R26-003 RESOLUTION NO. R26-003
1
2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
3 BEACH, FLORIDA, AWARDING THE SMALL BUSINESS SUPPORT
4 GRANTS AND AUTHORIZING THE MAYOR OR CITY MANAGER TO
5 EXECUTE THE GRANT AGREEMENTS ON BEHALF OF THE CITY; AND
6 FOR ALL OTHER PURPOSES.
7
R WHEREAS, the Small Business Support Grant Program ("SBSGP") was established to
Q address the ongoing need for capital among small businesses in Boynton Beach, Florida,
io supporting both operational expenses and growth initiatives to foster a healthy and vibrant local
1 economy by empowering entrepreneurs and small business owners; and
12 WHEREAS, the SBSGP grants provide financial assistance for a variety of eligible uses,
13 including rent reimbursement, business equipment, inventory, interior/exterior commercial
14 property renovations, and software or eligible technology purchases; and
IS WHEREAS, applicants may use grant funds for multiple eligible purposes, provided that
16 costs are paid up front before City disbursement, and expenditures incurred prior to October 1,
17 2025, are not eligible for reimbursement, and all eligible expenses must be completed and paid
Is for prior to August 15, 2026; and
1�) WHEREAS, applications were evaluated through a structured scoring process and
2r) categorized not Tier One, Tier Two, or Not Awarded, to ensure a fair and transparent allocation of
21 grant funding; and
22 WHEREAS, the Tier One awarded businesses from the evaluation process include Auravie
23 Med Spa, Medwear Uniforms, Hair Rocks Studio, LLC, A'lu Mexican Cuisine, Sinful Crepes, Asian
24 World Market, Willy's Café, Merle Norman Southern Charm, and UBREAKIFIX; and
25 WHEREAS, the Tier Two awarded businesses include Margo's Kitchen and Fire Express
26 LLC• and
27 WHEREAS, the City Commission finds that it is in the best interest of the City to award the
2R SBSGP grants to the above-listed businesses, and authorize the Mayor or City Manager to execute
29 the SBSGP Grant Agreements and related documents on behalf of the City to expedite the fund
30 distribution process and ensure and strengthen the marketing efforts of the awarded businesses.
31
RESOLUTION NO. R26-003
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
33 BEACH, FLORIDA, THAT:
34 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
35 being true and correct and are hereby made a specific part of this Resolution upon adoption.
36 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
37 authorize the Mayor or City Manager to execute the SBSGP Grant Agreements and related
38 documents on behalf of the City, as further detailed in Composite Exhibit A.
39 SECTION 3. This Resolution shall take effect in accordance with the law.
40
41 [signatures on the following page]
RESOLUTION
NO. R26-003
42 PASSED AND ADOPTED this (72-0.141 day of jarukan 2026.
43 CITY OF BOYNTON BEACH, FLORIDA
44 YES- NO
45 Mayor- Rebecca Shelton tt//
46 c�
47 Vice Mayor-Woodrow L. Hay
48 7
49 Commissioner-Angela Cruz
50
51 Commissioner-Thomas Turkin
52 V
53 Commissioner-Aimee Kelley
54
55 VOTE �_O
56 ATTE :
57 (.._ ,f /
s8 •
59 Maylee D- J , MPA, M C Rebecca Shelton
60 City Clerk Mayor
61
62 JN�ON 86. APPROVED AS TO FORM:
63 (Corporate Seal) :��QQORaTe''•.,.y't
64 �65 , }O:Uo .�RA`F'�: ,S Akio J
Q s
66 �It�v \ACP CP. �/ Shawna G. Lamb
67 ' ... , Q': City Attorney
CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT
THIS AGREEMENT is made this 4 day of December, 2 02 5, by and between the CITY
OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "City"," and
Merle Norman Southern Charm 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:
I. 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: _Inventory and Rent Reimbursement _ (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 1
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 August 15, 2026. 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
Small Business Support Grant Agreement Rev.Dec.2023 2
1
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 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.
Small Business Support Grant Agreement Rev.Dec.2023 3
•
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.
LX. REMEDIES
Small Business Support Grant Agreement Rev.Dec.2023 4
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.
XIL 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:
Gigi Chazu,Economic Development Director
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):
930 N Congress Ave Suite 210, Boynton Beach
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
288.0071(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 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
amen
By: 4 ... . _
: c.c A �a c.5ty.Non Print. -a .•Burke Weiner
Name: lke.ija.,— Title: President
A T: ATTEST:
/ I
( L A .A/L —
Maylee ,City Cl Print Name: Amanda Stone
Title: Vice President
APPROVED AS TO LEGAL FORM:
(CORPORATE SEAL)
sAaia
Office of the City Attorney
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Small Business Support Grant Agreement Rev.Dec.2023 8
CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT
THIS AGREEMENT is made this i#( day of December, 2025, by and between the CITY
OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "City"," and
A'lu Mexican Cuisine 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:
I. 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: _Interior/Exterior Commercial Property Renovations_(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 1
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 e aCity nd inconnection
as of the date Granteeant were true
executes this
and correct when made and
Agreement,unless otherwise expressly disclosed in writing by Grantee.
C. Liability for Performance. Grantee that it is soe lely of e default to the
eas City
solelyr
performance under this Agreement,
,
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 August 15, 2026. 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
Small Business Support Grant Agreement Rev.Dec.2023 1
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 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.
Small Business Support Grant Agreement Rev.Dec.2023 1
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.
IX. REMEDIES
Small Business Support Grant Agreement Rev.Dec.2023 1
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 1
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:
Gigi Chazu,Economic Development Director
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):
1080 Gateway Blvd, Boynton Beach
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 1
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
288.0071(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 1
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
and year first above written.
CITY OF BOYNTON BEACH GRANTEE
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Title: aa F
APPROVED AS TO LEGAL FORM:
(CORPORATE SEAL)
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Office of the City Attorney
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Small Business Support Grant Agreement Rev.Dec.2023 1
CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT
THIS AGREEMENT is made this 9 day of December, 2025, by and between the CITY
OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "City"," and
WILLY CAFE INC 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:
I. 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: _Business Equipment_ (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 1
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 August 15, 2026. 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
Small Business Support Grant Agreement Rev.Dec.2023 2
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 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.
Small Business Support Grant Agreement Rev.Dec.2023 3
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.
IX. REMEDIES
Small Business Support Grant Agreement Rev.Dec.2023 4
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:
Gigi Chazu,Economic Development Director
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):
141 W Woolbright Rd, Boynton Beach
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
288.0071(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 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
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Title: (Aj.`+-iv'S S'
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Small Business Support Grant Agreement Rev.Dec.2023 8
CITY OF BOYNTON BEACH SMALL BUSINESS S i PPORT GRANT AGREEMENT
THIS AGREEMENT is made this 1 day of Decem.-r, 2025, by and between the CITY
OF BOYNTON BEACH, a Florida municipal corporation, h-reinafter referred to as "City"," and
Asian World Market hereinafter referred to as "Grantee" (each a "Party" and collectively the
"Parties").
WITNESSET :
WHEREAS,it is the policy of the City to stimulate :nd encourage economic growth within
the City's municipal boundaries; and
WHEREAS, The City's Small Business Suppo Grant Program ("Grant Program")
provides City funding to support new and existing small .usinesses to establish or expand their
operations within the City, which is beneficial to the local -conomy; and
WHEREAS, the City Commission of the City of t oynton Beach has determined that the
use of public funds toward the achievement of such eco omic development goals constitutes a
public purpose; and
WHEREAS, the Parties desire to enter into his Agreement to ensure Grantee's
performance in accordance with the Grant Program re, irements and to support the related
expenditure of public funds and secure the public's interes ; and
WHEREAS,the City has determined that it is in th; 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 preises and mutual covenants hereinafter
contained, the Parties hereby agree as follows:
I. GRANT AMOUNT
City hereby grants to Grantee the sum of$10,001_ (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 G ant Funds for the following business
activities: _Business Equipment_ (the "Authoriz.d 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 1
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 August 15, 2026. 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
Small Business Support Grant Agreement Rev.Dec.2023 1
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 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.
Small Business Support Grant Agreement Rev.Dec.2023 1
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.
IX. REMEDIES
Small Business Support Grant Agreement Rev.Dec.2023 1
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
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:
Gigi Chazu,Economic Development Director
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):
1899 W Woolbright Rd, Boynton Beach
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
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
288.0071(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 1
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
and year first above written.
CITY OF BOYNTON BEACH GRANTEE
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Small Business Support Grant Agreement Rev.Dec.2023 1
CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT
THIS AGREEMENT is made this 9th day of December, 2025, by and between the CITY
OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "City"," and
INSIGNI MEDIA INC. DBA Sinful Crepes 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:
I. 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: _Business Equipment _ (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 1
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 August 15, 2026. 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
Small Business Support Grant Agreement Rev. Dec.2023 2
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 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.
Small Business Support Grant Agreement Rev.Dec.2023 3
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.
IX. REMEDIES
Small Business Support Grant Agreement Rev. Dec.2023 4
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:
Gigi Chazu,Economic Development Director
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):
4621 Capital Dr, Lake Worth, FL 33463
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
288.0071(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 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
INSIGNI MEDIA INC. DBA Sinful Crepes
By: By:
Prin . 'PckeccaShe.Iton Print: Dmitrij Scuka
Name: t . .— Title: President
AT T: ATTEST:
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Maylee D: esus, City Cl k Print Nfe:' John Tri•le
Title: • anager
APPROVED AS TO LEGAL FORM:
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Small Business Support Grant Agreement Rev. Dec.2023 8
CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT
THIS AGREEMENT is made this 8th day of December, 2 02 5, by and between the CITY
OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "City"," and
Hair Rocks Studio.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:
I. 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: _Rent Reimbursement_ (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 1
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 August 15, 2026. 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
Small Business Support Grant Agreement Rev.Dec.2023 2
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 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.
Small Business Support Grant Agreement Rev.Dec.2023 3
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.
IX. REMEDIES
Small Business Support Grant Agreement Rev.Dec.2023 4
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:
Gigi Chazu, Economic Development pment Director
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):
4772 N Congress Ave, Boynton Beach
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
288.0071(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 7
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
and year first above written.
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Small Business Support Grant Agreement Rev.Dec.2023 8
CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT
THIS AGREEMENT is made this 4 day of December, 2025, by and between the CITY
OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "City"," and
ACJM LLC (UBREAKIFIX) 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:
I. 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: _Rent Reimbursement_ (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 1
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 August 15, 2026. 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
Small Business Support Grant Agreement Rev.Dec.2023 2
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 fails to comply with the teens 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.
Small Business Support Grant Agreement Rev.Dec.2023 3
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.
IX. REMEDIES
Small Business Support Grant Agreement Rev.Dec.2023 4
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:
Gigi Chazu,Economic Development Director
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):
394 N Congress Ave, Boynton Beach
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
288.0071(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 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
ACJM LLC(UBREAKIFIX1
By: By:
Print: Ube-cc a StuAct*" Print: Carlos Acevedo
Name: Mab qr Title: Co-Owner
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Maylee DVJ us, City Cle Print lame: l a u r i c i o C e p e d a
Title: Co-Owner
APPROVED AS TO LEGAL FORM:
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Small Business Support Grant Agreement Rev.Dec.2023 8
CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT
THIS AGREEMENT is made this Of day of December, 2025, by and between the CITY
OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "City"," and
Medwear Uniforms West Inc 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:
I. 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: _Inventory_ (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 1
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 August 15, 2026. 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
Small Business Support Grant Agreement Rev.Dec.2023 2
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 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.
Small Business Support Grant Agreement Rev.Dec.2023 3
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 fmal authority as to the availability of funds.
IX. REMEDIES
Small Business Support Grant Agreement Rev.Dec.2023 4
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:
Gigi Chazu,Economic Development Director
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):
1000 Gateway Blvd Suite 103, Boynton Beach
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
288.0071(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 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
By By: Alhollinr
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Name: ir..i AJC- Title: Q/'fS/pf✓
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Title: E-o re ativa- tr
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Small Business Support Grant Agreement Rev.Dec.2023 8
CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT
THIS AGREEMENT is made this 8 day of December, 2025, by and between the CITY
OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "City"," and
Auravie Med Spa 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:
I. 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: _Interior/Exterior Commercial Property Renovations_ (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 1
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 August 15, 2026. 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
Small Business Support Grant Agreement Rev.Dec.2023 1
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 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.
Small Business Support Grant Agreement Rev.Dec.2023 1
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.
IX. REMEDIES
Small Business Support Grant Agreement Rev.Dec.2023 1
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 1
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:
Gigi Chazu, Economic Development Director
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):
2276 N Congress Ave, Boynton Beach
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
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
288.0071(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 1
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
and year first above written.
CITY OF BOYNTON BEACH GRANTEE
Auravie Med Spa
By:
Print: 1rcbccrcc She.ltor, Pring:Carolina Gimenez
Name: l'Ae,vpr- Title: CEO
TTE : ATTEST:
Maylee De J;i City Clerk Print Name: Natalie Mederos
Title: Office Manager
APPROVED • S TO LEGAL FORM:
(CORPORATE SEAL)
SALAI/A(
Office of the City Attorney
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Small Business Support Grant Agreement Rev.Dec.2023 1
CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT
THIS AGREEMENT is made this 05 day of December, 2 0 2 5, by and between the CITY
OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "City"," and
Fire Express 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:
I. GRANT AMOUNT
City hereby grants to Grantee the sum of $5,000_ (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: _Business Equipment, Inventory, and Software/Eligible Technology Purchases
_(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 1
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 August 15, 2026. 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
Small Business Support Grant Agreement Rev.Dec.2023 2
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 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.
Small Business Support Grant pp Agreement Rev.Dec.2023 3
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.
IX. REMEDIES
Small Business Support Grant Agreement Rev. Dec.2023 4
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 g g Bement 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:
Gigi Chazu,Economic Development Director
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):
3300 South Congress Avenue Ste 1 , Boynton Beach, Florida 33426
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
288.0071(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 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
Frie Express LLC
By: rrellite,,.......--%
P • t: • Sha tan rint: Ed 's •oss
Name: Mo Jr- Title: Owner
A AT: ATTEST:
All IP. Orilli ---- . ,
Maylee I �lesus, City ► erk 'rint ` ;.••e • ri Johnson
' Title: Head : a c h
APPROVE 0 AS TO LEGAL FORM:
(CORPORATE SEAL)
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Small Business Support Grant Agreement Rev.Dec.2023 8
CITY OF BOYNTON BEACH SMALL BUSINESS SUPPORT GRANT AGREEMENT
THIS AGREEMENT is made this . 'day off-December, 202X('by and between the CITY
OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "City"," and
MarRo's Kitchen 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:
I. GRANT AMOUNT
City hereby grants to Grantee the sum of $5,000_ (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: _ Rent Reimbursement_ (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 1
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 August 15, 2026. 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
Small Business Support Grant Agreement Rev. Dec.2023 2
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 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.
Small Business Support Grant Agreement Rev.Dec.2023 3
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.
IX. REMEDIES
Small Business Support Grant Agreement Rev.Dec.2023 4
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:
Gigi Chazu, Economic Development Director
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):
4735 N Congress Avenue. Boynton Beach
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
288.0071(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 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
By
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ATTES ATTEST:
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Maylee tie :sus, City Clerk Prin Name: GAtS1 S Yc
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APPROVED AS TO LEGAL FORM:
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Office of the City Attorney