R24-003 1 RESOLUTION NO. R24 -003
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE
5 GRANT AGREEMENTS FOR THE AWARDED GRANT RECIPIENTS FOR FY
6 2023-2024 THE SMALL BUSINESS MARKETING GRANT PROGRAM IN
7 THE AMOUNT OF 2,500.00 PER APPLICANT, FOR A TOTAL OF
8 $45,000.00; AND PROVIDING AN EFFECTIVE DATE.
9
10
11 WHEREAS, the Small Business Marketing Grant was established to help local small
12 businesses improve the quality and effectiveness of their marketing to help reach a
13 broader market base; and
14 WHEREAS, eligible uses for this grant include the development of a
15 marketing/social media plan, design of marketing materials and content, website design,
16 web promotions (e.g., Facebook ads), print and TV advertisements, social media
17 development and assistance, marketing consultants, brand and logo design, e-commerce
18 software and development, and equipment to support marketing efforts; and
19 WHEREAS, while the City received 27 eligible applications, grant funds will be
20 awarded to the first 18 applicants; and
21 WHEREAS, approval of these agreements will allow the City's Department of
22 Economic Development and Strategy to help local small businesses improve the quality
23 and effectiveness of their marketing to help reach a broader market.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
25 OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
27 as being true and correct and are hereby made a specific part of this Resolution upon
28 adoption hereof.
29 Section 2. The City Commission approves and authorizes the City Manager to
30 sign the Grant Agreements for the awarded grant recipients for the FY 2023-2024 Small
31 Business Marketing Grant program in an amount not to exceed $2,500.00 per applicant,
32 for a total of $45,000.00, a copy of each Agreement is attached hereto and incorporated
33 herein as Composite Exhibit "A."
S:\CC\WP\CCAGENDA\2024\01-16-2024 CC\R24-003 Marketing_And_Digital_Small_Business_Grant_Funding_l8_Various_2024__
_Reso_V2_Docx
34 Section 3. This Resolution shall become effective immediately upon passage.
35 PASSED AND ADOPTED this 16th day of January, 2024.
36 CITY OF BOYNTON BEACH, FLORIDA
37
38 YES NO
39
40 Mayor— Ty Penserga ✓
41
42 Vice Mayor— Thomas Turkin
43
44 Commissioner —Angela Cruz ✓
45
46 Commissioner— Woodrow L. Hay ✓
47
48 Commissioner— Aimee Kelley
49
50 VOTE
51
52
53
54 ATTEST:
55
AA.
56 l/I"'I 411111111V.. / AIIIF
57 TammySta-zione, C C Ty 'e -- •a
58 Deputy City Clerk Ma •
59
60 APPROVED AS TO FORM:
61 (Corporate Seal) __--
62 :"4� .........
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63 � � "hie. J.
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64 L ' Shawna G. Lamb
, t INCORPORATED; ; City Attorney
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S:\CC\WP\CCAGENDA\2024\01-16-2024 CC\R24-003 Marketing_And_Digital_Small_Business_Grant_Funding_18_Various_2024_-
_Reso V2_.Docx
CITY OF BOYNTON BEACH GRANT
AGREEMENT
THIS AGREEMENT is made thisQday of iA)tta , 2024, by and between the
CITY OF BOYNTON BEACH, a Florida municipal corporatio , hereinafter referred to as
"CITY," and Boynton Beach Dance Studio INC herei fter referred to as "Grantee."
WITNESSETH:
WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth
within the CITY's municipal boundaries; and
WHEREAS, The City of Boynton Beach Small Business Marketing Grant program
provides City funding to support new and existing small businesses with their marketing needs;
and
WHEREAS, the CITY has determined that it is in the public's best interest, and that it
serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms
of this Agreement.
WHEREAS, in order to justify the expenditure of public funds and secure the public's
interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into
this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations
pursuant to the CITY's grant program.
NOW,THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties hereby agree as follows:
I. GRANTEE'S PERFORMANCE OBLIGATIONS
A. GRANTEE agrees that it will perform the business activities as more specifically
set forth in GRANTEE's Grant Application. Representations contained in the
Application are deemed material representation of the GRANTEE and failure to
expend the grant funds as set forth in the CITY'S grant program constitutes a breach
of this Agreement. GRANTEE agrees that it is solely liable to the CITY for
performance under this Agreement, and that, in the event of default as solely
determined by the City, GRANTEE will, as more specifically set forth herein,
refund to the CITY monies paid pursuant to this Agreement.
1
III. DEFAULT/TERMINATION
A. In the event that a party fails to comply with the terms of this Contract, other than
payment of funds,then the non-defaulting party shall provide to the defaulting party
notice of the default and the defaulting party shall have ten (10) days within which
to initiate action to correct the default and thirty(30) days within which to cure the
default to the satisfaction of the non-defaulting party.
B. In the event that the defaulting party fails to cure the default, the non-defaulting
party shall have the right to terminate this Contract. The effective date of the
termination shall be the date of the notice of termination.
IV. REIMBURSEMENT REQUIREMENTS
GRANTEE agrees to submit the required reimbursement documents to the CITY within
the specific timeframe set forth in the CITY'S grant program.
V. GRANT AMOUNT
The total grant is $2,500.00 ($ ).
VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS
The CITY may have a financial system analysis and an internal fiscal control evaluation of
the GRANTEE performed by City staff or an independent auditing firm employed by the
CITY at any time the CITY deems necessary to determine the capability of the GRANTEE
to fiscally manage the grant award. Upon completion of all tasks contemplated under this
Agreement, copies of all documents and records relating to this Grant Agreement shall be
submitted to the CITY if requested.
VII. PERFORMANCE
Time is of the essence with regard to performance as set forth in this Agreement and failure
by GRANTEE to complete performance within the times specified, or within a reasonable
time if no time is specified herein, shall, at the option of the CITY without liability, in
addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under
this Agreement.
3
VIII. INDEMNIFICATION
The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its
agents, its employees and elected officer and each of them, free and harmless at all times
from and against any and all claims, liability, expenses, losses, costs, fines and damages,
including attorney's fees, and causes of action of every kind and character against and from
CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature
of this indemnification and hold harmless clause, and voluntarily makes this covenant and
expressly acknowledges the receipt of good and valuable consideration provided by the
CITY in support of this obligation in accordance with the laws of the State of Florida.
GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or
applications thereof, shall apply to the fullest extent permitted by law but in no event shall
they apply to liability caused by the negligence or willful misconduct of the CITY, its
respective agents, servant employees or officers, nor shall the liability limits set forth in
section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination
of the Agreement.
IX. AVAILABILITY OF FUNDS
The CITY's obligation to pay under this Agreement is contingent upon having funds
budgeted and appropriated by the City of Boynton Beach City Commission.
X. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and each
and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
{00306206.2306-9001821}C:\Program Files(X86)Weevia.Com\Docconverterpro\Temp WVDC\0AEE6562-AC48-430A-8055-5F649474FI 6C\Boynton
Beach.!6786.1.Grant_Agreensent_(00306206-2xc4b6a).Docx
XI. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
XII. FEES, COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys' fees, court costs and all expenses(including taxes)
even if not taxable as court costs (including, without limitation, all such fees, costs and
expenses incident to appeals), incurred in that action or proceeding, in addition to any other
relief to which such party or parties may be entitled, provided, however, that this clause
pertains only to the parties to this Agreement.
XII. SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement,or the application of such terms or provision,to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
XIV. ENTIRE AGREEMENT
The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement
between the parties,and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Agreement may be
added to,modified, superseded or otherwise altered,except by written instrument executed
by the parties hereto.
XV. NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested, and if sent to the CITY shall be mailed to:
John Durgan, Economic Development Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6014
Facsimile (561) 742-6011
with a copy to:
Shawna Lamb, City Attorney
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6051
Facsimile (561) 742-6011
and if sent to the GRANTEE shall be mailed to(current official address):
39:8 N. C`oN6,e‘ss /46 Sit- 3O1 32k reit),e,bA1, 9c2,‘
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year first above written.
CITY GRANTEE
900-N-AltN-A-YLAC-VCOACCe.,%k•5-010
7
By:
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Name: CLAA Maalf Tide:
ATTEST. ATTEST:
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APPROVED AS TO LEGAL FORM: lazy&
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CITY OF BOYNTON BEACH GRANT
AGREEMENT
THIS AGREEMENT is made this/t day of/ , 2024, by and between the
CITY OF BOYNTON BEACH, a Florida municipal corporat on, hereinafter referred to as
"CITY," and OMS Cleaning and Maintenance Group LLC hereinafter referred to as
"Grantee."
WITNESSETH:
WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth
within the CITY's municipal boundaries; and
WHEREAS, The City of Boynton Beach Small Business Marketing Grant
program provides City funding to support new and existing small businesses with their
marketing needs; and
WHEREAS, the CITY has determined that it is in the public's best interest, and that
it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the
terms of this Agreement.
WHEREAS, in order to justify the expenditure of public funds and secure the
public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to
enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its
obligations pursuant to the CITY's grant program.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties hereby agree as follows:
I. GRANTEE'S PERFORMANCE OBLIGATIONS
A. GRANTEE agrees that it will perform the business activities as more specifically
set forth in GRANTEE's Grant Application. Representations contained in the
Application are deemed material representation of the GRANTEE and failure to
expend the grant funds as set forth in the CITY'S grant program constitutes a breach
of this Agreement. GRANTEE agrees that it is solely liable to the CITY for
performance under this Agreement, and that, in the event of default as solely
determined by the City, GRANTEE will, as more specifically set forth herein,
refund to the CITY monies paid pursuant to this Agreement.
1
B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee
execution of its performance obligations under this Agreement, and that execution
of each of these performance obligations is consistent with GRANTEE's mission.
II. PAYMENT PROCEDURES, CONDITIONS
A. The Grant funds available pursuant to this Agreement will be paid by the CITY to
the GRANTEE only after the GRANTEE provides the documentation as required
by the CITY.
B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the
CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the
funds upon giving written notice to the GRANTEE, and/or terminate this
Agreement and the CITY shall have no further funding obligation to the GRANTEE
under this Agreement.
C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful
receipt of funds, including unlawful and/or unauthorized receipt of funds
discovered after the expiration of this Agreement. The GRANTEE shall also be
liable to reimburse the CITY for any lost or stolen funds.
D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for
any reason, any remaining unpaid portion of this Agreement shall be retained by
the CITY and the CITY shall have no further funding obligation to GRANTEE with
regard to those unpaid funds. The determination that the GRANTEE has ceased or
suspended its operation shall be made solely by the CITY and GRANTEE, its
successors or assigns in interest, agrees to be bound by the CITY's determination.
E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be
repaid by delivering to the CITY a cashier's check for the total amount due payable
to the City of Boynton Beach within thirty (30)days of the CITY's demand.
F. All corporate or partnership officers and members of GRANTEE are individually
and severally responsible for refunding grant funds to the CITY in the event of a
default.
G. The above provisions do not waive any rights of the CITY or preclude the CITY
from pursuing any other remedy which may be available to it under law. Nothing
contained herein shall act as a limitation of the CITY's right to be repaid in the event
the GRANTEE fails to comply with the terms of this Agreement.
2
III. DEFAULT/TERMINATION
A. In the event that a party fails to comply with the terms of this Contract, other than
payment of funds,then the non-defaulting party shall provide to the defaulting party
notice of the default and the defaulting party shall have ten (10)days within which
to initiate action to correct the default and thirty(30) days within which to cure the
default to the satisfaction of the non-defaulting party.
B. In the event that the defaulting party fails to cure the default, the non-defaulting
party shall have the right to terminate this Contract. The effective date of the
termination shall be the date of the notice of termination.
IV. REIMBURSEMENT REQUIREMENTS
GRANTEE agrees to submit the required reimbursement documents to the CITY within
the specific timeframe set forth in the CITY'S grant program.
V. GRANT AMOUNT
The total grant is tA 2,500.00 ($ ).
VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS
The CITY may have a financial system analysis and an internal fiscal control evaluation of
the GRANTEE performed by City staff or an independent auditing firm employed by the
CITY at any time the CITY deems necessary to determine the capability of the GRANTEE
to fiscally manage the grant award. Upon completion of all tasks contemplated under this
Agreement, copies of all documents and records relating to this Grant Agreement shall be
submitted to the CITY if requested.
VII. PERFORMANCE
Time is of the essence with regard to performance as set forth in this Agreement and failure
by GRANTEE to complete performance within the times specified, or within a reasonable
time if no time is specified herein, shall, at the option of the CITY without liability, in
addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under
this Agreement.
3
VIII. INDEMNIFICATION
The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its
agents, its employees and elected officer and each of them, free and harmless at all times
from and against any and all claims, liability, expenses, losses, costs, fines and damages,
including attorney's fees, and causes of action of every kind and character against and from
CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature
of this indemnification and hold harmless clause, and voluntarily makes this covenant and
expressly acknowledges the receipt of good and valuable consideration provided by the
CITY in support of this obligation in accordance with the laws of the State of Florida.
GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or
applications thereof, shall apply to the fullest extent permitted by law but in no event shall
they apply to liability caused by the negligence or willful misconduct of the CITY, its
respective agents, servant employees or officers, nor shall the liability limits set forth in
section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination
of the Agreement.
IX. AVAILABILITY OF FUNDS
The CITY's obligation to pay under this Agreement is contingent upon having funds
budgeted and appropriated by the City of Boynton Beach City Commission.
X. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and each
and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
100306206.2 306-9001821}C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\OAEE6562-AC48-430A-8055-5F649474FI6C\Boynton
Beach 16786.1.6rant_Agreement_(00306206-2xc4b6a).Docx
XI. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
XII. FEES, COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes)
even if not taxable as court costs (including, without limitation, all such fees, costs and
expenses incident to appeals), incurred in that action or proceeding, in addition to any other
relief to which such party or parties may be entitled, provided, however, that this clause
pertains only to the parties to this Agreement.
XII. SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement,or the application of such terms or provision,to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
XIV. ENTIRE AGREEMENT
The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement
between the parties,and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Agreement may be
added to,modified, superseded or otherwise altered,except by written instrument executed
by the parties hereto.
XV. NOTICE
All notice required in this Agreement shall be sent by.. certified mail, return receipt
requested, and if sent to the CITY shall be mailed to:
John Durgan, Economic Development Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6014
Facsimile (561) 742-6011
with a copy to:
Shawna Lamb, City Attorney
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6051
Facsimile(561) 742-6011
and if sent to the GRANTEE shall be mailed to (current official address):
4•iSNA 3' '°C T d-t//d, /3a tiThA)&(/ 'L 33VJ, -"
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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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CITY OF BOYNTON BEACH GRANT
AGREEMENT
THIS AGREEMENT is made thisday of , 2024, by and between the
CITY OF BOYNTON BEACH, alori a intik'mmunicipal corporate n, hereinafter referred to as
"CITY," and Lux Realty Group SF LLC hereinafter referred to as "Grantee."
WITNESSETH:
WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth
within the CITY's municipal boundaries; and
WHEREAS, The City of Boynton Beach Small Business Marketing Grant program
provides City funding to support new and existing small businesses with their marketing needs;
and
WHEREAS, the CITY has determined that it is in the public's best interest, and that it
serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms
of this Agreement.
WHEREAS, in order to justify the expenditure of public funds and secure the public's
interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into
this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations
pursuant to the CITY's grant program.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties hereby agree as follows:
I. GRANTEE'S PERFORMANCE OBLIGATIONS
A. GRANTEE agrees that it will perform the business activities as more specifically
set forth in GRANTEE's Grant Application. Representations contained in the
Application are deemed material representation of the GRANTEE and failure to
expend the grant funds as set forth in the CITY'S grant program constitutes a breach
of this Agreement. GRANTEE agrees that it is solely liable to the CITY for
performance under this Agreement, and that, in the event of default as solely
determined by the City, GRANTEE will, as more specifically set forth herein,
refund to the CITY monies paid pursuant to this Agreement.
1
B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee
execution of its performance obligations under this Agreement, and that execution
of each of these performance obligations is consistent with GRANTEE's mission.
II. PAYMENT PROCEDURES, CONDITIONS
A. The Grant funds available pursuant to this Agreement will be paid by the CITY to
the GRANTEE only after the GRANTEE provides the documentation as required
by the CITY.
B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the
CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the
funds upon giving written notice to the GRANTEE, and/or terminate this
Agreement and the CITY shall have no further funding obligation to the GRANTEE
under this Agreement.
C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful
receipt of funds, including unlawful and/or unauthorized receipt of funds
discovered after the expiration of this Agreement. The GRANTEE shall also be
liable to reimburse the CITY for any lost or stolen funds.
D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for
any reason, any remaining unpaid portion of this Agreement shall be retained by
the CITY and the CITY shall have no further funding obligation to GRANTEE with
regard to those unpaid funds. The determination that the GRANTEE has ceased or
suspended its operation shall be made solely by the CITY and GRANTEE, its
successors or assigns in interest, agrees to be bound by the CITY's determination.
E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be
repaid by delivering to the CITY a cashier's check for the total amount due payable
to the City of Boynton Beach within thirty (30) days of the CITY's demand.
F. All corporate or partnership officers and members of GRANTEE are individually
and severally responsible for refunding grant funds to the CITY in the event of a
default.
G. The above provisions do not waive any rights of the CITY or preclude the CITY
from pursuing any other remedy which may be available to it under law. Nothing
contained herein shall act as a limitation of the CITY's right to be repaid in the event
the GRANTEE fails to comply with the terms of this Agreement.
2
III. DEFAULT/TERMINATION
A. In the event that a party fails to comply with the terms of this Contract, other than
payment of funds,then the non-defaulting party shall provide to the defaulting party
notice of the default and the defaulting party shall have ten (10) days within which
to initiate action to correct the default and thirty (30) days within which to cure the
default to the satisfaction of the non-defaulting party.
B. In the event that the defaulting party fails to cure the default, the non-defaulting
party shall have the right to terminate this Contract. The effective date of the
termination shall be the date of the notice of termination.
IV. REIMBURSEMENT REQUIREMENTS
GRANTEE agrees to submit the required reimbursement documents to the CITY within
the specific timeframe set forth in the CITY'S grant program.
V. GRANT AMOUNT
The total grant is 4t oa) SUo . 00 ($ ).
VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS
The CITY may have a financial system analysis and an internal fiscal control evaluation of
the GRANTEE performed by City staff or an independent auditing firm employed by the
CITY at any time the CITY deems necessary to determine the capability of the GRANTEE
to fiscally manage the grant award. Upon completion of all tasks contemplated under this
Agreement, copies of all documents and records relating to this Grant Agreement shall be
submitted to the CITY if requested.
VII. PERFORMANCE
Time is of the essence with regard to performance as set forth in this Agreement and failure
by GRANTEE to complete performance within the times specified, or within a reasonable
time if no time is specified herein, shall, at the option of the CITY without liability, in
addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under
this Agreement.
3
VIII. INDEMNIFICATION
The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its
agents, its employees and elected officer and each of them, free and harmless at all times
from and against any and all claims, liability, expenses, losses, costs, fines and damages,
including attorney's fees, and causes of action of every kind and character against and from
CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature
of this indemnification and hold harmless clause, and voluntarily makes this covenant and
expressly acknowledges the receipt of good and valuable consideration provided by the
CITY in support of this obligation in accordance with the laws of the State of Florida.
GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or
applications thereof, shall apply to the fullest extent permitted by law but in no event shall
they apply to liability caused by the negligence or willful misconduct of the CITY, its
respective agents, servant employees or officers, nor shall the liability limits set forth in
section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination
of the Agreement.
IX. AVAILABILITY OF FUNDS
The CITY's obligation to pay under this Agreement is contingent upon having funds
budgeted and appropriated by the City of Boynton Beach City Commission.
X. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and each
and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
{00306206.2 306.90018211 C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\0AEE6562-AC48-430A-8055-5F649474F16C\Boynton
Beach.16786.I.Grant_Agreement_(00306206-2xc4b6a).Docx
XI. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
XII. FEES, COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys'fees, court costs and all expenses(including taxes)
even if not taxable as court costs (including, without limitation, all such fees, costs and
expenses incident to appeals),incurred in that action or proceeding,in addition to any other
relief to which such party or parties may be entitled, provided, however, that this clause
pertains only to the parties to this Agreement.
XII. SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement,or the application of such terms or provision,to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
XIV. ENTIRE AGREEMENT •
The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement
between the parties,and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Agreement may be
added to,modified, superseded or otherwise altered, except by written instrument executed
by the parties hereto.
XV. NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested, and if sent to the CITY shall be mailed to:
John Durgan, Economic Development Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6014
Facsimile (561) 742-6011
with a copy to:
Shawna Lamb, City Attorney
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6051
Facsimile (561) 742-6011
and if sent to the GRANTEE shall be mailed to (current official address):
2755 S Federal Hwy#19 Boynton Beach,Fl 33435
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
and year first above written.
CITY GRANTEE
Lux Realty Group SF LLC
By: /.�� By: I s B,°oarz"v43'iA1PST
i. L Ba.LPNv-03RtJWH1
Print: •' 1 _!' � %� Print:Daniel Alexis
Name: a rf ' 11'7 Title:Owner
A ST: ATTEST:
dPve•R�
(/�yy�/�. 01/22/24 12:43 PM EST
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Mayl e Jesus, Ci• Clerk Print Name: Jeremy Charles
Title:
APPROVED AS TO LEGAL FORM:
BOYA/p.0., (CORPORATE SEAL)
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CITY OF BOYNTON BEACH GRANT
AGREEMENT
THIS AGREEMENT is made this,30 'day of , 2024, by and between the CITY
OF BOYNTON BEACH, a Florida municipal orporation, hereinafter referred to as
"CITY," and GRFoods Enterprises LLC hereinafter referred to as "Grantee."
WITNESSETH:
WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth
within the CITY's municipal boundaries; and
WHEREAS, The City of Boynton Beach Small Business Marketing Grant program
provides City funding to support new and existing small businesses with their marketing needs;
and
WHEREAS, the CITY has determined that it is in the public's best interest, and that it
serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms
of this Agreement.
WHEREAS, in order to justify the expenditure of public funds and secure the public's
interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into
this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations
pursuant to the CITY's grant program.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties hereby agree as follows:
I. GRANTEE'S PERFORMANCE OBLIGATIONS
A. GRANTEE agrees that it will perform the business activities as more specifically
set forth in GRANTEE's Grant Application. Representations contained in the
Application are deemed material representation of the GRANTEE and failure to
expend the grant funds as set forth in the CITY'S grant program constitutes a breach
of this Agreement. GRANTEE agrees that it is solely liable to the CITY for
performance under this Agreement, and that, in the event of default as solely
determined by the City, GRANTEE will, as more specifically set forth herein,
refund to the CITY monies paid pursuant to this Agreement.
1
B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee
execution of its performance obligations under this Agreement, and that execution
of each of these performance obligations is consistent with GRANTEE's mission.
H. PAYMENT PROCEDURES, CONDITIONS
A. The Grant funds available pursuant to this Agreement will be paid by the CITY to
the GRANTEE only after the GRANTEE provides the documentation as required
by the CITY.
B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the
CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the
funds upon giving written notice to the GRANTEE, and/or terminate this
Agreement and the CITY shall have no further funding obligation to the GRANTEE
under this Agreement.
C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful
receipt of funds, including unlawful and/or unauthorized receipt of funds
discovered after the expiration of this Agreement. The GRANTEE shall also be
liable to reimburse the CITY for any lost or stolen funds.
D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for
any reason, any remaining unpaid portion of this Agreement shall be retained by
the CITY and the CITY shall have no further funding obligation to GRANTEE with
regard to those unpaid funds. The determination that the GRANTEE has ceased or
suspended its operation shall be made solely by the CITY and GRANTEE, its
successors or assigns in interest, agrees to be bound by the CITY's determination.
E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be
repaid by delivering to the CITY a cashier's check for the total amount due payable
to the City of Boynton Beach within thirty(30) days of the CITY's demand.
F. All corporate or partnership officers and members of GRANTEE are individually
and severally responsible for refunding grant funds to the CITY in the event of a
default.
G. The above provisions do not waive any rights of the CITY or preclude the CITY
from pursuing any other remedy which may be available to it under law. Nothing
contained herein shall act as a limitation of the CITY's right to be repaid in the event
the GRANTEE fails to comply with the terms of this Agreement.
2
III. DEFAULT/TERMINATION
A. In the event that a party fails to comply with the terms of this Contract, other than
payment of funds,then the non-defaulting party shall provide to the defaulting party
notice of the default and the defaulting party shall have ten (10) days within which
to initiate action to correct the default and thirty(30) days within which to cure the
default to the satisfaction of the non-defaulting party.
B. In the event that the defaulting party fails to cure the default, the non-defaulting
party shall have the right to terminate this Contract. The effective date of the
termination shall be the date of the notice of termination.
IV. REIMBURSEMENT REQUIREMENTS
GRANTEE agrees to submit the required reimbursement documents to the CITY within
the specific timeframe set forth in the CITY'S grant program.
V. GRANT AMOUNT
The total grant is 2,500.00 ($ ).
VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS
The CITY may have a financial system analysis and an internal fiscal control evaluation of
the GRANTEE performed by City staff or an independent auditing firm employed by the
CITY at any time the CITY deems necessary to determine the capability of the GRANTEE
to fiscally manage the grant award. Upon completion of all tasks contemplated under this
Agreement, copies of all documents and records relating to this Grant Agreement shall be
submitted to the CITY if requested.
VII. PERFORMANCE
Time is of the essence with regard to performance as set forth in this Agreement and failure
by GRANTEE to complete performance within the times specified, or within a reasonable
time if no time is specified herein, shall, at the option of the CITY without liability, in
addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under
this Agreement.
3
VIII. INDEMNIFICATION
The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its
agents, its employees and elected officer and each of them, free and harmless at all times
from and against any and all claims, liability, expenses, losses, costs, fines and damages,
including attorney's fees, and causes of action of every kind and character against and from
CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature
of this indemnification and hold harmless clause, and voluntarily makes this covenant and
expressly acknowledges the receipt of good and valuable consideration provided by the
CITY in support of this obligation in accordance with the laws of the State of Florida.
GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or
applications thereof, shall apply to the fullest extent permitted by law but in no event shall
they apply to liability caused by the negligence or willful misconduct of the CITY, its
respective agents, servant employees or officers, nor shall the liability limits set forth in
section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination
of the Agreement.
IX. AVAILABILITY OF FUNDS
The CITY's obligation to pay under this Agreement is contingent upon having funds
budgeted and appropriated by the City of Boynton Beach City Commission.
X. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and each
and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
(00306206.2 306-9001821)C:\Program Files(X86)Weevia.Com\Docconvenerpro\Temp\NVDC\0AEE6562-AC48-430A-8055-5F649474F16C\Boynton
Beach.16786.1.Grant_Agreement_(00306206-2xc4b6a).Docx
XI. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
XII. FEES, COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys' fees, court costs and all expenses(including taxes)
even if not taxable as court costs (including, without limitation, all such fees, costs and
expenses incident to appeals),incurred in that action or proceeding,in addition to any other
relief to which such party or parties may be entitled, provided, however, that this clause
pertains only to the parties to this Agreement.
XII. SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such terms or provision,to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
XIV. ENTIRE AGREEMENT
The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement
between the parties,and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Agreement may be
added to,modified, superseded or otherwise altered,except by written instrument executed
by the parties hereto.
XV. NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested, and if sent to the CITY shall be mailed to:
John Durgan, Economic Development Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6014
Facsimile (561) 742-6011
with a copy to:
Shawna Lamb, City Attorney
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6051
Facsimile (561) 742-601 1
and if sent to the GRANTEE shall be mailed to (current official address):
33 iu CAD PU5 Ss ,4vco7A/14,K) •Cpri,S4 R 33cf 2C
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
and year first above written.
CITY GRANTEE
61 it.i:0 oci 5 E-AACA PA:stns GC,c-
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By: 1 /ik By: _ .c ` --
Frunt: n �, �I�� Print: edwi 7 ....i.•
Name: t •�ii►niTITltird Title: 0 c4 4 E1r-
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Mayle:D: esus, ty -rk Print Name: 4 44_.,., 2o4to—_'
Title: I'ii 4t A/45 c.....
APPROVED AS TO LEGAL FORM:
(CORPORATE SEAL)
d./.4)ig j. 06/114
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Office of the City Attorney �..o�eoRar£••.;9.,-11
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CITY OF BOYNTON BEACH GRANT
AGREEMENT
THIS AGREEMENT is made thi jt day of safari ,2024,by and between the
CITY OF BOYNTON BEACH, a Florida municipal corporate , hereinafter referred to as
"CITY,"and Little Angels Home Daycare LLC hereinafter referred to as"Grantee."
WITNESSETH:
WHEREAS,it is the policy of the CITY to stimulate and encourage economic growth
within the CITY's municipal boundaries;and
WHEREAS, The City of Boynton Beach Small Business Marketing Grant program
provides City funding to support new and existing small businesses with their marketing needs;
and
WHEREAS,the CITY has determined that it is in the public's best interest, and that it
serves a municipal and public purpose,to award a grant to the GRANTEE pursuant to the terms
of this Agreement.
WHEREAS, in order to justify the expenditure of public funds and secure the public's
interest in the GRANTEE's fulfillment of its obligations,it is the intent of the CITY to enter into
this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations
pursuant to the CITY's grant program.
NOW, THEREFORE, in consideration of the premises and mutual covenants
hereinafter contained,the parties hereby agree as follows:
I. GRANTEE'S PERFORMANCE OBLIGATIONS
A.GRANTEE agrees that it will perform the business activities as more specifically set
forth in GRANTEE's Grant Application. Representations contained in the
Application are deemed material representation of the GRANTEE and failure to
expend the grant funds as set forth in the CITY'S grant program constitutes a
breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY
for performance under this Agreement,and that,in the event of default as solely
determined by the City, GRANTEE will, as more specifically set forth herein,
refund to the CITY monies paid pursuant to this Agreement.
B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee
execution of its performance obligations under this Agreement,and that execution
of each of these performance obligations is consistent with GRANTEE's mission.
II. PAYMENT PROCEDURES,CONDITIONS
A.The Grant funds available pursuant to this Agreement will be paid by the CITY to the
GRANTEE only after the GRANTEE provides the documentation as required by
the CITY.
B. If the GRANTEE fails to comply with any of the provisions of this Agreement,the
CITY may withhold,temporarily or permanently,all,or any,unpaid portion of the
funds upon giving written notice to the GRANTEE, and/or terminate this
Agreement and the CITY shall have no further funding obligation to the
GRANTEE under this Agreement.
C.The GRANTEE shall repay the CITY for all unauthorized,illegal or unlawful receipt
of funds,including unlawful and/or unauthorized receipt of funds discovered after
the expiration of this Agreement. The GRANTEE shall also be liable to
reimburse the CITY for any lost or stolen funds.
D.In the event the GRANTEE ceases to exist,or ceases or suspends its operation for any
reason,any remaining unpaid portion of this Agreement shall be retained by the
CITY and the CITY shall have no further funding obligation to GRANTEE with
regard to those unpaid funds. The determination that the GRANTEE has ceased
or suspended its operation shall be made solely by the CITY and GRANTEE,its
successors or assigns in interest,agrees to be bound by the CITY's determination.
E.Funds which are to be repaid to the CITY pursuant to this Agreement,are to be repaid
by delivering to the CITY a cashier's check for the total amount due payable to the
City of Boynton Beach within thirty(30)days of the CITY's demand.
F.All corporate or partnership officers and members of GRANTEE are individually and
severally responsible for refunding grant funds to the CITY in the event of a
default.
G.The above provisions do not waive any rights of the CITY or preclude the CITY from
pursuing any other remedy which may be available to it under law. Nothing
contained herein shall act as a limitation of the CITY's right to be repaid in the
event the GRANTEE fails to comply with the terms of this Agreement.
III. DEFAULT/TERMINATION
A. In the event that a party fails to comply with the terms of this Contract, other than
payment of funds, then the non-defaulting party shall provide to the defaulting
party notice of the default and the defaulting party shall have ten(10)days within
which to initiate action to correct the default and thirty(30)days within which to
cure the default to the satisfaction of the non-defaulting party.
B.In the event that the defaulting party fails to cure the default,the non-defaulting party
shall have the right to terminate this Contract. The effective date of the
termination shall be the date of the notice of termination.
IV. REIMBURSEMENT REQUIREMENTS
GRANTEE agrees to submit the required reimbursement documents to the CITY within
the specific timeframe set forth in the CITY'S grant program.
V. GRANT AMOUNT
The total grant is two thousand five hundred 1$_2,500.00_).
VI. FINANCIAL ACCOUNTABILITY,REPORTS AND AUDITS
The CITY may have a financial system analysis and an internal fiscal control evaluation
of the GRANTEE performed by City staff or an independent auditing firm employed by
the CITY at any time the CITY deems necessary to determine the capability of the
GRANTEE to fiscally manage the grant award. Upon completion of all tasks
contemplated under this Agreement,copies of all documents and records relating to this
Grant Agreement shall be submitted to the CITY if requested.
VII. PERFORMANCE
Time is of the essence with regard to performance as set forth in this Agreement and
failure by GRANTEE to complete performance within the times specified, or within a
reasonable time if no time is specified herein, shall, at the option of the CITY without
liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any
obligation under this Agreement.
1003061062306.90118211CPmpnm Fib(X26)Necw.Cem Docconverterprtaemp NVDCUALE6562-00611-4300-8055-51,6494731-16C1loymm
Bes6 167861 Gryu_Apeeees_(00306206-2ad660)Don
1
VIII. INDEMNIFICATION
The GRANTEE agrees to protect,defend,reimburse,indemnify and hold the CITY, its
agents,its employees and elected officer and each of them,free and harmless at all times
from and against any and all claims,liability,expenses,losses,costs,fines and damages,
including attorney's fees, and causes of action of every kind and character against and
from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad
nature of this indemnification and hold harmless clause, and voluntarily makes this
covenant and expressly acknowledges the receipt of good and valuable consideration
provided by the CITY in support of this obligation in accordance with the laws of the
State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or
portions or applications thereof,shall apply to the fullest extent permitted by law but in
no event shall they apply to liability caused by the negligence or willful misconduct of the
CITY,its respective agents,servant employees or officers,nor shall the liability limits set
forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the
termination of the Agreement.
IX. AVAILABILITY OF FUNDS
The CITY's obligation to pay under this Agreement is contingent upon having funds
budgeted and appropriated by the City of Boynton Beach City Commission.
X. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Palm Beach County. No
remedy herein conferred upon any party is intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. No single or partial exercise by any party of any right,power,or
remedy hereunder shall preclude any other or further exercise thereof.
166706206230696018211C,Pnis m Fib U(8612kswlmtDoccmvenerpo,TmeNVIX'OAkF.4562-AC/8J30A-HOSSSF649T7IF16C9olsai
Bei 16786.1 Gt.AP000m10011162062xc/666)Don
Xl. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally
during employment without regard to race, color, religion, disability, sex, age, national
origin,ancestry,marital status,or sexual orientation.
XII. FEES,COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute,breach,default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys' fees, court costs and all expenses (including
taxes)even if not taxable as court costs(including,without limitation,all such fees,costs
and expenses incident to appeals),incurred in that action or proceeding,in addition to any
other relief to which such party or parties may be entitled,provided, however, that this
clause pertains only to the parties to this Agreement.
XII.SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall,to any extent,be held invalid or unenforceable,the remainder of this
Agreement, or the application of such terms or provision, to persons or circumstances
other than those as to which it is held invalid or unenforceable,shall not be affected,and
every other term and provision of this Agreement shall be deemed valid and enforceable
to the extent permitted by law.
XIV. ENTIRE AGREEMENT
The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement
between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions,terms and conditions contained in this Agreement .
may be added to,modified,superseded or otherwise altered,except by written instrument
executed by the parties hereto.
XV.NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested,and if sent to the CITY shall be mailed to:
John Durgan,Economic Development Manager
City of Boynton Beach
P.O.Box 310
Boynton Beach,FL 33425
Telephone No.(561)742-6014
Facsimile(561)742-6011
with a copy to:
Shawna Lamb,City Attorney
P.O.Box 310
Boynton Beach,FL 33425
Telephone No.(561)742-6051
Facsimile(561)742-6011
and if sent to the GRANTEE shall be mailed to(current official address):
_236 SW 8m AVE Boynton Beach,FL 33435_
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year first above written.
CITY GRANTEE
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Print: � !/ ;, Print: FI Cit Chnller
Name: Title: DM(
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Maylee ffiliZEMIEMIMIlPrint Name: S t i r 1 t l
Title: 1
APPROVE."TO LEGAL FORM:
(CORPORATE SEAL)
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Office of the City Attorney
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CITY OF BOYNTON BEACH GRANT
AGREEMENT
THIS AGREEMENT is made this day of Tatlilaiti , 2024, by and between the
CITY OF BOYNTON BEACH, a Florida YP
municipal corporation, hereinafter referred to as
P
"CITY," and Cool Nick Air Conditioning, Inc. hereinafter referred to as "Grantee."
WITNESSETH:
WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth
within the CITY's municipal boundaries; and
WHEREAS, The City of Boynton Beach Small Business Marketing Grant program
provides City funding to support new and existing small businesses with their marketing needs;
and
WHEREAS, the CITY has determined that it is in the public's best interest, and that it
serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms
of this Agreement.
WHEREAS, in order to justify the expenditure of public funds and secure the public's
interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into
this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations
pursuant to the CITY's grant program.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties hereby agree as follows:
I. GRANTEE'S PERFORMANCE OBLIGATIONS
A. GRANTEE agrees that it will perform the business activities as more specifically
set forth in GRANTEE's Grant Application. Representations contained in the
Application are deemed material representation of the GRANTEE and failure to
expend the grant funds as set forth in the CITY'S grant program constitutes a breach
of this Agreement. GRANTEE agrees that it is solely liable to the CITY for
performance under this Agreement, and that, in the event of default as solely
determined by the City, GRANTEE will, as more specifically set forth herein,
refund to the CITY monies paid pursuant to this Agreement.
B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee
execution of its performance obligations under this Agreement, and that execution
of each of these performance obligations is consistent with GRANTEE's mission.
II. PAYMENT PROCEDURES,CONDITIONS
A. The Grant funds available pursuant to this Agreement will be paid by the CITY to
the GRANTEE only after the GRANTEE provides the documentation as required
by the CITY.
B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the
CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the
funds upon giving written notice to the GRANTEE, and/or terminate this
Agreement and the CITY shall have no further funding obligation to the GRANTEE
under this Agreement.
C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful
receipt of funds, including unlawful and/or unauthorized receipt of funds
discovered after the expiration of this Agreement. The GRANTEE shall also be
liable to reimburse the CITY for any lost or stolen funds.
D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for
any reason, any remaining unpaid portion of this Agreement shall be retained by
the CITY and the CITY shall have no further funding obligation to GRANTEE with
regard to those unpaid funds. The determination that the GRANTEE has ceased or
suspended its operation shall be made solely by the CITY and GRANTEE, its
successors or assigns in interest, agrees to be bound by the CITY's determination.
E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be
repaid by delivering to the CITY a cashier's check for the total amount due payable
to the City of Boynton Beach within thirty (30)days of the CITY's demand.
F. All corporate or partnership officers and members of GRANTEE are individually
and severally responsible for refunding grant funds to the CITY in the event of a
default.
G. The above provisions do not waive any rights of the CITY or preclude the CITY
from pursuing any other remedy which may be available to it under law. Nothing
contained herein shall act as a limitation of the CITY's right to be repaid in the event
the GRANTEE fails to comply with the terms of this Agreement.
2
III. DEFAULT/TERMINATION
A. In the event that a party fails to comply with the terms of this Contract, other than
payment of funds,then the non-defaulting party shall provide to the defaulting party
notice of the default and the defaulting party shall have ten(10)days within which
to initiate action to correct the default and thirty (30) days within which to cure the
default to the satisfaction of the non-defaulting party.
B. In the event that the defaulting party fails to cure the default, the non-defaulting
party shall have the right to terminate this Contract. The effective date of the
termination shall be the date of the notice of termination.
IV. REIMBURSEMENT REQUIREMENTS
GRANTEE agrees to submit the required reimbursement documents to the CITY within
the specific timeframe set forth in the CITY'S grant program.
V. GRANT AMOUNT
The total grant is $ 2 , 500. 00 ,$
VI. FINANCIAL ACCOUNTABILITY,REPORTS AND AUDITS
The CITY may have a financial system analysis and an internal fiscal control evaluation of
the GRANTEE performed by City staff or an independent auditing firm employed by the
CITY at any time the CITY deems necessary to determine the capability of the GRANTEE
to fiscally manage the grant award. Upon completion of all tasks contemplated under this
Agreement, copies of all documents and records relating to this Grant Agreement shall be
submitted to the CITY if requested.
VII. PERFORMANCE
Time is of the essence with regard to performance as set forth in this Agreement and failure
by GRANTEE to complete performance within the times specified, or within a reasonable
time if no time is specified herein, shall, at the option of the CITY without liability, in
addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under
this Agreement.
3
VIII. INDEMNIFICATION
The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its
agents, its employees and elected officer and each of them, free and harmless at all times
from and against any and all claims, liability, expenses, losses, costs, fines and damages,
including attorney's fees, and causes of action of every kind and character against and from
CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature
of this indemnification and hold harmless clause, and voluntarily makes this covenant and
expressly acknowledges the receipt of good and valuable consideration provided by the
CITY in support of this obligation in accordance with the laws of the State of Florida.
GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or
applications thereof, shall apply to the fullest extent permitted by law but in no event shall
they apply to liability caused by the negligence or willful misconduct of the CITY, its
respective agents, servant employees or officers, nor shall the liability limits set forth in
section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination
of the Agreement.
IX. AVAILABILITY OF FUNDS
The CITY's obligation to pay under this Agreement is contingent upon having funds
budgeted and appropriated by the City of Boynton Beach City Commission.
X. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy,and each
and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
100306206.2 306-9001821)C\program Filet(X86)\Neevia.Com\Doccoaverterpro\Temp\NVDC 0AFE6562-AC48-430A-8055-5F649474F160Boynton
Beach.16786.1 Gram_Agremrent_(00306206-2xc4b6a).Door
XL CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
XII. FEES,COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys' fees, court costs and all expenses(including taxes)
even if not taxable as court costs (including, without limitation, all such fees, costs and
expenses incident to appeals),incurred in that action or proceeding,in addition to any other
relief to which such party or parties may be entitled, provided, however, that this clause
pertains only to the parties to this Agreement.
XII. SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement,or the application of such terms or provision,to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
XIV. ENTIRE AGREEMENT
The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement
between the parties,and that there are no promises or understandings other than those stated
herein. None of the provisions,terms and conditions contained in this Agreement may be
added to,modified,superseded or otherwise altered,except by written instrument executed
by the parties hereto.
XV. NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested, and if sent to the CITY shall be mailed to:
John Durgan, Economic Development Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6014
Facsimile(561) 742-6011
with a copy to:
Shawna Lamb, City Attorney
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6051
Facsimile (561) 742-6011
and if sent to the GRANTEE shall be mailed to (current official address):
9,q56 Comrnme Park tDri ve Ra9 -1-
r5c, ri tin 'afea. hi FL 33 ad, 2 Co
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
and year first above written.
CITY GRANTEE
Coon Ni-cv, Ar Obocidioni vy , Tr)(-- •
By: ----i---
— By: �!i, _ �
Printr-DRfiiCI ... i , print: ,, tiol a► Veil is a uel"
Name: 1 it. _ \ Title: Y et-
1
• STA ATTEST:
,.►_J • tlIl viz
_
Mayl J; Jesus, City,'lerk Print Name: A' a n 4 `. di
j Title: Pres( e 0
APPROVED AS TO LEGAL FORM:
4
O,�NT OI�j B4‘0\ (CORPORATE SEAL)
�lG�1u �6 :O.:QP , ...1-%
Office of the City Attorney f•
SOPA Pg_o• S
il :.1NC-R 4C .it it 19
%\ FLOO_
```
CITY OF BOYNTON BEACH GRANT
AGREEMENT
THIS AGREEMENT is made this 'day of Ct/1(/ , 2024, by and between the
CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as
"CITY," and DLS Senior Services LLC hereinafter referred to as
"Grantee."
WITNESSETH:
WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth
within the CITY's municipal boundaries; and
WHEREAS, The City of Boynton Beach Small Business Marketing Grant
program provides City funding to support new and existing small businesses with their
marketing needs; and
WHEREAS, the CITY has determined that it is in the public's best interest, and that
it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the
terms of this Agreement.
WHEREAS, in order to justify the expenditure of public funds and secure the
public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to
enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its
obligations pursuant to the CITY's grant program.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties hereby agree as follows:
I. GRANTEE'S PERFORMANCE OBLIGATIONS
A. GRANTEE agrees that it will perform the business activities as more specifically
set forth in GRANTEE's Grant Application. Representations contained in the
Application are deemed material representation of the GRANTEE and failure to
expend the grant funds as set forth in the CITY'S grant program constitutes a breach
of this Agreement. GRANTEE agrees that it is solely liable to the CITY for
performance under this Agreement, and that, in the event of default as solely
determined by the City, GRANTEE will, as more specifically set forth herein,
refund to the CITY monies paid pursuant to this Agreement.
1
B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee
execution of its performance obligations under this Agreement, and that execution
of each of these performance obligations is consistent with GRANTEE's mission.
II. PAYMENT PROCEDURES, CONDITIONS
A. The Grant funds available pursuant to this Agreement will be paid by the CITY to
the GRANTEE only after the GRANTEE provides the documentation as required
by the CITY.
B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the
CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the
funds upon giving written notice to the GRANTEE, and/or terminate this
Agreement and the CITY shall have no further funding obligation to the GRANTEE
under this Agreement.
C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful
receipt of funds, including unlawful and/or unauthorized receipt of funds
discovered after the expiration of this Agreement. The GRANTEE shall also be
liable to reimburse the CITY for any lost or stolen funds.
D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for
any reason, any remaining unpaid portion of this Agreement shall be retained by
the CITY and the CITY shall have no further funding obligation to GRANTEE with
regard to those unpaid funds. The determination that the GRANTEE has ceased or
suspended its operation shall be made solely by the CITY and GRANTEE, its
successors or assigns in interest, agrees to be bound by the CITY's determination.
E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be
repaid by delivering to the CITY a cashier's check for the total amount due payable
to the City of Boynton Beach within thirty (30) days of the CITY's demand.
F. All corporate or partnership officers and members of GRANTEE are individually
and severally responsible for refunding grant funds to the CITY in the event of a
default.
G. The above provisions do not waive any rights of the CITY or preclude the CITY
from pursuing any other remedy which may be available to it under law. Nothing
contained herein shall act as a limitation of the CITY's right to be repaid in the event
the GRANTEE fails to comply with the terms of this Agreement.
2
III. DEFAULT/TERMINATION
A. In the event that a party fails to comply with the terms of this Contract, other than
payment of funds,then the non-defaulting party shall provide to the defaulting party
notice of the default and the defaulting party shall have ten (10) days within which
to initiate action to correct the default and thirty(30) days within which to cure the
default to the satisfaction of the non-defaulting party.
B. In the event that the defaulting party fails to cure the default, the non-defaulting
party shall have the right to terminate this Contract. The effective date of the
termination shall be the date of the notice of termination.
IV. REIMBURSEMENT REQUIREMENTS
GRANTEE agrees to submit the required reimbursement documents to the CITY within
the specific timeframe set forth in the CITY'S grant program.
V. GRANT AMOUNT
The total grant is $2,500.00 ($ ).
VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS
The CITY may have a financial system analysis and an internal fiscal control evaluation of
the GRANTEE performed by City staff or an independent auditing firm employed by the
CITY at any time the CITY deems necessary to determine the capability of the GRANTEE
to fiscally manage the grant award. Upon completion of all tasks contemplated under this
Agreement, copies of all documents and records relating to this Grant Agreement shall be
submitted to the CITY if requested.
VII. PERFORMANCE
Time is of the essence with regard to performance as set forth in this Agreement and failure
by GRANTEE to complete performance within the times specified, or within a reasonable
time if no time is specified herein, shall, at the option of the CITY without liability, in
addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under
this Agreement.
3
VIII. INDEMNIFICATION
The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its
agents, its employees and elected officer and each of them, free and harmless at all times
from and against any and all claims, liability, expenses, losses, costs, fines and damages,
including attorney's fees, and causes of action of every kind and character against and from
CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature
of this indemnification and hold harmless clause, and voluntarily makes this covenant and
expressly acknowledges the receipt of good and valuable consideration provided by the
CITY in support of this obligation in accordance with the laws of the State of Florida.
GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or
applications thereof, shall apply to the fullest extent permitted by law but in no event shall
they apply to liability caused by the negligence or willful misconduct of the CITY, its
respective agents, servant employees or officers, nor shall the liability limits set forth in
section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination
of the Agreement.
IX. AVAILABILITY OF FUNDS
The CITY's obligation to pay under this Agreement is contingent upon having funds
budgeted and appropriated by the City of Boynton Beach City Commission.
X. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and each
and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
{00306206.2 306-90018211C:\Program Files(X86)\Neevia.Com\Docconvertespro\Temp\NVDC\0AEE6562-AC48-430A-8055-5F649474F16C\Boynton
Beach 16786.1.Grant_Agreement_(00306206-2xc4b6a).Docx
XI. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
XII. FEES, COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys'fees, court costs and all expenses (including taxes)
even if not taxable as court costs (including, without limitation, all such fees, costs and
expenses incident to appeals), incurred in that action or proceeding,in addition to any other
relief to which such party or parties may be entitled, provided, however, that this clause
pertains only to the parties to this Agreement.
XII. SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement,or the application of such terms or provision,to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
XIV. ENTIRE AGREEMENT
The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement
between the parties,and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Agreement may be
added to,modified, superseded or otherwise altered,except by written instrument executed
by the parties hereto.
XV. NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested, and if sent to the CITY shall be mailed to:
John Durgan, Economic Development Managcr
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) 742-605 I
Facsimile (561) 742-6011
and if sent to the GRANTEE shall be mailed to(current official address):
2310 SE 2' Si-, Sui--I-e. 'I TTI Nt-i ti Becch, FL
31-1,21.0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year first above written.
CITY GRANTEE
DLO SENIor c ry ceS
By: BY: 1 / ! • /' j K
Print: it �/ Print: 11(w i\j(,'N C ri.Q.(i , N
Name: I1MYear Title: D Lk)N.LieZ
gir
A a T:A ATTEST:
fa ______
.I. 1. 0- - - d",,t-P-
Maylee . - esus, ty Cl a Print Name: I rile -A,[C)
Title: Me, t
APPRO • AS TO LEGAL FORM:
Aldni J /4,,,,6r yNi0Ne %`(CORPORATE SEAL)
i ATE•' ,5,1 1
i O�QTR •••C 1
• 1
Office of the City Attorney f o;�° . �#•
PAF,,• i
i J \N�'o�e�2O : I
1' ••. ..• ).f
CITY OF BOYNTON BEACH GRANT
AGREEMENT
THIS AGREEMENT is made thisJu` day of cJQ4(G✓y , 2024, by and between the
CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as
"CITY," and Guaca Go Corp. hereinafter referred to as "Grantee."
WITNESSETH:
WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth
within the CITY's municipal boundaries; and
WHEREAS, The City of Boynton Beach Small Business Marketing Grant program
provides City funding to support new and existing small businesses with their marketing needs;
and
WHEREAS, the CITY has determined that it is in the public's best interest, and that it
serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms
of this Agreement.
WHEREAS, in order to justify the expenditure of public funds and secure the public's
interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into
this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations
pursuant to the CITY's grant program.
NOW, THEREFORE, in consideration of the premises and mutual covenants
hereinafter contained, the parties hereby agree as follows:
I. GRANTEE'S PERFORMANCE OBLIGATIONS
A. GRANTEE agrees that it will perform the business activities as more specifically
set forth in GRANTEE's Grant Application. Representations contained in the
Application are deemed material representation of the GRANTEE and failure to
expend the grant funds as set forth in the CITY'S grant program constitutes a
breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY
for performance under this Agreement, and that, in the event of default as solely
determined by the City, GRANTEE will, as more specifically set forth herein,
refund to the CITY monies paid pursuant to this Agreement.
1
B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee
execution of its performance obligations under this Agreement, and that execution
of each of these performance obligations is consistent with GRANTEE's mission.
II. PAYMENT PROCEDURES, CONDITIONS
A. The Grant funds available pursuant to this Agreement will be paid by the CITY to
the GRANTEE only after the GRANTEE provides the documentation as required
by the CITY.
B. If the GRANTEE fails to comply with any of the provisions of this Agreement,
the CITY may withhold, temporarily or permanently, all, or any, unpaid portion of
the funds upon giving written notice to the GRANTEE, and/or terminate this
Agreement and the CITY shall have no further funding obligation to the
GRANTEE under this Agreement.
C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful
receipt of funds, including unlawful and/or unauthorized receipt of funds
discovered after the expiration of this Agreement. The GRANTEE shall also be
liable to reimburse the CITY for any lost or stolen funds.
D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for
any reason, any remaining unpaid portion of this Agreement shall be retained by
the CITY and the CITY shall have no further funding obligation to GRANTEE
with regard to those unpaid funds. The determination that the GRANTEE has
ceased or suspended its operation shall be made solely by the CITY and
GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's
determination.
E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be
repaid by delivering to the CITY a cashier's check for the total amount due
payable to the City of Boynton Beach within thirty (30) days of the CITY's
demand.
F. All corporate or partnership officers and members of GRANTEE are individually
and severally responsible for refunding grant funds to the CITY in the event of a
default.
G. The above provisions do not waive any rights of the CITY or preclude the CITY
from pursuing any other remedy which may be available to it under law. Nothing
2
contained herein shall act as a limitation of the CITY's right to be repaid in the
event the GRANTEE fails to comply with the terms of this Agreement.
III. DEFAULT/TERMINATION
A. In the event that a party fails to comply with the terms of this Contract, other than
payment of funds, then the non-defaulting party shall provide to the defaulting
party notice of the default and the defaulting party shall have ten (10) days within
which to initiate action to correct the default and thirty (30) days within which to
cure the default to the satisfaction of the non-defaulting party.
B. In the event that the defaulting party fails to cure the default, the non-defaulting
party shall have the right to terminate this Contract. The effective date of the
termination shall be the date of the notice of termination.
IV. REIMBURSEMENT REQUIREMENTS
GRANTEE agrees to submit the required reimbursement documents to the CITY within
the specific timeframe set forth in the CITY'S grant program.
V. GRANT AMOUNT
The total grant is $2,500.00 ($ ).
VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS
The CITY may have a financial system analysis and an internal fiscal control evaluation
of the GRANTEE performed by City staff or an independent auditing firm employed by
the CITY at any time the CITY deems necessary to determine the capability of the
GRANTEE to fiscally manage the grant award. Upon completion of all tasks
contemplated under this Agreement, copies of all documents and records relating to this
Grant Agreement shall be submitted to the CITY if requested.
VII. PERFORMANCE
Time is of the essence with regard to performance as set forth in this Agreement and
failure by GRANTEE to complete performance within the times specified, or within a
reasonable time if no time is specified herein, shall, at the option of the CITY without
3
liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any
obligation under this Agreement.
4
VIII. INDEMNIFICATION
The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its
agents, its employees and elected officer and each of them, free and harmless at all times
from and against any and all claims, liability, expenses, losses, costs, fines and damages,
including attorney's fees, and causes of action of every kind and character against and
from CITY which may arise out of this Agreement. The GRANTEE recognizes the
broad nature of this indemnification and hold harmless clause, and voluntarily makes this
covenant and expressly acknowledges the receipt of good and valuable consideration
provided by the CITY in support of this obligation in accordance with the laws of the
State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or
portions or applications thereof, shall apply to the fullest extent permitted by law but in
no event shall they apply to liability caused by the negligence or willful misconduct of
the CITY, its respective agents, servant employees or officers, nor shall the liability limits
set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the
termination of the Agreement.
IX. AVAILABILITY OF FUNDS
The CITY's obligation to pay under this Agreement is contingent upon having funds
budgeted and appropriated by the City of Boynton Beach City Commission.
X. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Palm Beach County. No
remedy herein conferred upon any party is intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof.
(00306206.2 306-9001821)C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\N V DC\0AEE6562-AC48-430A-8055-5F649474F16C\Boynton
Beach.16786.1.Grant_Agreement_(00306206-2xc4b6a).Docx
XI. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally
during employment without regard to race, color, religion, disability, sex, age, national
origin, ancestry, marital status, or sexual orientation.
XII. FEES, COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys' fees, court costs and all expenses (including
taxes) even if not taxable as court costs (including, without limitation, all such fees, costs
and expenses incident to appeals), incurred in that action or proceeding, in addition to any
other relief to which such party or parties may be entitled, provided, however, that this
clause pertains only to the parties to this Agreement.
XII. SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such terms or provision, to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected, and
every other term and provision of this Agreement shall be deemed valid and enforceable
to the extent permitted by law.
XIV. ENTIRE AGREEMENT
The CITY and the GRANTEE agree that this Agreement sets forth the'entire Agreement
between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Agreement
may be added to, modified, superseded or otherwise altered, except by written instrument
executed by the parties hereto.
XV. NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested, and if sent to the CITY shall be mailed to:
John Durgan, Economic Development Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6014
Facsimile (561) 742-6011
with a copy to:
Shawna Lamb, City Attorney
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6051
Facsimile (561) 742-6011
and if sent to the GRANTEE shall be mailed to (current official address):
510 East Ocean Ave, Boynton Beach, FL
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year first above written.
CITY GRANTEE
Guaca Go Corp
By: i/I By:
lfr-1
Print: banlia L&3 .er // Print: Carson Bennett
glilkC:11.t. An
r Lail 5& Title: Vice President
A '—:STA A ATTEST:
i iiS1•
Mayl•e1 esus, City Clerk Pript Waerr :
.... m r enjamin
-ZI 0 N BFq`Nt� itle
%oy ••"T''••• c' • President
APPROVED AS TO LEGAL FO 1 !-'-'• E .•y ,1
���'� •. i
o;� ��P�F,�� � (CORPORATE SEAL)
',It:A cies
6%.0ti°)fr• .
1o,.
Its .......... .. e
Office of the City Attorney
CITY OF BOYNTON BEACH SMALL BUSINESS MARKETING GRANT AGREEMENT
THIS AGREEMENT is made this 1/ day of:5a rx.ra. _, 202.A4, by and between the CITY
OF BOYNTON BEACH. a Florida municipal corporation,hereinafter referred to as"City","and
Erickson Pumping CO., 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 Marketing Grant Program ("Grant Program")
provides City funding to support new and existing small businesses with their marketing needs,
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$2,..50.0.e° (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:_Design of marketing materials and content.Brand and logo design,and Other-
Silk screening of Company Logo and shirts made (the "Authorized Use"). Failure to
Small Business Marketing Grant Agreement Rev. Dec.2023 1
expend the Grant Funds in accordance with the Grant Program guidelines and this
Agreement shall constitute a breach of this Agreement.
B. Accuracy of Representations. Grantee represents and warrants that all statements
and representations made in connection with Grantee's application, or other
supporting documents submitted to City in connection with this Grant were true
and correct when made and are true and correct as of the date Grantee executes this
Agreement, unless otherwise expressly disclosed in writing by Grantee.
C. Liability for Performance. Grantee agrees that it is solely liable to the City for
performance under this Agreement, and that, in the event of default as solely
determined by the City, Grantee will, as more specifically set forth herein, refund
to the City any monies paid pursuant to this Agreement.
D. Adequate Staffing. Grantee hereby certifies that it has or will retain adequate staff
to oversee execution of its performance obligations under this Agreement, and that
execution of each of these performance obligations is consistent with Grantee's
mission.
E. Compliance with Laws. Grantee and its staff shall possess all licenses and permits
required to conduct its business, including federal, state, city, and county licenses
and permits. Grantee shall comply with all applicable laws, ordinances, and
regulations applicable to Grantee's Authorized Use and use of the Grant Funds.
III. PAYMENT PROCEDURES,CONDITIONS
A. Documentation of Expenses. Grant Funds will be paid by the City to the Grantee
on a reimbursement basis. Grantee shall provide copies of detailed invoices and
receipts or proof of payment by Grantee for all authorized expenses.
B. Submittal Deadline. Grantee shall submit a complete request for reimbursement to
the City no later than September 30th, 2024_. Failure to submit by the
reimbursement submittal deadline may result in termination of this Agreement,
revocation of the Grant award,and Grantee being responsible for the full cost of the
Authorized Use.
C. If the Grantee fails to comply with any of the provisions of this Agreement,the City
may withhold, temporarily,or permanently,all, or any, unpaid portion of the Grant
Funds upon giving written notice to the Grantee, and/or terminate this Agreement
and the City shall have no further funding obligation to the Grantee under this
Agreement.
D. The Grantee shall repay the City for all unauthorized, illegal or unlawful receipt of
funds, including unlawful and/or unauthorized receipt of funds discovered after the
Small Business Marketing Grant Agreement Rev. Dec.2023 2
expiration of this Agreement. The Grantee shall also be liable to reimburse the City
for any lost or stolen funds.
E. In the event the Grantee ceases to exist, or ceases or suspends its operation for any
reason, any remaining unpaid portion of the Grant Funds shall be retained by the
City and the City shall have no further funding obligation to Grantee with regard to
those unpaid funds. The determination that the Grantee has ceased or suspended its
operation shall be made solely by the City and Grantee, its successors or assigns in
interest, agrees to be bound by the City's determination.
F. Grant Funds which are to be repaid to the City pursuant to this Agreement, are to
be repaid by delivering to the City a cashier's check for the total amount due payable
to the City of Boynton Beach within thirty (30) days after the City's demand.
G. All corporate or partnership officers and members of Grantee are individually and
severally responsible for refunding Grant Funds to the City in the event of a default.
H. The above provisions do not waive any rights of the City or preclude the City from
pursuing any other remedy which may be available to it under law. Nothing
contained herein shall act as a limitation of the City's right to be repaid in the event
the Grantee fails to comply with the terms of this Agreement.
IV. 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 (I 0) days within which
to initiate action to correct the default and thirty (30) days within which to cure the
default to the satisfaction of the non-defaulting Party.
B. In the event that the defaulting Party fails to cure the default, the non-defaulting
Party shall have the right to terminate this Agreement. The effective date of the
termination shall be the date of the notice of termination.
V. FINANCIAL ACCOUNTABILITY, REPORTS, AND AUDITS
The City may have a financial system analysis and an internal fiscal control evaluation of
the Grantee performed by City staff or an independent auditing firm employed by the City
at any time the City deems necessary to determine the capability of the Grantee to fiscally
manage the grant award. Upon completion of all tasks contemplated under this Agreement,
copies of all documents and records relating to this Agreement shall be submitted to the
City, if requested.
VI. PERFORMANCE
Small Business Marketing Grant Agreement Rev. Dec.2023 3
Time is of the essence with regard to performance as set forth in this Agreement and failure
by Grantee to complete performance within the times specified,or within a reasonable time
if no time is specified herein, shall,at the option of the City without liability, in addition to
any of the City's rights or remedies,relieve the City of any obligation under this Agreement.
VII. INDEMNIFICATION
The Grantee agrees to protect, defend, reimburse, indemnify and hold the City, its agents,
employees,and elected officers(collectively,"Indemnified Party") free and harmless at all
times from and against any and all claims, liability, expenses, losses, costs, fines and
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,
Small Business Marketing Grant Agreement Rev. Dec.2023 4
the City may terminate this Agreement upon no less than twenty-four(24)hours' notice to
Grantee. The City shall be the sole and final authority as to the availability of funds.
IX. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held exclusively in Palm Beach County.
No remedy herein conferred upon any Party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof.
X. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
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,
Small Business Marketing Grant Agreement Rev. Dec.2023 5
modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto.
XIV. NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested, and if sent to the City shall be mailed to:
John Durgan, Economic Development Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6014
Facsimile (561) 742-6011
with a copy to:
Shawna Lamb, City Attorney
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6051
Facsimile (561) 742-6011
and if sent to the Grantee shall be mailed to (current official address):
_756 Rider Road. Boynton Beach, FL
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
Small Business Marketing Grant Agreement Rev. Dec.2023 6
beneficiaries to this Agreement and that no third party shall be entitled to assert a right or
claim against either of them based upon this Agreement.
D. Assignment. neither this Agreement nor any right or interest in it may be assigned,
transferred, subcontracted,or encumbered by Grantee without the prior written consent of
City. Any assignment. transfer, encumbrance, or subcontract in violation of this section
shall be void and ineffective, constitute a breach of this Agreement, and permit City to
immediately terminate this Agreement, in addition to any other remedies available to City
at law or in equity. City reserves the right to condition its approval of any assignment,
transfer, encumbrance, or subcontract upon further due diligence.
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
Small Business Marketing Grant Agreement Rev. Dec.2023 7
document executed with the same or similar formality as this Agreement and by duly
authorized representatives of City and Grantee.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and
year first above written.
CITY GRANTEE
e/ C'_J Som ankp:r0. c.•
By: _ _ By: A.../(q::;,:,Print: /LI/ _ J ' ' • t: %'icie.A74- ri b c01I
Name: j�/ 4J 6/ .........,wTitle:
- ST: ATTEST:
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Mayle= i esus, C. Clerk Print Nam . _ i J,s/Title: �; Ale
APPROV
S: AS TO LEGAL FORM:
(CORPORATE SEAL) .
,A.)4 J. daeb _ . ___ . :
Office of the City Attorney
N.
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Small Business Marketing Grant Agreement Rev. Dec.2023 8
11/13/23,9:59 AM Application Evaluation
Small Business Marketing Grant Program CITY OF
BOYNTON
BEACH
Program Overview Eligibility Requirements Additional Information
Application
GRANT APPLICATION
BUSINESS INFORMATION
Boynton Beach Erickson Pumping CO., Inc.
Business Name*
Business Legal
Name, if different
than above
Boynton Beach Street Address
Business Address* 756 Rider Road
Address Line 2
City State/Province/Region
Boynton Beach Florida
Postal/Zip Code Country
33435 USA
Business Mailing Street Address
Address, if different
from physical
Address Line 2
City State/Province/Region
Postal/Zip Code Country
USA
https://lfweb.bbfl.us/Forms/form/approval/e397527c-5cfc-4f9a-a05f-e250bb201206 1/4
11/13/23,9:59 AM Application Evaluation
Business Cheryl Erickson
Owner/Principal
Name*
Grant Application Cheryl Erickson/President
Contact
Person/Title*
Phone Number*
561-306-6310
Email* ceric85597@bellsouth.net
Website
Number of 3
Employees*
Type of Business* Concrete Pumping Service
Description of Your We pump the concrete to the specified areas needed with the
Business* concrete pump
PROJECT DESCRIPTION
Marketing/E- Please select all the eligible uses you are seeking grant reimbursement for
Commerce Eligible
❑ Development of a marketing/social media plan
Uses*
Design of marketing materials and content
Q Website design
Q Web promotions (e.g. Facebook ads)
❑ Print and TV advertisements
❑ Social media development and assistance
❑ Marketing consultants
Q Brand and logo design
❑ E-commerce software and development
❑ Equipment to support marketing efforts
Q Other Silk screening of Company Logo and shirts made
Detailed Project Provide a detailed description of your marketing/e-commerce project.
Description* We will hand out our company shirts to Contractors and Supervisors on the jobs
and hopefully get further work and new clients.
https://Ifweb.bbfl.us/Forms/form/approval/e397527c-5cfc-4f9a-a05f-e250bb201206 2/4
11/13/23,9:59 AM Application Evaluation
Project Impact* Provide a detailed description of how this project will impact your business
New contractors will call us from the phone numbers on the shirts, and schedule
future concrete pumping services.
New Contractors=more jobs=more concrete=more concrete pumping= more
revenue for everyone
Project's Total Cost* $ 3,500.00
Grant Amount Maximum amount is $2,500
Requested* 2,500.00
Estimated What is the estimated project completion date?
Completion Date* 12/11/2023
Required Documents
W-9 Form* For a copy of a blank W-9 Form click this link.
Upload]
Scan2023-11-10_105024.pdf 4.56MB X
Click here to download a blank W-9 Form.
Business Tax Copy of City of Boynton Beach Business Tax Receipt
Reciept* Upload
Scan2023-11-10_105206.pdf 720.65KB X
Vendor Quote(s) Vendor quote(s)for eligible uses
Upload
10264.pdf 76.4KB X
By signing below, I acknowledge that I have read and understand all aspects of the grant program application
and guidelines.
Signature
Application Date* 11/10/2023
Previous 1
https://Ifweb.bbfl.us/Forms/form/approval/e397527c-5cfc-4f9a-a05f-e250bb201206 3/4
11/13/23,9:59 AM Application Evaluation
Comments
Complete Ineligible Missing Documents
https://Ifweb.bbfl.us/Forms/form/approval/e397527c-5cfc-4f9a-a05f-e250bb201206 4/4
0 City of Boynton Beach
Development Services
100 E.Ocean Ave.
Boynton Beach. FL 33435-0190
.Itr:i
**SINGLE-PIECE 1 SGL 1410838A28-A-L
91 1 SP 0.630
IIIIIIItIIIIIIIIIIIIIIIIIIIIII111II,II'illiiii11IIVIIIAlliIllll
ERICKSON PUMPING CO INC
756 RIDER RD
BOYNTON BEACH FL 33435-3241
i
Dear Boynton Beach Business and Property Owners:
We appreciate your continued participation in supporting economic growth and viability of our City by maintaining your
Certificate of Use and Occupancy & Local Business Tax.
In accordance with Chapter 13 of the City of Boynton Beach Municipal Ordinance, the document(s) below must be posted
in a conspicuous place at your business or property. Should assistance be needed please contact the Development
Services Department at (561)742-6350 or visit our website at www.boynton-beach.org.
40 DETACH THE DOCUMENT BELOW AND POST CONSPICUOUSLY AT YOUR PLACE OF BUSINESS 4'
City of Boynton Beach Certificate of Use/Business Tax Receipt
Expires on September 30, 2024
Business Control Number: 0029686 Business Name: Erickson Pumping Co Inc
Date Issued: 09/28/23 Business Location: 756 Rider Rd Sfha
Any changes in name, address. suite. ownership. etc. will require a new application.
COU/BTR Number Classification Code Classification Additional Information
24-00048441 CU2 CERT OF USE & OCC COMM
CC=q City of Boynton Beach
440 100 E. Ocean Ave. • Boynton Beach, FL 33435-0190
(44
P411‘.
'% DeveloCity of BoyntonpmentSery
Beachices
100 E. Ocean Ave.
Boynton Beach, FL 33435-0190
it ,FF;..
NV-4
_f
**SINGLE-PIECE 1 SGL 141083BA29-A-1
130 1 SP 0.630
limiliii''IIIIIIIIIIIii'lii'Iiill'I'I'I11111.1III IIIIIIIuI IIIA
ERICKSON PUMPING CO INC
756 RIDER RD
BOYNTON BEACH FL 33435-3241
2
Dear Boynton Beach Business and Property Owners:
We appreciate your continued participation in supporting economic growth and viability of our City by maintaining your
Certificate of Use and Occupancy & Local Business Tax.
In accordance with Chapter 13 of the City of Boynton Beach Municipal Ordinance, the document(s) below must be posted
in a conspicuous place at your business or property. Should assistance be needed please contact the Development
Services Department at (561)742-6350 or visit our website at www.boynton-beach.org.
4' DETACH THE DOCUMENT BELOW AND POST CONSPICUOUSLY AT YOUR PLACE OF BUSINESS 4,
City of Boynton Beach Certificate of Use/Business Tax Receipt
Expires on September 30, 2024
Business Control Number: 0029686 Business Name: Erickson Pumping Co Inc
Date Issued: 09/29/23 Business Location: 756 Rider Rd Sfha
Any changes in name. address. suite. ownership. etc. will require a new application.
COU/BTR Number Classification Code Classification Additional Information
24-00034097 561110 OFFICES EXECUTIVE &ADMINISTRATIVE
City of Boynton Beach
`=' .``' 100 E. Ocean Ave. • Boynton Beach, FL 33435-0190
hip
Request for Taxpayer Give Form to the
Form WMII9
(Rev.October 2018) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information.
1 Name(as shown on your inco ax return).Name is required on this line;do not leave this line blank.
cric)<s on ur►ti-p1ru (v0_,_j� e ,
2 Business name/disregarded entity name.if differ from above
M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to
Afollowing seven boxes. certain entities.not individuals;see
a ,-,� instructions on page 3):
oc ❑ Individual/sole proprietor or 0 C Corporation ISS Corporation 0 Partnership 0 Trust estate
0
a single-member LLC Exempt payee code(if any)
ai c
❑ Limited liability company.Enter the tax classification(C=C corporation.S=S corporation.P=Partnership)P.
O i? Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting
E w LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any)
'c C another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that
O. v is disregarded from the owner should check the appropriate box for the tax classification of its owner.
F.
o ❑ Other(see instructions)► 4,04.:oasoums maxnametl outs W the U.Si.
to 5 Address(number,street.and apt.or suite no.)See instructions. Requester's name and address(optional)
9s i ';.:‘t7c- ��. C aFP <N �� L1
6 City.state.and ZIP cod .. 1
r\ CJeac lA J:l ACS
7 List accourumber(s)here(optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding.For individuals,this is generally your social security number(SSN). However.for a
resident alien,sole proprietor. or disregarded entity,see the instructions for Part I,later. For other - -
entities. it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN,later. or
Note:If the account is in more than one name.see the instructions for line 1.Also see What Name and Employer identification number
Number To Give the Requester for guidelines on whose number to enter.
Ac) - 140l cql c*0
Part II Certification
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2.I am not subject to backup withholding because:(a)I am exempt from backup withholding.or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding:and
3.I am a U.S.citizen or other U.S.person(defined below):and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property.cancellation of debt.contributions to an individual retirement arrangement(IRA),and generally,payments
other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later.
Sign Signature of 0
Here u.s.person► >a . 4_/-4—� Date► J/^ '2(:)r
• Form 1099-DIV(dividends,including those from stocks or mutual
General Instructions funds)
Section references are to the Internal Revenue Code unless otherwise • Form 1099-MISC(various types of income,prizes,awards,or gross
noted. proceeds)
Future developments.For the latest information about developments • Form 1099-B(stock or mutual fund sales and certain other
related to Form W-9 and its instructions,such as legislation enacted transactions by brokers)
after they were published,go to www.irs.gov/FormW9.
• Form 1099-S(proceeds from real estate transactions)
Purpose of Form • Form 1099-K(merchant card and third party network transactions)
An individual or entity(Form W-9 requester)who is required to file an • Form 1098(home mortgage interest), 1098-E(student loan interest),
information return with the IRS must obtain your correct taxpayer 1098-T(tuition)
identification number(TIN)which may be your social security number • Form 1099-C(canceled debt)
(SSN).individual taxpayer identification number(IT1N),adoption •Form 1099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATIN).or employer identification number
(EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident
amount reportable on an information return. Examples of information alien).to provide your correct TIN.
returns include,but are not limited to.the following. If you do not return Form W-9 to the requester with a TIN,you might
• Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding,
later.
Cat.No.10231X Form W-9(Rev.10-2018)
Form W-9(Rev.10-2018) Page 2
By signing the filled-out form. you: Example. Article 20 of the U.S.-China income tax treaty allows an
1. Certify that the TIN you are giving is correct(or you are waiting for a exemption from tax for scholarship income received by a Chinese
number to be issued). student temporarily present in the United States. Under U.S. law.this
student will become a resident alien for tax purposes if his or her stay in
2. Certify that you are not subject to backup withholding,or the United States exceeds 5 calendar years. However. paragraph 2 of
3. Claim exemption from backup withholding if you are a U.S.exempt the first Protocol to the U.S.-China treaty(dated April 30, 1984)allows
payee. If applicable,you are also certifying that as a U.S.person.your the provisions of Article 20 to continue to apply even after the Chinese
allocable share of any partnership income from a U.S.trade or business student becomes a resident alien of the United States.A Chinese
is not subject to the withholding tax on foreign partners' share of student who qualifies for this exception(under paragraph 2 of the first
effectively connected income. and protocol)and is relying on this exception to claim an exemption from tax
4. Certify that FATCA code(s)entered on this form(if any)indicating on his or her scholarship or fellowship income would attach to Form
that you are exempt from the FATCA reporting. is correct.See What is W-9 a statement that includes the information described above to
FATCA reporting, later. for further information. support that exemption.
Note:If you are a U.S. person and a requester gives you a form other If you are a nonresident alien or a foreign entity,give the requester the
than Form W-9 to request your TIN,you must use the requester's form if appropriate completed Form W-8 or Form 8233.
it is substantially similar to this Form W-9. Backup Withholding
Definition of a U.S.person. For federal tax purposes,you are
considered a U.S.person if you are: What is backup withholding? Persons making certain payments to you
must under certain conditions withhold and pay to the IRS 24%of such
•An individual who is a U.S. citizen or U.S. resident alien; payments.This is called"backup withholding." Payments that may be
•A partnership. corporation,company.or association created or subject to backup withholding include interest.tax-exempt interest.
organized in the United States or under the laws of the United States; dividends. broker and barter exchange transactions, rents,royalties,
•An estate(other than a foreign estate);or nonemployee pay. payments made in settlement of payment card and
• A domestic trust(as defined in Regulations section 301.7701-7). third party network transactions,and certain payments from fishing boat
operators. Real estate transactions are not subject to backup
Special rules for partnerships.Partnerships that conduct a trade or w thholding.
business in the United States are generally reouired to pay a withholding You will not be subject to backup withholding on payments you
tax under section 1446 on any foreign partners share of effectively receive if you give the requester your correct TIN, make the proper
connected taxable income from such business. Further. in certain cases certifications,and report all your taxable interest and dividends on your
where a Form W-9 has not been received,the rules under section 1446 tax return.
require a partnership to presume that a partner is a foreign person. and
pay the section 1446 withholding tax. Therefore, it you are a U.S.person Payments you receive will be subject to backup withholding if:
that is a partner in a partnership conducting a trade or business in the 1. You do not furnish your TIN to the requester.
Urited States, provide Form W-9 to the partnership to establish your 2. You do not certify your TIN when required(see the instructions for
U.S. status and avoid section 1446 withholding on your share of
Part II for details),
partnership income.
3.The IRS tells the requester that you furnished an incorrect TIN,
In the cases below,the following person must give Form W-9 to the
partnership for purposes of establishing its U.S. status and avoiding 4. The IRS tells you that you are subject to backup withholding
withholding on its allocable share of net income from the partnership because you did not report all your interest and dividends on your tax
conducting a trade or business in the United States. return(for reportable interest and dividends only), or
• In the case of a disregarded entity with a U.S. owner, the U.S.owner 5. You do not certify to the requester that you are not subject to
of the disregarded entity and not the entity; backup withholding under 4 above(for reportable interest and dividend
•In the case of a grantor trust with a U.S.grantor or other U.S.owner, accounts opened after 1983 only).
generally.the U.S.grantor or other U.S. owner of the grantor trust and Certain payees and payments are exempt from backup withholding.
not the trust:and See Exempt payee code, later, and the separate Instructions for the
•In the case of a U.S.trust(other than a grantor trust),the U.S.trust Requester of Form W-9 for more information.
(other than a grantor trust)and not the beneficiaries of the trust. Also see Special rules for partnerships, earlier.
Foreign person.If you are a foreign person or the U.S. branch of a What is FATCA Reporting?
foreign bank that has elected to he treated as a U.S.person.do not use
Form W-9. Instead. use the appropriate Form W-8 or Form 8233(see The Foreign Account Tax Compliance Act(FATCA)requires a
Pub. 515.Withholding of Tax on Nonresident Aliens and Foreign participating foreign financial institution to report all United States
Entit es). account holders that are specified United States persons. Certain
Nonresident alien who becomes a resident alien.Generally,only a payees are exempt from FATCA reporting. See Exemption from FATCA
nonresident alien individual may use the terms of a tax treaty to reduce reporting code, later.and the Instructions for the Requester of Form
or eliminate U.S.tax on certain types of income. However, most tax W-9 for more information.
treaties contain a provision known as a `saving clause."Exceptions Updating Your Information
specified in the saving clause may permit an exemption from tax to p g
continue for certain types of income even after the payee has Otherwise You must provide updated information to any person to whom you
become a U.S. resident alien for tax purposes. claimed to be an exempt payee if you are no longer an exempt payee
If you are a U.S. resident alien who is relying on an exception and anticipate receiving reportable payments in the future from this
contained in the saving clause of a tax treaty to claim an exemption person. For example. you may need to provide updated information if
from U.S. tax on certain types of income.you must attach a statement you are a C corporation that elects to be an S corporation,or if you no
to Form W-9 that specifies the`ollowing five items. longer are tax exempt. In addition,you must furnish a new Form W-9 if
1.The treaty country. Generally,this must be the same treaty under the name or TIN changes for the account:for example, if the grantor of a
which you claimed exemption from tax as a nonresident alien. grantor trust dies.
2.The treaty article addressing the income.
Penalties
3.The article number(or location)in the tax treaty that contains the
saving clause and its exceptions. Failure to furnish TIN.If you fail to furnish your correct TIN to a
4.The type and amount of income that qualifies for the exemption requester,you are subject to a penalty of$50 for each such failure
from tax. unless your failure is due to reasonable cause and not to willful neglect.
5. Sufficient facts to justify the exemption from tax under the terms of Civil penalty for false information with respect to withholding.If you
the treaty article, make a false statement with no reasonable basis that results in no
backup withholding,you are subject to a$500 penalty.
Form W-9(Rev.10-2018) Page 3
Criminal penalty for falsifying information.Willfully falsifying IF the entity/person on line 1 is THEN check the box for.,,
certifications or affirmations may subject you to criminal penalties a(n)...
including fines and/or imprisonment.
Misuse of TINs.If the requester discloses or uses TINs in violation of • Corporation Corporation
federal law.the requester may be subject to civil and criminal penalties. • Individual Individual/sole proprietor or single-
• Sole proprietorship,or member LLC
Specific Instructions • Single-member limited liability
company(LLC)owned by an
Line 1 individual and disregarded for U.S.
You must enter one of the following on this line;do not leave this line federal tax purposes.
blank.The name should match the name on your tax return. . LLC treated as a partnership for Limited liability company and enter
If this Form W-9 is for a joint account(other than an account U.S. federal tax purposes, the appropriate tax classification.
maintained by a foreign financial institution(FFI)). list first,and then • LLC that has tiled Form 8832 or (P= Partnership;C=C corporation:
circle,the name of the person or entity whose number you entered in 2553 to be taxed as a corporation. or 5=S corporation)
Part I of Form W-9. If you are providing Form W-9 to an FFI to document or
a joint account, each holder of the account that is a U.S.person must
• LLC that is disregarded as an
provide a Form W-9. entity separate from its owner but
a. Individual.Generally,enter the name shown on your tax return.If the owner is another LLC that is
you have changed your last name without informing the Social Security not disregarded for U.S. federal tax
Administration(SSA)of the name change.enter your first name.the last purposes.
name as shown on your social security card,and your new last name.
Note:ITIN applicant:Enter your individual name as it was entered on
• Partnership Partnership
your Form W-7 application. line 1 a.This should also be the same as the • Trust/estate Trust/estate
name you entered on the Form 1040/1040A/104OEZ you filed with your Line 4, Exemptions
application.
b. Sole proprietor or single member LLC.Enter your individual If you are exempt from backup withholding and/or FATCA reporting.
name as shown on your 1040/1040A/1040EZ on line 1. You may enter enter in the appropriate space on line 4 any code(s)that may apply to
your business trace,or"doing business as"(DBA)name on line 2. you.
c. Partnership,LLC that is not a single-member LLC,C Exempt payee code.
corporation,or S corporation. Enter the entity's name as shown on the • Generally. individuals(including sole proprietors)are not exempt from
entity's tax return on line 1 and any business, trade,or DBA name on backup withholding.
line 2. • Except as provided below, corporations are exempt from backup
d. Other entities.Enter your name as shown on required U.S.federal withholding for certain payments,including interest and dividends.
tax documents on line 1.This name should match the name shown on the • Corporations are not exempt from backup withholding for payments
charter or other legal document creating the entity. You may enter any made in settlement of payment card or third party network transactions.
business,trade.or DBA name on line 2.
• Corporations are not exempt from backup withholding with respect to
e. Disregarded entity.For U.S.federal tax purposes.an entity that is attorneys'fees or gross proceeds paid to attorneys, and corporations
disregarded as an entity separate from its owner is treated as a that provide medical or health care services are not exempt with respect
"disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter to payments reportable on Form 1099-MISC.
the owner's name on line 1. The name of the entity entered on line 1
should never be a disregarded entity.The name on line 1 should be the The following codes identify payees that are exempt from backup
name shown on the income tax return on which the income should be withholding. Enter the appropriate code in the space in line 4.
reported. For example. if a foreign LLC that is treated as a disregarded 1—An organization exempt from tax under section 501(a).any IRA, or
entity for U.S.federal tax purposes has a single owner that is a U.S. a custodial account under section 403)h))7)if the account satisfies the
person.the U.S.owner's name is required to be provided on line 1. If requirements of section 401(f)(2)
the direct owner of the entity is also a disregarded entity,enter the first 2—The United States or any of its agencies or instrumentalities
owner that is not disregarded for federal tax pJrposes.Enter the
disregarded entity's name on line 2, "Business name/disregarded entity 3—A state,the District of Columbia. a U.S.commonwealth or
name."If the owner of the disregarded entity is a foreign person,the possession,or any of their political suboivisions or instrumentalities
owner must complete an appropriate Form W-8 instead of a Form W-9. 4—A foreign government or any of its political subdivisions,agencies,
This is the case even if the foreign person has a U.S.TIN. or insti umentalities
Line 2 5—A corporation
If you have a business name. trade name. DBA name,or disregarded 6—A dealer in securities or commodities required to register in the
entity name.you may enter it on line 2. United States,the District of Columbia,or a U.S.commonwealth or
possession
Line 3 7—A futures commission merchant registered with the Commodity
Check the appropriate box on line 3 for the U.S. federal tax Futures Trading Commission
classification of the person whose name is entered on line 1.Check only 8—A real estate investment trust
one box on line 3. 9—An entity registered at all times during the tax year under the
Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(al
11—A financial institution
12—A middleman known in the investment community as a nominee or
custodian
13—A trust exempt from tax under section 664 or described in section
4947
Form W-9(Rev.10-2018) Page 4
The following chart shows types of payments that may be exempt M—A tax exempt trust under a section 403(b)plan or section 457(g)
from backup withholding.The chart applies to the exempt payees listed plan
above. 1 through 13. Note:You may wish to consult with the financial institution requesting
IF the payment is for... THEN the payment is exempt this form to determine whether the FATCA code and/or exempt payee
for... code should be completed.
Interest and dividend payments All exempt payees except Line 5
for 7
Enter your address(number, street.and apartment or suite number).
Broker transactions Exempt payees 1 through 4 and 6 This is where the requester of this Form W-9 will mail your information
through 11 and all C corporations. returns. If this address differs from the one the requester already has on
S corporations must not enter an file.write NEW at the top. If a new address is provided.there is still a
exempt payee code because they chance the old address will be used until the payor changes your
are exempt only for sales of address n their records.
noncovered securities acquired Line 6
prior to 2012.
Enter your city. state. and ZIP code.
Barter exchange transactions and Exempt payees 1 through 4
patronage dividends Part I. Taxpayer Identification Number (TIN)
Payments over$600 required to be Generally. exempt payees Enter your TIN in the appropriate box.If you are a resident alien and
reported and direct sales over 1 through 5' you do not nave and are not eligible to get an SSN, your TIN is your IRS
55,0001 individual taxpayer identification number(ITIN). Enter it in the social
security number box. If you do not have an MN,see How to get a TIN
Payments made in settlement of Exempt payees 1 through 4 below.
payment card or third party network Ifyou are a sole proprietor andyou have an EIN,you mayenter either
transactions P p
your SSN or EIN.
See Form 1099-MISC. Miscellaneous Income,and its instructions. If you are a single-member LLC that is disregarded as an entity
separate from its owner,enter the owner's SSN(or EIN, if the owner has
2 However,the following payments made to a corporation and one). Do not enter the disregarded entity's EIN.If the LLC is classified as
reportable on Form 1099-MISC are riot exempt from backup a corporation or partnership. enter the entity's EIN.
withholding:medical and health care paymerts,attorneys'fees,gross
proceeds paid to an attorney reportable under section 6045(f). and Note:See What Name and Number To Give the Requester, later,for
payments for services paid by a federal executive agency. furthe clar ficat.on of name and TIN combirations.
How to get a TIN.If you do not have a TIN,apply for one immediately.
Exemption from FATCA reporting code.The following codes identify
payees that are exempt from reporting under FATCA.These codes i o apply for an SSN, get Form SS 5,Application for a Social Security
apply to persons submitting this form for accounts maintained outside Card.from your local SSA office or get this form online at
of the United States by certain foreign financial institutions.Therefore. if www.SSA.gov.You may also get this form by calling 1-800-772-1213.
you are only submitting this form for an account you hold in the United Use Form W-7,Application for IRS Indw dual Taxpayer Identification
States.you may leave this field blank. Consult with the person Number.to apply for an'TIN. or Form SS 4,Application for Employer
requesting this form if you are uncertain if the financial institution is Identification Number,to apply for an EIN. You can apply for an EIN
subject to these requirements. A requester may indicate that a code is online by accessing the IRS website at www.irs.goviBusinesses and
not required by providing you with a Form W-9 with"Not Applicable"(or clicking on Employer Identification Number(EIN)under Starting a
any similar indication)written or printed on the line for a FATCA Business. Go to www.irs.gov/Forms to view,download,or print Form
exemption code. W-7 and/or Form SS-4. Or,you can go to www.irs.gov/OrderForms to
A—An organization exempt from tax under section 501(a)or any place an order and have Form W-7 and/or SS-4 mailed to you within 10
individual retirement plan as defined in section 7701(a)(37) business days.
If you are asked to complete Form W-9 but do not have a TIN, apply
B—The United States or any of its agencies or instrumentalities for a TIN and write"Applied For" in the space for the TIN, sign and date
C—A state,the District of Columbia,a U.S. commonwealth or the form, and give it to the requester. For interest and dividend
possession.or any of their political subdivisions or instrumentalities payments,and certain payments made with respect to readily tradable
D—A corporation the stock of which is regularly traded on one or instruments. generally you will have 60 days to get a TIN and give it to
more established securities markets. as described in Regulations the requester before you are subject to backup withholding on
section 1.1472-1(c)(1)(i) payments.The 60-day rule does not apply to other types of payments.
You will he subject to backup withholding on all such payments until
E—A corporation that is a member of the same expanded affiliated you provide your TIN to the requester.
group as a corporation described in Regulations section 1.1472-1(c)(1)(i)
Note:Entering"Applied For"means that you have already applied for a
F—A dealer in securities, commodities.or derivative financial TIN or that you intend to apply for one soon.
instruments(including notional principal contracts,futures,forwards.
and options)that is registered as such under the laws of the United Caution:A disregarded U.S.entity that has a foreign owner must use
States or any state the appropriate Form W-8.
G—A real estate investment trust Part II. Certification
H—A regulated investment company as defined in section 851 or an To establish to the withnolding agent that you are a U.S. person,or
entity registered at all times during the tax year under the Investment resident alien,sign Form W-9. You may be requested to sign by the
Company Act of 1940 withholding agent even if item 1.4,or 5 below indicates otherwise.
I—A common trust fund as defined in section 584(a) For a joint account. only the person whose TIN is shown in Part I
J—A bank as defined in section 581 should sign(when required). In the case of a disregarded entity,the
K—A broker person identified on line 1 must sign. Exempt payees.see Exempt payee
L—A trust exempt from tax under section 664 or described in section code, earlier.
4947(a)(1) Signature requirements.Complete the certification as indicated in
items 1 through 5 below.
Form W-9(Rev. 10-2018) Page 5
1.Interest,dividend,and barter exchange accounts opened For this type of account: Give name and EIN of:
before 1984 and broker accounts considered active during 1983.
You must give your Correct TIN,but you do rot have to sign the 14.Account with the Department of The public entity
Certification. Agriculture in the name of a public
entity(such as a state or local
2. Interest,dividend,broker. and barter exchange accounts government.school district,or
opened after 1983 and broker accounts considered inactive during prison:that receives agricultural
1983.You must s gn the certification or backup withholding will apply. If program payments
you are subject to backup withholding and you are merely providing
your correct TIN to the requester,you must cross out item 2 in the 15.Grantor trust filing under the Form The trust
certification before signing the form. 1041 Filing Method or the Optional
3. Real estate transactions.You must sign the certification. You may Form 1099 Filing Method 2(see
cross out item 2 of the certification.
Regulations section 1.671-4(b)(2)(1)(13))
4. Other payments.You must give your correct TIN. but you do not ' List first and circle the name of the person whose number you furnish.
have to sign the certification unless you have been notified that you If only one person on a joint account has an SSN. that person's number
have previously given an incorrect TIN. "Other payments"include must be furnished.
payments made in the course of the requester's trade or business for Circle the minor's name and furnish the minor's SSN.
rerts,royalties. goods(other than bills for merchandise), medical and
health care services(including payments to corporations), payments to 'You must show your individual name and you may also enter your
a nonemployee for services,payments made in settlement of payment business or DBA name on the"Business name/disregarded entity"
card and third party network transactions, payments to certain fishing name line. You may use either your SSN or EIN(if you have one), but the
boat crew members and fishermen,and gross proceeds paid to IRS encourages you to use your SSN.
attorneys(including payments to corporations). `List first and circle the name of the trust,estate.or pension trust. (Do
5. Mortgage interest paid by you,acquisition or abandonment of not furnish the TIN of the personal representative or trustee unless the
secured property, cancellation of debt,qualified tuition program legal entity itself is not designated in the account title.)Also see Special
payments(under section 529),ABLE accounts(under section 529A), rules for partnerships, earlier.
IRA,Coverdell ESA,Archer MSA or HSA contributions or *Note:The grantor also must provide a Form W-9 to trustee of trust.
distributions,and pension distributions.You must give your correct Note:If no name is circled when more than one name is listed.the
TIN. but you do not have to sigr the certification. number will be considered to be that of the first name listed.
What Name and Number To Give the Requester Secure Your Tax Records From Identity Theft
For this type of account: Give name and SSN of: Identity theft occurs when someone uses your personal information
1.Individual The individual such as your name, SSN,or other identifying information, without your
2.Two or more individuals(joint The actual owner of the a;count or,if permission,to commit fraud or other crimes.An identity thief may use
account)other than an account combined funds.the first individual on your SSN to get a job or may file a tax return using your SSN to receive
maintained by an FFI the account' a refund.
3.Two or more U.S.persons Each holder of the account To reduce your risk:
(joint account maintained by an FFI) • Protect your SSN.
4.Custodial account of a minor The minor' • Ensure your employer is protecting your SSN.and
(Unifomn Gift to Minors Act) • Be careful when choosing a tax preparer.
5.a.The usual revocable savings trust The grantor-trustee' If your tax records are affected by identity theft and you receive a
(grantor is also trustee)
b.So-called trust account that snot The actual owner' notice from the IRS, respond right away to the name and phone number
a legal or valid trust under state law
printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you
6.Sole proprietorship or disregarded The owner' think you are at risk due to a lost or stolen purse or wallet, questionable
entity owned by an individual credit card activity or credit report,contact the IRS Identity Theft Hotline
7.Grantor trust filing under Optional The grantor' at 1-800-908-4490 or submit Form 14039.
Form 1099 Filing Method 1 (see For more information, see Pub. 5027,Identity Theft Information for
Regulations section 1.671-4(b)(2)(i) Taxpayers.
(A), Victims of identity theft who are experiencing economic harm or a
For this type of account: Give name and EIN of: systemic problem,or are seeking help in resolving tax problems that
8.Disregarded entity not owned by an The owner have not been resolved through normal channels, may be eligible for
individual Taxpayer Advocate Service(TAS)assistance. You can reach TAS by
9.A valid trust,estate,or pension trust Legal entity' calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD
1-800-829-4059.
10.Corporation or LLC electing The corporation Protect yourself from suspicious emails or phishing schemes.
corporate status on Form 8832 or Phishing is the creation and use of ental and websites designed to
Form 2553 mimic legitimate business emails and websites. The most common act
11.Association,club.religious. The organization is sending an email to a user falsely claiming to be an established
charitable,educational,or other tax- legitimate enterprise in an attempt to scam the user into surrendering
exempt organization private information that will be used for identity theft.
12.Partnership or multi-member LLC The partnership
13.A broker or registered nominee The broker or nominee
Form W-9(Rev.10-2018) Page 6
The IRS does not initiate contacts with taxpayers via emails.Also.the Privacy Act Notice
IRS does not request personal detailed information through email or ask
taxpayers for the PIN numbers,passwords,or similar secret access Section 6109 of the Internal Revenue Code requires you to provide your
information for their credit card,bank.or other financial accounts. correct TIN to persons(including federal agencies)who are required to
receive an unsolicited email claiming to be from the IRS, file information returns with the IRS to report interest,dividends,or
If
youcertain other income paid to you: mortgage interest you paid:the
forward this message to phishing@irs.gov. You may also report misuse acquisition or abandonment of secured property;the cancellation of
of the IRS name,logo,or other IRS property to the Treasury Inspector debt:or contributions you made to an IRA.Archer MSA,or HSA.The
General for Tax Administration(TIGTA)at 1-800-366-4484.You can person collecting this form uses the information on the form to file
forward suspicious emails to the Federal Trade Commission at information returns with the IRS,reporting the above information.
spam@uce.gov or report them at www.ftc.gov/complaint. You can Routine uses of this information include giving it to the Department of
contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT(877-438-4338). Justice for civil and criminal litigation and to cities,states,the District of
If you have been the victim of identity theft,see www.IdentityTheft.gov Columbia,and U.S.commonwealths and possessions for use in
and Pub. 5027. administering their laws.The information also may be disclosed to other
Visit www.irs.gov/IdentityTheft to learn more about identity theft and countries under a treaty.to federal and state agencies to enforce civil
how to reduce your risk. and criminal laws,or to federal law enforcement and intelligence
agencies to combat terrorism. You must provide your TIN whether or
not you are required to file a tax return. Under section 3406,payers
must generally withhold a percentage of taxable interest,dividend,and
certain other payments to a payee who does not give a TIN to the payer.
Certain penalties may also apply for providing false or fraudulent
information.
Quote #10264 (QUOTE
SP- ERICKSON PUMPING CO Thank you for your business!
M&P Apparel Created November 2,2023
.. 4501 OAK CIRCLE Customer Due Date November 2,2023
/ Boca Raton,Florida 33431
�G�,' _ Total $3,501.21
;��1 561-465-3247
`!�;/�'
http://www.mpapparel.com
- �� Vsales@mpapparel.com Outstanding $3,501.21
Customer Billing Customer Shipping
Karl Erickson Karl Erickson
561 756 5037
ceric85597@belisouth.net,kericpump@bellsouth.net
Category Item/ Color Description XS S M L XL 2XL 3XL Qty Items Price Taxed Total
Screen Printing N3165 Safety A4-Men's Cooling Performance Long Sleeve T-Shirt 24 24 $18.60 x $446.40
Yellow
Screen Printing N3165 Safety A4-Men's Cooling Performance Long Sleeve T-Shirt 50 50 $18.00X I$900.00
Yellow
Screen Printing N3165 Safety A4-Men's Cooling Performance Long Sleeve T-Shirt 100 100 $17.40 X $1,740.00
Yellow 1•
I
IMPRINT#10264-1 IMPRINT#10264-2
Screen Printing•1 Color Screen Printing•3 Color
LEFT CHEST-ERICKSON PUMPIN CO.+PHONE# FULL BACK-CONSOLIDATE COLORS
BLACK+GREY+WHITE
Fee Description Qty Amount Taxed Total
Film+Screen Film+Screen Setup-REDUCES TO$15 EACH AFTER INITAL ORDER 4 $25.00 _ $100.00
Shirt Fee 2XL @$2 per shirt 1 $0.00 _ $0.00
CC Processing Fee (Waive With Check or Zelle Payment) 1 $98.76 _ $98.76
Total Quantity 174
Item Total $3,086.40
Fees Total $198.76
Sub Total $3,285.16
Tax $216.05(7%)
Total Due $3,501.21
Paid $0.00
Outstanding $3,501.21
After January 1st,2020,a Non Cash Processing Fee will be added to any order.
To waive processing fee you can pay us via these options:
°Venmo:@Mark-Sanchez-112
°Zelle:561-989-4196
°Cash:Must be paid in full upfront
°Check:Please make check payable to M&P Apparel,LLC
CITY OF BOYNTON BEACH SMALL BUSINESS MARKETING GRANT AGREEMENT
THIS AGREEMENT is made this jay of_711t1ur%,4i _, 202 4, by and between the CITY
OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "City","
and _ The Quantum Optical _ hereinafter referred to as "Grantee" (each a "Party" and
collectively the "Parties").
WITNESSETH:
WHEREAS, it is the policy of the City to stimulate and encourage economic growth
within the City's municipal boundaries; and
WHEREAS, The City's Small Business Marketing Grant Program ("Grant Program")
provides City funding to support new and existing small businesses with their marketing needs,
which is beneficial to the local economy; and
WHEREAS, the City Commission of the City of Boynton Beach has determined that the
use of public funds toward the achievement of such economic development goals constitutes a
public purpose; and
WHEREAS, the Parties desire to enter into this Agreement to ensure Grantee's
performance in accordance with the Grant Program requirements and to support the related
expenditure of public funds and secure the public's interest; and
WHEREAS, the City has determined that it is in the public's best interest, and that it
serves a municipal and public purpose, to award a grant to the Grantee pursuant to the terms of
this Agreement.
NOW, THEREFORE, in consideration of the premises and mutual covenants
hereinafter contained, the Parties hereby agree as follows:
I. GRANT AMOUNT _
City hereby grants to Grantee the sum of$a,.SOO (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: Design of marketing materials and content and
Print and TV advertisements _ (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 Marketing Grant Agreement Rev. Dec.2023 1
Funds in accordance with the Grant Program guidelines and this Agreement shall constitute
a breach of this Agreement.
B. Accuracy of Representations. Grantee represents and warrants that all statements
and representations made in connection with Grantee's application, or other
supporting documents submitted to City in connection with this Grant were true
and correct when made and are true and correct as of the date Grantee executes this
Agreement, unless otherwise expressly disclosed in writing by Grantee.
C. Liability for Performance. Grantee agrees that it is solely liable to the City for
performance under this Agreement, and that, in the event of default as solely
determined by the City, Grantee will, as more specifically set forth herein, refund
to the City any monies paid pursuant to this Agreement.
D. Adequate Staffing. Grantee hereby certifies that it has or will retain adequate staff
to oversee execution of its performance obligations under this Agreement, and that
execution of each of these performance obligations is consistent with Grantee's
mission.
E. Compliance with Laws. Grantee and its staff shall possess all licenses and permits
required to conduct its business, including federal, state, city, and county licenses
and permits. Grantee shall comply with all applicable laws, ordinances, and
regulations applicable to Grantee's Authorized Use and use of the Grant Funds.
III. PAYMENT PROCEDURES, CONDITIONS
A. Documentation of Expenses. Grant Funds will be paid by the City to the Grantee
on a reimbursement basis. Grantee shall provide copies of detailed invoices and
receipts or proof of payment by Grantee for all authorized expenses.
B. Submittal Deadline. Grantee shall submit a complete request for reimbursement to
the City no later than September 30th, 2024_. Failure to submit by the
reimbursement submittal deadline may result in termination of this Agreement,
revocation of the Grant award, and Grantee being responsible for the full cost of the
Authorized Use.
C. If the Grantee fails to comply with any of the provisions of this Agreement,the City
may withhold, temporarily, or permanently, all, or any, unpaid portion of the Grant
Funds upon giving written notice to the Grantee, and/or terminate this Agreement
and the City shall have no further funding obligation to the Grantee under this
Agreement.
D. The Grantee shall repay the City for all unauthorized, illegal or unlawful receipt of
funds, including unlawful and/or unauthorized receipt of funds discovered after the
Small Business Marketing Grant Agreement Rev.Dec.2023 2
expiration of this Agreement. The Grantee shall also be liable to reimburse the City
for any lost or stolen funds.
E. In the event the Grantee ceases to exist, or ceases or suspends its operation for any
reason, any remaining unpaid portion of the Grant Funds shall be retained by the
City and the City shall have no further funding obligation to Grantee with regard to
those unpaid funds. The determination that the Grantee has ceased or suspended its
operation shall be made solely by the City and Grantee, its successors or assigns in
interest, agrees to be bound by the City's determination.
F. Grant Funds which are to be repaid to the City pursuant to this Agreement, are to
be repaid by delivering to the City a cashier's check for the total amount due payable
to the City of Boynton Beach within thirty(30) days after the City's demand.
G. All corporate or partnership officers and members of Grantee are individually and
severally responsible for refunding Grant Funds to the City in the event of a default.
H. The above provisions do not waive any rights of the City or preclude the City from
pursuing any other remedy which may be available to it under law. Nothing
contained herein shall act as a limitation of the City's right to be repaid in the event
the Grantee fails to comply with the terms of this Agreement.
IV. 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
Small Business Marketing Grant Agreement Rev. Dec.2023 3
Time is of the essence with regard to performance as set forth in this Agreement and failure
by Grantee to complete performance within the times specified,or within a reasonable time
if no time is specified herein, shall, at the option of the City without liability, in addition to
any of the City's rights or remedies,relieve the City of any obligation under this Agreement.
VII. INDEMNIFICATION
The Grantee agrees to protect, defend, reimburse, indemnify and hold the City, its agents,
employees, and elected officers (collectively, "Indemnified Party") free and harmless at all
times from and against any and all claims, liability, expenses, losses, costs, fines and
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,
Small Business Marketing Grant Agreement Rev.Dec.2023 4
the City may terminate this Agreement upon no less than twenty-four(24)hours' notice to
Grantee. The City shall be the sole and final authority as to the availability of funds.
IX. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held exclusively in Palm Beach County.
No remedy herein conferred upon any Party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof.
X. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
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,
Small Business Marketing Grant Agreement Rev. Dec.2023 5
modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto.
XIV. NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested, and if sent to the City shall be mailed to:
John Durgan, Economic Development Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6014
Facsimile (561) 742-6011
with a copy to:
Shawna Lamb, City Attorney
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6051
Facsimile (561) 742-6011
and if sent to the Grantee shall be mailed to (current official address):
_1034 Gateway Blvd, Boynton Beach, FL
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
Small Business Marketing Grant Agreement Rev.Dec.2023 6
beneficiaries to this Agreement and that no third party shall be entitled to assert a right or
claim against either of them based upon this Agreement.
D. Assignment. neither this Agreement nor any right or interest in it may be assigned,
transferred, subcontracted, or encumbered by Grantee without the prior written consent of
City. Any assignment, transfer, encumbrance, or subcontract in violation of this section
shall be void and ineffective, constitute a breach of this Agreement, and permit City to
immediately terminate this Agreement, in addition to any other remedies available to City
at law or in equity. City reserves the right to condition its approval of any assignment,
transfer, encumbrance, or subcontract upon further due diligence.
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
Small Business Marketing Grant Agreement Rev. Dec.2023 7
document executed with the same or similar formality as this Agreement and by duly
authorized representatives of City and Grantee.
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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APPROVER'S TO LEGAL FORM:
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Business Marketing Grant Agreement Rev. Dec. 2023 8
11/9/23,2:56 PM Application Evaluation
Small Business Marketing Grant Program CITY OF
BOYNTON
BEACH
Program Overview Eligibility Requirements Additional Information
Application
GRANT APPLICATION
BUSINESS INFORMATION
Boynton Beach The Quantum Optical
Business Name*
Business Legal The Quantum Optical
Name, if different
than above
Boynton Beach Street Address
Business Address* 1034 Gateway Blvd
Address Line 2
Suite 106
City State/ Province / Region
Boynton Beach FL
Postal/Zip Code Country
33426 USA
Business Mailing Street Address
Address, if different
from physical
Address Line 2
City State/Province/ Region
Postal/Zip Code Country
USA
https://Ifweb.bbfl.us/Forms/form/approval/0c2d3f50-b42a-4573-9a6f-b1 de98973d26?hideHeader=true 1/4
11/9/23,2:56 PM Application Evaluation
Business Isaac Manakhimov
Owner/Principal
Name*
Grant Application Isaac Manakhimov
Contact
Person/Title*
Phone Number*
561-702-2075
Email* isaacmanahim@gmail.com
Website thequantumoptical.com
Number of 5
Employees*
Type of Business* optical
Description of Your we do prescription glasses
Business*
PROJECT DESCRIPTION
Marketing/E- Please select all the eligible uses you are seeking grant reimbursement for
Commerce Eligible
[j Development of a marketing/social media plan
Uses*
Q Design of marketing materials and content
❑ Website design
Q Web promotions (e.g. Facebook ads)
Print and TV advertisements
Q Social media development and assistance
❑ Marketing consultants
❑ Brand and logo design
❑ E-commerce software and development
❑ Equipment to support marketing efforts
❑ Other
Detailed Project Provide a detailed description of your marketing/e-commerce project.
Description* we will be working with a company to design and print us promotional fliers
https://Ifweb.bbfl.us/Forms/form/approval/0c2d3f50-b42a-4573-9a6f-b1 de98973d26?hideHeader=true 2/4
11/9/23,2:56 PM Application Evaluation
Project Impact* Provide a detailed description of how this project will impact your business
with these funds we can reach many people with our marketing materials
Project's Total Cost* $ 2,700.00
Grant Amount Maximum amount is$2,500
Requested* 2500.00
Estimated What is the estimated project completion date?
Completion Date* 12/7/2023
Required Documents
W-9 Form* For a copy of a blank W-9 Form click this link.
Upload
J & I w9.pdf 677.56KB X
Click here to download a blank W-9 Form.
Business Tax Copy of City of Boynton Beach Business Tax Receipt
Reciept* Upload
Advertising quote.pdf 215.47KB X
Vendor Quote(s) Vendor quote(s)for eligible uses
Upload
Advertising quote.pdf 215.47KB X
By signing below, I acknowledge that I have read and understand all aspects of the grant program application
and guidelines.
Signature
(> 7p KliP ri,?./r/i)r(r'
Application Date* 11/9/2023
Previous
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11/9/23,2:56 PM Application Evaluation
Comments
Complete Ineligible Missing Documents
https://tfweb.bbfl.us/Forms/form/approval/0c2d3f50-b42a-4573-9a6f-b1 de98973d26?hideHeader=true 4/4
•'- City of Boynton Beach
Development Services
,V10
100 E.Ocean Ave.
Boynton Beach,FL 33435-0190
**SINGLE-PIECE 1 SGL 1416646A14-A-1
26 1 SP 0.630
IlllllllIlIliuIuIllllllli11111�1111111iii'ii1I�111IllI�iI,1111111
J&I OPTICAL,LLC
6610 THORNHILL CT
BOCA RATON FL 33433-5526
Dear Boynton Beach Business and Property Owners:
We appreciate your continued participation in supporting economic growth and viability of our City by maintaining your
Certificate of Use and Occupancy&Local Business Tax.
In accordance with Chapter 13 of the City of Boynton Beach Municipal Ordinance, the document(s) below must be posted
in a conspicuous place at your business or property. Should assistance be needed please contact the Development
Services Department at(561)742-6350 or visit our website at www.boynton-beach.org.
9 DETACH THE DOCUMENT BELOW AND POST CONSPICUOUSLY AT YOUR PLACE OF BUSINESS 9
City of Boynton Beach Certificate of Use/Business Tax Receipt
Expires on September 30, 2024
Business Control Number: 0035126 Business Name: J& I Optical, tic
Date Issued: 11/14/23 Business Location: 1034 W Gateway Blvd 106
Any changes in name, address, suite, ownership, etc. will require a new application.
COU/BTR Number Classification Code Classification Additional Information
24-00051326 CU2 CERT OF USE&OCC COMM
City of Boynton Beach
100 E. Ocean Ave. • Boynton Beach, FL 33435-0190
i of .0404
�p�(� Request for Taxpayer Give Form to the
Form Mi 1 Identification Number and Certification requester. Do not
(Rev.October 2018) send to the IRS.
Departl Revtenue
of the Treasury I-Go to www.irs.gov/FormW9 for instructions and the latest information.
Internal Service 9
1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank.
2 Business name/disregarded entity name,if different from above
L
co
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to
c following seven boxes.
certain entities,not individuals;see
instructions on page 3):
Individuallsote proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate
v single-member LLC Exempt payee code(if any)
ai c
a o
❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)►
o 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting
LLC if the LLC is classified as a single-member LLC that Is disregarded from the owner unless the owner of the LLC is codeif an
Q another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code(if
n is disregarded from the owner should check the appropriate box for the tax classification of its owner.
❑ Other(see instructions)P. (.4ppres to accounts mvOtateO outs,Je the U.S)
tCI.
5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional)
\o Vy v-rA �� a., �� � l mcn
'.J
6 City,state,and ZIP code
LG
7 List account number(s)here(optional)
•2r Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other 1 — � L — I, 3 `l
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
77N, later. or
Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number
Number To Give the Requester for guidelines on whose number to enter.
Certification
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.I am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments
other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later.
Sign Signature of
Here U.S.person Date► C / // / Z C Z U
General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross
noted.
proceeds)
Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other
related to Form W-9 and its instructions,such as legislation enacted transactions by brokers)
after they were published,go to www.irs.gov/FormW9.
•Form 1099-S(proceeds from real estate transactions)
Purpose of Form •Form 1099-K(merchant card and third party network transactions)
An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest),
information return with the IRS must obtain your correct taxpayer 1098-1(tuition)
identification number(TIN)which may be your social security number •Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATIN),or employer identification number
(EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident
amount reportable on an information return.Examples of information alien),to provide your correct TIN.
returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might
•Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding,
later.
Cat.No.10231X Form W-9(Rev.10-2018)
Scanned with CamScanner
CITY OF BOYNTON BEACH GRANT
AGREEMENT
THIS AGREEMENT is made this /Vday of (therA/V , 2024, by and between the
CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as
"CITY," and_Daybreak Mortgage LLC hereinafter referred to as "Grantee."
WITNESSETH:
WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth
within the CITY's municipal boundaries; and
WHEREAS, The City of Boynton Beach Small Business Marketing Grant program
provides City funding to support new and existing small businesses with their marketing needs;
and
WHEREAS, the CITY has determined that it is in the public's best interest, and that it
serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms
of this Agreement.
WHEREAS, in order to justify the expenditure of public funds and secure the public's
interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into
this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations
pursuant to the CITY's grant program.
NOW,THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties hereby agree as follows:
I. GRANTEE'S PERFORMANCE OBLIGATIONS
A. GRANTEE agrees that it will perform the business activities as more specifically
set forth in GRANTEE's Grant Application. Representations contained in the
Application are deemed material representation of the GRANTEE and failure to
expend the grant funds as set forth in the CITY'S grant program constitutes a breach
of this Agreement. GRANTEE agrees that it is solely liable to the CITY for
performance under this Agreement, and that, in the event of default as solely
determined by the City, GRANTEE will, as more specifically set forth herein,
refund to the CITY monies paid pursuant to this Agreement.
1
B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee
execution of its performance obligations under this Agreement, and that execution
of each of these performance obligations is consistent with GRANTEE's mission.
II. PAYMENT PROCEDURES,CONDITIQNS
A. The Grant funds available pursuant to this Agreement will be paid by the CITY to
the GRANTEE only after the GRANTEE provides the documentation as required
by the CITY.
B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the
CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the
funds upon giving written notice to the GRANTEE, and/or terminate this
Agreement and the CITY shall have no further funding obligation to the GRANTEE
under this Agreement.
C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful
receipt of funds, including unlawful and/or unauthorized receipt of funds
discovered after the expiration of this Agreement. The GRANTEE shall also be
liable to reimburse the CITY for any lost or stolen funds.
D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for
any reason, any remaining unpaid portion of this Agreement shall be retained by
the CITY and the CITY shall have no further funding obligation to GRANTEE with
regard to those unpaid funds. The determination that the GRANTEE has ceased or
suspended its operation shall be made solely by the CITY and GRANTEE, its
successors or assigns in interest, agrees to be bound by the CITY's determination.
E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be
repaid by delivering to the CITY a cashier's check for the total amount due payable
to the City of Boynton Beach within thirty(30)days of the CITY's demand.
F. All corporate or partnership officers and members of GRANTEE are individually
and severally responsible for refunding grant funds to the CITY in the event of a
default.
G. The above provisions do not waive any rights of the CITY or preclude the CITY
from pursuing any other remedy which may be available to it under law. Nothing
contained herein shall act as a limitation of the CITY's right to be repaid in the event
the GRANTEE fails to comply with the terms of this Agreement.
2
III. DEFAULT/TERMINATION
A. In the event that a party fails to comply with the terms of this Contract, other than
payment of funds,then the non-defaulting party shall provide to the defaulting party
notice of the default and the defaulting party shall have ten(10)days within which
to initiate action to correct the default and thirty(30)days within which to cure the
default to the satisfaction of the non-defaulting party.
B. In the event that the defaulting party fails to cure the default, the non-defaulting
party shall have the right to terminate this Contract. The effective date of the
termination shall be the date of the notice of termination.
IV. REIMBURSEMENT REQUIREMENTS
GRANTEE agrees to submit the required reimbursement documents to the CITY within
the specific timeframe set forth in the CITY'S grant program.
V. GRANT AMOUNT
The total grant is two thousand and five hundred dollars ($ 2,500.00).
VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS
The CITY may have a financial system analysis and an internal fiscal control evaluation of
the GRANTEE performed by City staff or an independent auditing firm employed by the
CITY at any time the CITY deems necessary to determine the capability of the GRANTEE
to fiscally manage the grant award. Upon completion of all tasks contemplated under this
Agreement, copies of all documents and records relating to this Grant Agreement shall be
submitted to the CITY if requested.
VII. PERFORMANCE
Time is of the essence with regard to performance as set forth in this Agreement and failure
by GRANTEE to complete performance within the times specified, or within a reasonable
time if no time is specified herein, shall, at the option of the CITY without liability, in
addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under
this Agreement.
3
VIII. INDEMNIFICATION
The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its
agents, its employees and elected officer and each of them, free and harmless at all times
from and against any and all claims, liability, expenses, losses, costs, fines and damages,
including attorney's fees,and causes of action of every kind and character against and from
CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature
of this indemnification and hold harmless clause, and voluntarily makes this covenant and
expressly acknowledges the receipt of good and valuable consideration provided by the
CITY in support of this obligation in accordance with the laws of the State of Florida.
GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or
applications thereof, shall apply to the fullest extent permitted by law but in no event shall
they apply to liability caused by the negligence or willful misconduct of the CITY, its
respective agents, servant employees or officers, nor shall the liability limits set forth in
section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination
of the Agreement.
IX. AVAILABILITY OF FUNDS
The CITY's obligation to pay under this Agreement is contingent upon having funds
budgeted and appropriated by the City of Boynton Beach City Commission.
X. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and each
and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
(00306206.2 306-9001821)C:\Program Files(X86)\Neevia.Com\Docconvaterpro\Temp\NVDC\0AEE6562-AC48-430A-8055-5F649474FI6C\Boynton
Beach.16786.1.Grant_Agreement_(00306206-2xc466a).Docx
XI. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status,or sexual orientation.
XII. FEES,COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys'fees,court costs and all expenses(including taxes)
even if not taxable as court costs (including, without limitation, all such fees, costs and
expenses incident to appeals),incurred in that action or proceeding,in addition to any other
relief to which such party or parties may be entitled, provided, however, that this clause
pertains only to the parties to this Agreement.
XII. SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement,or the application of such terms or provision,to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
XIV. ENTIRE AGREEMENT
The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement
between the parties,and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Agreement may be
added to,modified,superseded or otherwise altered,except by written instrument executed
by the parties hereto.
XV. NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested, and if sent to the CITY shall be mailed to:
John Durgan, Economic Development Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6014
Facsimile (561) 742-6011
with a copy to:
Shawna Lamb, City Attorney
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6051
Facsimile (561) 742-6011
and if sent to the GRANTEE shall be mailed to (current official address):
9 / fan Polk* Vi., 41 36 i, FL .: ;3137
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first above written.
CITY GRANTEE
_Daybreak Mortgage LLC
Br----D 1
Y• ...1111111 , By:
Print: /II I: Leslie Messina
Name: ,,, 1117 .., Title: President
V
A ST: ATTEST:
/M,..e,r).-..-4----
Maylee Jesus, C. Clerk Print Name: Vincent Messina
F gOYN �,,e: Witness
APPROVED AS TO LEGAL FORM:1 (;'��•GORPp•••.� '��
:= ,SE 1 0 $(CORPORATE SEAL)
�NCORp� := i
0
4/tUdna( J• . 1920 rF:
Office of the City Attorney 'k, ........•'•
\'40RIDN
CITY OF BOYNTON BEACH GRANT
AGREEMENT
THIS AGREEMENT is made this /7 k day of 7?. ftia / , 2024, by and between the
CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as
"CITY," and Zelta Home Watch hereinafter referred to as "Grantee."
dr/6/a Zc bi-4 6w/c or.Jo Ate.
WITNESSETH:
WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth
within the CITY's municipal boundaries; and
WHEREAS, The City of Boynton Beach Small Business Marketing Grant program
provides City funding to support new and existing small businesses with their marketing needs;
and
WHEREAS, the CITY has determined that it is in the public's best interest, and that it
serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms
of this Agreement.
WHEREAS, in order to justify the expenditure of public funds and secure the public's
interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into
this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations
pursuant to the CITY's grant program.
NOW,THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties hereby agree as follows:
I. GRANTEE'S PERFORMANCE OBLIGATIONS
A. GRANTEE agrees that it will perform the business activities as more specifically
set forth in GRANTEE's Grant Application. Representations contained in the
Application are deemed material representation of the GRANTEE and failure to
expend the grant funds as set forth in the CITY'S grant program constitutes a breach
of this Agreement. GRANTEE agrees that it is solely liable to the CITY for
performance under this Agreement, and that, in the event of default as solely
determined by the City, GRANTEE will, as more specifically set forth herein,
refund to the CITY monies paid pursuant to this Agreement.
1
B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee
execution of its performance obligations under this Agreement, and that execution
of each of these performance obligations is consistent with GRANTEE's mission.
II. PAYMENT PROCEDURES CONDITIONS
A. The Grant funds available pursuant to this Agreement will be paid by the CITY to
the GRANTEE only after the.GRANTEE provides the.documentation as required
by the CITY.
B. If the GRANTEE fails to comply with any of the provisions of this Agreement,the
CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the
funds upon giving written notice to the GRANTEE, and/or terminate this
Agreement and the CITY shall have no further funding obligation to the GRANTEE
under this Agreement.
C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful
receipt of funds, including unlawful and/or unauthorized receipt of funds
discovered after the expiration of this Agreement. The GRANTEE shall also be
liable to reimburse the CITY for any lost or stolen funds.
D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for
any reason, any remaining unpaid portion of this Agreement shall be retained by
the CITY and the CITY shall have no further funding obligation to GRANTEE with
regard to those unpaid funds. The determination that the GRANTEE has ceased or
suspended its operation shall be made solely by the CITY and GRANTEE, its
successors or assigns in interest, agrees to be bound by the CITY's determination.
E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be
repaid by delivering to the CITY a cashier's check for the total amount due payable
to the City of Boynton Beach within thirty(30)days of the CITY's demand.
F. All corporate or partnership officers and members of GRANTEE are individually
and severally responsible for refunding grant funds to the CITY in the event of a
default.
G. The above provisions do not waive any rights of the CITY or preclude the CITY
from pursuing any other remedy which may be available to it under law. Nothing
contained herein shall act as a limitation of the CITY's right to be repaid in the event
the GRANTEE fails to comply with the terms of this Agreement.
2
III. DEFAULT/TERMINATION
A. In the event that a party fails to comply with the terms of this Contract, other than
payment of funds,then the non-defaulting party shall provide to the defaulting party
notice of the default and the defaulting party shall have ten(10)days within which
to initiate action to correct the default and thirty(30)days within which to cure the
default to the satisfaction of the non-defaulting party.
B. In the event that the defaulting party fails to cure the default, the non-defaulting
party shall have the right to terminate this Contract. The effective date of the
termination shall be the date of the notice of termination.
IV. REIMBURSEMENT REQUIREMENTS
GRANTEE agrees to submit the required reimbursement documents to the CITY within
the specific timeframe set forth in the CITY'S grant program.
V. GRANT AMOUNT
The total grant is two thousand and five hundred dollars ($ 2,500.00).
VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS
The CITY may have a financial system analysis and an internal fiscal control evaluation of
the GRANTEE performed by City staff or an independent auditing firm employed by the
CITY at any time the CITY deems necessary to determine the capability of the GRANTEE
to fiscally manage the grant award. Upon completion of all tasks contemplated under this
Agreement, copies of all documents and records relating to this Grant Agreement shall be
submitted to the CITY if requested.
VII. PERFORMANCE
Time is of the essence with regard to performance as set forth in this Agreement and failure
by GRANTEE to complete performance within the times specified, or within a reasonable
time if no time is specified herein, shall, at the option of the CITY without liability, in
addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under
this Agreement.
3
VIII. INDEMNIFICATION
The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its
agents, its employees and elected officer and each of them, free and harmless at all times
from and against any and all claims, liability, expenses, losses, costs, fines and damages,
including attorney's fees,and causes of action of every kind and character against and from
CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature
of this indemnification and hold harmless clause, and voluntarily makes this covenant and
expressly acknowledges the receipt of good and valuable consideration provided by the
CITY in support of this obligation in accordance with the laws of the State of Florida.
GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or
applications thereof, shall apply to the fullest extent permitted by law but in no event shall
they apply to liability caused by the negligence or willful misconduct of the CITY, its
respective agents, servant employees or officers, nor shall the liability limits set forth in
section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination
of the Agreement.
IX. AVAILABILITY OF FUNDS
The CITY's obligation to pay under this Agreement is contingent upon having funds
budgeted and appropriated by the City of Boynton Beach City Commission.
X. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and each
and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
(00306206.2 306-9001821}C:\Program Files(X86)\NeeviaCom\Docconverteapro\Temp\NVDC\0AEE6562-AC48-430A-8055-5F649474F16C\Boynton
Beach.16786.1.Grant_Agreement_(00306206-2sc4b6a).Docs
XI. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
XII. FEES,COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys'fees, court costs and all expenses(including taxes)
even if not taxable as court costs (including, without limitation, all such fees, costs and
expenses incident to appeals),incurred in that action or proceeding,in addition to any other
relief to which such party or parties may be entitled, provided, however, that this clause
pertains only to the parties to this Agreement.
XII. SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement,or the application of such terms or provision,to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
XIV. ENTIRE AGREEMENT
The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement
between the parties,and that there are no promises or understandings other than those stated
herein. None of the provisions,terms and conditions contained in this Agreement may be
added to,modified,superseded or otherwise altered,except by written instrument executed
by the parties hereto.
XV. NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested, and if sent to the CITY shall be mailed to:
John Durgan, Economic Development Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6014
Facsimile (561) 742-6011
with a copy to:
Shawna Lamb, City Attorney
P.O. Box 310
Boynton Beach, FL 33425
Telephone No. (561) 742-6051
Facsimile (561) 742-6011
and if sent to the GRANTEE shall be mailed to (current official address):
Aki 41.ihynia4 ich give sk g��s� B� � �6
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
and year first above written.
CITY GRANTEE
�y T o G✓.q- t
Print: knIeyy Print: ,1,,th .14C4.1",,4 A
IY1�nc�cr
Name: CI Title: C&' c-vu,.�.octiL
A r-.ST: ATTEST:
I, i ‘ t
Maylee De isus, City C •rk Print Name: j 0,v P, rne Cc+
Title: A
APPROVED AS TO LEGAL FORM:
(CORPORATE SEAL)
� • .• RPORgT•.� 1
Office of the City Attorney ;'�° F •.� 1,
f SEAL I'%
•
i ;INCORPORATED;
'll •. 1920 •.•
•
,``" FLORID .
CITY OF BOYNTON BEACH GRANT
AGREEMENT
THIS AGREEMENT is made this / day of "_"1 , 2024, by and between the
CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as
"CITY," and Keisha Cakes LLC hereinafter referred to as "Grantee."
WITNESSETH:
WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth
within the CITY's municipal boundaries; and
WHEREAS, The City of Boynton Beach Small Business Marketing Grant program
provides City funding to support new and existing small businesses with their marketing needs;
and
WHEREAS, the CITY has determined that it is in the public's best interest, and that it
serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms
of this Agreement.
WHEREAS, in order to justify the expenditure of public funds and secure the public's
interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into
this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations
pursuant to the CITY's grant program.
NOW,THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties hereby agree as follows:
I. GRANTEE'S PERFORMANCE OBLIGATIONS
A. GRANTEE agrees that it will perform the business activities as more specifically
set forth in GRANTEE's Grant Application. Representations contained in the
Application are deemed material representation of the GRANTEE and failure to
expend the grant funds as set forth in the CITY'S grant program constitutes a breach
of this Agreement. GRANTEE agrees that it is solely liable to the CITY for
performance under this Agreement, and that, in the event of default as solely
determined by the City, GRANTEE will, as more specifically set forth herein,
refund to the CITY monies paid pursuant to this Agreement.
1
B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee
execution of its performance obligations under this Agreement, and that execution
of each of these performance obligations is consistent with GRANTEE's mission.
II. PAYMENT PROCEDURES,CONDITTQNS
A. The Grant funds available pursuant to this Agreement will be paid by the CITY to
the GRANTEE only after the GRANTEE provides the documentation as required
by the CITY.
B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the
CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the
funds upon giving written notice to the GRANTEE, and/or terminate this
Agreement and the CITY shall have no further funding obligation to the GRANTEE
under this Agreement.
C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful
receipt of funds, including unlawful and/or unauthorized receipt of funds
discovered after the expiration of this Agreement. The GRANTEE shall also be
liable to reimburse the CITY for any lost or stolen funds.
D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for
any reason, any remaining unpaid portion of this Agreement shall be retained by
the CITY and the CITY shall have no further funding obligation to GRANTEE with
regard to those unpaid funds. The determination that the GRANTEE has ceased or
suspended its operation shall be made solely by the CITY and GRANTEE, its
successors or assigns in interest, agrees to be bound by the CITY's determination.
E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be
repaid by delivering to the CITY a cashier's check for the total amount due payable
to the City of Boynton Beach within thirty(30)days of the CITY's demand.
F. All corporate or partnership officers and members of GRANTEE are individually
and severally responsible for refunding grant funds to the CITY in the event of a
default.
G. The above provisions do not waive any rights of the CITY or preclude the CITY
from pursuing any other remedy which may be available to it under law. Nothing
contained herein shall act as a limitation of the CITY's right to be repaid in the event
the GRANTEE fails to comply with the terms of this Agreement.
2
III. DEFAULT/TERMINATION
A. In the event that a party fails to comply with the terms of this Contract, other than
payment of funds,then the non-defaulting party shall provide to the defaulting party
notice of the default and the defaulting party shall have ten(10)days within which
to initiate action to correct the default and thirty(30)days within which to cure the
default to the satisfaction of the non-defaulting party.
B. In the event that the defaulting party fails to cure the default, the non-defaulting
party shall have the right to terminate this Contract. The effective date of the
termination shall be the date of the notice of termination.
IV. REIMBURSEMENT REQUIREMENTS
GRANTEE agrees to submit the required reimbursement documents to the CITY within
the specific timeframe set forth in the CITY'S grant program.
V. GRANT AMOUNT
The total grant is two thousand and five hundred dollars ($_2,500.00).
VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS
The CITY may have a financial system analysis and an internal fiscal control evaluation of
the GRANTEE performed by City staff or an independent auditing firm employed by the
CITY at any time the CITY deems necessary to determine the capability of the GRANTEE
to fiscally manage the grant award. Upon completion of all tasks contemplated under this
Agreement, copies of all documents and records relating to this Grant Agreement shall be
submitted to the CITY if requested.
VII. PERFORMANCE
Time is of the essence with regard to performance as set forth in this Agreement and failure
by GRANTEE to complete performance within the times specified, or within a reasonable
time if no time is specified herein, shall, at the option of the CITY without liability, in
addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under
this Agreement.
3
VIII. INDEMNIFICATION
The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its
agents, its employees and elected officer and each of them, free and harmless at all times
from and against any and all claims, liability, expenses, losses, costs, fines and damages,
including attorney's fees, and causes of action of every kind and character against and from
CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature
of this indemnification and hold harmless clause, and voluntarily makes this covenant and
expressly acknowledges the receipt of good and valuable consideration provided by the
CITY in support of this obligation in accordance with the laws of the State of Florida.
GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or
applications thereof, shall apply to the fullest extent permitted by law but in no event shall
they apply to liability caused by the negligence or willful misconduct of the CITY, its
respective agents, servant employees or officers, nor shall the liability limits set forth in
section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination
of the Agreement.
IX. AVAILABILITY OF FUNDS
The CITY's obligation to pay under this Agreement is contingent upon having funds
budgeted and appropriated by the City of Boynton Beach City Commission.
X. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and each
and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
(00306206.2 306-9001821)C\Program Files(X86)\Neevia.Com\Docconverterpso\Tanp\NVDC\0AEE6562-AC48-430A-8055-5F649474F16C\Boynton
Beach.16786.1.Grant_Agreement_(00306206-2xc4b6a).Does
XI. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
XII. FEES,COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys'fees,court costs and all expenses(including taxes)
even if not taxable as court costs (including, without limitation, all such fees, costs and
expenses incident to appeals),incurred in that action or proceeding,in addition to any other
relief to which such party or parties may be entitled, provided, however, that this clause
pertains only to the parties to this Agreement.
XII. SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement,or the application of such terms or provision,to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
XIV. ENTIRE AGREEMENT
The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement
between the parties,and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Agreement may be
added to,modified,superseded or otherwise altered,except by written instrument executed
by the parties hereto.
XV. NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested, and if sent to the CITY shall be mailed to:
John Dorgan, Economic Development Manager
City of Boynton Beach
PO. Box 310
Boynton Beath, FL 33425
Telephone No (561 ) 742-6014
Facsirntle(561)742-6011
with a copy to
Shawma Lamb.City Attorney
PO. Box 310
Boynton Beach, FL 33425
Telephone No (56 1)742-6051
f-acs,mtle (561)742-6011
and if sent to the GRAN E hE shall he mailed to'current official address)_
i3Z L &i i2 d, , 86y/4 h% & ?i1, le. 3&2 .
IN Wil N ESS WHEREOF, the partes hereto have execute! this Agreement as of the date
and veal' first above wnttcn
CITY G RANTE E
KeiShi eakes L 1-(:
131 '� ` —...1-,•-tE�1% ("Ir"--"—
Prtrtt Pnn t t Sit as, era I n C,$.:. ...,.�.
Name L iii_eit,V /9 OISCitareifer I We 0 w in s r
.A. . .sr Ac IE .,
IA__ A. 11-
. .... , ___
.... 1 -6,.."/ --
Ma)Ice 'he ..U3. C Ity CI, k hi nt Name pt.. Q +At4 AM
E arc' . tAii' f
APPROVED AS 'I t' I VGA! FORM
t'()RN)RA7T SEAL)
ihd,4Jn0, 4ti
g0YNT0
office of the Cit) Attornelf i l '.• pRPORq���•�1 t
7 I
/ USEAL
i • :S
INCORPORATED:
.' 1920
/ i
st-s_
CITY OF BOYNTON BEACH GRANT
AGREEMENT
THIS AGREEMENT is made this Nit'day of/LW/ , 2024, by and between the
CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as
P �
"CITY," and Dr. Nicole A Rothman PA hereinafter referred to as "Grantee."
WITNESSETH:
WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth
within the CITY's municipal boundaries; and
WHEREAS, The City of Boynton Beach Small Business Marketing Grant program
provides City funding to support new and existing small businesses with their marketing needs;
and
WHEREAS, the CITY has determined that it is in the public's best interest, and that it
serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms
of this Agreement.
WHEREAS, in order to justify the expenditure of public funds and secure the public's
interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into
this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations
pursuant to the CITY's grant program.
NOW,THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties hereby agree as follows:
I. GRANTEE'S PERFORMANCE OBLIGATIONS
A. GRANTEE agrees that it will perform the business activities as more specifically
set forth in GRANTEE's Grant Application. Representations contained in the
Application are deemed material representation of the GRANTEE and failure to
expend the grant funds as set forth in the CITY'S grant program constitutes a breach
of this Agreement. GRANTEE agrees that it is solely liable to the CITY for
performance under this Agreement, and that, in the event of default as solely
determined by the City, GRANTEE will, as more specifically set forth herein,
refund to the CITY monies paid pursuant to this Agreement.
1
B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee
execution of its performance obligations under this Agreement, and that execution
of each of these performance obligations is consistent with GRANTEE's mission.
II. PAYMENT PROCEDURES,CONDITIONS
•
A. The Grant funds available pursuant to this Agreement will be paid by the CITY to
the GRANTEE only after the GRANTEE provides the documentation as required
by the CITY.
B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the
CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the
funds upon giving written notice to the GRANTEE, and/or terminate this
Agreement and the CITY shall have no further funding obligation to the GRANTEE
under this Agreement.
C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful
receipt of funds, including unlawful and/or unauthorized receipt of funds
discovered after the expiration of this Agreement. The GRANTEE shall also be
liable to reimburse the CITY for any lost or stolen funds.
D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for
any reason, any remaining unpaid portion of this Agreement shall be retained by
the CITY and the CITY shall have no further funding obligation to GRANTEE with
regard to those unpaid funds. The determination that the GRANTEE has ceased or
suspended its operation shall be made solely by the CITY and GRANTEE, its
successors or assigns in interest, agrees to be bound by the CITY's determination.
E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be
repaid by delivering to the CITY a cashier's check for the total amount due payable
to the City of Boynton Beach within thirty(30) days of the CITY's demand.
F. All corporate or partnership officers and members of GRANTEE are individually
and severally responsible for refunding grant funds to the CITY in the event of a
default.
G. The above provisions do not waive any rights of the CITY or preclude the CITY
from pursuing any other remedy which may be available to it under law. Nothing
contained herein shall act as a limitation of the CITY's right to be repaid in the event
the GRANTEE fails to comply with the terms of this Agreement.
2
III. DEFAULT/TERMINATION
A. In the event that a party fails to comply with the terms of this Contract, other than
payment of funds,then the non-defaulting party shall provide to the defaulting party
notice of the default and the defaulting party shall have ten(10)days within which
to initiate action to correct the default and thirty(30)days within which to cure the
default to the satisfaction of the non-defaulting party.
B. In the event that the defaulting party fails to cure the default, the non-defaulting
party shall have the right to terminate this Contract. The effective date of the
termination shall be the date of the notice of termination.
IV. REIMBURSEMENT REQUIREMENTS
GRANTEE agrees to submit the required reimbursement documents to the CITY within
the specific timeframe set forth in the CITY'S grant program.
V. GRANT AMOUNT
The total grant is two thousand and five hundred dollars ($_2,500.00).
VI. FINANCIAL ACCOUNTABILITY,REPORTS AND AUDITS
The CITY may have a financial system analysis and an internal fiscal control evaluation of
the GRANTEE performed by City staff or an independent auditing firm employed by the
CITY at any time the CITY deems necessary to determine the capability of the GRANTEE
to fiscally manage the grant award. Upon completion of all tasks contemplated under this
Agreement, copies of all documents and records relating to this Grant Agreement shall be
submitted to the CITY if requested.
VII. PERFORMANCE
Time is of the essence with regard to performance as set forth in this Agreement and failure
by GRANTEE to complete performance within the times specified, or within a reasonable
time if no time is specified herein, shall, at the option of the CITY without liability, in
addition to any of the CITY's rights or remedies,relieve the CITY of any obligation under
this Agreement.
3
VIII. INDEMNIFICATION
The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its
agents, its employees and elected officer and each of them, free and harmless at all times
from and against any and all claims, liability, expenses, losses, costs, fines and damages,
including attorney's fees, and causes of action of every kind and character against and from
CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature
of this indemnification and hold harmless clause, and voluntarily makes this covenant and
expressly acknowledges the receipt of good and valuable consideration provided by the
CITY in support of this obligation in accordance with the laws of the State of Florida.
GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or
applications thereof, shall apply to the fullest extent permitted by law but in no event shall
they apply to liability caused by the negligence or willful misconduct of the CITY, its
respective agents, servant employees or officers, nor shall the liability limits set forth in
section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination
of the Agreement.
IX. AVAILABILITY OF FUNDS
The CITY's obligation to pay under this Agreement is contingent upon having funds
budgeted and appropriated by the City of Boynton Beach City Commission.
X. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and each
and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
(00306206.2 306-9001821)C:\Rogram Files(X86)\NeeviaCom\Docconverterpro\Temp W VDC\0AEE6562-AC48-430A-8055-5F649474F16C\Boynton
Beach 16786.1.Grant_Agreement_(00306206-2xc466a).Docx
XI. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
XII. FEES,COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys'fees, court costs and all expenses(including taxes)
even if not taxable as court costs (including, without limitation, all such fees, costs and
expenses incident to appeals),incurred in that action or proceeding,in addition to any other
relief to which such party or parties may be entitled, provided, however, that this clause
pertains only to the parties to this Agreement.
XII. SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement,or the application of such terms or provision,to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
XIV. ENTIRE AGREEMENT
The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement
between the parties,and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Agreement may be
added to,modified, superseded or otherwise altered,except by written instrument executed
by the parties hereto.
XV. NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested, and if sent to the CITY shall be mailed to:
John Durgan, Economic Development Managcr
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):
3ff a Ujilit!'Ark 844 &OA ico h, /l .43340
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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ACI -003
CITY OF BOYNTON BEACH SMALL BUSINESS MARKETING GRANT AGREEMENT
~THIS AGREEMENT is made this _ _ day of_, Q14Y _ 202 _, by and between the 'Dec e%,..S er \S - 2'13
CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as
"City"," and Anzo , hereinafter referred to as "Grantee" (each a "Party" and
collectively the"Parties").
W1TNESSETH:
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 Marketing Grant Program ("Grant Program")
provides City funding to support new and existing small businesses with their marketing needs,
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
I .
WHEREAS, the Parties desire to enter into this Agreement to ensure Grantee's
performance in accordance with the Grant Program requirements and to support the related
expenditure of public funds and secure the public's interest;and
WHEREAS, the City has determined that it is in the public's best interest, and that it
serves a municipal and public purpose,to award a grant to the Grantee pursuant to the terms of
this Agreement.
NOW, THEREFORE, in consideration of the premises and mutual covenants
hereinafter contained,the Parties hereby agree as follows:
L GRANT AMOUNT
City hereby grants to Grantee the sum of S 2_500 (the"Grant Funds").All funding is
subject to the terms and conditions of this Agreement.
IL GRANTEE'S OBLIGATIONS
A. Use of Grant Funds. Grantee may utilize the Grant Funds for the following business
activities: _Development of a marketing/social media plan and Other-Yelp adds_ (the
"Authorized Use"). Failure to expend the Grant Funds in accordance with the Grant
Program guidelines and this Agreement shall constitute a breach of this Agreement.
B. 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.
/5
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. &Igo=„Siang. 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. Qgmpliance with Laws. Grantee and its staff shall possess all licenses and permits
required to conduct its business,including federal, state, city,and county licenses
and permits. Grantee shall comply with all applicable laws, ordinances, and
regulations applicable to Grantee's Authorized Use and use of the Grant Funds.
IIL PAYMENT PROCEDURES,CONDITIONS
A jcumeptation of Expenses.Grant Funds will be paid by the City to the Grantee on a
reimbursement basis. Grantee shall provide copies of detailed invoices and
receipts or proof of payment by Grantee for all authorized expenses.
B. Submittal Deadline. Grantee shall submit a complete request for reimbursement to the
City no later than September 301k, 2024_. Failure to submit by the
reimbursement submittal deadline may result in termination of this Agreement,
revocation of the Grant award, and Grantee being responsible for the full cost of
the Authorized Use.
C. If the Grantee fails to comply with any of the provisions of this Agreement,the City
may withhold, temporarily, or permanently, all, or any, unpaid portion of the
Grant Funds upon giving written notice to the Grantee, and/or terminate this
Agreement and the City shall have no further funding obligation to the Grantee
wirier this Agreement.
D. The Grantee shall repay the City for all unauthorized, illegal or unlawful receipt of
funds, including unlawful and/or unauthorized receipt of funds discovered after
the expiration of this Agreement.The Grantee shall also be liable to reimburse the
City for any lost or stolen funds.
E. In the event the Grantee ceases to exist, or ceases or suspends its operation for any
reason,any remaining unpaid portion of the Grant Funds shall be retained by the
City and the City shall have no further funding obligation to Grantee with regard
to those unpaid funds.The determination that the Grantee has ceased or suspended
its operation shall be made solely by the City and Grantee, its successors or
assigns in interest,agrees to be bound by the City's determination.
F. Grant Funds which are to be repaid to the City pursuant to this Agreement, are to be
repaid by delivering to the City a cashier's check for the total amount due payable
to the City of Boynton Beach within thirty(30)days after the City's demand.
G. All corporate or partnership officers and members of Grantee are individually and
severally responsible for refunding Grant Funds to the City in the event of a
default.
H. The above provisions do not waive any rights of the City or preclude the City from
pursuing any other remedy which may be available to it under law. Nothing
contained herein shall act as a limitation of the City's right to be repaid in the
event the Grantee fails to comply with the terms of this Agreement.
FV fFFAIITT/ TFRMTNATION
A. In the event that a Party fails to comply with the terms of this Agreement, other than
payment of funds, thcn the non-defaulting Party shall provide to the defaulting
Party notice of the default and the defaulting Party shall have ten(10)days within
which to initiate action to correct the default and thirty (30)days within which to
cure the default to the satisfaction of the non-defaulting Party.
B. In the event that the defaulting Party fails to cure the default,the non-defaulting Party
shall have the right to terminate this Agreement. The effective date of the
termination shall be the date of the notice of termination.
V. FINANCIAL ACCOUNTABILITY,REPORTS,AND AUDITS
The City may have a financial system analysis and an internal fiscal control evaluation of
the Grantee performed by City staff or an independent auditing firm employed by the City
at any time the City deems necessary to determine the capability of the Grantee to fiscally
manage the grant award. Upon completion of all tasks contemplated under this
Agreement, copies of all documents and records relating to this Agreement shall be
submitted to the City,if requested.
VL PERFORMANCE
Time is of the essence with regard to performance as set forth in this Agreement and
failure by Grantee to complete performance within the times specified, or within a
reasonable time if no time is specified herein, shall, at the option of the City without
liability, in addition to any of the City's rights or remedies, relieve the City of any
obligation under this Agreement.
VII. INDEMNIFICATION
The Grantee agrees to protect,defend,reimburse,indemnify and hold the City,its agents,
employees, and elected officers (collectively, "Indemnified Party") free and harmless at
all times from and against any and all claims, liability, expenses, losses, costs, fines and
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
5 expiration or termination of the Agreement.
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.
DC. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held exclusively in Palm Beach
County. No remedy herein conferred upon any Party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise.No single or partial exercise by any party of any right,
power,or remedy hereunder shall preclude any other or further exercise thereof.
X. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated equally
during employment without regard to race, color, religion, disability, sex, age, national
origin,ancestry,marital status,or sexual orientation.
XL FEES,COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute,breach,default or misrepresentation in connection with
any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys' fees, court costs and all expenses (including
taxes)even if not taxable as court costs(including,without limitation,all such fees,costs
and expenses incident to appeals),incurred in that action or proceeding,in addition to any
other relief to which such party or parties may be entitled, provided, however, that this
clause pertains only to the Parties to this Agreement.
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.
XIIL ENTIRE AGREEMENT
The Parties agree that this Agreement sets forth the entire Agreement between the Parties,
and that there are no promises or understandings other than those stated herein. None of
the provisions, terms and conditions contained in this Agreement may be added to,
modified, superseded or otherwise altered,except by written instrument executed by the
parties hereto.
XIV.NOTICE
f/ All notice reauired in this Agreement shall he sent hw certified mail. return receipt
John Durgan,Economic Development Manager
City of Boynton Beach
P.O.Box 310
Boynton Beach,FL 33425
Telephone No.(561)742-6014
Facsimile(561)742-6011
with a copy to:
Shawna Lamb,City Attorney
P.O.Box 310
Boynton Beach,FL 33425
Telephone No.(561)742-6051
Facsimile(561)742-6011
and if sent to the Grantee shall be mailed to(current official address):
_970 N Congress Ave,Boynton Beach,FL
XV.MISCELLANEOUS TERMS
A.Jndependent 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 chill 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. Eggulalory 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. Thud-Party Beneficiaries. Neither Party intends to primarily or directly benefit a third
party by this Agreement.Therefore,the Parties acknowledge that there are no third-party
beneficiaries to this Agreement and that no third party shall be entitled to assert a right
or claim against either of them based upon this Agreement.
D. &Ajg = 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 ForeigRConcern. 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
Tf organized under the laws of, and docs not have its principal place of business in, a
four.;on nnaintnr of nnnnrrn nn nr kaftan.flip Ant^C.ront.a rrrnarcto nentrru.nt of try Groot
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 Prevaratio . This Agreement has been jointly prepared by the Parties,and shall not
be construed more strictly against either Party.
G. 1ptervretation. 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.
L 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.
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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