grant is designed to address the concerns of many small businesses that are unable to obtain capital to finance their business or expansion. The Economic Development Division's mission is to establish a healthy and vibrant local economy by supporting entrepreneurs and small business owners. The Small Business Support Grant will support new businesses during their important first year of operations and help scale operations for existing businesses in Boynton Beach. Total grant funding available per applicant is $10,000. Applicants may use grant funding for multiple eligible uses. https://Ifweb.bbfl.us/Forms/form/approval/c3f96699-2d9e-43f0-a58f-bf47a727263d?hideHeader-true 1/8 11/8/23,4:22 PM Application Evaluation Eligibility Requirements Eligibility Requirements o Business must be located in the City of Boynton Beach city limits o Business must have between 1 and 25 employees with an annual gross revenue of$5,000,000 or less o Applicant must be a for-profit privately held business. Non-profit organizations are NOT eligible for grant funding. o Must be properly licensed by all necessary levels of government and professional associations or agencies, including the City of Boynton Beach Business Tax Receipt (BTR). o Must be located outside of the Boynton Beach Community Redevelopment Agency (BBCRA) district. o New Businesses—must complete (3) sessions with a certified Small Business Administration (SBA) consultant. This can include the Small Business Development Center(SBDC) at FAU, SCORE Palm Beach County, or the Florida Women's Business Center. New Business The business has been in operation in Boynton Beach for one (1) year or less Eligible Uses for New Businesses o Rent Reimbursement(only for new businesses) o Business Equipment o Inventory o Interior/Exterior Commercial Property Renovations—must have at least two (2)years remaining on current lease o Payroll/Salaries o Software/Technology Purchases Existing Business The business has been in operation in Boynton Beach for more than one (1)year. Eligible Uses for Existing Businesses o Business Equipment o Inventory o Interior/Exterior Commercial Property Renovations—must have at least two (2) years remaining on current lease o Payroll/Salaries o Software/Technology Upgrades Eligible Uses for Home-Based Businesses (New and Existing) o Business Equipment o Inventory o Software/Technology Upgrades https://Ifweb.bbfl.us/Forms/form/approval/c3f96699-2d9e-43f0-a58f-bf47a727263d?hideHeader=true 2/8 11/8/23,4:22 PM Application Evaluation The City of Boynton Beach reserves the right to approve or deny any eligible use, in its sole and absolute discretion, if it determines the applicant's selected eligible use does not advance the goals and objectives of the City's Economic Development Division. https://Ifweb.bbfl.us/Forms/form/approval/c3f96699-2d9e-43f0-a58f-bf47a727263d?hideHeader=true 3/8 11/8/23,4:22 PM Application Evaluation Additional Information Required Documents (for all applicants) o W-9 Form (included in the application package if needed) o Copy of active City of Boynton Beach Business Tax Receipt o Copy of Sunbiz Registration Page Additional Required Documents Applying for Rent Reimbursement o Copy of commercial lease agreement- must have at least two (2)years remaining on current lease Applying for Interior/Exterior Commercial Property Renovations o Copy of commercial lease agreement- must have at least two (2)years remaining on current lease o Completed and Signed Acknowledgment Form o Copy of permit or permit application for renovation (if applicable) Applying for Payroll/Salaries o Form 940, Form 944, or most recent payroll statement. Review and Approval Process Once eligibility is verified and all required documentation has been submitted, City staff will review the application. Once verified and staff approved, the application will be placed on the next City Commission Meeting Agenda for final review and City Commission approval. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be found on the City's website at www.boynton-beach.org. The applicant will be notified of the date and time their application will be presented to the City Commission for approval. It is recommended that the 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 the City Commission's decision. Reimbursement Process This program is designed as a reimbursement grant. That is, all costs must be paid for by the applicant prior to the City issuing grant funds. Grant funds will be reimbursed exclusively for approved eligible uses. If the applicant is unable to pay for the eligible use up front, grant funding arrangements may be made to accommodate the need of the business. The following documents are required to submit for reimbursement. Additional documents may be required depending on the eligible use(s) you are applying for: https://ifweb.bbfl.us/Forms/form/approval/c3f96699-2d9e-43f0-a58f-bf47a727263d?hideHeader=true 4/8 11/8/23,4:22 PM Application Evaluation • Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full" o Cancelled check(s) showing the front and back of the cancelled check for work or purchases as part of your reimbursement request. o Other evidence of payment for work or purchases as part of the reimbursement request. Applying for Rent Reimbursement o Copy of check or payment for commercial rent (can be multiple months) Applying for Payroll/Salaries o Form 940, Form 944, or most recent payroll statement(s). *For new business applicants, before grant funds can be released the 3 consultant sessions must be completed and verified. *No cash payments will be accepted as evidence in support of a request for reimbursement. 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. https://Ifweb.bbfl.us/Forms/form/approval/c3f96699-2d9e-43f0-a58f-bf47a727263d?hideHeader=true 5/8 11/8/23,4:22 PM Application Evaluation Application GRANT APPLICATION BUSINESS INFORMATION Boynton Beach anzo Business Name* Business Legal anzo bb Ilc Name (if different than above) Boynton Beach Street Address Business Address* 970 N congress ave Address Line 2 City State/ Province/ Region boynton beach florida Postal/Zip Code Country 33426 USA Business ferdin saleh /owner Owner/Principal Name* Grant Application Ferdin Saleh Contact Person/Title* Phone Number* 5618272771 Email* ferdin.saleh@anzo.com Website www.anzo.com Number of 16 Employees* Type of Business* fast casual restaurant Opening Date of 9/2/2014 Business in Boynton Beach* https://Ifweb.bbfl.us/Forms/form/approval/c3f96699-2d9e-43f0-a58f-bf47a727263d?hideHeader=true 6/8 11/8/23,4:22 PM Application Evaluation PROJECT DESCRIPTION Business Type* Select Business Type before Eligible Uses New Existing Home-Based Eligible Uses Business Equipment (Existing) Inventory Interior/Exterior Commercial Property Renovations— must have at least two (2) years remaining on current lease Payroll/Salaries Software/Technology Purchases Eligible Uses (Home- Business Equipment Based) Inventory Software/Technology Purchases Need and Impact Please provide a detailed description of the need and impact of requested grant funds Description* we need to repair both our ac that has not been working past 6 moths and our combination oven. both repair cost over 13000. we could also use the funds to pay for payroll. Total Cost of $ 13,000.00 Project* Total Requested Maximum grant amount is $10,000 Grant Funds* $ 10,000.00 REQUIRED DOCUMENTS W-9 Form* Upload a copy of a blank W-9 Form. Click the link below. w9.pdf 3.06MB Click here for a blank W-9 form. Business Tax Upload a copy of Boynton Beach Business Tax Receipt Reciept* FILE_9315.pdf 1.31 MB Sunbiz Registration Upload Sunbiz Registraion Page Page* anzo bb Ilc active .pdf 3.52KB Lease Agreement(?) Upload Lease/Rental Agreement Anzo BB Lease Amendment.pdf 1.18MB https://Ifweb.bbfl.us/Forms/form/approval/c3f96699-2d9e-43f0-a58f-bf47a727263d?h ide Header=true 7/8 11/8/23,4:22 PM Application Evaluation Payroll/Salaries Form 940, Form 944 or most recent payroll statement Documents (?) Payrollreportspackage.pdf 22.45KB By signing below, I acknowledge that the contents of the document are true and correct. I acknowledge that I have read and understand all aspects of the grant program application and guidelines. Signature* Application Date* 11/8/2023 Comments Complete Ineligible Missing Documents https://Ifweb.bbfl.us/Forms/form/approval/c3f96699-2d9e-43f0-a58f-bf47a727263d?hideHeader=true 8/8 City of Boynton Beach Certificate of Use/Business Tax Receipt a Expires on September 30, 2024 Business Control Number: 0038463 Business Name: Anzo Bb Llc Date Issued: 10/19/23 Business Location: 970 N Congress Ave 130 Any changes in name, address, suite, ownership, etc. will require a new application. COU/BTR Number Classification Code Classification Additional Information 24-00057956 CU2 CERT OF USE&OCC COMM RESTAURANT USE AND OCCUPANCY 1116. Jr` City of Boynton Beach 100 E. Ocean Ave. • Boynton Beach, FL 33435-0190 City of Boynton Beach Certificate of Use/Business Tax Receipt Expires on September 30, 2024 Business Control Number: 0038463 Business Name: Anzo Bb Llc Date Issued: 10/19/23 Business Location: 970 N Congress Ave 130 Any changes in name, address, suite, ownership, etc. will require a new application. COUIBTR Number Classification Code Classification Additional Information 24-00057957 722110 RESTAURANT CASUAL RESTAURANT WITH SEATING City of Boynton Beach e 100 E. Ocean Ave. • Boynton Beach, FL 33435-0190 1� X' 'i' Ron DeSantis,Governor ` - Melanie S.Griffin,Secretary •1 11 t.` f F I rich r STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS THE SEATING FOOD SERVICE (2010) HEREIN IS LICENSED UNDER THE PROVISI• S OF CHAPTER 509, FLORIDA STATUTES ' NBR.OF SEATS: :.,,, .�- i DAN_ IEL GOCICa-=-j �+ �� :u1 , ��M�I'.� ANZO '7''7 :,01 Co 970 N CONGRESS AVE#130 BOYNTONBEACH j FL 33426 ." r , _ ; ; LICENSE ' b Mg€I'S • •021574 EXPIRATION DATE: DECEMBER 1,2023 Always verify licenses online at MyFloridaLicense.com ❑,•;r., o ISSUED: 11/01/2023 •-2'+' ;•7'., Do not alter this document in any form. ;*. a.t.'!► • o: This is your license. It is unlawful for anyone other than the licensee to use this document. ❑ • • t FIRST AMENDMENT TO LEASE AGREEMENT WITNESS THIS F RST AENDMENT TO- EASE AGREEMENT, made and entered into on this d of 20 / by and between MORGUARD BOYNTON TOWN CENTER INC. ("Landlord"). ANZO BB, LLC, F/K/A SALGOC, LLC la Florida limited liability company) i"Tenant"1 DANIEL GOCIC("Original Guarantor"), and FERDIN SALEH("NEW GUARANTOR") WHEREAS, by Lease Agreement dated September 18 2014. Landlord leased to Tenant certain retail premises located at Boynton Town Center, in the City of Boynton Beach, County of Palm Beach and State of Florida being designated as Unit#K-130 deemed to contain 1.499 square feetfor a term expiring January 31 2020. and which Lease was guaranteed by Daniel Gocic. and NOW,THEREFORE,for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged by the parties the parties agree as follows 1 Recitals The Recitals set forth above are true and correct and are incorporated as if fully set forth herein 2 Definitions Capitalized terms shall have the meanings ascribed to such terms in the Lease unless otherwise defined herein 3 Effective upon the execution of this Agreement Original Guarantor Daniel Gocic, shall be released as Guarantor under the Lease. and Ferdin Saleh shall be the New Guarantor" The Lease is conditioned on Ferdin Saleh's execution of the Guaranty Agreement attached hereto as Exhibit "A" and said Guaranty is a primary inducement for Landlord entering into this Agreement 4 New Guarantor agrees that his liability under the Lease and this Agreement shall be joint and several with Tenant and that with respect to any right of action which shall accrue to Landlord under the Lease or this Agreement Landlord may at its option proceed against New Guarantor without having commenced any action or having obtained any Judgment against Tenant 5 Tenant hereby warrants and represents unto Guarantor that as of the date hereof,it is not in default under any of the obligations imposed on it under the terms of the Lease, that the same is in full force and effect and that all sums due and payable thereunder as of the date hereof have been paid • 6 All notices required or permitted to be given under the Lease or this Agreement shall be deemed to be properly served if sent by registered or certified mail return receipt requested or by a nationally recognized overnight courier service To Landlord Morguard Boynton Town Center Inc c/o Morguard Management Company Inc 2542 Williams Boulevard Kenner LA 70062 Attention t ease Administrator To Tenant To Original Guarantor To New Guarantor Anzo BB. LLC Daniel Gocic Ferdin Saleh 1300 W Industrial Avenue 685 Pacific Grove Drive. Unit#4 1300 West Industrial Avenue Suite 105 West Palm Beach. FL 33401 Suite 105 Boynton Beach FL 33426 Boynton Beach. FL 33426 7 Article 4(b)of the Lease shall be amended so that rental payments to the Landlord shall The Chickpea 3/28/2018 Morguard Boynton Town Center Inc and mailed to Morguard Boynton Town Center Inc P 0 Box 919141 Dallas TX 75391.914' '‘n Qvernant Rta<0tat Peyrrmgnte .l P Morgan Chase(TX1-0029) Morguard Boynton Town Center Inc lockbox 0919141 14800 Frye Road 2n°Floor Ft Worth TX 76155 8 Tenant hereby tenders as check in the amount of$600 00 in payment of admnuslrahve and legal expenses In connectan with its request for Landlord's consent to this Agreement 9 All other ternsconditions and covenants of the original Lease dated September 18,2014, not otherwise modified by title Agreementare hereby reaMrrmed by the parties and shall remain in full force and effect throughout the term of the tease IN WITNESS WHEREOF,the partes nave executed this Agreement in the presence of the urdersigncu WITNESSES MORGUARO 80 • R )WN CONT!'N INC. Sign Here ` tiv \ r �-/ :7 `-r---- Pnrt Name !%2d r C ire Pie. en! ti,it Cor-- "LANDLO.Cr 4.C AN2O BB,LLC Sign nate � — By.. Print Name Name - vL<-- � l /X�' 181" r Sign Here �pFE •TENAA NTT"" Print Name Jrjd yr Yf Sign here Print Name %.iT_ Vel'7rct Gor. Sign Here �/t� � "ORIGINAL GUARANTOR" Print Name ler Sign here `-�( Print Name ••r ' '�'� Ferdfn Salah Sign Nara Print Name ' � .,NEW GUARANTOR. Z, The Chickpea Assignment 301/2018 (LANDLORD'S ACKNOWLEDGMENT) STATE OF LOUISIANA PARISH OF JEFFERSON BEFORE ME. the undersigned Notary Public in and for the Parish and State aforesaid on this day personally appeared John Talano, Vice President, of Morguard Boynton Town Center Inc known to me to be the person and officer whose name is subscribed to the foregoing First Amendmentto Lease Agreement and acknowledged to me that the same was the act of said corporation. and that he executed the same for the purposes and considerations therein expressed by authority of the Board of Directors of the corporation and in the capacity therein stated GIVEfI_WIDER MY HAND AND SElNKt7QA•! • IWY OF i 207`/Z'Sy,/ N THIS U My commission expires At Death 11111• ,L Lr dI it; N �S • . 1 F.R,NOTARY NO.26IDt Ni ff.," l5.I l� p�•prRFC AT DRATH Print Name Commission No/Bar Roll No • (TENANT'S ACKNOWLEDGMENT) STATE OF FLORIDA COUNTY OF ? 'JE A c-!1 BEFORE ME the undersigned Notary Public in and for the County and State aforesaid, on this day personally appeared fec.p1!► 514 A _, (Vice) President. of Anzo BB, LLC. a limited liability company known to me to be the person whose name is subscribed to the foregoing First Amendment to Lease Agreement. and acknowledged to me that the same was the act of said limited liability company. and that he executed the same for the purposes and considerations therein expressed by authority of the Board of Directors of the limited liability company. and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS IS DAY OF PEAK'-LA{ 20 1h . `\`1lllilll''I,, M commission expires •‘ ON JF fe y NOTARY P BLIC �� •�TA�Y�i, �� 0'% if, 201\ (SEAL) y f11 Print Name t?N1LE144 letw �S .; My Comm.Expires Commission No/Bar Roll No CA G� 1 t 5 = gprii 26,2021 = No.GG 9fli 25 (ORIGINAL GUARANTOR'S ACKNOWLEDGMENT) ��j'•,•pUBL�G;'��` STATE OF FLORIDA '/11111110‘. COUNTY OF 1!1/4t-tdI EI�LE{ BEFORE ME the undersigned Notary Public in and for the County and State aforesaid on this day personally appeared Daniel Gocic, known to me to be the person whose name is subscribed to the foregoing First Amendment to Lease Agreement. and acknowledged to me that he executed the same for the purposes and considerations therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS IS DAY OF IA A?-C-N 20 tie, My commission expires _ NOTARY P BLIC 04 • 2b • 202\ Print Name f wv..t to N A t tlk\t15 Commission No./Bar Roll No C3(1'16125 ``Y 111111ION P11', aVAAj MV Comm.Expires�� April 26.2021 t. No.GG 98125 The Chickpea Assignment ���� '�� Q 3/15/2018 3 /,1111�111lI11\``` (NEW GUARANTOR'S ACKNOWLEDGMENT) STATE OF FLORIDA COUNTY OF ALM aE/V.* BEFORE ME the undersigned Notary Public in and for the County and State aforesaid. on this day personally appeared Ferdin Saleh, known to me to be the person whose name is subscribed to the foregoing First Amendment to Lease Agreement and acknowledged to me that he executed the same for the purposes and considerations therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS tS DAY OF M P Lk-1k 20 16_. i My commission expires _ NOTARY P BLIC OL 2b 141\ (SEAL) Print Name QNILEMaJEN ltS Commission No/Bar Roll No GG t `` %11111/gill ,o\`%AO N JFK /i„� Q '• My Comm.Expires ▪ April 26,2021 No.GG 98125 Z • Q •rV• ••0iUB1�G .• O 0. ! ...of Fc. \--• � `' 1,////lflllllll`` The Chickpea Assignment 3/15/2018 4 EXHIBIT"A" GUARANTY AGREEMENT THIS GUARANTY AGREEMENT is made and executed this 15 day of M A,Z.ol1 20 by FERDIN SALEH the 'Guarantor") WITNESSETH WHEREAS ANZO BB, LLC, F/K/A SALGOC, LLC (the 'Tenant-) and Morguard Boynton Town Center Inc. (the "Landlord") entered into that certain Lease Agreement (the "Lease') dated September 18. 2014 for Unit K 130 at Boynton Town Center.and WHEREAS. in order to induce Landlord to enter into the Lease with Tenant. the undersigned Guarantor has agreed to enter into this Guaranty Agreement and NOW, THEREFORE in consideration of and delivery of the Lease by Landlord. and other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged. the Guarantor does hereby agree as follows 1 PERFORMANCE. Guarantor hereby guarantees unconditionally and absolutely. the full and faithful performance and observance of all the covenants. terms, and conditions of the Lease provided to be performed and observed by Tenant expressly including without being limited to the payment when due, of Minimum Rent and additional rent payable under the Lease and the obligation to operate in the leased premises As a continuing Guaranty, this Guaranty shall remain effective following the expiration of the term of the Lease for any provisions of the Lease that remain effective after the termination of the Lease 2 MODIFICATIONS. If the Lease shall be modified in any respect between Landlord and Tenant the obligations hereunder of Guarantor shall extend and apply with respect to the full and faithful performance and observance of the covenants. terms, and conditions of the Lease and any such modification thereof 3 CONTINUING GUARANTY. This Guaranty shall be a continuing Guaranty and the liability of Guarantor hereunder shall in no way be affected modified or diminished by reason of any dealings or transactions or matter or thing occurring between Landlord and Tenant including without limitation. any adjustments compromises. settlements accord and satisfactions, or releases 4 ASSIGNMENT/SUBLEASE. Notwithstanding any assignment of the Lease by Tenant whether contractually or by operation of law or sublease of the leased premises by Tenant. Guarantor shall not be relieved of any of its obligations hereunder for the full and faithful performance arid observance of all the covenants terms. and conditions of the Lease and this Guaranty shall remain in full force and effect 5 EXTENSIONS. If the Lease shall be renewed or its term extended. for any period beyond the date specified in the Lease for the expirations of said term either pursuant to any option granted under the Lease or otherwise or if the Tenant holds over beyond the term of the Lease. the obligations hereunder of Guarantor shall extend and apply with respect to the full and faithful performance and observance of all the covenants terms and conditions of the Lease during any such extension renewal or holding over thereof 6 SUCCESSORS. This Guaranty and all of the terms hereof. shall be binding on Guarantor and its successors assigns and legal representatives and shall inure to the benefit of. and be enforceable by Landlord and its respective successors. transferees and assigns. and any holder of the Lease or any party thereof Furthermore if Landlord sells or assigns the Lease or the Shopping Center in which the leased premises are located then Landlord may assign this Guaranty to such assignee or transferee. which shall thereupon succeed to the rights of Landlord hereunder to the same extent as if the assignee were the original guaranteed party named herein and the same rights shall accrue to each subsequent assignee of this Guaranty 7 NOTICE. Any notice. demand request or other instrument which may be given under this Guaranty shall be delivered or sent by United States certified or registered mail postage prepaid. return receipt requested.or by a nationally recognized overnight carrier and shall be addressed to Landlurd Morguard Boynton Town Center Inc c/o Morguard Management Company Inc Attention Lease Administrator 2542 Williams Boulevard Kenner. LA 70062 Guarantor. Ferdin Saleh 1300 West Industrial Avenue Suite 105 Boynton Beach FL 33426 The Chickpea Assignment 3/15/2018 5 or at such address as either party may designate by written notice However Guarantor does not require notice of Tenants nonpayment nonperformance. or nonobservance of the covenants terms conditions of the Lease Guarantor hereby expressly waives the right to receive such notice 8 GUARANTY OF PAYMENT. Insofar as the payment by Tenant of any sums of money to Landlord is involved. this Guaranty is a guaranty of payment and not of collection. and shall remain in full force and effect until payment in full to Landlord of all sums payable under the Lease Guarantor waives any right to require that any action be brought against Tenant 9 SECURITY DEPOSIT. Guarantor waives any right to require that resort be had to any security deposit or to any other credit in favor of Tenant 10 BANKRUPTCY. Neither Guarantor s obligation to make payment in accordance with the terms of this Guaranty or with respect to the full and faithful performance and observance of all the covenants terms and conditions of the Lease, nor any remedy for the enforcement thereof shall be impaired. modified released, or limited in any way by any impairment modification release, or limitation of the liability of Tenant or its estate in bankruptcy resulting from the operation of any present or future provision of the Bankruptcy Code of the United States or from the decision of any court interpreting the same 11 IN SOLIDO LIABILITY. The liability of Guarantor is coextensive with that of Tenant and the obligation shall be deemed in solido on the part of Tenant and Guarantor Any action may be brought against Guarantor and carried to final judgment either with or without making Tenant a party thereto 12 SUBORDINATION. Until all of Tenant's obligations under the Lease are fully performed Guarantor (a) waives any rights that Guarantor may have against Tenant by reason of one or more payments or acts in compliance with the obligations of Guarantor under this Guaranty. and (b1 subordinates any liability or indebtedness of Tenant held by Guarantor to the obligations of Tenant to Landlord under the Lease 13 PRESCRIPTION. Guarantor waives the benefit of any prescription or statute of limitations affecting Guarantor's liability under this Guaranty 14 APPLICABLE LAW. The laws of the State wherein the leased premises are located shall govern the validity performance and enforcement of the Lease and the Guaranty. and the venue of any litigation between the parties arising under the Lease and the Guaranty shall be the appropriate municipal. state or federal court having jurisdiction over the place where the leased premises is located 15 JURISDICTION. Guarantor hereby consents to the jurisdiction of any competent State or Federal court within the parish/county and state where the leased premises are located, and Jefferson Parish, Louisiana the home office of the Landlord at Landlord's option 16 TRIAL. Guarantor hereby waives the right to trial by jury in any action or proceedings that may hereafter be instituted by Landlord against Guarantor in respect of the Guaranty 17 NO DEFENSE. No set-off, counterclaim reduction or diminution of any obligation or any defense of any kind or nature(other than payment and performance of the guaranteed obligations)which the Guarantor may have or assert against any person shall be available hereunder to, or shall be asserted by the Guarantor against Landlord in any action arising out of the transaction contemplated hereby or out of any of the documents or instruments referred to herein 18 FINANCIAL STATUS. The Guarantor covenants and agrees with Landlord that as long as this Guaranty shall remain in effect, regardless of whether any of the guaranteed obligations shall be unpaid or otherwise unperformed the Guarantor shall provide Landlord such information regarding the condition. financial and otherwise of the Guarantor. as Landlord may reasonably request from time to time 19 REMEDIES No right power, or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right power, or remedy or remedies. and each and every right power and remedy of Landlord pursuant to this Guaranty or the Lease or now or hereafter existing at law or in equity or by statute or otherwise shall, to the extent permitted by law, be cumulative and concurrent and shall be in addition to every other right power. or remedy pursuant to this Guaranty or the Lease or now or hereafter existing at law or in equity or by statute or otherwise and the exercise or commencement of the exercise of Landlord of any one of inure of such rights, powers remedies shall not preclude the simultaneous or later exercise by Landlord of any or all such other rights. powers, or remedies The Guarantor agrees to pay all attorney fees and court costs incurred in enforcing this Guaranty 20 WAIVER. No failure on the part of Landlord to exercise nor any delay in exercising and no course of dealing with respect to any right or remedy hereunder will operate as a waiver thereof The waiver by Landlord of any breach of any term. covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition of any subsequent breach of the same or of any term covenant or condition herein contained No covenant term or condition of this Lease shall be The Chickpea Assignment 3/15/2018 (3 deemed to have been modified or waived by Landlord unless such modification or waiver shall be in writing by Landlord 21 CAPTIONS. The captions section numbers and article numbers appearing in this Guaranty are inserted only as a matter of convenience and in no way define limit construe or describe the scope or intent of such sections or articles of this Guaranty. nor in any way affect this Guaranty 22 PARTIAL INVALIDITY. If any section. clause sentence, word or provisions of this Guaranty or the application thereof to any party or circumstances shall. to any extent be or become invalid or illegal. • and such provision shall thereby become null and void, the remainder of this Guaranty shall not be affected thereby. and each remaining provision of this Guaranty shall be valid and enforceable to the fullest extent permitted by law IN WITNESS WHEREOF the undersigned has caused its hand to be affixed hereto the day and year first written above in the presence of two witnesses WITNESSES: Sign Here / Print Name ` • Ferdin Saleh S S # L:) DL # v'Vl Address 1300 West Industrial Avenue Sign Here ' ;.. Suite 105 Print Name Boynton Beach FL 33426 INDIVIDUAL ACKNOWLEDGMENT • STATE OF FLORIDA COUNTY OF PALM be A'-k BEFORE ME the undersigned Notary Public in and for the Parish (County) and State aforesaid, on this day personally appeared Ferdin Saleh, known to me to be the person whose name is subscribed to the foregoing Guaranty and acknowledged to me that the same was executed as his free and voluntary act for the purposes and considerations therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 5 Y OF M Ni L'r1 ,20 . My commission expires o • 210 2021 N ARY PUBLIC (SEAL) Print Name tEt1LEMON rct'KktIS N ‘• SOJEA,is Ma Q. • My Comm. .:°.°11.2\ p April 26, 02 Np.GG 8125 The Chickpea Assignment 3/15/2018 3:54 .sI ^ I Previous On List Next On List Return to List tomb Ile 111111111 Events Nam ± story Detail by Entity Name Florida Limited Liability Company ANZO BB, LLC Filing Information Document Number L14000140885 FEI/EIN Number 47-1666722 Date Filed 09/02/2014 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 09/05/2023 Principal Address 970 N Congress Ave BOYNTON BEACH, FL 33426 Changed:04/30/2019 Mailing Address 884 Nafa Dr Boca Raton, FL 33487 Changed: 09/05/2023 Registered Agent Name&Address SALEH, FERDIN 884 Nafa Dr Boca Raton, FL 33487 Name Changed:04/25/2017 Address Changed:09/05/2023 Authorized Person(s) Detail Name&Address Title CEO SALEH, FERDIN F 884 Nafa Dr Boca Raton, FL 33487 Annual Reports Report Year Flied Date 2021 02/12/2021 2022 09/05/2023 2023 09/05/2023 Document Images 09/05/2023-REINSTATEMENT i View image In PDF format 02/1212021--ANNUAL REPORT View Image it GDF formal AA r search.sunbiz.org Com' —CITY OF.....-....,BOYNTON B EAC H CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT ACKNOWLEDGEMENT FORM Smal1.11011101Siilamiamm Applicant Business A42-0 Name: Avvao 133 t.t_ Business Address: %7o,/Cay7- - s a.t (30 g yNVv.—.. gccL , rl. List of Improvements: 1 "\-c_..-: .0 .,\?, IA j40-:00.-- ,2 ,. h,%41., . G ret.CI• �b. T;1 -y..).l.kce k.e.J [L.A.,.' - 1 r o Sr51%%-v _M.O , orguard f.:ement X Regional Pry rty Man er Landlord Signature: For Office Use Only City of Boynton Beach Development Department Reviewed by: Date: Requirements: CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT THIS AGREEMENT is made this /? day of srOwo _26 by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "City"," and Americare Wellness LLC hereinafter referred to as "Grantee" (each a "Party"and collectively the"Parties"). 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's Small Business Support Grant Program ("Grant Program") provides City funding to support new and existing small businesses to establish or expand their operations within the City,which is beneficial to the local economy; and WHEREAS, the City Commission of the City of Boynton Beach has determined that the use of public funds toward the achievement of such economic development goals constitutes a public purpose; and WHEREAS, the Parties desire to enter into this Agreement to ensure Grantee's performance in accordance with the Grant Program requirements and to support the related expenditure of public funds and secure the public's interest; 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. NOW, THEREFORE,in consideration of the premises and mutual covenants hereinafter contained,the Parties hereby agree as follows: L GRANT AMOUNT City hereby grants to Grantee the sum of$_10,000_ (the "Grant Funds"). All funding is subject to the terms and conditions of this Agreement. II. GRANTEE'S OBLIGATIONS A. Use of Grant Funds. Grantee may utilize the Grant Funds for the following business activities: _Payroll/Salaries_ (the "Authorized Use"). Failure to expend the Grant Funds in accordance with the Grant Program guidelines and this Agreement shall constitute a breach of this Agreement. Small Business Support Grant Agreement.Rev.Dec.2023 l B. Accuracy of Representations. Grantee represents and warrants that all statements and representations made in connection with Grantee's application, or other supporting documents submitted to City in connection with this Grant were true and correct when made and are true and correct as of the date Grantee executes this Agreement,unless otherwise expressly disclosed in writing by Grantee. C. Liability for Performance. 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 any monies paid pursuant to this Agreement. D. Adequate Staffing. 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. E. Compliance with Laws. Grantee and its staff shall possess all licenses and permits required to conduct its business, including federal, state, city, and county licenses and permits. Grantee shall comply with all applicable laws, ordinances, and regulations applicable to Grantee's Authorized Use and use of the Grant Funds. III. PAYMENT PROCEDURES,CONDITIONS A. Documentation of Expenses. Grant Funds will be paid by the City to the Grantee on a reimbursement basis. Grantee shall provide copies of detailed invoices and receipts or proof of payment by Grantee for all authorized expenses. B. Submittal Deadline. Grantee shall submit a complete request for reimbursement to the City no later than September 30, 2024 . Failure to submit by the reimbursement submittal deadline may result in termination of this Agreement, revocation of the Grant award, and Grantee being responsible for the full cost of the Authorized Use. C. 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 Grant 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. D. 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. Small Business Support Grant Agreement Rev.Dec.2023 2 E. In the event the Grantee ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of the Grant Funds 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. F. Grant 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 after the City's demand. G. 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. H. 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. IV. DEFAULT/TERMINATION A. In the event that a Party falls to comply with the terms of this Agreement,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 (l 0) 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 Agreement. The effective date of the termination shall be the date of the notice of termination. V. 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 Agreement shall be submitted to the City,if requested. VI. 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 Small Business Support Grant Agreement Rev.Dec.2023 3 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. VII. INDEMNIFICATION The Grantee agrees to protect, defend, reimburse, indemnify and hold the City, its agents, employees, and elected officers(collectively,"Indemnified Party")free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages of any kind,including attorney's fees,court costs,and expenses,including through the conclusion of any appellate proceedings, and causes of action of every kind and character against and from City, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Grantee, or any intentional, reckless, or negligent act or omission of Grantee, its offers, agents, employees,or agents, arising from,relating to, or in connection with this Agreement (collectively, a "Claim"). If any Claim is brought against an Indemnified Party, Grantee shall, upon written notice form City, defend each Indemnified Party with counsel satisfactory to City or, at City's option, pay for an attorney selected by the City to defend the Indemnified Party. If considered necessary by City and the City Attorney, any sums due Grantee under this Agreement may be retained by City until all Claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 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 indemnification 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, employees, or officers. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. This paragraph shall survive the expiration or termination of the Agreement. VIII. AVAILABILITY OF FUNDS This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years,funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four(24)hours' notice to Grantee. The City shall be the sole and final authority as to the availability of funds. Small Business Support Grant Agreement Rev.Dec.2023 4 IX. 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 exclusively 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. X. 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. XI. 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. XII. 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. XIII. ENTIRE AGREEMENT The Parties 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. Small Business Support Grant Agreement Rev.Dec.2023 5 XIV.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)742-6014 Facsimile(561) 742-6011 with a copy to: Shawna Lamb, City Attorney P.O. Box 310 Boynton Beach,FL 33425 Telephone No. (561) 742-6051 Facsimile(561)742-6011 and if sent to the Grantee shall be mailed to (current official address): 2828 S. Seacrest Blvd.,Boynton Beach,Florida XV.MISCELLANEOUS TERMS A. Independent Contractor. Grantee is an independent contractor of City, and nothing in this Agreement shall constitute or create a partnership,joint venture, or any other relationship between the Parties. In performing the Authorized Uses, neither Grantee nor its agents shall act as officers,employees,or agents of City. Grantee shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. B. Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity.If City exercises its regulatory authority,the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City's regulatory authority as a governmental body separate and apart from this Agreement, and shall not be attributable in any manner to City as a Party to this Agreement. C. Third-Party Beneficiaries. Neither Party intends to primarily or directly benefit a third party by this Agreement. Therefore,the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. Small Business Support Grant Agreement Rev.Dec.2023 6 D. Assignment. neither this Agreement nor any right or interest in it may be assigned, transferred,subcontracted,or encumbered by Grantee without the prior written consent of City. Any assignment,transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement, and permit City to immediately terminate this Agreement, in addition to any other remedies available to City at law or in equity. City reserves the right to condition its approval of any assignment, transfer, encumbrance, or subcontract upon further due diligence. E. Entities of Foreign Concern. Grantee represents and certifies(i) Grantee is not owned by the government of a foreign country of concern; (ii)the government of a foreign country of concern does not have a controlling interest in Grantee; and (iii) Grantee is not organized under the laws of,and does not have its principal place of business in,a foreign country of concern. On or before the date Grantee requests payment of the Grant Funds, Grantee shall submit to City an executed affidavit, under penalty of perjury and in a form approved by City, attesting that Grantee does not meet any of the criteria in section 288.007I(1)(d), Florida Statutes. Terms use in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in section 288.0071, Florida Statutes. F. Joint Preparation. This Agreement has been jointly prepared by the Parties, and shall not be construed more strictly against either Party. G. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein" refer to this Agreement as a whole and not to any particular sentence, paragraph,or section where they appear,unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to "days" means calendar days, unless otherwise expressly stated. Any reference to approval by City shall require approval in writing,unless otherwise expressly stated. H. Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement,the article or section shall prevail and be given effect. 1. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of City and Grantee. Small Business Support Grant Agreement Rev.Dec.2023 7 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. CITY OF BOYNTON BEACH GRANTEE A4Alat,V4st wealltS.s '.C-E. By: - By: Pri. • ,-,/, ie 1�_��' Print: AI t — d tit o S kw/71 b Name: ea '.IF' Title: C e 0 A r 1 : A Alt'EST: t I: - Maylee I e ' . •us, City C k Print Name: Title: APPRO I AS TO LEGAL FORM: (CORPORATE SEAL) "Ataeg J. dirna6 Office of the City Attorney _';.•B."A, %I (5. Qc ••i 473 I i O:()C..3 )�c�P��O .it.-. 0 ''i, • r �� '-.7 Small Business Support Grant Agreement Rev.Dec_2023 8 11/13/23, 1:21 PM Application Evaluation Small Business Support Grant CITY OF BOYNTON BEACH Program Overview CITY OF BOYNTON B E A H City of Boynton Beach Small Business Support Grant Program Overview The City of Boynton Beach Small Business Support Grant provides grant funding to help establish new businesses and support the expansion of existing businesses in Boynton Beach. The grant is designed to address the concerns of many small businesses that are unable to obtain capital to finance their business or expansion. The Economic Development Division's mission is to establish a healthy and vibrant local economy by supporting entrepreneurs and small business owners. The Small Business Support Grant will support new businesses during their important first year of operations and help scale operations for existing businesses in Boynton Beach. Total grant funding available per applicant is $10,000.Applicants may use grant funding for multiple eligible uses. https://Ifweb.bbfl.us/Forms/form/approval/ca61107c-fca2-44e4-94a7-el58bdd48f14 1/8 11/13/23, 1:21 PM Application Evaluation Eligibility Requirements Eligibility Requirements o Business must be located in the City of Boynton Beach city limits o Business must have between 1 and 25 employees with an annual gross revenue of$5,000,000 or less o Applicant must be a for-profit privately held business. Non-profit organizations are NOT eligible for grant funding. o Must be properly licensed by all necessary levels of government and professional associations or agencies, including the City of Boynton Beach Business Tax Receipt (BTR). o Must be located outside of the Boynton Beach Community Redevelopment Agency (BBCRA) district. o New Businesses — must complete (3) sessions with a certified Small Business Administration (SBA) consultant. This can include the Small Business Development Center (SBDC) at FAU, SCORE Palm Beach County, or the Florida Women's Business Center. New Business The business has been in operation in Boynton Beach for one (1) year or less Eligible Uses for New Businesses o Rent Reimbursement (only for new businesses) o Business Equipment o Inventory o Interior/Exterior Commercial Property Renovations—must have at least two (2) years remaining on current lease o Payroll/Salaries o Software/Technology Purchases Existing Business The business has been in operation in Boynton Beach for more than one (1) year. Eligible Uses for Existing Businesses • Business Equipment o Inventory o Interior/Exterior Commercial Property Renovations— must have at least two (2) years remaining on current lease o Payroll/Salaries o Software/Technology Upgrades Eligible Uses for Home-Based Businesses (New and Existing) • Business Equipment o Inventory o Software/Technology Upgrades https://Ifweb.bbfl.us/Forms/form/approval/ca61107c-fca2-44e4-94a7-el58bdd48f14 2/8 11/13/23, 1:21 PM Application Evaluation The City of Boynton Beach reserves the right to approve or deny any eligible use, in its sole and absolute discretion, if it determines the applicant's selected eligible use does not advance the goals and objectives of the City's Economic Development Division. https://Ifweb.bbfl.us/Forms/form/approval/ca61107c-fca2-44e4-94a7-e158bdd48f14 3/8 11/13/23,1:21 PM Application Evaluation Additional Information Required Documents (for all applicants) o W-9 Form (included in the application package if needed) o Copy of active City of Boynton Beach Business Tax Receipt o Copy of Sunbiz Registration Page Additional Required Documents Applying for Rent Reimbursement o Copy of commercial lease agreement- must have at least two (2)years remaining on current lease Applying for Interior/Exterior Commercial Property Renovations o Copy of commercial lease agreement- must have at least two (2)years remaining on current lease o Completed and Signed Acknowledgment Form o Copy of permit or permit application for renovation (if applicable) Applying for Payroll/Salaries o Form 940, Form 944, or most recent payroll statement. Review and Approval Process Once eligibility is verified and all required documentation has been submitted, City staff will review the application. Once verified and staff approved, the application will be placed on the next City Commission Meeting Agenda for final review and City Commission approval. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be found on the City's website at www.boynton-beach.org. The applicant will be notified of the date and time their application will be presented to the City Commission for approval. It is recommended that the 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 the City Commission's decision. Reimbursement Process This program is designed as a reimbursement grant. That is, all costs must be paid for by the applicant prior to the City issuing grant funds. Grant funds will be reimbursed exclusively for approved eligible uses. If the applicant is unable to pay for the eligible use up front, grant funding arrangements may be made to accommodate the need of the business. The following documents are required to submit for reimbursement. Additional documents may be required depending on the eligible use(s)you are applying for: https://lfweb.bbfl.us/Forms/form/approval/ca61107c-fca2-44e4-94a7-e 158bdd48f14 4/8 11/13/23, 1:21 PM Application Evaluation o Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full" • Cancelled check(s) showing the front and back of the cancelled check for work or purchases as part of your reimbursement request. o Other evidence of payment for work or purchases as part of the reimbursement request. Applying for Rent Reimbursement o Copy of check or payment for commercial rent (can be multiple months) Applying for Payroll/Salaries o Form 940, Form 944, or most recent payroll statement(s). *For new business applicants, before grant funds can be released the 3 consultant sessions must be completed and verified. *No cash payments will be accepted as evidence in support of a request for reimbursement. 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. https://lfweb.bbfl.us/Forms/form/approval/ca61107c-fca2-44e4-94a7-e 158bdd48f 14 5/8 11/13/23, 1:21 PM Application Evaluation Application GRANT APPLICATION BUSINESS INFORMATION Boynton Beach Americare Wellness, LLC. Business Name* Business Legal Name (if different than above) Boynton Beach Street Address Business Address* 2828 S. Seacrest Blvd. Address Line 2 Suite 213 City State/ Province/ Region Boynton Beach FL Postal/Zip Code Country 33435 USA Business Medinvest Partners, LLC I Americare Home Owner/Principal Health Care, LLC Name* Grant Application Antonio Carlos Alves dos Santos Jr. Contact Person/Title* Phone Number* 561-503-1670 Email* asantos@awclinics.com Website www.awclinics.com Number of 5 Employees* Type of Business* Health Care Clinic https://Ifweb.bbfl.us/Forms/form/approval/ca61107c-fca2-44e4-94a7-el 58bdd48f14 6/8 11/13/23, 1:21 PM Application Evaluation Opening Date of 7/26/2016 Business in Boynton Beach* PROJECT DESCRIPTION Business Type* Select Business Type before Eligible Uses New Existing Home-Based Eligible Uses Business Equipment (Existing) Inventory Interior/Exterior Commercial Property Renovations— must have at least two (2) years remaining on current lease Payroll/Salaries Software/Technology Purchases Eligible Uses (Home- Business Equipment Based) Inventory Software/Technology Purchases Need and Impact Please provide a detailed description of the need and impact of requested grant funds Description* Funds intended to support the growth of our new telehealth program and expand our house call service lines. Total Cost of $ 10,000.00 Project* Total Requested Maximum grant amount is$10,000 Grant Funds* $ 10,000.00 REQUIRED DOCUMENTS W-9 Form* Upload a copy of a blank W-9 Form. Click the link below. W9 -Americare Wellness LLC (Signed 11.13.2023).pdf 839.8KB Click here for a blank W-9 form. Business Tax Upload a copy of Boynton Beach Business Tax Receipt Reciept* BTR -Americare Wellness LLC (Signed 11.13.2023).pdf 176.74KB Sunbiz Registration Upload Sunbiz Registraion Page Page* Sunbiz -Americare Wellness LLC.pdf 204.11 KB https://Ifweb.bbfl.us/Forms/form/approval/ca61107c-fca2-44e4-94a7-e 158bdd48f14 7/8 11/13/23, 1:21 PM Application Evaluation Payroll/Salaries Form 940, Form 944 or most recent payroll statement Documents (?) Americare Wellness - 940.pdf 211.89KB Americare Wellness -941.pdf 537.68KB By signing below, I acknowledge that the contents of the document are true and correct. acknowledge that I have read and understand all aspects of the grant program application and guidelines. Signature* 1- to (air/rN()O#tt,div c5N4ree.•, Application Date* 11/13/2023 Comments Complete Ineligible Missing Documents https://Ifweb.bbfl.us/Forms/form/approval/ca61107c-fca2-44e4-94a7-e158bdd48f14 8/8 City of Boynton Beach Certificate of Use/Business Tax Receipt Expires on September 30, 2024 Business Control Number: 0033130 Business Name: Americare Wellness Llc Date Issued: 09/29/23 Business Location: 2828 S Seacrest Blvd 213 Any changes in name, address, suite, ownership, etc. will require a new application. COUIXTi Astisni irCt sitication Codi- Ctasslt'ic>3ait+oii ,71.7.n-: .i,,.;R,,,,. it 1'i"ii affil -rrt.-," .:`ew 24-00040550 622110 GENERAL MEDICAL&SURGICAL CENTERS MEDICAL PRACTICE 0- City of Boynton Beach 100 E. Ocean Ave. • Boynton Beach, FL 33435-0190 Request for Taxpayer Give Form to the F°"rn W.9 Identification Number and Certificationre qnester.Do not (Rev.October 2018) send to the IRS. Department of the Treasury Internal Revenue Service i Go to www.irs.gov/FormW9 for instructions and the latest Information. 1 Name(as shown on your Income tax return).Name is required on this line;do not leave this line blank. AMERICARE WELLNESS, LLC 2 Business name/disregarded entity name,if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to following seven boxes. certain entities,not individuals;see instructions on page 3): 8 ❑ IndividuaVsoie proprietor or 0 C Corporation 0 S Corporation 0 Partnership 0 Trust estate • Csingle-member LLC Exempt payee code(W any) ❑Q Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)! P Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting tLLC if the LLC is classified at a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) a — another LLC that Is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LW that Is disregarded from the owner should check the appropriate box for the tax classification of its owner. u ❑ Other(see instructions)OP (MPIs to accounts maintained outside the U.S.) tRa 5 Address(number,street,arid apt,or suite no.)See instructions, Requester's name and address(optional) 2828 S. SEACREST BLVD., SUITE 213 6 Ctty,state,and ZIP code BOYNTON BEACH, FL 33435 7 List account numbers)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number‘SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later, For other - - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN, later. or Note:if the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for gu.delines on whose number to enter. -� 3 5 - 2 5 6 8 7 7 4 Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. I am a U.S.citizen or other U.S. person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an Individual retirement arrangement ORA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign signature of Here U.S.persons. Date► /� ,/ o/2 Z 3 •Form 1099-DIV(dividends,including those from stocks or mutual General Instructions funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments • Form 1099-13(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FomtW9. • Form 1099-S(proceeds from real estate transactions) Purpose of Form • Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file art •Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(ill)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return. Examples of Information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 fo the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) 11/13/23,12:50 PM Detail by Entity Name DIVISION OF CORPORATIONS 1 )i''/!:11x11 of Sorg r'10 t\fli rut official 5ta a of"With)wet/silt Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company AMERICARE WELLNESS, LLC. Filing Information Document Number L16000139989 FEI/EIN Number 35-2568774 Date Filed 07/26/2016 Effective Date 07/26/2016 State FL Status ACTIVE Principal Address 2828 SOUTH SEACREST BOULEVARD SUITE 213 BOYNTON BEACH, FL 33435-7944 Changed: 12/14/2016 Mailing Address 2828 SOUTH SEACREST BOULEVARD SUITE 213 BOYNTON BEACH, FL 33435-7944 Changed: 12/14/2016 Registered Agent Name&Address ALVES DOS SANTOS,ANTONIO C, JR. 2828 SOUTH SEACREST BOULEVARD SUITE 213 BOYNTON BEACH, FL 33435-7944 Address Changed: 04/12/2018 Authorized Person(s) Detail Name &Address Title MGR MEDINVEST PARTNERS, LLC. 2828 S SEACREST BLVD SUITE 213 BOYNTON BEACH, FL 33435 https://search sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=AMERICARE WELL... 1/2 11/13/23,12:50 PM Detail by Entity Name Title MGR AMERICARE HOME HEALTH CARE, LLC. 777 EAST ATLANTIC AVENUE, SUITE 200 DELRAY BEACH, FL 33483 Annual Reports Report Year Filed Date 2021 04/27/2021 2022 04/29/2022 2023 04/24/2023 Document Images 04/24/2023--ANNUAL REPORT View image in PDF format 04/29/2022--ANNUAL REPORT View image in PDF format 04/27/2021 --ANNUAL REPORT View image in PDF format 06/26/2020--ANNUAL REPORT View image in PDF format 04/25/2019--ANNUAL REPORT View image in PDF format 04/26/2018--AMENDED ANNUAL REPORT View image in PDF format 04/12/2018--ANNUAL REPORT View image in PDF format 04/18/2017--ANNUAL REPORT View image in PDF format 07/26/2016--Florida Limited Liability View image in PDF format Florida Department of State,Division of Corporations haps://search sunbiz.org/Inqui ry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=AMERICAREWELL... 2/2 C./ CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT , THIS AGREEMENT is made the ')M day of )4f(j04_''' , 202 V , by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as pity and_ Ocean Ridge Arthritis Associates PA hereinafter referred to as '`Grantee'' (each a"Party" and collectively the "Parties"). a \Se & (_.LC /J bun ,, /,/,� WITNESSETH: WHEREAS,it is the policy of the City to stimulate and encourage economic growth within J \the City's municipal boundaries; and j,/; WHEREAS, The City's Small Business Support Grant Program ("Grant Program") provides City funding to support new and existing small businesses to establish or expand their operations within the City, which is beneficial to the local economy; and WHEREAS, the City Commission of the City of Boynton Beach has determined that the use of public funds toward the achievement of such economic development goals constitutes a public purpose; and WHEREAS, the Parties desire to enter into this Agreement to ensure Grantee's performance in accordance with the Grant Program requirements and to support the related expenditure of public funds and secure the public's interest; 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. NOW,THEREFORE, in consideration of the premises and mutual covenants hereinafter contained,the Parties hereby agree as follows: 1. GRANT AMOUNT City hereby grants to Grantee the sum of$_10,000_ (the "Grant Funds"). All funding is subject to the terms and conditions of this Agreement. H. GRANTEE'S OBLIGATIONS A. Use of Grant Funds. Grantee may utilize the Grant Funds for the following business activities:_Interior/Exterior Commercial Property Renovations and Payroll/Salaries_(the Small Business Support Grant Agreement Rev. Dec.2023 1 "Authorized Use"). Failure to expend the Grant Funds in accordance with the Grant Program guidelines and this Agreement shall constitute a breach of this Agreement. B. Interior and Exterior Building Improvements. Grantee's Authorized Use includes interior and/or exterior improvements to the Property. Grantee agrees to comply with the following: 1. Grantee shall utilize all or a portion of the Grant Funds to complete interior and exterior renovations to the property located at: 1880 North Congress Ave , Boynton Beach, Florida (the "Property"). 2. Grantee shall obtain all necessary approvals and permits required to complete the improvements. All permits required for the improvements shall be closed, and the Final Certificate of Occupancy if any, shall be issued no later than April 30 3. Grantee shall maintain the Property improvements in compliance with all City code requirements and in accordance with general property maintenance practices. 4. Grantee shall occupy the Property for a minimum of two (2) years after the date of completion of the improvements. If Grantee ceases occupancy of the Property within the two (2) year period, Grantee shall repay the Grant Funds to City. 5. If Grantee is not the owner of the Property, Grantee shall provide written consent of the property owner, on a form approved by City, prior to or at the time that Grantee submits its request for reimbursement. C. New Business Requirements. The Parties agree that Grantee's business has been open and operational in the City for less than one (1) year. Accordingly, Grantee shall provide City with proof that Grantee has completed a minimum of three (3) sessions with a certified small business consultant from the Small Business Development Center at FAU,SCORE Palm Beach County,or the Florida Women's Business Center. Compliance with this section is a condition precedent to City's payment of the Grant Funds. D. Accuracy of Representations. Grantee represents and warrants that all statements and representations made in connection with Grantee's application, or other supporting documents submitted to City in connection with this Grant were true and correct when made and are true and correct as of the date Grantee executes this Agreement, unless otherwise expressly disclosed in writing by Grantee. E. Liability for Performance. Grantee agrees that it is solely liable to the City for performance under this Agreement, and that, in the event of default as solely Small Business Support Grant Agreement Rev. Dec.2023 2 determined by the City, Grantee will, as more specifically set forth herein, refund to the City any monies paid pursuant to this Agreement. F. Adequate Staffing. 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. G. Compliance with Laws. Grantee and its staff shall possess all licenses and permits required to conduct its business, including federal, state, city, and county licenses and permits. Grantee shall comply with all applicable laws, ordinances, and regulations applicable to Grantee's Authorized Use and use of the Grant Funds. III. PAYMENT PROCEDURES, CONDITIONS A. Documentation of Expenses. Grant Funds will be paid by the City to the Grantee on a reimbursement basis. Grantee shall provide copies of detailed invoices and receipts or proof of payment by Grantee for all authorized expenses. B. Submittal Deadline. Grantee shall submit a complete request for reimbursement to the City no later than September 30, 2024 . Failure to submit by the reimbursement submittal deadline may result in termination of this Agreement, revocation of the Grant award, and Grantee being responsible for the full cost of the Authorized Use. C. 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 Grant 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. D. 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. E. In the event the Grantee ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of the Grant Funds 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. Small Business Support Grant Agreement Rev. Dec.2023 3 F. Grant 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 after the City's demand. G. 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. H. 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. IV. DEFAULT/TERMINATION A. In the event that a Party fails to comply with the terms of this Agreement, 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 Agreement. The effective date of the termination shall be the date of the notice of termination. V. 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 Agreement shall be submitted to the City, if requested. VI. 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. VII. INDEMNIFICATION The Grantee agrees to protect, defend, reimburse, indemnify and hold the City, its agents, employees, and elected officers (collectively, "Indemnified Party") free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and Small Business Support Grant Agreement Rev. Dec.2023 4 damages of any kind,including attorney's fees,court costs,and expenses,including through the conclusion of any appellate proceedings, and causes of action of every kind and character against and from City, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Grantee, or any intentional, reckless, or negligent act or omission of Grantee, its offers, agents, employees,or agents, arising from, relating to, or in connection with this Agreement (collectively, a "Claim"). If any Claim is brought against an Indenmified Party, Grantee shall, upon written notice form City, defend each Indemnified Party with counsel satisfactory to City or, at City's option, pay for an attorney selected by the City to defend the Indemnified Party. If considered necessary by City and the City Attorney, any sums due Grantee under this Agreement may be retained by City until all Claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 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 indemnification and hold harmless misconduct of the City, its respective agents, employees, or officers. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. This paragraph shall survive the expiration or termination of the Agreement. VIII. AVAILABILITY OF FUNDS This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four(24) hours' notice to Grantee. The City shall be the sole and final authority as to the availability of funds. IX. 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 exclusively in Palm Beach County. No remedy herein conferred upon any Party is intended to he 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 Small Business Support Grant Agreement Rev. Dec.2023 5 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. X. 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. XI. 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. XII. 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. XIII. ENTIRE AGREEMENT The Parties 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. XIV. 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 Small Business Support Grant Agreement Rev. Dec.2023 6 Boynton Beach, FL 33425 Telephone No. (561) 742-6014 Facsimile (561) 742-6011 with a copy to: Shawna Lamb, City Attorney P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6051 Facsimile (561) 742-6011 and if sent to the Grantee shall be mailed to (current official address): 1880 North Congress Ave, Boynton Beach, Florida XV. MISCELLANEOUS TERMS A. Independent Contractor. Grantee is an independent contractor of City, and nothing in this Agreement shall constitute or create a partnership,joint venture, or any other relationship between the Parties. In performing the Authorized Uses, neither Grantee nor its agents shall act as officers, employees, or agents of City. Grantee shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. B. Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City's regulatory authority as a governmental body separate and apart from this Agreement, and shall not be attributable in any manner to City as a Party to this Agreement. C. Third-Party Beneficiaries. Neither Party intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. D. Assignment. neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted,or encumbered by Grantee without the prior written consent of City. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement, and permit City to immediately terminate this Agreement,in addition to any other remedies available to City at law or in equity. City reserves the right to condition its approval of any assignment, transfer, encumbrance, or subcontract upon further due diligence. Small Business Support Grant Agreement Rev. Dec.2023 7 E. Entities of Foreign Concern. Grantee represents and certifies (i) Grantee is not owned by the government of a foreign country of concern; (ii)the government of a foreign country of concern does not have a controlling interest in Grantee; and (iii) Grantee is not organized under the laws of, and does not have its principal place of business in, a foreign country of concern. On or before the date Grantee requests payment of the Grant Funds, Grantee shall submit to City an executed affidavit, under penalty of perjury and in a form approved by City, attesting that Grantee does not meet any of the criteria in section 288.0071(1)(d), Florida Statutes. Terms use in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in section 288.0071, Florida Statutes. F. Joint Preparation. This Agreement has been jointly prepared by the Parties, and shall not be construed more strictly against either Party. G. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein" refer to this Agreement as a whole and not to any particular sentence,paragraph,or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to "days" means calendar days, unless otherwise expressly stated. Any reference to approval by City shall require approval in writing,unless otherwise expressly stated. H. Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. I. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of City and Grantee. Small Business Support Grant Agreement Rev. Dec.2023 8 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. CITY OF BOYNTON BEACH GRANTEE 1 ,-o Ui LVA.. J-1.) 1N1)-- By: AN lBy: Pri . i, �_ 1' =Print: \, C�>)Z.c�✓J0,r ,c.•'V-- Name: C✓I , TitleIP yr P--6 ivi L L-c.. 0 C £tit i- .� A r : A ig ,egi,- ATTEST: '44)1 /1" kl ( .....„-- Mayle- 0-Jesus, City ' erk Print Name: 06-- 1 Title: APPRO - a AS TO LEGAL FORM: ,L-k-r (CORPORATE SEAL) aha 2 Almh Office of the City Attorney s\ I` r��N. SEAL •INCORPORATED: 5 t. ..• 1920 ,: �``. FLORIOP Small Business Support Grant Agreement Rev. Dec.2023 9 2023 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT#L06000065430 Jan 28,2023 Entity Name:RBM,LLC Secretary of State 1539084386CC Current Principal Place of Business: 4075 ARTHUTIUM AVE LANTANA. FL 33462 Current Mailing Address: 4075 ARTHUTIUM AVE LANTANA, FL 33462 US FEI Number:03-0538230 Certificate of Status Desired: No Name and Address of Current Registered Rent: • STARKMAN,075AHOPE 4075ANA,FL UM AVE -7 LANTANA.FL 33462 US / The stove named enfdy submits this beeremt tot tlro pow.Of charging rogfalered aagentte oar.,or registered or 4t,.t,„„,L Fonda SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s)Detail: Title MGRM Name STARKMAN.HOPE Address 4075 ARTHURIJM AVE Cty-StateZip LANTANA FL 33462 �rwwuq sonar rro:d au,k-eatare on to nova 0 6.1.me amrar aril OW,.wrnv;espr,we at.00.56.cam,Ygr.sc+e.amad*water 0511,Poi ramamoo",,sorer or,naagm a oro ereads.emyamp.rrcrew Newer ora+ne..w.a.eute.ota 5150 mown as.a..e.yO C.F.zee.060*Ssa...s..d a...emirs neoe.or an an 05acnsry.an a am.r...o w.....a. SIGNATURE:HOPE STARKMAN ML)OWNER 01/282023 Electronic Signature of Signing Authorized Person(s)Detail Date 2923 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#P00000010131 Jan 28,2023 Entity Name:OCEAN RIDGE ARTHRITIS ASSOCIATES,P.A. Secretary of State Current Principal Place of Business: 8425705959CC 1880 N.CONGRESS AVE 320 BOYNTON BEACH, FL 33438 Current Mailing Address: 1880 N.CONGRESS AVE 320 BOYNTON BEACH, FL 33436 FEI Number:65-0983695 Certificate of Status Desired: No Name and Address of Current Registered Agent: STARKMAN,HOPE M 4075 ARTHURIUM AVE LAKE WORTH,FL 33462 US 7n nbrrve narrab Grady rubm's mrs a4denierd for Ue pwyase ordwging ih rep 'o�nd dgenf.or boM to.in c Slate.of Fiore. SIGNATURE: /q r V V Ek.hor+:c Signature of Registered Agent 1 Dale Officer/Director Detail: Tide MD 1W MD Name STARKMAN,HOPE Name STARKMAN,HOPE Address 4075 ARTHURIUM AVE Address 1880 NO.CONGRESS AVE SUITE 320 City-State-Zip: LAKE WORTH FL 33462 City-State-Zip: BOYNTON BEACH FL 33436 Title MD Name STARKMAN.HOPE Address 2823 SOUTH SEAC.'HEST BLVD#210 Crty-State-Zip: BOYNTON BEACH FL 33435 Hwel.am7uaddo„Amo,,:.,.rmtanMi.,r0meartar=xnenr wort se and won=aOewrmrr.ma*rw.twBMA Mr.n.seem,AOaffect as'nude under n.M:mime on ofrhww P'rydw fa awoeo or ma rnaMwry 5, o.nqc...deby Cn.ata'007.Florida SLAaoe.d dud wry num arse.. SOacman an=WmM wdh sd dt O5,.flawed. SIGNATURE:HOPE STARKMAN MD OWNER 01/28/2023 Electronic Signature of Signing Officer/Director Detail Date 12/21/23, 2:10 PM Detail by Officer/Registered Agent Name DIVISION OF CORPORATIONS org Department of State / Division of Corporati n / ea ch Records / Search by Officerliegis red Egent Nara' / Detail by Officer/Registered Agent Name Florida Profit Corporation RHEUMATOLOGY AND ARTHRITIS UTILIZATION AND MANAGEMENT PEER REVIEWS, P.A. Filing Information Document Number P23000080282 FEI/EIN Number NONE Date Filed 11/14/2023 State FL Status ACTIVE Principal Address haps://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?Inquirytype=0fficerRegisteredAgentName&directionType=initial&searchNam... 1/3 12/21/23,2:10 PM Detail by Officer/Registered Agent Name 4075 ARTHURIUM AVENUE LAKE WORTH, FL 33462 Mailing Address 4075 ARTHURIUM AVENUE LAKE WORTH, FL 33462 Regtsere Agent Name&Address STARKMAN, HOPE 4075 ARTHURIUM AVENUE LAKE WORTH, FL 33462 OfficerlPirector Detail Name &Address Title P STARKMAN, HOPE 4075 ARTHURIUM AVENUE LAKE WORTH, FL 33462 Annual Reports No Annual Reports Filed Document Irrlage https://search.sunblz.org/Inquiry/CorporationSearch/SearchResultDetall?i nqui rytype=0fficerRegisteredAgentName&directionType=ln itlal&searchNam... 2/3 12/21/23,2:10 PM Detail by Officer/Registered Agent Name 11/14/2023--Domestic Profit View image in PDF format https://search.su nbiz.org/Inquiry/Corporation Search/SearchResultDetail?inqu irytype=OfficerRegisteredAgentName&d irectionType=lnitial&searchNam... 3/3 11/9/23, 11:18AM Application Evaluation Small Business Support Grant CITY OF OYNTON tBEACH Program Overview BOYNTON CITY OF E A City of Boynton Beach Small Business Support Grant Program Overview The City of Boynton Beach Small Business Support Grant provides grant funding to help establish new businesses and support the expansion of existing businesses in Boynton Beach. The grant is designed to address the concerns of many small businesses that are unable to obtain capital to finance their business or expansion. The Economic Development Division's mission is to establish a healthy and vibrant local economy by supporting entrepreneurs and small business owners. The Small Business Support Grant will support new businesses during their important first year of operations and help scale operations for existing businesses in Boynton Beach. Total grant funding available per applicant is $10,000.Applicants may use grant funding for multiple eligible uses. https://Ifweb.bbfl.us/Forms/form/approval/e726d 1 e5-5da2-4210-ba92-a81 bb9b003b3?hideHeader=true 1/9 11/9/23, 11:18AM Application Evaluation Eligibility Requirements Eligibility Requirements o Business must be located in the City of Boynton Beach city limits o Business must have between 1 and 25 employees with an annual gross revenue of$5,000,000 or less o Applicant must be a for-profit privately held business. Non-profit organizations are NOT eligible for grant funding. o Must be properly licensed by all necessary levels of government and professional associations or agencies, including the City of Boynton Beach Business Tax Receipt (BTR). o Must be located outside of the Boynton Beach Community Redevelopment Agency (BBCRA) district. o New Businesses— must complete (3) sessions with a certified Small Business Administration (SBA) consultant. This can include the Small Business Development Center (SBDC) at FAU, SCORE Palm Beach County, or the Florida Women's Business Center. New Business The business has been in operation in Boynton Beach for one (1) year or less Eligible Uses for New Businesses o Rent Reimbursement (only for new businesses) o Business Equipment o Inventory o Interior/Exterior Commercial Property Renovations—must have at least two (2) years remaining on current lease o Payroll/Salaries o Software/Technology Purchases Existing Business The business has been in operation in Boynton Beach for more than one (1) year. Eligible Uses for Existing Businesses • Business Equipment o Inventory o Interior/Exterior Commercial Property Renovations — must have at least two (2) years remaining on current lease o Payroll/Salaries o Software/Technology Upgrades Eligible Uses for Home-Based Businesses (New and Existing) a Business Equipment o Inventory o Software/Technology Upgrades https://Ifweb.bbfl.us/Forms/form/approval/e726d1e5-5da2-4210-ba92-a81 bb9b003b3?hideHeader=true 2/9 11/9/23, 11:18AM Application Evaluation The City of Boynton Beach reserves the right to approve or deny any eligible use, in its sole and absolute discretion, if it determines the applicant's selected eligible use does not advance the goals and objectives of the City's Economic Development Division. https://Ifweb.bbfl.us/Forms/form/approval/e726d1 e5-5da2-4210-ba92-a81 bb9b003b3?hideHeader=true 3/9 11/9/23, 11:18 AM Application Evaluation Additional Information Required Documents (for all applicants) o W-9 Form (included in the application package if needed) o Copy of active City of Boynton Beach Business Tax Receipt o Copy of Sunbiz Registration Page Additional Required Documents Applying for Rent Reimbursement o Copy of commercial lease agreement- must have at least two (2)years remaining on current lease Applying for Interior/Exterior Commercial Property Renovations o Copy of commercial lease agreement- must have at least two (2)years remaining on current lease o Completed and Signed Acknowledgment Form o Copy of permit or permit application for renovation (if applicable) Applying for Payroll/Salaries o Form 940, Form 944, or most recent payroll statement. Review and Approval Process Once eligibility is verified and all required documentation has been submitted, City staff will review the application. Once verified and staff approved, the application will be placed on the next City Commission Meeting Agenda for final review and City Commission approval. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be found on the City's website at www.boynton-beach.org. The applicant will be notified of the date and time their application will be presented to the City Commission for approval. It is recommended that the 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 the City Commission's decision. Reimbursement Process This program is designed as a reimbursement grant. That is, all costs must be paid for by the applicant prior to the City issuing grant funds. Grant funds will be reimbursed exclusively for approved eligible uses. If the applicant is unable to pay for the eligible use up front, grant funding arrangements may be made to accommodate the need of the business. The following documents are required to submit for reimbursement. Additional documents may be required depending on the eligible use(s)you are applying for: https://lfweb.bbfl.us/Forms/form/approval/e726d 1 e5-5da2-4210-ba92-a81 bb9b003b3?hideHeader=true 4/9 11/9/23, 11:18AM Application Evaluation o Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full" o Cancelled check(s) showing the front and back of the cancelled check for work or purchases as part of your reimbursement request. o Other evidence of payment for work or purchases as part of the reimbursement request. Applying for Rent Reimbursement o Copy of check or payment for commercial rent (can be multiple months) Applying for Payroll/Salaries o Form 940, Form 944, or most recent payroll statement(s). *For new business applicants, before grant funds can be released the 3 consultant sessions must be completed and verified. *No cash payments will be accepted as evidence in support of a request for reimbursement. 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. https://Ifweb.bbfl.us/Forms/form/approval/e726d1 e5-5da2-4210-ba92-a81 bb9b003b3?hideHeader=true 5/9 11/9/23, 11:18AM Application Evaluation Application GRANT APPLICATION BUSINESS INFORMATION Boynton Beach Ocean Ridge Arthritis Associates. PA Business Name* Business Legal Name (if different than above) Boynton Beach Street Address Business Address* 1880 North Congress Ave Address Line 2 No 320 City State/ Province / Region Boynton Beach FL Postal /Zip Code Country 33426 USA Business Hope Starkman, MD Owner/Principal Name* Grant Application Hope Starkman, MD Contact Person/Title* Phone Number* 561-252-7575 Email* Arthrodoc1@Juno.com Website www.boyntonarthritisdoc.com Number of 4 Employees* Type of Business* medical practice https://Ifweb.bbfl.us/Forms/form/approval/e726d1 e5-5da2-4210-ba92-a81 bb9b003b3?hideHeader=true 6/9 11/9/23, 11:18AM Application Evaluation Opening Date of 5/1/2000 Business in Boynton Beach* PROJECT DESCRIPTION Business Type* Select Business Type before Eligible Uses New Existing Home-Based Eligible Uses Business Equipment (Existing) Inventory Interior/Exterior Commercial Property Renovations— must have at least two (2) years remaining on current lease Payroll/Salaries Software/Technology Purchases Eligible Uses (Home- Business Equipment Based) Inventory Software/Technology Purchases https://Ifweb.bbfl.us/Forms/form/approval/e726d1 e5-5da2-4210-ba92-a81 bb9b003b3?hideHeader=true 7/9 11/9/23, 11:18AM Application Evaluation Need and Impact Please provide a detailed description of the need and impact of requested grant funds Description* I am a physician in solo practice. I have had a very difficult time finding employees as I am competing with large companies who can pay in higher salaries and benefits. This year I have had additional expenses making it more difficult to get employees. My hvac went and I just had to purchase a new one over 8400 dollars then toilets leaked and needed to replace. Leaked into neighbors ceiling and he wants me to pay 1600 dollars for his damages. Im struggling with those and got an assessment on office in Renaissance commons. I used to use school across the street to help w staffing thru students but they are closing (FCC). Many patients speak only Spanish so I have a Spanish speaking medical assistant and many speak creole which I do not so I needed a creole speaking employee. I would use the funds for employees as Im finding it hard to keep them without raises and financial incentives. This strains practice more. I am really struggling and holding on by a threat . some will go to damage for leaking plumbing Total Cost of $ 10,000.00 Project* Total Requested Maximum grant amount is $10,000 Grant Funds* $ 10,000.00 REQUIRED DOCUMENTS W-9 Form* Upload a copy of a blank W-9 Form. Click the link below. fw9.pdf 216.32KB Click here for a blank W-9 form. https://Ifweb.bbfl.us/Forms/form/approval/e726d1e5-5da2-4210-ba92-a81 bb9b003b3?hideHeader=true 8/9 11/9/23, 11:18 AM Application Evaluation Business Tax Upload a copy of Boynton Beach Business Tax Receipt Reciept* Business tax use.pdf 290.34KB Sunbiz Registration Upload Sunbiz Registraion Page Page* Annual Business Report Ocean Ridge .docx 62.01 KB Lease Agreement(?) Upload Lease/Rental Agreement lease for Boynton.pdf 3.5MB Payroll/Salaries Form 940, Form 944 or most recent payroll statement Documents (?) Accounting Cost Report Hours-Dollars.pdf 16.43KB PayrollRegister.pdf 17.86KB By signing below, I acknowledge that the contents of the document are true and correct. I acknowledge that I have read and understand all aspects of the grant program application and guidelines. Signature* (7�%'a 5?- -fxelovegi/ Application Date* 11/9/2023 Comments Complete Ineligible Missing Documents https://Ifweb.bbfl.us/Forms/form/approval/e726d1 e5-5da2-4210-ba92-a81 bb9b003b3?hideHeader=true 9/9 p°0411►. City of Boynton Beach . Development Services 100 E.Ocean Ave. Boyntun Beduti, FL 33435-0190 KY' : •ZAUTO**SCH 5-DIGIT 33436 1 PS5 140512BC24-A-1 100 1 AV 0.495 IluIiiiiiiIiIi1111111111111tiiIliIIIliIIIIIiiiIll 1111I11II111I11 OCEAN RIDGE ARTHRITIS ASSOCIATES P.A. 1880 N CONGRESS AVE STE 320 BOYNTON BEACH FL 33426-8678 2 t Dear Boynton Beach Business and Property Owners: We appreciate your continued participation in supporting economic growth and viability of our City by maintaining your Certificate of Use and Occupancy& Local Business Tax. In accordance with Chapter 13 of the City of Boynton Beach Municipal Ordinance. the document(s) below must be posted in a conspicuous place at your business or property. Should assistance be needed please contact the Development Services Department at (561)742-6350 or visit our website at www.boynton-beach.org. 40 DETACH THE DOCUMENT BELOW AND POST CONSPICUOUSLY AT YOUR PLACE OF BUSINESS + City of Boynton Beach Certificate of Use/Business Tax Receipt Expires on September 30, 2024 Business Control Number: 0021352 Business Name: Ocean Ridge Arthritis Date Issued: 08/24/23 Business Location: 1880 N Congress Ave 320 Any changes in name, address, suite, ownership, etc. will require a new application. COU/BTR Number Classification Code Classification Additional Information 24-00024066 561 110 OFFICES EXECUTIVE&ADMINISTRATIVE OFFICE City of Boynton Beach 1 100 E. Ocean Ave. • Boynton Beach, FL 33435-0190 } CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT ACKNOWLEDGEMENT FORM Small Business Support Program_ Applican -e_ c.-c--L-- o ceozkr a \ 6 .--e___Acme- ( A _s 4-5 5 c)c--t etit-'7" � Business Name: Business Address: R 6 il/E U r 0 ",f l Y- «n e if---' P . List of Improvements: n C ,) `' . VA C e4c�(,- - s ct mV od 2Q C,c_c en WArN,c V) lPest LA IT \ '` i C C cam 'R < c� ( <P6 p1rv'i() b , P6 -ea\ c5 I Jec3. L e � G �ab� � � � �r h I ►� �GV1 1/dc� il a 6,A� cm u t ( 1 ,! Landlord Signature: XA For Office Use Only City of Boynton Beach Development Department Reviewed by: Date: Requirements: CITY OF BOYNTON BEACH GRANT AGREEMENT • THIS AGREEMENT is made this 'day of J40/( , 2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and A CUSTOM BUILD, LLC. hereinafter referred to as "Grantee." WITNESSETH: < . -7- 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 Small Business Marketing Grant program provides City funding to support new and existing small businesses with their marketing needs; 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 1 determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. 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 2 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. III. DEFAULT/TERMINATION A. In the event that a party fails to comply with the terms 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 _TEN THOUSAND DOLLARS AND ZERO CENTS ($10,000.00). 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 3 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. 4 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. 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. X. 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. 1003(6206 2 306-90018211C\Program Files(X86)\Neevia Com\Docconvenerpro\Temp\N VDC\OAEE6562-AC48-430A-8055-5F649474F 16C Bo)nton Beach 16786 1 Grant_Agreement100306206-23cc4b6a).Doca XI. 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. XII. 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. XII. 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. XIV. 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. XV. 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) 742-6014 Facsimile(561) 742-6011 with a copy to: Shawna Lamb, City Attorney P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6051 Facsimile (561) 742-6011 and if sent to the GRANTEE shall be mailed to (current official address): 2639 SW 7T" ST BOYNTON BEACH, FL 33435 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. CITY GRANTEE A CUSTOM BUILD, LLC. 111111k By: �� By: . Print: _ galtr:[���'� . Print: WILLIAM PRESTON CAMPBELL_ Name: J : Title:_AR ST: ATTEST: 11...t1 ' Mayle 0: Jesus, Ci• Clerk Print Name: _CAITLIN CAMPBELL Title: _WITNESS APPRO D AS TO LEGAL FORM: ., (CORPORATE SEAL) 0NTO//N% 14a.iag J. OW/410 fO(‘°.VoZi;,..6«oit Office of the City Attorney ' SEAL •.• +�! i •INCORPORATED; :. 1920 ; l •. `` . FLORIOP N. ' . CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this ;Ji4' day of,1-.20_4_, 2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corpon, hereinafter referred to as "CITY," and_Cool Air Services INC. 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 Small Business Marketing Grant program provides City funding to support new and existing small businesses with their marketing needs; 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 terms 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 10,000.00 ($ 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. 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. X. 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:\Program Files(X86)\Neevia.Com\Docconvertetpro\Temp\NVDCWAEE6562-AC48-430A-8055-5F649474F 16C\Boynton Beach.16786.1.Gant_Agreement_(00306206-2xc4b6a).Docx XI. 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. XII. 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. XII. 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. XIV. 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. XV. 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)742-6014 Facsimile (561) 742-6011 with a copy to: Shawna Lamb, City Attorney P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6051 Facsimile(561) 742-6011 and if sent to the GRANTEE shall be mailed to (current official address): 2453 Quantum Boulevard, Boynton Beach, FL, 33426 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. CITY GRANTEE _Cool Air Services, Inc. � By: By: / .�,/1 / (, .1 1Mn_ .. Print: .th Print: _Amanda $eNardo Name: I r/ 1 4 TitleOwner/President 1 AT . T: ATTEST: ________,A.4 _iy-,,i .L.4,„2 di __ Mayleesus ity Clerk not Name: /ecA,artd .,�heZ Title: /9//c. 'Te,.,„ APPRO, D AS TO LEGAL FORM: y NTON`1. , (CORPORATE SEAL) ,� ..6VOEU;-?.$7'11 G,cMGc A , r: SEAL .ci , i0 MCORPORATEDI i 1920:• 14 • '••....••• i � OMP k`t, FIS R = Office of the City Attorney CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this__. day of JOi1 cJ( , 2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and South Wind Designs 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 Small Business Marketing Grant program provides City funding to support new and existing small businesses with their marketing needs; 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. III. DEFAULT/TERMINATION (00306206.2 306-9001821)C:\Program Filn MI6)\Neevia.ComlDoccomMeryro\Temp\NVDC\OAEE656YAC48-430A-8055-5F649474F16C\Boynton Beech.I6786.1.Gant_A�ent(00306206-2xcAb6e).Docx 2 A. In the event that a party fails to comply with the terms 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 $10,000.00 a$ ). 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. 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. X. 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. 100306206.2 306-9001821)C:\Program Files(X86)\0eevia Cole\Docconverterpro\Temp\NVDC\OAEE6562-AC48-430A-8055-5F649474F 16C\Boyeton Beach.16786.1.Grant_Agreement_(00306206-2xc4b6a).Docx XI. 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. XII. 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. XII. 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. XIV. 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. XV. 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) 742-6014 Facsimile (561) 742-6011 with a copy to: Shawna Lamb, City Attorney P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6051 Facsimile (561) 742-6011 and if sent to the GRANTEE shall be mailed to (current official address): 3050 SW 14th Place Ste #15, Boynton Beach, FL, 33426 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY GRANTEE SOuZtf (n)/N9 DFS/GNS, L C C zi By: _ By: —�_, Print: I ' ' ' iii: Print: r a may) �,q y.D N1O0/t r/Ov,S< Name: 1 m/l W t • Title: dLA_' E/Z A. TE b A ATTEST: AI 10 ---- —,lan)n _rn.Er.)A1 g-U0e Maylee .1 esus, ty Clerk �Q,�Y N r.-N ��� Print Name: i p�.GSRPORgi�..�F�11, Sffiktete‘i /1I00Rf/O(/.fe i=�' SEAL : ';le: APPROVED AS TO LEGAL F ivlit PORATED' ! .SAGEI Mm2A.,A 2 ' 1920: 1 b (CORPORATE SEAL) hida L)e. o\ iw Office of the City Attorney CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this,;f ) day of , 4 , 2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and Cool Nick Air Conditioning, Inc. 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 Small Business Marketing Grant program provides City funding to support new and existing small businesses with their marketing needs; 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. 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 terms 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 10, 000. 00 ,$ A 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. 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. X. 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\Progam Files(X86)\Neevia.Corn\Docco verterpro\Temp\NVDC'OAEE6562-AC48-430A-8053-5F649474F 16ClBoynron Bach.16786.I Gran Agemtmt_(00306206-2xab6a).Docc XI. 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. XII. 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. XII. 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. XIV. 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. XV. 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) 742-6014 Facsimile(561) 742-6011 with a copy to: Shawna Lamb, City Attorney P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6051 Facsimile (561) 742-6011 and if sent to the GRANTEE shall be mailed to (current official address): c15a an nerC Par: Pnv . i ao ri turf ' i1 FL- 3312 Co IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. CITY GRANTEE Cool 1\\i c\ A r 06nd oniiii , Tr . By: I _t__ By: 1✓i� y Print: /1!1lll .� "�� � _ Print: ;� r c� pC..i�c'I,-(14- �lY.t del-- Name: Name: 'Mt oWgi Title: LW n et-- War A r S • ATTEST: 1 It - t------- ----- Mayl e Jesu, Ci Clete Print 0 Name: N j' ©n ` 3 u et- Title: t-Title: Prt 'S(cam,"+ il►"I APPR• ED AS TO LEGAL FORM: _��N'g�gc,`(CORPORATE SEAL) AWAJ (Aiill h i�,�• •'''' '''.••h' 111 �. `,,` Office of the City Attorney i..:° .V P•<<- CITY OF BOYNTON BEACH GRANT AGREEMENT i THIS AGREEMENT is made this�3k'day of jailif , 2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and Lavish Looks & More INC. 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 Small Business Marketing Grant program provides City funding to support new and existing small businesses with their marketing needs; 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 terms 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 $10,000.00 ($ ). 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. 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. X. 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:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp NVDC\0AEE6562-AC48-430A-8055-5F649474F16C\Boynton Beach 16786.1.Grant_Agreement_(00306206-2xc466a).Docx XI. 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. XII. 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. XII. 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. XIV. 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. XV. 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: IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY OF BOYNTON BEACH GRANTEE .c .:t 1 .I��e. Or` By:_____ AK k,�� By: e1/4—�-e--� Print: �����!i1j i ��•___ Print: r R-CtlACtYGi 50 A Name: _ ,, 11 1 rr MIMI Title: 0 L.0✓\JL..f 111 AT, E%T: ATTE: 11UIfl ei.•c�=.�—�— Malee D: -sus, Citylerk Print 'lipi e: �Q/ „ ' Li , - •"SrIyTitle:l / . i - /9 - / APPROVED AS TO LEGAL FORM: S (CORPORATE SEAL) .�_ �� 1 r,_}�,"•• VA=MONDESIB I Office of the City Attorney 1 % 1 Notary Publk-stat.of Florida p . Commission 0 MM 390036 1 ,,••,, 4 `.....ce.,/ My Comm.Expires Jun 27.2027 - 01\1•BE•go‘� 4 Bonded through National Notary Awn. i3O�� ......... •tE •••..• %tt RP s O O tit\--.i.7. C.9 '0 )�' e i Off\ Small Business Support Grant Agreement Rev.Dec.2023 9