HomeMy WebLinkAbout2023 06 12 Consent 302 - UCF Incubator 6th Modification of the Funding Agreement.pdfCONSENT AGENDA ITEM 302
CITY COMMISSION AGENDA | JUNE 12, 2023 REGULAR MEETING
TITLE
UCF Incubator 6th Modification of the Funding Agreement
SUMMARY
On August 8, 2022, UCF presented its quarterly update to the City Commission. The
fiscal year 22/23 budget approved by the Commission on September 25, 2022 includes
a budgeted amount of $50,000 for continued support for the UCF Incubator. Approval
of this agreement will represent fiscal support for the UCF Incubator Program totaling
more than $1M since 2007.
RECOMMENDATION
Staff recommends the City Commission authorize the Interim City Manager to execute
the 6th modification to the agreement with the University of Central Florida Research
Foundation, Inc (UCF Incubator) for FY23. The 6th Modification of the UCF Incubator
Economic Development Funding Agreement is attached.
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Sixth Modification to Economic Development Grant Agreement
UCFRF – Business Incubator Program
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SIXTH MODIFICATION TO UCFRF/WINTER SPRINGS INCUBATOR ECONOMIC
DEVELOPMENT FUNDING AGREEMENT
THIS SIXTH MODIFICATION TO ECONOMIC DEVELOPMENT FUNDING AGREEMENT
(“Sixth Modification”) is made and entered into this ____________ day of ____________, 2022, by and
between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose
address is 1126 E. State Road 434, Winter Springs, FL 32708 (“CITY”) and THE UNIVERSITY OF
CENTRAL FLORIDA RESEARCH FOUNDATION, INC., a Florida not for profit, direct support
organization of the University of Central Florida whose address is 12202 RESEARCH PKWY, SUITE
501, ORLANDO FL 32826-3246 (“UCFRF”).
WITNESSETH:
WHEREAS, the parties here to previously entered into an Economic Development Funding Agreement
with an effective date of October 1, 2013, which Agreement had an initial term of three (3) years; and
WHEREAS, on January 18, 2017, the parties entered into a First Modification to Economic
Development Funding Agreement, which provided for the extension of said Agreement through October
1, 2018; and
WHEREAS, in October 2018, the parties entered into a Second Modification to Economic Development
Funding Agreement, which provided for the extension of said Agreement through October 1, 2019; and
WHEREAS, in October, 2019, the parties entered into a Third Modification to Economic Development
Funding Agreement, which provided for the extension of said Agreement through October 1, 202 0; and
WHEREAS, in October, 2020, the parties entered into a Fourth Modification to Economic Development
Funding Agreement, which provided for the extension of said Agreement through October 1, 2021; and
WHEREAS, in October, 2021, the parties entered into a Fifth Modification to Economic Development
Funding Agreement, which provided for the extension of said Agreement through October 1, 2022; and
WHEREAS, the parties desire to further extend the terms of Agreement for an additional year, subject to
several additional conditions;
WHEREAS, it remains the desire of the City to aggressively stimulate economic growth in the City by
attracting new industries and business to the City, by encouraging the expansion of existing industries and
businesses within the City, and by fostering the creation and growth of new industries and businesses in
the City; and
WHEREAS, the creation of new employment opportunities for residents of the City and the increased tax
revenues resulting from such industry or business expansion and relocation within the City is beneficial to
the local economy; and
WHEREAS, UCFRF desires to continue to support the business development incubator in Winter
Springs, Florida; and
WHEREAS, the business incubator continues to serve as a business development program for new and
growing business in Winter Springs and Seminole County; and
WHEREAS, the UCFRF/Winter Springs business incubator facility remains located within the City of
Winter Springs at Vistawilla Office Center located on State Road 434; and
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Sixth Modification to Economic Development Grant Agreement
UCFRF – Business Incubator Program
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WHEREAS, in furtherance of maintaining the Winter Springs business incubator program within the
City of Winter Springs, UCFRF has requested a financial contribution from the City to defray the on-
going maintenance costs associated with the UCFRF/Winter Springs incubator; and
WHEREAS, The City continues to desire to make the financial contribution in furtherance of the
municipal purpose of enhancing the expanding economic activity within its jurisdictional borders under
section 166.021(8), Florida Statutes; and
WHEREAS, the parties recognize this Sixth Modification is necessary to ensure that the financial
contribution provided by the City to UCFRF ultimately serves the intended municipal purpose; and
WHEREAS, the parties desire to enter this Sixth Modification to Economic Development Funding
Agreement, amending the term to continue for one additional year, as further provided herein; and
WHEREAS, the parties agree that the Sixth Modification provided by the City hereunder is for the
benefit of the public health, safety, welfare and convenience of the citizens of the City of Winter Springs
and Seminole County, Florida.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, and other good and
valuable consideration which the parties agree has been exchanged and received, the parties agree as
follows:
Section 1. Recitals. The foregoing recitals are deemed to be true and accurate and form a material part of
the agreement upon which the parties have relied.
Section 2. Amendments. All provisions of the Agreement not amended by this Sixth Modification shall
remain as stated in the Agreement and First, Second, Third, Fourth, and Fifth Modifications, and shall
remain in full force and effect. To the extent of any conflict between the provisions of this Sixth
Modification and the Agreement or First, Second. Third, Fourth, or Fifth Modification, the conflicting
provisions in this Sixth Modification shall prevail. The Agreement is hereby amended as follows:
(A) Section 4.0 is hereby deleted in its entirety and shall be pleased with the following language:
4.0 Payment of Grant Funds. The City agrees to pay UCFRF a lump sum of Fifty
Thousand and No/100 Dollars ($50,000.00), subject to annual budget and appropriation by
the City Commission pursuant to Section 20.0 of this Agreement. This lump sum payment
has been budgeted by the City Commission and shall be due on or before February 1, 2023.
The payment provided hereunder shall be used by the UCFRF to defray costs incurred in
operating the Winter Springs business incubator at the Vistawilla Office Center.
Payment shall be made payable to the University of Central Florida and remitted to
attention of Amanda Coveney, 12201 Research Parkway, Suite 501, Orlando, FL 32826.
(B) Section 5.0 is hereby deleted in its entirety and shall be replaced with the following language:
5.0 Municipal Services. The UCFRF agrees to commit to the City that it will operate the
business incubator program within the City of Winter Springs until at least October 1, 2023,
provided the annual payment is made in accordance with Section 4.0 of this Agreement. The
business incubator program shall be located in a minimum of 10,000 square free of office
space at the Vistawilla Office Center on State Road 434. In addition, UCFRF agrees that it
shall perform the following specific services:
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Sixth Modification to Economic Development Grant Agreement
UCFRF – Business Incubator Program
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(a) Meet with city staff, at least quarterly, to discuss the status and success of business
incubator program and to discuss the anticipated preparation and contents of quarterly reports
and presentations addressed to the City Commission as required in Section 6.0 below;
(b) Conduct and advertise quarterly “business bootcamp” workshops to provide ongoing
business education and support to local businesses;
(c) Participate in City-sponsored events, when appropriate and when required by the City
Manager.
(C) Section 6.0 is hereby deleted in its entirety and shall be replaced with the following language:
6.0 Progress Reports. The UCFRF shall submit a written, quarterly progress report as to
the status of the business incubator program set forth in this Agreement to the City
Commission. A UCFRF representative shall additionally attend a City Commission meeting
at least once quarterly or present the progress report and share additional information as
appropriate. The progress report shall provide sufficient and reasonable detail regarding the
expenditure of the funds provided by the City hereunder. If the detail is not sufficient in the
City Manager or City Commission’s reasonable discretion to permit the City to determine
compliance with this Agreement, the City may seek more reasonable detail from UCFRF.
(D)(C) Section 20.0 is hereby deleted in its entirety and shall be replaced with the following
language
20.0 Termination: Termination by Parties. This Agreement shall terminate on October
1, 2023, unless sooner terminated by the City or UCFRF. The City may terminate this
Agreement if UCFRF fails to operate a business incubator program as required hereunder. If
the City terminates this Agreement under such circumstances, any funds provided by the City
shall be repaid to the City. The City may also terminate this Agreement if the City
Commission elects (at its sole discretion) during the City’s annual budget adoption process
not to budget an appropriate the annual installment payment required under Paragraph 4.0.
UCFRF may terminate this Agreement if the City fails to make the payment required under
Paragraph 4.0.
(E) A new Section 24.0 is hereby added as follows:
24.0 E-Verify.
A. Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, Contractors
(such as UCFRF) shall register with and use the U.S. Department of Homeland Security’s E-
Verify system, https://e-verify.uscis.gov/emp , to verify the work authorization of all
employees hired on and after January 1, 2021.
B. Subcontractors
(i) Contractors shall also require all subcontractors performing work under this
Agreement to us the E-Verify system for all employees they may hire during the term of this
Agreement.
(ii) Contractors shall obtain from all such subcontractors an affidavit stating the
subcontractor does not employ, contract with or subcontract with an unauthorized alien, as
defined in section 448.095, Florida Statutes
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Sixth Modification to Economic Development Grant Agreement
UCFRF – Business Incubator Program
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(iii) Contractors shall provide a copy of all subcontractor affidavits to the City upon
receipt and shall maintain a copy for the duration of the Agreement.
C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes.
Evidence shall consist of an affidavit from the Contractor stating all employees hire on or
after January 1, 2021 have had their work authorization status verified through E-Verify
system and a copy of their proof of registration in the E-Verify system.
D. Failure to comply with this provision is a material breach of the Agreement, and shall
result in the immediate termination of the Agreement without penalty to the City. Contractor
shall be liable for all costs incurred by the City securing a replacement Agreement, including
not limited to, any increased costs for the same services, any costs due to delay, and rebidding
costs, if applicable.
(O)(D) This Sixth Modification shall take effect immediately upon execution by the City and the
UCFRF
IN WITNESS WHEREOF, the parties have executed this Sixth Modification on the dates
indicated below.
CITY OF WINTER SPRINGS UNIVERSITY OF CENTRAL FLORIDA
RESEARCH FOUNDATION
Phil Hursh, Interim City Manager Amanda, Coveney, Assistant Director
Date Date
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By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the
expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the
Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me
to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001
and Title 31, Sections 3729-3730 and 3801-3812).
Sara Garrabrant
Accounting Coordinator Date: 01/06/2023
For invoice questions, please contact Chanda Darice DiPerna
Accountant chanda.diperna@ucf.edu, (407) 823-3778
Bill
to:
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
United States of America
Remit
to:
University of Central Florida
PO Box 160119
Orlando FL 32816-0119
Sponsor Award Ref #:Award
Award Name:
Award Investigator:
Award Period:
RF: Winter Springs Incubator City Funding 2020
Mike Kilbride
10/01/2022 - 09/30/2023
Invoice Number CINV-RFD-00000904
Invoice Date 01/31/2023
Invoice Amount $50,000.00
Sponsor #SP50403
Payment Terms Net 30
Due Date 03/02/2023
Invoice Period (thru)
PO Number:
Award #AWD00000084
Description Current
Fixed Amount $50,000.00
Grand Total $50,000.00
Due to a new system requirement budgets are rounded to whole dollars.
Please reference the UCF award number & invoice number in all correspondence.
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