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R22-1031 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. R22 -103 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO SIGN A FIRST AMENDMENT TO THE GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND J & I OPTICAL, LLC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 17, 2022 City Commission approved a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding for 1 & I Optical, LLC, in the identified budget amount of $2,322.01; and WHEREAS, the City's Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant up to $2,500 for expenses associated with marketing and/or developing an e-commerce platform; and WHEREAS,1 & I Optical, LLC has submitted a final paid invoice in the amount of $2,449. WHEREAS, This amendment to the Grant Agreement will add language that will increase the total available reimbursable grant funding to an amount of up to $2,500 to align with the grant program guidelines and reimburse 1 & I Optical, LLC in the amount of $2,449. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission approves and authorizes the Interim City Manager to sign a First Amendment to Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding increasing the grant amount to $2,449.00 which is in line with the Grant Program of an amount up to $2,500.00, a copy of the First Amendment is attached hereto and incorporated herein as Exhibit "A". g:WnueFsowpaammtalf aTintA dt tTo Greet Faedwg Q&l Optical) - Raw.Oocx 33 Section 3. This Resolution shall become effective immediately upon passage. 34 US 35 PASSED AND ADOPTED this day of August, 2022. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor — TyPenserga 41 / 42 Vice Mayor— Angela Cruz 43 MaylC esus, MP MC 58 44 Commissioner— Woodrow L. Hay 45 59 46 Commissioner — ThomasTurkin _ 47 Ak 61 48 Commissioner—Aimee Kelley 62 49 50 51 52 53 54 ATT 55 56 57 MaylC esus, MP MC 58 City e 59 of p0 opry 60 Ak 61 (Corporate Seal) v; SEAL 62 'INCORPORATEI 63 1920 , 64 + ...... FCORIDp 65 VOTE �— 1 Ty Penner Mayor el APPROVED AS TO FORM: '0 (op>tL 4k_ Michael D. Cirul o, Jr. City Attorney S: 1CAtRES0U�IsvO hnt Am mmt To Orem Fmd g(AI Optical) - Rew.Do FIRSTAMENDMENT TO CITY OF BOYNTON BEACH THIS AMENDMENT made this` day of 2022 (herein "First Amendment") shall be considered as part of the Grant Agreement, 'b/and and between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, with a business address of 100 East Ocean Ave, Boynton Beach, FL 33435 hereinafter referred to as "CITY", and J & I OPTICAL, LLC, a Florida Limited Liability Company, with a business address of 1034 Gateway Blvd., Suite 106, Boynton Beach, Florida 33426 ('GRANTEE"). CITY and GRANTEE may each be referred to herein as "Parry" and collectively referred to herein as "Parties". WITNESSETH: WHEREAS, the Grant Agreement was approved by the City Commission on May 17, 2022; and, WHEREAS, Grantee submitted the required reimbursement documents to the City in the specified time with an amount greater than originally approved by the City Commission; and WHEREAS, the Economic Development Department is recommending amending the Grant amount in paragraph V of the Grant Agreement to be an amount no greater than $2,500.00; and WHEREAS, the Parties agree that the terms of the Agreement is modified such that the terms and provisions set forth herein shall be in addition to or to the extent of any conflict, the provisions herein shall take precedence. NOW, THEREFORE, the Parties agree the following provisions shall become an integral part of the Agreement between the Parties as follows: 1. The foregoing recitals set forth above are true and correct and herein incorporated by this reference. 2. The Agreement between CFFY and GRANTEE, a copy of which is attached hereto and made a part hereof as Composite Exhibit "A,' shall remain in full force and effect except as specifically amended herein. 3. Any language contained in this First Amendment, that is in skiketkreugh type shall be deletions from the terms of the Agreement and language in underlined type shall be additions to the terms of the Agreement. �w,evna.i 3assmiaz�� 1 4. V. Grant Amount, The Parties acknowledge and agree that Paragraph V "Grant Amount" of the Agreement, is hereby amended as follows: V. Grant Amount The total grant is TAM The Aand Tw...., u..RdFP l T...__«, T.._ 2Ad 01"l 00 (W A„ 01) equal t4 an amount no greater than Two Thousand Five Hundred and NO/100 Dollars 32,500.00). 5. Binding Authority. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Agreement on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all provisions contained in the Agreement 6. Conflict. In the event of any conflict or ambiguity by and between the terms and provisions of the Agreement, this First Amendment, and the terms and conditions contained in this First Amendment herein, the Parties agree the terms and provisions contained in this First Amendment shall control to the extent of any such conflict or ambiguity. 7. Entire Agreement. These terms together with the Agreement and this First Amendment, all incorporated herein by reference, sets forth the entire understanding of the Parties and supersedes all prior agreements whether written or oral, with request to such subject matter. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. CITY. ATTEST* i Maylee a us, MM City Cler APPROVED AS TO FORM: L OF CE OF TH T—ATTORNEY KWB19M�ffi9LU�Bt�) City of Boynton Beach BY: ames Stables Interim City Manager