HomeMy WebLinkAbout2349 Sanford Main St Tourism Grant Agreement FY 2020-2021MI*
SANFORD MAIN STREET, INC. MATCHING GRANT TO TOURIST DEVELOPMENT
TAX GRANT AGREEMENT FISCAL YEAR 2020-2021
THIS AGREEMENT is made and entered this—day of-, 2021, by and between
CITY OF SANFORD, a political subdivision of the State of Florida, whose address is City
Hall, City of Sanford, 300 North Park Avenue, Sanford, Florida 32771, hereinafter
referred to as the "the CITY", and SANFORD MAIN STREET, INC., a Florida not-for-profit
corporation, whose mailing address is 230 East First Street, Sanford, Florida 32771,
hereinafter referred to as "MAIN STREET'.
WITNESSETH:
WHEREAS, the CITY, in consideration of MAIN STREET using the funds derived
from a County Tourism Grant awarded to MAIN STREET agrees to match the County
Grant in the amount of $50,000 to promote and advertise Downtown Sanford for the
purpose of attracting tourists and visitors; and
WHEREAS, this matching grant will complement the awarded County Tourism
Grant in order to attract visitors to Sanford, from visitors from the State of Florida, the
United States and from throughout the nations of the world.
NOW, THEREFORE, in consideration of the mutual understandings and
agreements set forth herein, the CITY and MAIN STREET agree as follows:
Section 1. Term. The term of this Agreement is from October 1, 2020 through
September 30, 2021, the date of signature by the parties notwithstanding, unless earlier
terminated, as provided herein.
Section 2. Termination. This Agreement may be terminated by either party at any
time, with or without cause, upon not less than 30 days written notice delivered to the other
party or, at the option of the CITY, immediately in the event that MAIN STREET fails to fulfill
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any of the terms, understandings, or covenants of this Agreement. The CITY shall not be
obligated to pay for any services provided or costs incurred by MAIN STREET after MAIN
STREET has received notice of termination. Upon said termination, MAIN STREET shall
immediately refund to the CITY or otherwise utilize as CITY directs any unused funds
provided hereunder.
Section 3. Services.
(a). MAIN STREET shall use funds from this Agreement in conjunction with the
Fiscal Year 2020-21 Tourism Grant from Seminole County to promote and advertise tourism
in the State of Florida, nationally and internationally for the purpose of attraction of tourists.
(b). It is agreed that MAIN STREET shall devote monies received pursuant to
this Agreement to advertising and promotion and shall, where appropriate, participate in
any CITY cooperative advertising programs. MAIN STREET shall submit advertisement
and promotional copy paid for to the CITY for review and approval.
(c). MAIN STREET may use the CITY funds awarded according to this
Agreement to advertise and promote the CITY to attract visitors from throughout the region,
state, nation and internationally. Advertising and promotion is not limited to any particular
media type (i.e., digital, print), but MAIN STREET is expected to coordinate promotional
activities with the CITY.
(d). All the services to be provided or performed shall be in conformance with
commonly accepted industry and professional codes and standards and the laws of any
Federal, State or local regulatory agency.
Section 4. Liability.
(a) The CITY and its Commissioners, officers, employees, and agents shall not be
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deemed to assume any liability for the acts, omissions, and negligence of MAIN STREET,
its officers, employees, and agents in the performance of services provided hereunder.
MAIN STREET hereby agrees to fully and completely indemnify, insure, and hold harmless
the CITY and its Commissioners, officers, employees, and agents from and against any
liability of whatsoever type or nature, howsoever arising, relating in any way to the acts or
omissions of MAIN STREET and its officers, members, agents or employees.
(b). MAIN STREET shall provide to the CITY, at the request of the CITY,
information relative to the insurance coverages available to MAIN STREET.
Section 5. Billing and Payment.
(a). The CITY hereby agrees to provide financial assistance to MAIN STREET
up to a total maximum sum of $50,000.00 being the annual funding allocation. The funds
will be payable for all services provided hereunder by MAIN STREET during the term of
this Agreement.
(b). Qualified expenditures are reimbursable upon receipt by the CITY of a
request for Funds requesting an amount authorized by this Agreement and subject to
verification by the CITY that MAIN STREET has provided the services for which
reimbursement is sought.
(c). Payment requests shall be sent to:
Director of Economic Development
Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771
(d). If MAIN STREET misappropriates or misuses the funds provided herein,
MAIN STREET shall repay the CITY the entire sum of this Agreement within 90 days of
notice from the CITY as provided hereinafter.
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Section 6. Reporting Requirements. In the performance of this Agreement, MAIN
STREET shall maintain books, records, and accounts of all activities in compliance with
normal accounting procedures.
Section 7. Non -Allowable Costs. The monies provided hereunder shall not be
expended on wages or salaries for administrative staff, feasibility studies for facilities, or
administrative expenses.
Section 8. Unavailability of Funds. If, for whatever reason, the funds authorized in
this Agreement by the CITY should become unavailable, this Agreement may be terminated
immediately, at the option of the CITY by written notice of termination to MAIN STREET as
provided hereinafter. The CITY shall not be obligated to pay for any services provided or
costs incurred by MAIN STREET after MAIN STREET has received such notice of
termination. In the event there are any unused CITY funds, MAIN STREET shall promptly
refund those funds to the CITY or otherwise utilize such funds as the CITY directs.
Section 9. Access to Financial Records; Public Records.
(a). MAIN STREET shall allow the CITY and its duly authorized agent, and the
public access to such of MAIN STREET's records as are pertinent to all services provided
hereunder at reasonable times and under reasonable conditions for inspection and
examination in accordance with Florida law.
(b). IF MAIN STREET HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO MAIN STREET'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT (407) 688-5012, TRACI HOUCHIN, MMC, FCRM, CITY
CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD,
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FLORIDA 32771, TRACI. HOUCHIN@SANFORDFL.GOV.
(c). In order to comply with Section 119.070 1, Florida Statutes, public records
laws, MAIN STREET must:
(1). Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service.
(2). Provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not exceed
the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
(3). Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by
law.
(4). Meet all requirements for retaining public records and transfer, at no cost,
to the City all public records in possession of MAIN STREET upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the City in a format that is compatible with the information
technology systems of the City.
(d). If MAIN STREET does not comply with a public records request, the City
shall enforce the contract provisions in accordance with this Agreement.
(e). Failure by MAIN STREET to grant such public access and comply with
public records requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City. MAIN STREET shall promptly provide the City with a copy of
any request to inspect or copy public records in possession of MAIN STREET and shall
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promptly provide the City with a copy of MAIN STREET's response to each such
request.
Section 10. Liaison. MAIN STREET shall submit and original request for funds,
in a form approved, by the CITY when seeking payment and any other correspondence,
to the following:
Director of Economic Development
Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771
Section 11. Notices.
(a). Whenever either party desires to give notice unto the other, it shall be given
in writing by certified United States mail, return receipt requested, and sent to:
For the CITY:
Director of Economic Development
Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771
I Von ky, FA1011RI 9 Sol: 4: a
Director
Sanford Main Street, Inc.
111 SOUTH Magnolia Avenue
Sanford, Florida 32771
(b). Either of the parties may change, by written notice as provided above, the
person or address for receipt of notice.
Section 12. Assignments. Neither party to this Agreement shall assign this
Agreement, nor any interest arising herein, without the written consent of the other.
Section 13. Entire Agreement.
(a). It is understood and agreed that the entire Agreement of the parties is
contained herein and that this Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matter hereof as well as any previous
agreements presently in effect between the parties relating to the subject matter hereof,
(b). Any alterations, amendments, deletions, or waivers of the provisions of
this Agreement shall be valid only when expressed in writing and duly signed by the
parties.
Section 14. Compliance with Laws and Regulations. In providing all services
pursuant to this Agreement, MAIN STREET shall abide by all statutes, ordinances, rules,
and regulations pertaining to, or regulating the provisions of such services, including those
now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or
regulations shall constitute a material breach of this Agreement and shall entitle the CITY
to terminate this Agreement immediately upon delivery of written notice of termination to
MAIN STREET as provided hereinabove.
Section 15. Conflict of Interest.
(a). MAIN STREET agrees that it will not engage in any action that would create
a conflict of interest in the performance of its obligations pursuant to this Agreement with
CITY or which would violate or cause others to violate the provisions of Part III, Chapter
112, Florida Statutes, relating to ethics in government.
(b). MAIN STREET hereby certifies that no officer, agent or employee of CITY
has any material interest (as defined in Section 112.312(15), Florida Statutes, as over 5%,
either directly or indirectly, in the business of MAIN STREET to be conducted here, and
that no such person shall have any such interest at any time during the term of this
Agreement.
(c). Pursuant to Section 216.347, Florida Statutes, MAIN STREET hereby
agrees that monies received from the CITY pursuant to this Agreement will not be used for
the purpose of lobbying the Legislature or any other State or Federal agency.
IN WITNESS WHEREOF, the parties to this Agreement have caused their
names to be affixed hereto by the proper officers thereof for the purposes herein
expressed on the day and year first above written.
Entered this _ day of June, 2021.
SIGNATURE BLOCKS FOLLOW:
ATTEST: SANFORD MAIN STREET, INC, a
Florida not for profit corporation.
Maty Moskowitz
Secretary
ATTEST. -
Traci
TTEST.-
Traci Houchin, City Clerk, MMC, FCRM
By:
Christina H66erbach
President
Date: 1151,3
CITY OF SANFO
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Approved as to form and legal sufficie
William I Colbert City Attorney
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CITY COMMISSION MEMORANDUM 21-142.M
JUNE 28, 2021 AGENDA
To:
PREPARED BY:
SUBMITTED BY:
SUBJECT:
WS RMQ1 X
Item No.
1.
Honorable Mayor and Members of the City Commission
Tom Tomerlin, Ph.D., Economic Development
Norton N. Bonaparte, Jr., City Manager, I A -C
Matching City Grant; Sanford Main Str et, In;.
STRATEGIC PRIORITIES:
FJ Unify Downtown & the Waterfront
F] Promote the City's Distinct Culture
F1 Update Regulatory Framework
Redevelop and Revitalize Disadvantaged Com
SYNOPSIS:
Staff is requesting the City Commission approve a gr;
in the amount of $50,000 as matching funds for a Sei
FISCAL/STAFFING STATEMENT:
The grant amount, $50,000, was anticipated and budg
Budget this fiscal year.
BACKGROUND:
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On May 18, 2021, the Seminole County Board of County Commissioners granted Sanford Main
Street a $50,000 marketing and advertising grant for the purpose of supporting advertising to
promote Sanford to out -of -area visitors.
Sanford Main Street, Inc. is a certified program under the umbrella of the Florida Main Street and
Main Street America programs. It is a 501(c)6 organization under the laws of the State of Florida and
is ftinded via public-private partnerships, which include the City, the City's Community
Redevelopment Agency, and private industry support. One of the four major pillars of the Main Street
Sanford Program is promoting the downtown area to attract visitors.
At the outset of this Tourism application process, the City of Sanford committed to match the Seminole
County Tourism grant ($50,000). Funding from Seminole County Tourism must be used to market
to visitors located outside a 75 -mile radius of the City. The City's matching grant does not restrict
expenditures in this geographic manner, and a primary goal of this funding agreement is to
complement County funding with an ability to advertise and promote Sanford to both in -market
and out -of -market visitors.
LEGAL REVIEW:
The City Attorney has reviewed the grant agreement associated this agenda item and has no legal
objections.
RECOMMENDATION:
Staff recommends the City Commission approve the matching grant agreement to Sanford Main
Street Inc. in the amount of $50,000 for marketing and advertising downtown Sanford, Florida.
SUGGESTED MOTION:
"I move to approve the matching grant agreement to Sanford Main Street Inc. in the amount of
$50,000 for marketing and advertising downtown Sanford, Florida."
Attachment: Sanford Main Street Matching Grant Funding Agreement.
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