R22-104 1 RESOLUTION NO. R22 -104
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO
5 SIGN A GRANT AGREEMENT FOR THE MARKETING AND DIGITAL
6 CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE
7 AMOUNT OF $2,500.00 FOR 4 REEL SERVICES INC. LOCATED AT 332 W.
8 BOYNTON BEACH BLVD. SUITE 2, BOYNTON BEACH, FL 33435; AND
9 PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS, the City's new Marketing and Digital Connectivity Small Business Grant
13 Program was created to provide eligible new and existing small businesses with a
14 reimbursable grant for expenses associated with marketing and/or developing an e-
15 commerce platform; and
16 WHEREAS, the applicant will utilize the grant funds to advertise in two
17 publications; and
18 WHEREAS, approval of this application will allow the City's Department of
19 Economic Development and Strategy to help local small businesses improve the quality
20 and effectiveness of their marketing to help reach a broader market.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
22 OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
24 as being true and correct and are hereby made a specific part of this Resolution upon
25 adoption hereof.
26 Section 2. The City Commission approves and authorizes the Interim City
27 Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small
28 Business Grant Program funding in the amount of$2,500.00 for 4 Reel Services Inc. located
29 at 332 W. Boynton Beach Blvd. Suite 2, Boynton Beach, FL 33435, a copy of which is
30 attached hereto and incorporated herein as Exhibit "A".
31 Section 3. This Resolution shall become effective immediately upon passage.
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S:\CA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding(4 Reel Services)-Reso.Docx
34 PASSED AND ADOPTED this day of August, 2022.
35 CITY OF BOYNTON BEACH, FLORIDA
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37 YES NO
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39 Mayor— Ty Penserga
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41 Vice Mayor— Angela Cruz
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43 Commissioner— Woodrow L. Hay
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45 Commissioner— Thomas Turkin
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47 Commissioner— Aimee Kelley
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49 VOTE
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51
52
53 ATT •
54 r
55 I� . i . '
56 Maylee De J: us, MPA, M Ty s ."ga
57 City Cle / Mayor
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59 NTON B'‘`‘1�1 APPROVED AS TO FORM:
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••60 (Corporate Seal); �o�`e '•.y �,
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61
62 c) \NOR 2� ` 1
63 I �9 Q, Michael D. Cirullo, Jr.
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64 `k. FL���=" City Attorney
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66
S:\CA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding(4 Reel Services)-Reso.Docx
CITY OF BOYNTON BEACH
GRANT AGREEMENT
THIS AGREEMENT is made this ,..6"" day of aoN e , 2022, by and between
the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as
"CITY," and I+ Reel, 5erutcres aluc • , hereinafter referred to as "Grantee."
WITNESSETH:
WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth
within the CITY's municipal boundaries; and
WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small
Business Grant program provides City funding to support new and existing small businesses with
marketing and/or developing an e-commerce component to their business; and
WHEREAS, the CITY has determined that it is in the public's best interest, and that it
serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms
of this Agreement.
WHEREAS, in order to justify the expenditure of public funds and secure the public's
interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into
this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations
pursuant to the CITY's grant program.
NOW,THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties hereby agree as follows:
I. GRANTEE'S PERFORMANCE OBLIGATIONS
A. GRANTEE agrees that it will perform the business activities as more specifically
set forth in GRANTEE's Grant Application. Representations contained in the
Application arc deemed material representation of the GRANTEE and failure to
expend the grant funds as set forth in the CITY'S grant program constitutes a breach
of this Agreement. GRANTEE agrees that it is solely liable to the CITY for
performance under this Agreement, and that, in the event of default as solely
determined by the City, GRANTEE will, as more specifically set forth herein,
refund to the CITY monies paid pursuant to this Agreement.
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B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee
execution of its performance obligations under this Agreement, and that execution
of each of these performance obligations is consistent with GRANTEE's mission.
ll. PAYMENT PROCEDURES, CONDITIONS
A. The Grant funds available pursuant to this Agreement will be paid by the CITY to
the GRANTEE only after the GRANTEE provides the documentation as required
by the CiTY.
B. If the GRANTEE fails to comply with any of the provisions of this Agreement. the
CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the
funds upon giving written notice to the GRANTEE, and/or terminate this
Agreement and the CITY shall have no further funding obligation to the GRANTEE
under this Agreement.
C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful
receipt of funds, including unlawful and/or unauthorized receipt of funds
discovered after the expiration of this Agreement. The GRANTEE shall also be
liable to reimburse the CITY for any lost or stolen funds.
D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for
any reason, any remaining unpaid portion of this Agreement shall be retained by
the CITY and the CITY shall have no further funding obligation to GRANTEE with
regard to those unpaid funds. The determination that the GRANTEE has ceased or
suspended its operation shall be made solely by the CiTY and GRANTEE, its
successors or assigns in interest, agrees to be bound by the CITY's determination.
E. Funds which arc to be repaid to the CITY pursuant to this Agreement, arc to be
repaid by delivering to the CITY a cashier's check for the total amount due payable
to the City of Boynton Beach within thirty(30) days of the CITY's demand.
F. All corporate or partnership officers and members of GRANTEE arc individually
and severally responsible for refunding grant funds to the CITY in the event of a
default.
G. The above provisions do not waive any rights of the CITY or preclude the CITY
from pursuing any other remedy which may be available to it under law. Nothing
contained herein shall act as a limitation of the CITY's right to be repaid in the event
the GRANTEE fails to comply with the terms of this Agreement.
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III. DEFAULT/TERMINATION
A. In the event that a party fails to comply with the terms of this Contract, other than
payment of funds,then the non-defaulting party shall provide to the defaulting party
notice of the default and the defaulting party shall have ten (10) days within which
to initiate action to correct the default and thirty(30) days within which to cure the
default to the satisfaction of the non-defaulting party.
B. In the event that the defaulting party fails to cure the default, the non-defaulting
party shall have the right to terminate this Contract. The effective date of the
termination shall be the date of the notice of termination.
IV. REIMBURSEMENT REQUIREMENTS
GRANTEE agrees to submit the required reimbursement documents to the CITY within
the specific timeframe set forth in the CITY'S grant program.
V. GRANT AMOUNT
� V? Juwdred •
The total grant is T A3 Thousand Dollars($ A5'00.09•
VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS
The CITY may have a financial system analysis and an internal fiscal control evaluation of
the GRANTEE performed by City staff or an independent auditing firm employed by the
CITY at any time the CITY deems necessary to determine the capability of the GRANTEE
to fiscally manage the grant award. Upon completion of all tasks contemplated under this
Agreement, copies of all documents and records relating to this Grant Agreement shall be
submitted to the CITY if requested.
VII. PERFORMANCE
Time is of the essence with regard to performance as set forth in this Agreement and failure
by GRANTEE to complete performance within the times specified, or within a reasonable
time if no time is specified herein, shall, at the option of the CITY without liability, in
addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under
this Agreement.
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VIII. INDEMNIFICATION
The GRANTEE agrees to protect, defend, reimburse. indemnify and hold the Cli'Y, its
agents, its employees and elected officer and each of them, free and harmless at all times
from and against any and all claims, liability, expenses, losses, costs, fines and damages,
including attorney's fees,and causes of action of every kind and character against and from
CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature
of this indemnification and hold harmless clause, and voluntarily makes this covenant and
expressly acknowledges the receipt of good and valuable consideration provided by the
CITY in support of this obligation in accordance with the laws of the State of Florida.
GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or
applications thereof, shall apply to the fullest extent permitted by law but in no event shall
they apply to liability caused by the negligence or willful misconduct of the CITY, its
respective agents, servants employees or officers, nor shall the liability limits set forth in
section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination
of the Agreement.
IX. INSURANCE
GRANTEE must provide the CITY with evidence of insurance as follows: general liability
insurance-S1,000,000; umbrella-SI,000,000: and evidence of auto liability insurance and
worker's compensation insurance.
X. AVAILABILITY OF FUNDS
The CITY's obligation to pay under this Agreement is contingent upon having funds
budgeted and appropriated by the City of Boynton Beach City Commission.
Xl. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive ()limy 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.
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XII. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees arc treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry. marital status, or sexual orientation.
XIII. FEES, COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys' fees, court costs and all expenses(including taxes)
even if not taxable as court costs (including, without limitation, all such fees, costs and
expenses incident to appeals), incurred in that action or proceeding, in addition to any other
relief to which such party or parties may be entitled. provided, however, that this clause
pertains only to the parties to this Agreement.
XIV. SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such terms or provision, to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
XV. ENTIRE AGREEMENT
The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement
between the parties,and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Agreement may be
added to,modified,superseded or otherwise altered,except by written instrument executed
by the parties hereto.
XVI. NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested, and if sent to the CITY shall be mailed to:
John Durgan. Economic Development Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6010
Facsimile(561) 742-6011
with a copy to:
Michael D. Cirullo, Jr., City Attorney
Goren, Chcrof, Doody& Ezrol, P.A.
3099 E. Commercial Blvd, Suite 200
Fort Lauderdale, FL 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
and if sent to the GRANTEE shall be mailed to(current official address):
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
and year first above written.
CITY GRANTEE
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Name: /�l4yoi ' Title: resiclew1'
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APPROVED AS TO LEGAL:'` .1'�,�Ft��— r
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