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2076 Sem Co Interlocal Jobs Growth Incentive Program - ACME Glassr,TORv • FLORIDA r �rF k ECONOMIC DEVELOPMENT TRANSMITTAL MEMORANDUM TO: City Clerk RF.: 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) ❑ Letter of Credit ❑ Maintenance Bond ❑ Ordinance ❑ Performance Bond ❑ Resolution Once completed, please: ❑ Return original ❑ Return copy El Special Instructions: ❑ Mayor's signature ❑ Recording ❑ Rendering [� Safe keeping (Vault) El Please advise if you have any questions regarding the above. Thank you! solx� Sc C Z ri From Date SEMINOLE COUNTY / CITY OF SANFORD JOBS GROWTH INCENTIVE PROGRAM INTERLOCAL FUNDING AGREEMENT (ACME GLASS) THIS INTERLOCAL AGREEMENT is made and entered into this 14th day of May, 2019, by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as "COUNTY," and the CITY OF SANFORD, a Florida municipal corporation, whose address is 300 North Park Drive, Sanford, Florida 32771, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, it is the policy of COUNTY and CITY to aggressively stimulate economic growth in Seminole County and the City of Sanford by, among other things, either attracting new business or encouraging the expansion of existing business into and within their respective jurisdictions; and WHEREAS, the creation of new employment opportunities for residents of Seminole County and the City of Sanford and the increased tax revenues resulting from business expansion are beneficial to the sustained health of the local economy; and WHEREAS, CITY and COUNTY have determined that offering a Jobs Growth Incentive Program encourages both existing business to expand and new business to locate resulting in diverse positive employment opportunities for the residents of Seminole County and the City of Sanford; and WHEREAS, CITY and COUNTY have enacted Jobs Growth Incentive Ordinances and have the fiscal capacity to conduct and accomplish the programs relating thereto; and CERTIFIED CORY -GRANT MALOY Seminole County / City of Sanford CLERK OF THE CIRCUIT COURT : f JGI Program Interlocal Funding Agreement AND COMPTROLLER 3� Acme Glass SENWAHOLECPUNTY, LO IDS Pagel of 6 BY EPUTY CLERK WHEREAS, CM GLAZING, LLC d/b/a ACME GLASS (hereinafter referred to as "COMPANY"), will expand its business in COUNTY and CITY and thereby create certain full- time employment opportunities at certain average salary level and to make certain capital investments all in accordance with COUNTY's Economic Development Strategy, COMPANY's Jobs Growth Incentive Grant Application, and COUNTY's Jobs Growth Incentive Ordinance; and WHEREAS, COMPANY is proposing an expansion at 2650 Jewett Lane, Sanford, Florida 32771, at an approximate cost of EIGHT HUNDRED AND SIXTY-TWO THOUSAND AND 00/100 DOLLARS ($862,000.00), which sum represents a significant capital investment; and WHEREAS, the new jobs created and capital investment made by COMPANY will enhance COUNTY's and the CITY's economic base and is consistent with the stated goals and objectives of the COUNTY's and CITY's Economic Development Strategies; and WHEREAS, COMPANY is eligible to ;receive Job Growth Incentive Grants from COUNTY and CITY; and WHEREAS, COUNTY and CITY find and declare that it is in the public's best interest and serves a public purpose to award a grant and/or other assistance to COMPANY pursuant to the terms of this Agreement; and WHEREAS, COUNTY and CITY desire to enter into this Agreement for the purpose of facilitating the payment of CITY funds to COMPANY under a Jobs Growth Incentive Grant. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby covenant and agree as follows: (1) Pursuant to its Jobs Growth Incentive Program Agreement with COMPANY, COUNTY agrees to pay to COMPANY the total sum of TWENTY-FIVE THOUSAND AND Seminole County / City of Sanford JGI Program Interlocal Funding Agreement Acme Glass Page 2 of 6 NO/100 DOLLARS ($25,000.00) for the expansion of COMPANY's operations at 2650 Jewett Lane, Sanford, Florida 32771, upon COMPANY'S fulfillment of certain conditions as expressed in said Agreement, a copy of which is attached to this Agreement as Exhibit A. (2) CITY agrees to pay to COUNTY the sum of TWELVE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($12,500.00) as its portion of the Jobs Growth Incentive Grant to COMPANY. Said sum shall be paid to COUNTY no later than thirty (30) days after COUNTY's verification to CITY that payment has been made to COMPANY pursuant to the Jobs Growth Incentive Program Agreement between COMPANY and COUNTY. (3) COUNTY agrees to provide CITY with copies of all annual reports and other documents provided to COUNTY by COMPANY pursuant to COUNTY's Agreement with COMPANY, and further, COUNTY agrees to notify CITY when COMPANY has satisfied all of its obligations to CITY and COUNTY under -COUNTY's Jobs Growth Incentive Program Agreement with COMPANY. (4) In the event of COMPANY'S default in its Agreement with COUNTY, all monetary recoverables shall become the sole property of COUNTY, and COUNTY shall refund fifty percent (50%) of those recoverables to CITY. (5) (a) Each party to this Agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions arising out of this Agreement of that party and the officers, employees, and agents thereof. (b) The parties further agree that nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida, nor as a waiver of sovereign immunity of COUNTY and CITY beyond the waiver provided for in Section 768.28, Florida Statutes. Seminole County / City of Sanford JGI Program Interlocal Funding Agreement Acme Glass Page 3 of 6 (c) The waiver of a provision herein by either party shall not constitute the further waiver of said provision or the waiver of any other provision. (6) Neither party to this Agreement shall assign this Agreement, nor any interest arising herein, without the written consent of the other. (7) (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. (8) In providing all services pursuant to this Agreement, the parties 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 non -breaching party to terminate this Agreement immediately upon delivery of written notice of termination to the breaching party as provided hereinabove. (9) (a) The parties agree that they will not engage in any action that would create a conflict of interest in the performance of their obligations pursuant to this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. (b) The parties hereby certify that no officer, agent, or employee of COUNTY or CITY has any material interest (as defined in Florida Statutes) either directly or indirectly in the Seminole County / City of Sanford JGI Program Interlocal Funding Agreement Acme Glass Page 4 of 6 business 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, the parties hereby agree that monies received by COUNTY 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 purposed herein expressed on the day and year first above written. ATTEST: &ei 6vfumipmo, rao TRACI HOUCHIN, City CIerk Approved as to form and legal sufficiency. r 1&tLONNIE GROOT, City Attorney CITY OF SANFORD JEFF `Date- 151 c�P► FOM lid �b [The balance of this page is left intentionally blank, Attestations continued on following page.] Seminole County / City of Sanford JGI Program Interlocal Funding Agreement Acme Glass Page 5 of 6 ATTEST: - A CRATE TR -AL Oefh Yo 111PBo.4d (yam V Cou* Commissidbers•bf `- SemiQ tp,ounty, •Ftwda__ = `SS1v= - For the use Atrdwlitttice of Seminole County only. Approved as to form and legal sufficiency. 1 d I BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA Mon Date: v BRENDA CAREY, As authorized for execution by the Board of County Commissioners at their& &-V I q 2019 regular meeting. PHC/org 3/25/19; 4/22/19; 4/29/19 T.\Users\Legal Secretary CSB\Economic DevelopmentUGI Agreements & IntetlOcals\2019UGI - City of Sanford (Acme Glass).docx Seminole County / City of Sanford JGI Program Interlocal Funding Agreement Acme Glass Page 6 of 6