787-Sanford Main Street 1999/00 CONTRACT AMENDMENT
THIS CONTRACT AMENDMENT, made this |~+h day of ~ca.r~.r' , A.D.
1999, amends the Contract dated the 16th day of December, A.D. 1998, by and between the CITY
OF SANFORD and the SANFORD MAIN STREET, INC.
WITNESSETH:
TERM. The purpose of this Contract Amendment is to extend the term of the original
Contract now being mended which expired at midnight on September 30, 1999. The term of this
Contract is extended for one (1) year to expire at midnight on September 30, 2000. Under this
extension, both the CITY OF SANFORD and SANFORD MAIN STREET, INC., have the right to
cancel this Contract any time during the extended term by providing ninety (90) days written notice
of such intention. Such notice shall be provided as specified in Section 11 of the original Contract.
All other provisions of the Agreement between the CITY OF SANFORD and SANFORD
MAIN STREET, INC. dated December 16, 1998 shall remain in effect.
IN WITNESS WHEREOF, the parties have hereunder set their hands and seals to this
Contract on the day and year first above written.
Signed in the Presence of:
',\ Wimess
Witness
~/~A. ale~,~ayor
By:
Care~F~'r"~e, Presi~ient
(Sanford Main Street, Inc.-Contract Amendment)
Page 1 of I
AGREEMENT BETWEEN
SANFORD MAIN STREET, INC.
AND
CITY OF SANFORD, FLORIDA
THIS AGREEMENT is entered into this ./ {~-~4 day of 'L(2~ e/~-~98, by and
between THE CITY OF SANFORD, a political subdivision of the State of Florida,
whose address is 900 North Park Avenue, Sanford, Florida 32771, hereinafter referred to
as "CITY ", and SANI:;ORD MAIN STREET, INC. a not-for profit corporation organized
under the laws of the State of Florida, whose corporate address 102 Park Avenue,
Sanford, Florida, 32771, hereinafter referred to as "SANI=ORD MAIN STREET
INC."
WITNESSETH:
WHEREAS, the CITY finds that provision of services including design, economic
restructurinS, promotion, government and membership activities are valid CITY purposes
under the laws of the State of Florida; and
WHEREAS, SANFORD MAIN STREET, INC. performs such services in the course
of its activities and operations; and
WHEREAS, the CITY desires to provide SANFORD MAIN STREET, INC. a grant
totalinS TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) to perform
such services for the benefit of citizens of the City of Sanford,
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
for other Soods and valuable consideration provided by each party hereto, the parties agree
as follows:
Section 1. Recitals. The above recitals are true and correct and form a material
part of the Agreement upon which the parties have relied.
Section 2. Services to be provided by SANFORD MAIN STREET,
INC. SANFORD MAIN STREET, INC. shall
a. assist in facilitating quality building rehabilitation and public improvements to
enhance the appearance of downtown, which will include but not limited to: creating a
banner program for downtown area, continue to offer grants to building owners for
exterior improvements, assist in improving downtown landscaping.
b. Improve the economic base of downtown by strengthening existing businesses and
recruiting new businesses and filling vacancies with office, retail and housing uses;
continue to update and maintain building and business inventory.
c. Enhance the public image of downtown through special events, retail sales events,
and effective public relations, which will include but not limited to: Annual Christmas
Parade, holiday lights in downtown area, July 4th fireworks display.
d. Provide quarterly and annual status reports detailing SANFORD MAIN STREET,
INC. activities relating to Services to be Provided, for review by the City Commission of
the City Commission of the City of Sanford.
Section 3. Goods and Services to be provided by the CITY. The CITY
shall provide a grant in the amount of TWENTY-FIVE THOUSAND AND NO/100
DOLLARS ($25,000.00) to SANFORD MAIN STREET, INC.
Section 4. Payments and billing.
a. As set forth in Section 3 herein, the CITY shall pay to SANFORD MAIN STREET,
INC. the total sum of TWENTY FIVE THOUSAND AND NO/100 DOLLARS
($25,000.00). This is the total amount to be paid to SANFORD MAIN STREET, INC.'
pursuant to this Agreement.
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b. The CITY shall render the TWENTY FIVE THOUSAND AND NO/100 DOLLARS
($25,000.00) in one lump sum payment when made upon request after October 1, 1998.
Section 5. Term~ The term of this agreement shall be from October 1, 1998,
to September 30, 1999, notwithstanding the date the parties signed this Agreement.
Section 6. Assignment. SANFORD MAIN STREET, INC. shall not assign
any right or duties under this Agreement to any other party without written permission
of the CITY. If SANFORD MAIN STREET, INC. attempts to assign any rights or duties
without prior written permission of the CITY, this Agreement may be declared void by the
CITY and SANFORD MAIN STREET, INC. thereupon agrees to remit to the CITY all
payments made pursuant to this Agreement for the entire term of the Agreement.
Section 7. Indemnification. SANFORD MAIN STREET, INC. agrees to
indemnify and hold harmless the CITY from and against any and all liability, claims,
demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and
costs of action including, but not limited to, attorneys' fees, of any kind and nature, arising
or growing out of or in any way connected with the performance of this Agreement by
SANFORD MAIN STREET, INC. or because of or due to the existence of this Agreement
itself.
Section 8. Records and Reports.
a. SANFORD MAIN STREET, INC. shall keep orderly and complete records of
its accounts and operations and shall open these records to inspection and audit by the
authorized CITY personnel at reasonable hours during the entire term of this Agreement,
or, if audit findings have not been resolved at the end of three (3) years, the records shall
be retained until resolution of the audit findings. Any person duly authorized by the CITY
shall have full access to and the fight to examine any of said records during said period.
Project files are confidential and not available for inspection to the extent permitted by State
law.'
b. SANFORD MAIN STREET, INC. agrees to maintain its not-for-profit corporate
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status, the CITY reserves the right to terminate this Agreement immediately and SANFORD'
MAIN STREET, INC. thereupon agrees to remit to the CITY all payments made pursuant
to this Agreement.
c. SANFORD MAIN STREET, INC. shall permit the CITY to monitor the services
to be provided hereunder. SANFORD MAIN STREET, INC. shall, to assist monitoring
of its program, provide to the CITY such information as the CITY may deem necessary.
Section 9. Civil Rights.
a. SANFORD MAIN STREET, INC. will not discriminate against any employee
or person on account of race, color, sex, religious background, ancestry, marital status,
disability or national origin in the performance of this Agreement.
b. It is expressly understood that, upon receipt of evidence of such discrimination,
the CITY shall have the right to terminate this Agreement for breach and SANFORD MAIN
STREET, INC., thereupon agrees to remit to the CITY all payments made pursuant to this
Agreement.
Section 10. Alteration, variation, etc., Reduce to Writing. Any
alterations, variations, modifications, or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing, duly signed and attached to the original of
this Agreement if revision of any applicable laws or regulations make changes in this
Agreement necessary.
Section 11. Notice. Whenever either party desires to give notice unto the other,
notice may be sent to:
CITY OF SANFORD:
Anthony M. VanDerworp, AICP
City Manager
P.O. Box 1788
Sanford, FL 32772-1778
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SANFORD MAIN STREET, INC.
Linda Kuhn, Program Manager
P.O. Box 1741
Sanford, FL 32772-1741
Section 12. Entire Agreement. This Agreement contains all the terms and
conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding
the subject matter of this Agreement shall be deemed to exist or to bind any of the paxties
hereto.
Section 13. Compliance with Laws and Regulations. SANFORD MAIN
STREET, INC. 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 cedes.
Section 14. Governing Law; Severability. This Agreement shall be
construed in accordance with the laws of the State of Florida. It is agreed by and between
the parties that if any covenant, condition or provision contained in this Agreement is held
to be invalid by any court of competent jurisdiction, such invalidity shall not affect the
validity of any other covenants, conditions, or provisions herein contained to the extent the
CITY derives anticipated benefits from this Agreement.
Section 15. Failure to Enforce Not Waiver of Right. Failure by
CITY to enforce any provision contained herein shall not be deemed a waiver of the fight
to do so thereafter as to the same breach or as to any breach occurring prior. or subsequent
thereto.
Section 16. Conflict of Interest.
a. SANFORD MAIN STREET, INC. 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 the CITY or which would violate or cause others to violate the provisions
of Part III, Chapter 112, Florida.Statutes, 'relating to ethics in government.
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b. SANFORD MAIN STREET, INC. hereby certifies that no officer, agent or
employee of the CITY has any material interest (as defined in Section 112.3 12(15),
Florida Statutes, as over 5%) either directly or indirectly, in the business of SANFORD
MAIN STREET, INC. 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, SANFORD MAIN STREET, INC.
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 hereto have made and executed this
Agreement for the purposes stated herein.
ATTEST:
· Mana'iger
SANFORD MAIN STREET, INC.
BE
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STATE OF FLORIDA }
}
COUNTY OF SEMINOLE}
I HEREBY CERTIFY that on this ~r day o~Q_ev'q,~4i'1998, before me, and
officer duly authorized in the State and County aforesaid to take acknowledgments,
personally appeared BERNARD FITZGERALD and LINDA KUHN, a President and
Program Manager, respectively, of SANFORD MAIN STREET, INC., a not-for-profit
corporation organized under the laws of the State of Florida, who are personally known to
me or who have produced ~])b as i ification. The acknowled ed
"' ~ 7,T.~, ~,,~ ...... State aforementioned. b.~ ~ fi Z)ar)
ATTEST: ,
R O
CITY CLERK
For the use and reliance
of City of Sanford only.
Approved as to form
legal sufficiency
CITY COMMISSION OF THE
ZE M~Z~vO~DA
fflf;[ . , a or
As authorized for execution by the City
regular meeting.
William L. Colbert
City Attorney