2148 19/20 Historic Sanford Welcome Center (Farmers Market)HISTORIC SANFORD WELCOME CENTER, INC./CITY OF SANFORD
PERMIT AND AGREEMENT RELATING TO FARMERS MARKET
This Permit and Agreement is entered into as of September .,3c) , 2019,knw4r,
.pro-tunc.-to September 30, 2020 with performance commencing on October 1, 2019),
between the Historic Sanford Welcome Center, Inc. (the "Welcome Center"), whose
address is 230 East First Street, Sanford Florida 32771, a non-profit corporation of the
State of Florida, and the City of Sanford, Florida, a municipality of the State of Florida
(the "City"), whose address is 300 North Park Avenue, Sanford, Florida 32771.
WITNESSETH:
Section 1. Duties of the Welcome Center; Rules.
(a). Subject to the terms of this Permit and Agreement, and in consideration of
the mutual benefits, rents, covenants, agreements and obligations set forth hereafter,
the City and the Welcome Center agree as set forth herein.
(b). The following rules shall be in effect at the Farmers Market and shall be
enforced by the Welcome Center:
(1). The Welcome Center is authorized to promulgate and
utilize forms which implement the provisions of these Rules such as,
but not limited to, a vendor's application to participate in the Market.
(2). The Welcome Center shall have the authority to approve
or deny applications from vendors to participate in the Market, but
any denial must be based upon non-discriminatory and operational
determinations.
(3). The Welcome Center may establish and enforce the
hours of operation for the Market. Hours of operation shall include,
but not be limited to, hours and days when sales may occur, required
set-up times, and closures due to inclement weather and other
causes all subject to the times established in the provisions hereof.
(4). All vendors shall be required to meet all Federal, State
and local laws, rules, regulations, codes and ordinances and shall
adhere to all such requirements at all times. Any required licenses
shall be displayed as may be required by law or the permitting
authority. Any required current local business tax receipts shall be
procured from the City.
(5). Vendors shall be charged for the use of Market space as
may be determined by the Welcome Center.
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(6). Vendor sales may be for plants, bakery goods, produce,
dry goods, consumable items, and associated and related
holiday/seasonal items. Vendors may, more specifically, sell farm
and food products including, but not limited to, fruit, vegetables,
dairy, cut flowers, plants, cheese, cider, jams, jellies, relishes, honey,
canned goods and baked goods. Vendors are liable for their own
products. The Market and the City shall not be held accountable,
liable or responsible for any product offered by a vendor. The sale,
use or possession of alcoholic beverages is prohibited unless
approved in accordance with the special events processes and
procedures of the City. The sale of live animals prohibited. All
products shall be of high quality and shall be clearly priced.
(7). Product insurance requirements may be imposed by the
Welcome Center.
(8). Vendors shall be 18 years of age or older. Younger
children may participate with a responsible adult having supervision
of children at all times and the adult shall be responsible for the
conduct and safety of any children present.
(9). Vendors shall display their respective business names at
all times during which they operated at the Market.
(11 0). All vendors are responsible for payment of any local,
State or Federal taxes.
(111). Vendors shall present their products in a professional and
clean manner, including the display of such products. Selling spaces
shall be kept clean and neat. Samples may be offered, but only in a
sanitary manner.
(12). Use of profanity or belligerence shall be grounds for
termination of selling privileges and immediate removal from the
Market. Vendors shall maintain a courteous and professional manner
at the Market. Acting in a manner that does not reflect highly upon
the City in that it is not a generally accepted business practice is
prohibited. All profane, abusive, discourteous, and boisterous
language or conduct at or about the Market, by whoever uttered, is
prohibited.
(13). Vendor's products and signage shall be contained within
the selling space unless otherwise approved by Welcome Center.
(14). Growers who use the Market for sale of produce are
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subject to field inspections to verify the source of produce offered for
sale. Growers may only sell first quality products at the Market.
(15). Space size used at the Market, and the location of that
space, shall be apportioned and assigned by the Welcome Center
and enforced by the Welcome Center.
(16). Fraudulent, dishonest, or deceptive merchandising,
disruptive behavior, or collusion to set prices among vendors are
prohibited. Vendors may distribute written materials as part of their
for profit activities but not in violation of these rules; provide,
however, that, the content of materials shall not be evaluated by the
Welcome Center and only if material is unlawful shall the City's
Police Department be contacted.
(17). Vendors shall be solely responsible at all times for the
cleanliness within their vending area regardless of the origin of the
debris in that location. Each vendor is required to leave his or her
space clean at the end of the day. Each vendor shall remove all
residue or waste products, as well as signs, tents, tables, etc. at the
end of each Market day.
(18). Vendor parking shall be in designated areas only. No
motor vehicle of any type is permitted in the Market area once the
Market opens unless by prior approval by Welcome Center has been
issued.
(19). Market space is intended solely for use by for-profit
enterprises and is intended to enhance the economic vibrancy of the
Historic Downtown area wherein the Market is located. Space will not
be allocated by the Welcome Center to a person or entity regardless
of the views of the person or entity and regardless of the nature of
the person or business when the space is not proposed for use in a
for profit manner as set forth herein and is intended for use to
proselytize, distribute literature, promote a cause or engage in any
similar conduct or activity. Space shall not be allocated for religious,
political or any other similar activity.
(20). The Welcome Center is vested with full responsibility for
enforcing all rules relative to the conduct of each vendor and all other
participants at the Market. To that point, the Welcome Center shall
only contact the City's Police Department should unlawful activity
occur and shall be responsible for the enforcement of all rules
imposed upon vendors. The Welcome Center, or her or his
designated agent, shall have supervision and control authority over
the activities of the Market and the designated Market area spaces
assigned. The Welcome Center shall ensure that it does not extend
or assert any jurisdiction over City streets, parks or facilities beyond
the specifically permitted area provided for under the terms and
conditions of this Permit and Agreement.
Section 2. Authority. Each party hereto represents to the other that it has
undertaken all necessary actions to execute this Permit and Agreement, and that it has
the legal authority to enter into this Permit and Agreement and to undertake all
obligations imposed on it. The persons executing this Permit and Agreement for each
party certify that they are authorized to,bind the party fully to the terms of this Permit
and Agreement.
Section 3. Scope of Permit and Agreement; Direction of the Provision of
Goods and Services.
(a). This Permit and Agreement is for the provision of any and all goods and
services necessary to implement a Farmers Market at Magnolia Square, including the
courtyard area, located in the City on a weekly basis from the hours of 9:00 a.m. to 3:00
p.m. with the initial and the last hours identified for set ups and take downs. The area of
Magnolia Square and the courtyard area which is the subject of this Permit and
Agreement is attached as the exhibit hereto and is incorporated herein by this reference
thereto.
(b). The City's contact/project manager for all purposes under this Permit and
Agreement shall be the following:
Ms. Sonia Fonseca, MBA, FRA -RA Purchasing Manager
Economic Development
300 North Park Ave.
Sanford, Florida 32771
Direct — 407-562-2820
Cell — 407-721-2612
Email — Sonia.Fonseca@Sanfordfl.gov
Section 4. Effective Date and Term of Permit and Agreement. This Permit
and Agreement shall take effect on the dates as set forth above. This Permit and
Agreement shall be in effect for a term of 1 year, ending September 30, 2019, with the
opportunity for additional 1 year renewal periods when in the best interest of the City.
The Welcome Center shall review the quality and status of the goods and services
delivered to the City with the City on a semi-annual basis. In any event, this Permit and
Agreement shall remain in effect until the goods and services to be provided by the
Welcome Center to the City have been fully provided in accordance with the
requirements of the City; provided, however, that, the indemnification provisions and
insurance provisions of the standard contractual terms and conditions referenced herein
shall not terminate and the protections afforded to the City shall continue in effect
subsequent to such goods and services being provided by the Welcome Center.
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Section 5. Compensation. The parties agree to compensation in the sum
of $16,000 for 52 weeks of providing a Farmers Market to the City at the Magnolia
Square facility of the City. This fee is inclusive of all costs including tax receipts and
insurance for the market operation.
Section 6. Standard Contractual Terms and Conditions. All "Standard
Contractual Terms and Conditions", as provided on the City's website, apply to this
Permit and Agreement. Such Terms and Conditions may be found at the City's website;
which can be reached at:
(https://www.sanfordfl.gov/departments/finance/purchasing/contract-terms-and
conditions or www.SanfordFL.gov).
Section 7. The Welcome Center's Mandatory Compliance with Chapter
119, Florida Statutes, and Public Records Requests.
(a). In order to comply with Section 119.0701, Florida Statutes, public records
laws, the Welcome Center 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 the Welcome Center 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.
(b). If the Welcome Center does not comply with a public records request, the
City shall enforce the contract provisions in accordance with this Permit and Agreement.
(c). Failure by the Welcome Center to grant such public access and comply
with public records requests shall be grounds for immediate unilateral cancellation of
this Permit and Agreement by the City. The Welcome Center shall promptly provide the
City with a copy of any request to inspect or copy public records in possession of the
Welcome Center and shall promptly provide the City with a copy of the Welcome Center
response to each such request.
(d). IF THE CONTRACTORNENDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012,
TRACI HOUCHIN, CMC, FCRM, CITY CLERK, CITY OF SANFORD, CITY
HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771,
TRACI.HOUCHIN@SANFORDFL.GOV.
Section 8. Time is of the Essence. Time is hereby declared of the essence
as to the lawful performance of all duties and obligations set forth in this Permit and
Agreement.
Section 9. Entire Permit and Agreement/Modification. This Permit
and Agreement, together with all "Standard Contractual Terms and Conditions", as
provided on the City's website and the attachments hereto (the documents relative to
the procurement activity of the City leading to the award of this Permit and Agreement)
constitute the entire integrated agreement between the City and the Welcome Center
and supersedes and controls over any and all prior agreements, understandings,
representations, correspondence and statements whether written or oral in connection
therewith and all the terms and provisions contained herein constitute the full and
complete agreement between the parties hereto to the date hereof. This Permit and
Agreement may only be amended, supplemented or modified by a formal written
amendment of equal dignity herewith. In the event that the Welcome Center issues a
purchase order, memorandum, letter, or any other instrument addressing the goods or
services, work, and materials to be provided and performed pursuant to this Permit and
Agreement, it is hereby specifically agreed and understood that any such purchase
order, memorandum, letter, or other instrument shall have no effect on this Permit and
Agreement unless agreed to by the City, specifically and in writing in a document of
equal dignity herewith, and any and all terms, provisions, and conditions contained
therein, whether printed or written or referenced on a Web site or otherwise, shall in no
way modify the covenants, terms, and provisions of this Permit and Agreement and
shall have no force or effect thereon.
Section 10. Severability. If any term, provision or condition contained in
this Permit and Agreement shall, to any extent, be held invalid or unenforceable, the
remainder of this Permit and Agreement, or the application of such term, provision or
condition to persons or circumstances other than those in respect of which it is invalid or
unenforceable, shall not be affected thereby, and each term, provision and condition of
this Permit and Agreement shall be valid and enforceable to the fullest extent permitted
by law when consistent with equity and the public interest.
Section 11. Waiver. The failure of the City to insist in any instance upon
the strict performance of any provision of this Permit and Agreement, or to exercise any
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right or privilege granted to the City hereunder shall not constitute or be construed as a
waiver of any such provision or right and the same shall continue in force.
Section 12. Captions. The section headings and captions of this Permit and
Agreement are for convenience and reference only and in no way define, limit, describe
the scope or intent of this Permit and Agreement or any part thereof, or in any way
affect this Permit and Agreement or construe any provision of this Permit and
Agreement.
Section 13. Counterparts. This Permit and 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 and the same document.
Section 14. Binding Effect. This Permit and Agreement shall be binding
upon and inure to the benefit of the successors in interest, transferees and assigns of
the parties. Each party hereto represents to the other that it has undertaken all
necessary actions to execute this Permit and Agreement, and that it has the legal
authority to enter into this Permit and Agreement and to undertake all obligations
imposed on it. The signatories hereof represent that they have the requisite and legal
authority to execute this Permit and Agreement and bind the respective parties herein.
Section 15. Remedies. The rights and remedies of the parties, provided for
under this Permit and Agreement, are in addition to any other rights and remedies
provided by law or otherwise necessary in the public interest.
Section 16. Governing law, Venue and Interpretation. This Permit and
Agreement is to be governed by the laws of the State of Florida. Venue for any legal
proceeding related to this Permit and Agreement shall be in the Eighteenth Judicial
Circuit Court in and for Seminole County, Florida. This Permit and Agreement is the
result of bona fide arms length negotiations between the City and the Welcome Center,
and all parties have contributed substantially and materially to the preparation of the
Permit and Agreement. Accordingly, this Permit and Agreement shall not be construed
or interpreted more strictly against any one party. than against any other party and all
provisions shall be applied to fulfill the public interest.
IN WITNESS WHEREOF, the City and the Welcome Center have executed this
instrument for the purpose herein expressed and the Welcome Center represents and
affirms that the signatories below have full and lawful authority to bind the Welcome
Center in every respect.
SIGNATURE BLOCKS FOLLOW:
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ATTESTMITNESSES:
Brip!�Qag'ey
Secretary
Signatu
Second Witness Printed Name
ATTEST:
(o �-fd
Traci Houchin, CIVIC, FCRM
Approved as to form and legality
William L. Colbert, City Attorney
HISTO
CENTS
By:
Derrlck�,
President
NPUT111100 X1
CITY OF SANFORD
Jeff Tripleit,/Mayor
IN
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