HomeMy WebLinkAbout2207 CRA Bokey Riders Grant AgreementCITY OF
kNFORD
FLORIDA
2-E
ECONOMIC DEVELOPMENT
TRANSMITTAL MEMORANDUM
To: City Clerk
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order
❑ Final Plat (original mylars)
F] Letter of Credit
❑ Maintenance Bond
❑ Ordinance
F] Performance Bond
F] Resolution
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Once completed, please:
F] Return original
F] Return copy
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Special Instructions:
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❑ Mayor's signature
❑ Recording
F] Rendering
Safe keeping (Vault)
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Please advise if you have any questions regarding the above.
Thank you!
From Date
BOKEY RIDERS, PICNIC IN THE PARK / CITY OF SANFORD COMMUNITY
REDEVELOPMENT AGENCY
FUNDING AGREEMENT
THIS FUNDING AGREEMENT is made and entered into this —5th_ day of
—February-, 2020, by and between, the City of Sanford Community Redevelopment
Agency, a dependent special district of the City of Sanford operating within the State of
Florida, whose address is C/O Sonia Fonseca, Post Office Box 1788, Sanford, Florida
32772, hereinafter referred to as the "CRA", and the Sylvester Franklin whose
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address is 900 Historic Goldsboro Blvd, Sanford Fl- hereinafter referr9d to as
the "Grantee".
WITNESSETH:
WHEREAS, the CRA desires to implement its role within City of Sanford City
government in accordance with the controlling provisions of Florida law; and
WHEREAS, the CRA desires to implement the budgetary decisions of City
Commission of the City of Sanford; and
WHEREAS, it is the desire of the CRA and the "Grantee" to encourage the
development of a centralized hub for community and visitor information; and
WHEREAS, the "Grantee" agrees to engage in certain activities that will enhance
the City of Sanford; and
WHEREAS, the CRA has concluded that the investment of public funds in the
"Grantee's Event" in the amount set forth herein is in the public interest and the City
Commission of the City of Sanford has taken budgetary action and concluded that the
funding of the CRA for the purposes set forth herein provides for and accomplishes a
public purpose,- and
Now, Therefore, in consideration of the terms, provisions and covenants
contained herein, the parties hereto do mutually agree as follows:
Section 1. RECITALS. The foregoing recitals are true and correct and form a
material part of this Agreement upon which the parties have relied.
Section 2. GENERAL PURPOSE. Subject to the terms and conditions hereinafter
set forth in this Agreement, the CRA shall provide funding to the "Grantee" with the
"Grantee" providing detailed performance data on its activities and programs.
Section 3. GENERAL NATURE OF SERVICES TO BE PROVIDED BY THE CENTER.
"Grantee" shall accomplish the implementation of the Bokey Riders, Picnic In the Park
–within the City of Sanford's downtown area to the satisfaction of the CRA and the City
of Sanford.
Section 4. Funding BY THE CRA. The CRA shall provide funding to the
"Grantee" in a one-time reimbursement payment in the amount of not to exceed —one
thousand three hundred and twenty three dollars and no cents ($_1323.00 ) for
cost of the event. The costs include $1,069.43 for the Civic Center rental and $254.00
toward additional city costs.
Section 5. TERM. The term of this Agreement shall be from February 5, 2020 to
March 13, 2020.
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Section 6. RECORDS, REPORTS AND AUDITS.
(a). The "GRANTEE" shall maintain books, records, documents, time and
costs accounts and other evidence directly related to its performance under this
Agreement. All time records and cost data shall be maintained in accordance with
generally accepted accounting principles. The "GRANTEE" shall maintain and allow
access to the CRA and/or the City of Sanford with regard to the records required under
this Section for a period of five (5) years after the completion of this Agreement and
date of final payment for said services, or date of termination of this Agreement. The
CRA and/or the City of Sanford may perform, or cause to have performed, an audit of
the records of the "GRANTEE" before or after final payment to support final payment
hereunder. This audit shall be performed at a time mutually agreeable to the
"GRANTEE" and CRA and/or the City of Sanford subsequent to the close of the final
fiscal period in which the Agreement is performed. In the event of any audit or
inspection conducted reveals any overpayment under the terms of this Agreement, the
"GRANTEE" shall refund such overpayment to the CRA within thirty (30) days of notice
of the request for the refund. In the event of any audit or inspection conducted reveals
any underpayment, appropriate action will be taken.
(b). Any person duly authorized by the CRA and/or the City of Sanford shall
have full access to and the right to examine any of "GRANTEE" records.
(c). The "GRANTEE" shall, prior to receiving the first payment under the terms
and conditions of this Agreement, provide to the CRA and the City of Sanford a report
relating to the programs, activities and finances of the "GRANTEE" during the preceding
fiscal year.
(d). The "GRANTEE" shall provide to the CRA and the City of Sanford each
IRS Form W-9 received or maintained by the "GRANTEE".
(e). The CRA and the City of Sanford shall have the right to unilaterally
terminate this Agreement if the "GRANTEE" refuses to allow public access to all
documents, papers, letters, or other materials subject to provisions of Chapter 119,
Florida Statutes, and other applicable law and made or received by the "GRANTEE" in
conjunction with this Agreement.
(f). The "GRANTEE" agrees to maintain its not-for-profit corporate status in
the State of Florida throughout the term of this Agreement. If the "GRANTEE" should,
during the term of this Agreement, lose its not-for-profit corporate status, this Agreement
shall be automatically and immediately terminated.
(g). The 'GRANTEE" shall permit the CRA and/or the City of Sanford to
monitor the services to be provided hereunder. The "GRANTEE" shall, to assist
monitoring of its program, provide the CRA and/or the City of Sanford such other
information as the CRA and/or the City of Sanford may deem necessary.
Section 7. NON -EXPENDABLE PROPERTY. Any non -expendable personal
property acquired by the "GRANTEE" with CRA funds for the purpose of providing
services stated herein and approved by the CRA hereunder shall, at the termination of
the Agreement, be returned to the CRA.
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Section 8. PROGRAM PUBLICITY. Any and all news releases, signs, or other
types of publicity pertaining to the "GRANTEE'S EVENT" shall recognize the CRA and
the City of Sanford as funding entities.
Section 9. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This Agreement is
solely for the benefit of the formal parties herein, and no right or cause of action shall
accrue upon or by reason hereon, to or for the benefit of any third party not a formal
party hereto.
Section 10. LIABILITY. To the fullest extent permitted by law, the "GRANTEE"
shall indemnify, hold harmless and defend the CRA, the City of Sanford, and their
agents, servants, and employees, or any of them, from and against all claims, damages,
losses, and expenses including, but not limited to, attorneys' fees and other legal costs
such as those for paralegal, investigative, and legal support services, and the actual
cost incurred for expert witness testimony, arising out of or resulting from the
performance of this Agreement. In accordance with Section 725.06, Florida Statutes,
adequate consideration has been provided to the "GRANTEE" for this obligation, the
receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein
shall be deemed to affect the rights, privileges, and immunities of the CRA or the City of
Sanford, as set forth in Section 768.28, Florida Statutes. In claims against any person
or entity indemnified under this Section by an employee of the "GRANTEE" or its agents
or subcontractors, anyone directly or indirectly employed by them or anyone for whose
acts they may be liable, the indemnification obligation under this Section shall not be
limited by a limitation on amount or type of damages, compensation or benefits payable
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by or for the "GRANTEE" or its agents or subcontractors, under Workers' Compensation
acts, disability benefits acts, or other employee benefit acts.
SECTION 11. ASSIGNMENT. This Agreement shall be binding in the parties
hereto and their representatives and successors. Neither party shall assign this
Agreement or the rights and obligation to any other party.
Section 12. DEFAULT.
(a). In the event of default by the "GRANTEE" the CRA shall be entitled to any
and all legal remedies available under Florida law.
(b). Each of the parties hereto shall give the other party written notice of any
defaults hereunder and shall allow the defaulting party thirty (30) days from the date of
receipt to cure such defaults.
Section 13. NOTICES. Any notice required or allowed to be delivered hereunder
shall be in writing and be deemed to be delivered when either (1) hand delivered to the
official hereinafter designated, or (2) upon receipt of such notice when deposited in (a)
the United States mail, postage prepaid, certified mail, return receipt requested, or (b)
third -party mail delivery service that provides verification of delivery addressed to a
party at the address set forth opposite the party's name below, or at such other address
as the party's name below, or at such other address as the party shall specified by
written notice to the other party delivered in accordance herewith.
GRANTEE: SYLVESTER FRANKLIN
FOR BOKEY RIDERS
900 Historic Golsboro Blvd.
Sanford, FL
M
CRA: Sonia Fonseca
SCRA Executive Director
City of Sanford
Post Office Box 1788
Sanford, Florida 32772-1788
Section 14. SEVERABILITY. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the other
parts of the Agreement if the rights and obligations of the parties contained therein
Are not materially prejudiced and if the intentions of the parties can continue to be
affected. To that end, the terms of this Agreement is declared severable.
Section 15. TIME OF THE ESSENCE. Time is hereby declared essence to the
lawful performance of the duties and obligations contained in this Agreement.
Section 16. APPLICABLE LAWNENUE. This Agreement and the provisions
contained herein shall be construed, controlled, and interpreted according to the laws of
the State of Florida. Venue for any legal proceeding related to this Agreement shall be
in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
Section 17. COMPLIANCE WITH LAWS AND REGULATIONS. The "GRANTEE" shall
obtain and possess, throughout the term of this Agreement, all licenses and permits
applicable to its operations under Federal, State and local laws and shall comply with all
fire, health, and other applicable regulatory codes.
Section 18. ATTORNEY FEES. In the event it becomes necessary to institute legal
action to enforce any of the terms of this Agreement, the prevailing party shall be
entitled to recover all out-of-pocket expenses and costs and all reasonable attorneys
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fees, paralegal fees and associated fees and costs from the date of filing until the
termination of litigation whether incurred at trial, on appeal, or otherwise.
Section 19. EFFECTIVE DATE. This Agreement shall take effect when adopted by
the CRA and the "GRANTEE" and fully executed by their duly authorized
representatives.
Section 20. NONDISCRIMINATION. The "GRANTEE" agrees that it will not
discriminate against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age, national origin or disability and will
take affirmative steps to insure that applicants are employed and employees are treated
during employment without regard to race, color, religion, sex, age, national origin or
disability. This provision shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of
pay or their forms or compensation; and selection for training, including apprenticeship.
The "GRANTEE", moreover, shall comply with all the requirements as imposed by the
Americans with Disability Act, the regulations of the Federal government issued
thereunder, and any and all requirements of State law related thereto.
Section 21. FAILURE To ENFORCE NOT WAIVER OF RIGHT. Failure by the CRA to
enforce any provision contained herein shall not be deemed a waiver of the right to do
so thereafter as to the same breach or as to any breach occurring prior or subsequent
thereto.
Section 22. CONFLICT OF INTEREST. The "GRANTEE" agrees that it will not
engage in any action that would create or cause a conflict of interest in the performance
of its obligations pursuant to this Agreement with the CRA or the City of Sanford, or
which would violate or cause others to violate the provisions of Part III, Chapter 112,
Florida Statutes, relating to ethics in government or create or cause a violation of said
provisions of law by and officer, employee or agent of the CRA or the City of Sanford.
Section 23. FURTHER DOCUMENTS. Each of the parties hereto hereby agree that
they will execute and deliver such further instruments and do such further acts and
things as may be necessary or desirable to carry out the purpose of this Agreement.
SECTION 24. CAPTIONS. Sections and other captions contained in this
Agreement are for reference purposes only and are in no way intended to describe,
interpret, define, or limit the scope, extent or intent of this Agreement, or any provision
hereto.
Section 25. FORCE MAiEuRE. The CRA's obligations hereunder shall be subject
to the concept of force majeure. Accordingly, in the event of Acts of God, riot, weather
disturbances, permitting, war, terrorism, civil disobedience, geologic subsidence,
electrical failure, malfunctions, and events of a similar nature, the CRA shall be excused
from providing continual utility service until the cause or causes thereof have been
remedied.
Section 26. INTERPRETATION. The CRA and the "GRANTEE" agree that all
words, terms and conditions contained herein are to be read in concert, each with the
other, and that a provision contained under one (1) heading may be considered to be
equally applicable under another in the interpretation of this Agreement. This
Agreement is the result of a bona fide arms length negotiations between the CRA and
the "GRANTEE" and all parties have contributed substantially and materially to the
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preparation of the Agreement. This Agreement shall not be construed more strictly
against either party on the basis of being the drafter thereof, and both parties have
contributed to the drafting of this Agreement. All provisions of this Agreement shall be
read and applied in para materia with all other provisions hereof.
Section 27. MODIFICATION. This Agreement may not be amended, changed, or
modified, and material provisions hereunder may not be waived, except by a written
document, of equal dignity herewith, approved by the CRA and the "GRANTEE" and
executed by all parties to this Agreement.
Section 28. COUNTERPARTS. This Agreement may be executed in any number
of counterparts, each of which shall be deemed an original, but all of which, taken
together, shall constitute one (1) and the same document.
Section 29. ENTIRE AGREEMENT: EFFECT ON PRIOR AGREEMENT. This instrument
constitutes the entire agreement between the parties and supersedes all previous
discussions, understandings, and agreements between parties relating to the subject
matter of this Agreement. Amendments to and waivers of the provisions herein shall be
made by the parties in writing by formal amendment.
Section 30. No GENERAL CITY OBLIGATION. In no event shall any obligation of
the CRA under this Agreement be or constitute a general obligation or indebtedness of
the City of Sanford, a pledge of the ad valorem taxing power of the City of Sanford or a
general obligation or indebtedness of the City of Sanford within the meaning of the
Constitution of the State of Florida or any other applicable laws, but shall be payable
solely from legally available revenues and funds. Neither the "GRANTEE" the CRA, nor
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any other party shall ever have the right to compel the exercise of the ad valorem taxing
power of the City of Sanford.
In Witness Whereof, the parties hereto have entered this Agreement and
executed and delivered this instrument on the days and year indicated below and the
signatories below hereby represent that they have full authority to execute this
Agreement and to bind the parties set forth herein.
ATTEST:
B, U
Witrtos
Printed Name 41�-n
ATTEST:
By:
Sonia Fonseca
SCRA Ex c tiv Director
Date: 20
Date:'
By:
Charles Davis, Chairman
Date: .� 23
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