2363 Sanford Main Street - Tax Grant Agreement FY 2020-2021/..-? e ,-� r, F, V � f
SANFORD MAIN STREET, INC. MATCHING GRANT TO TOURIST DEVELOPMENT
TAX GRANT AGREEMENT FISCAL YEAR 2020-2021
THIS AGREEMENT is made and entered thisLAay ofjAxy021, 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".
i rA is
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 attr ct 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
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STREET fails to fulfill 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.
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(a) The CITY and its Commissioners, officers, employees, and agents shall not
be 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,
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MAIN STREET shall repay the CITY the entire sum of this Agreement within 90 days of
notice from the CITY as provided hereinafter.
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
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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,
FLORIDA 32771, TRACI. HOUCH I N@SAN FORDFL.GOV.
(c). In order to comply with Section 119.0701, 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
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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
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
For MAIN STREET:
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
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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
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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
thb day and year first above written.
k
Entered this illIday of Z-1, 2021.
ATTEST.
Mary M0itz
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Secr Lary
ATTEST
wavu&q 'n
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Traci Houchin, City Clerk, MMC, FCRM
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