PROVIDE PROGRAMS AND ACTIVITIES IN CULTURAL EDUCATIONAL AND LITERARY ARTS FOR CITIZENS OF CLEARWATER
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AGREEMENT
This Funds Agreement is made and entered into between the City of Clearwater, Post
Office Box 4748, Clearwater, Florida 33758-4748, hereinafter referred to as the City,
and Clearwater Arts! Foundation, Inc., 1130 Cleveland Street, Clearwater, Florida
33757, hereinafter referred to as the Foundation.
WHEREAS, the City desires to provide programs and activities in the cultural,
educational, and literary arts for the citizens of Clearwater; and
WHEREAS, grants and corporate funds are frequently only made available to a 501 (c)3
tax exempt non-profit organization; and
WHEREAS, representatives of existing cultural organizations in the City have agreed to
work together with Foundation members to jointly sponsor civic cultural events and
projects;
NOW, THEREFORE, the parties agree as follows:
ARTICLE I. TERM
The term of this agreement shall be for a period of twelve (12) months commencing on
the date of this agreement and shall be extended on an annual basis on the
anniversary date of this agreement until either party terminates the agreement with
thirty (30) days written notice to the other party.
ARTICLE II. RESPONSIBILITIES OF THE FOUNDATION
1. Services to be Provided: The Foundation is a 501 (c)3 organization set up to
promote public support and presentation of artistic and cultural events and activities in
the City. Services shall include, but shall not be limited to visual arts, music,
architecture and preservation of historic buildings and venues for such events and
activities. The Foundation shall also encourage and support the establishment and
maintenance of art museums within the City.
2. Area to be Served: Services rendered through this agreement shall be provided
within the corporate limits of the City as it now exists and as its boundaries may be
changed during the term of this agreement.
3. Scheduled Reports of Foundation Activities: The Foundation shall furnish the
City Human Relations Department, Grants Coordinator, with an annual report of
activities conducted under the provisions of this agreement within sixty days of the end
of the Foundation's fiscal year. Each report is to identify the number of clients served,
the costs of such service, and commentary on the viability, effectiveness, and trends
affecting the program.
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4. Use and Disposition of Funds Received: Funds received by the Foundation
from the City shall be used to pay for the above services as further described in a
separate budget proposal submitted by the Foundation to the City.
5. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: Foundation shall create and maintain financial and
accounting records, books, documents, policies, practices, procedures
and any information necessary to reflect fully the financial activities of the
Foundation. Such records shall be available and accessible at all times
for inspection, review, or audit by authorized City representatives.
b) Use of Records: Foundation shall produce such reports and analyses
that may be required by the City and other duly authorized agencies to
document the proper and prudent stewardship and use of the monies
received through this agreement.
c) Maintenance of Records: All records created hereby are to be retained
and maintained for a period not less than five (5) years from the
termination of this agreement.
6. Non-discrimination: Notwithstanding any other provisions of this agreement
during the term of this agreement, the Foundation for itself, agents and representatives,
as part of the consideration for this agreement, does covenant and agree that it shall
not exclude participation in, or deny the benefit of, or otherwise discriminate in the
operation of its programs:
7. Liability and Indemnification: The Foundation 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 City, 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 or willful
misconduct of the City or City's agents or employees. This includes, but is not limited to
matters arising out of or claimed to have been caused by or in any manner related to
the Foundation's activities or those of any approved or unapproved invitee, contractor,
subcontractor, or other person approved, authorized, or permitted by the Foundation in
or about its premises whether or not based on negligence.
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ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Grant of Funds: The City agrees to provide a grant of $50,000 to fund the
program for the first year in accordance with this agreement and subject to City
Commission budget approval. The Foundation is authorized to carry over any
unexpected portion of said funding into subsequent years. Future grants are
subject to annual budget approval by the City Commission. It is anticipated that
the Foundation will become self-supporting through charitable contributions and
fund raising activities.
2. Payments: The total amount of this grant will be paid by the City to the
Foundation within 30 days after execution of this agreement by the City and the
Foundation but no earlier than October 1 of the budget year for which the funds
are authorized.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof
and may not be changed, modified, or discharged except by written Amendment duly
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
For Cause: Failure to adhere to any of the provisions of this agreement as determined
by the City shall constitute cause for termination. This agreement may by terminated
with five (5) days' notice without any further obligation by City.
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 fifth (5th) business day after the day on which such
notice is mailed and properly addressed.
1. If to City, addressed to City Manager, P.O Box 4748, Clearwater, Florida 33758.
2. If to Foundation, addressed to Clearwater Arts! Foundation, Inc. , c/o Lynn
Wargo, Registered Agent, 1130 Cleveland Street, Clearwater, Florida 33757.
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IN ~ITNESS W
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OF, the parties hereto have set their hands and seals this
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CLEARWATER ARTS! FOU DATION, INC. CITY F CLEARWATER, FLORIDA
By: By:
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Michael J. Roberto
City Manager
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Brian J. Aun ~
Mayor-Commissioner
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Attest:
Approved as to form:
Leslie K. Dougall-Sid
Assistant City Attorney