Loading...
DOWNTOWN DEVELOPMENT BOARD GRANT FUNDING AGREEMENT - UNIDOS MEXICANOS EN LA FLORIDA INC - CINCO DE MAYO TACO FEST 2026DOWNTOWN DEVELOPMENT BOARD GRANT FUNDING AGREEMENT Unidos Mexicanos en la Florida, Inc. (Unimex) Cinco De Mayo Taco Fest 2026 This Downtown Development Board Grant Funding Agreement ("Agreement") is effective April 20, 2026, between the DOWNTOWN DEVELOPMENT BOARD, an independent special district organized and operating pursuant to the ordinances and laws of the City of Clearwater ("DDB"), and UNIDOS MEXICANOS EN LA FLORIDA, INC., a Florida not-for-profit corporation ("Grantee"). WHEREAS, some of the purposes of DDB's current Work Plan is to increase awareness of DDB District as a fun destination for Clearwater's residents, employees, and visitors, and to increase awareness of the DDB District as a tourist destination; and WHEREAS, Grantee has requested an event funding grant to partially fund The Cinco de may Taco Fest 2026 ("Program"). The proposed event will have food trucks, music, performers, and vendors described in the event application attached as EXHIBIT "A" and the Budget attached as EXHIBIT "B" ("Proposed Program"); and WHEREAS, the DDB has determined that the Proposed Program and providing a grant of up to $23,760.00 all in accordance with the terms of this Agreement, is prudent use of DDB funds. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE I. RECITALS AND TERM 1) Recitals. The recitals set forth above are true and correct and are incorporated herein and made a part of this Agreement. 2) Term. The term of this Agreement shall be for a period of from June 1, 2026 until May 31, 2027, unless earlier terminated under the terms of this Agreement. ARTICLE II. RESPONSIBILITIES OF GRANTEE 1) Services to be Provided by Grantee. a. Grantee shall hire, schedule, and manage all operational and marketing services needed to successfully execute and produce the Approved Program in accordance with the requirements of this Agreement, the Funding Application attached as Exhibit "A", and the Budget attached as Exhibit "B". b. Grantee shall promote the Approved Program and shall identify DDB as a sponsor on all marketing materials, including but not limited to print advertisement, social media, TV, any press releases, and the Grantee websites for the listed event. c. Grantee shall recognize DDB's funding during the Approved Program with an announcement of DDB funding and showcase DDB's sponsorship with DDB's logo at the Approved Program, on marketing materials, and on print advertisement. d. Grantee will notify DDB of cancellation of the Approved Program due to weather, acts of God, or other situations beyond Grantee's control. Rescheduling of the Approved Program must occur within the current DDB fiscal year and will require DDB approval. 1 e. Grantee shall coordinate with city department(s) for special event permit approval and other city resources that meet city safety guidelines and protocols, if required. 2) Required Documents and Reports from Grantee. If Grantee fails to submit all required documents and reports electronically to DDB on or before 5:00 p.m. on July 31, 2027, Grantee will forfeit its rights to reimbursement for the Approved Program. Grantee will receive no reimbursement from DDB for the Approved Program. a) A financial report and accounting for the Approved Program which shall include the total costs and a detailed account of expenses. b) Proof of completion of the Approved Program c) An IRS form W-9 d) Invoice directed to DDB for actual costs incurred and itemized list of expenses containing the type of expense, date of expense, and name of vendor with dated proof of payment from the services provider. e) A report summarizing the impact of the Approved Program, a summary of marketing efforts, the number of attendees or participants, and audience feedback along with any additional information that demonstrates the positive impact of the Approved Program on the DDB District. Electronic copies of all photos or video footage captured at the Approved Program for DDB to use in its marketing materials in the future. 3) Use and Disposition of Funds Received. Funds received by Grantee from the DDB shall only be used as reimbursement for actual costs incurred in compliance with the terms of this Agreement for the Approved Program. 4) Non-discrimination. Notwithstanding any other provision of this Agreement, Grantee, for itself, its agents, contractors, and representatives, agree that: a) No Exclusion from Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the operation of this program on the grounds of race, color, religion, age, disability, gender, pregnancy, gender identity, sexual orientation, marital status, national origin, or genetic information. b) No Exclusion from Hire. In the management, operation, or provision of the program activities authorized and enabled by this Agreement, no person shall be excluded from participation in, denied the benefits of, or otherwise subject to discrimination on the grounds of race, color, religion, age, disability, gender, pregnancy, gender identity, sexual orientation, marital status, national origin, or genetic information„ except that age may be taken into consideration to the extent that the age of an employee is a bona fide occupational qualification, as permitted by law. c) Breach of Non -Discrimination Covenants. If Grantee violates any of the above non-discrimination covenants, the DDB shall have the right to terminate this Agreement immediately, without regard to any grace period or opportunity to cure. 5) Liability and Indemnification. Grantee shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability, therefore, and shall defend, indemnify, and hold harmless the DDB, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence of the DDB or DDB's agents or employees. This 2 includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to Grantee activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by Grantee whether or not based on negligence. Nothing herein shall be construed as consent by the DDB to be sued by third parties or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes, or the Doctrine of Sovereign Immunity. 6) Compliance with Laws. Grantee shall comply with all applicable federal, state, county, and local laws, rules, and regulations. If it is ever determined that this Agreement violates any federal, state, county, or local laws, rules, or regulations, Grantee shall cure the non- compliance promptly, or DDB may terminate this Agreement without regard to any additional grace period or opportunity to cure. ARTICLE III. RESPONSIBILITIES OF THE DDB Grant. Payments will be made to Grantee on a reimbursement basis for direct production costs and city fees incurred, as authorized by this Agreement. The DDB will reimburse Grantee based on invoices and paid receipts submitted for grant expenditures totaling twenty-three thousand seven hundred sixty dollars and 00/100 cents ($23,760.00) for eligible expenses for Cinco de Mayo Taco Fest 2026. The total grant amount shall not exceed twenty-three thousand seven hundred sixty dollars and 00/100 cents ($23,760.00) ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement is the entire Agreement regarding the Approved Program. It may not be modified or discharged except by written amendment executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed amendment hereof. ARTICLE V. TERMINATION 1) For Cause. Failure to adhere to any of the provisions of this Agreement in a material respect shall constitute cause for termination. Either party may terminate this Agreement for cause by giving the other party 30 days' notice of termination. If the default is not cured within the 30 - day period following receipt of the notice, this Agreement shall terminate on the 31st day. 2) Disposition of Fund Monies. In the event of termination for any reason, monies provided to Grantee by DDB but not expended in accordance with this Agreement shall be returned to the DDB within 30 days of demand, and no other installments shall be paid. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this Agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand -delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the 5th business day after the day on which such notice is mailed and properly addressed. 3 1) Grantee: 2) If to DDB, addressed to: Unidos Mexicanos en la Florida, Inc. 600 Cleveland St. Suite 279 Clearwater, FL 33755 Chairman, DDB P.O. Box 4748 Clearwater, FL 33758-4748 ARTICLE VII. MISCELLANEOUS 1) Assignability; Complete Agreement. This Agreement is non -assignable by either party and constitutes the entire Agreement between the Applicant and the Agency and all prior or contemporaneous oral and written agreements or representations of any nature with reference to the subject of the agreement are canceled and superseded by the provisions of this agreement. 2) Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance, and enforcement of this Agreement. This Agreement has been negotiated by the Agency and the Applicant, and the Agreement, including, without limitation, the exhibits, shall not be deemed to have been prepared by the Agency or the Applicant, but by all equally. 3) Severability. Should any section or part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Agreement. 4) Jurisdiction and Venue. For purposes of any suit, action or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof is Pinellas County, Florida. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. If, at any time during the term of this Agreement, the Grantee is not a resident of the State of Florida or has no office, employee, agency, registered agent or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, the Applicant hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the Agency arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a nonresident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Applicant at the address for notices as provided in Article VI. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. (DDB Signature Page) Countersigned: Downtown Development Board Bruce Recta_ Ch. rman Approved as to form: DDB Attorney Matthew J. Mytych Date: l'Ac/,.26" 5 Attest: Rosemarie CaII, City Clerk Date: 19( (07 90.2)(P (GRANTEE SIGNATURE PAGE) Unidos,AMe�xicanos en la Florida, Inc., Florida not-for-profit corporation By: `a lwe_, P Print name: 14e,fmpt P qt3 Title: Unit:aX Date: ©G/S®/?4 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing w instrumen as acknowledgedbefore me by means Physic i presen or gmline notarization, this 5 0 day of , 2026 by t /N{//,V as of ❑ who is/are personally nown to me o 0 has/haa prduced a driver's license as identification. Notary Publlc,�State of Florida (NOTARIAL SEAL) Name of Notary: My Commission Expires: My Commission No.: 6 EXHIBIT "A" FUNDING APPLICATION 7 Downtown Development Board Grant Application Row 6 Applicant / Primary Contact: Helmer Pioquinto Type of Grant Special Event Request Name of Unimex Organization: Street Address: 600 Cleveland St. Suite 279 City: State: FL Zip: 33755 CeII Phone: +1 (727) 657-8479 Clearwater Office Phone: Email Address: helmerpioquinto@gmail.com Website / Social Media Link(s): https://www.unimx.org/about Description of Family event where there will be live entertainment, music, and food Project: for everyone to enjoy. Estimated to have around 2,000 people in attendance. Total Project $29,700.00 Cost ($): Amount of Grant Funds $23,760.00 Requested ($): Applicant's Financial Contribution ($): Third -Party Contributions ($): $5,940.00 When will the event take Coachman Park place? Who will implement the project? Where will the Coachman Park project occur? Project Attraction Applicant Signature: This event will attracts visitors who experience the area's energy and spend money Iocally. This visible success makes the neighborhood a safer bet for new businesses looking to open. At the same time, the fun, community vibe shows potential residents that downtown is a lively and engaging place to live. This creates a powerful cycle where popularity fuels new shops and amenities, which in turn makes the area even more attractive for everyone to live, work, and play. Title of Event: Cinco De Mayo Taco Fest Date(s) of Event: 05/03/2026 Description of 1O:OUamBegin set upofsound system 11:O0omSound checks Special Event: 2:O0pmProgram begins 3:00pmLive performance. 4:OOpmCumbia dance contes5:OOpm Live performance 6:OOpm Second round of cumbia dance contest 7:OOpm Live performance 8:OOpm Wrap up event. 9:OOpm Last food orders 10:OOpm End event and clean up begins Intended Audience / Anticipated Attendance Total Even Cost ($): Event Grant Funds Requested ($) The intended audience for this event are the residents of Clearwater and anyone interested in nearby cities. The anticipated attendance is 2,000 people. Where will the Coachman Park event be held? Contacted Special Events Department? Additional Sponsors or Media Outlets Funded by DDB Unsure Before? Applicant Signature Applied for: Helmer Pioquinto Current BTR: Yes Is 501(c)(3)? Yes Timeframe of 2:00pm - 10:00pm Event: Free to Public? Yes Agreement IS Checkbox Applied / Awarded Community Unsure Sponsorship Program? TacoFest Coachment Park Map 2026 (002) jpg • Edit GREW ST TURN AROUND THE SOUND COACHMAN PARK MAP KEY • CLW. HISPANIC FARMERS MARKET • FOOD TRUCKS © =STAGE 12X20 • SOUND TENT • • 2 3 •1 • • • ,L • • • 5 II• • x•41 • 39 • •33 • • •2 •27 ••331 0.26 13 • 24 •25 El Ali 1111, 0 30 u� • 14• .022 169 11 19 10 • r 15 • • TABLES AND CHAIRS • SPONSOR/EXHIBITION VEHICLES • Bounce Houses • UNIMEX TENT • • INFORMATIONAL VENDORS • • COACHMAN GARDENS • • SECOND STAGE • 20 38 • 17• • 21 3/ 3536 35• 2g• 411/ ••• 15 • 19 X42 • • RY CLEVELAND ST Share X EXHIBIT "B" BUDGET 8 NCOM : ud: e� of BBB Fund Estimated Vendor Fees 3,000 Estimated Sponsorships 2,940 DBB Grant 23760 23760 Total Income 29,700 EXPENSES Venue Rental 6,500 6,500 Event Marketing & Printing 1,000 1,000 Targeted Social Media Marketing 500 500 Promotional Video/Photography 600 600 Event Decorations & Supplies 750 310 Dance Platform 1000 City Fees (Police) 3,000 Event Insurance 850 850 Staff and Volunteer Entertainment (Banda, 11,100 10,600 Sonora, Ensenario, Alianza MX, Mariachi, Pantera Musical, Trio Majestic, Maximo Estilo, DJ moyo, DJ Bimbo, DJ Ruben, Grupo Folklorico Mahezti) Audio -Visual Equipment 3,900 3,400 (Generator, lighting system, additional power supply) ll [:0L -a 7,Ii3KE.o Exhibit "C" NO COERCION FOR LABOR OR SERVICES ATTESTATION Pursuant to Section 787.06(13), F.S., this form must be completed by an officer or representative of a nongovernmental entity when a contract is executed, renewed, or extended between the nongovernmental entity and a governmental entity. Unidos Mexicanos en la Florida, Inc. does not use coercion for labor or services as defined in Section 787.06, F.S. Under penalty of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and correct. Signature: W►tr1/6 f . t' Printed Name: MolivAer fi(luta," Title: Ulawmeg Date: v6/3o/w2‘ 9