CLEARWATER COMMUNITY REDEVELOPMENT AGENCY GRANT FUNDING AGREEMENT - BLAST FRIDAY (2)CLEARWATER COMMUNITY REDEVELOPMENT AGENCY GRANT FUNDING
AGREEMENT
Blast Friday
This Grant Funding Agreement is made and entered into this I kC day of November, 2016,
between the COMMUNITY REDEVELOPMENT AGENCY, hereinafter the CRA, and RUTH
ECKERD HALL, INC., a Florida non - profit corporation, hereinafter referred to as Ruth Eckerd
Hall."
WHEREAS, one of the purposes of the Downtown Redevelopment Plan (the Plan) is to create
"a unique place that fosters community interaction and fun... for Clearwater residents and
tourists alike." and
WHEREAS, a goal of the Plan is to create "downtown as a memorable place to be enjoyed by
residents and visitors that capitalizes on Clearwater's waterfront location, natural resources,
built environment and history."; and
WHEREAS, an objective of the Plan is to encourage a variety of visual and performing arts
activities and programs within the downtown; and
WHEREAS, the CRA and Ruth Eckerd Hall desire to continue, expand and improve the Blast
Friday events on Cleveland Street; and
WHEREAS, The Blast Friday events: 1) support existing retail business viability by creating
larger crowds to create dining and retail demand for businesses in Downtown Clearwater; and,
2) provide our retail recruitment efforts with a better customer base to encourage new
retailers /restaurateurs to locate in Downtown Clearwater; 3) expose additional potential
restaurant/retail customers and investors Downtown Clearwater through attendance at Blast
Friday Events; and, 4) support ULI Panel recommendation to create " a lively Downtown ".
WHEREAS, the CRA has determined that is necessary to provide a $100,000 grant to partially
underwrite the production and management of a 2016 -2017 season of the Blast Friday.
ARTICLE I. TERM
The term of this agreement shall be for a period of eight (8) months commencing on November
14, 2016 and continuing through July 31st, 2017 (the "Termination Date "), unless earlier
terminated under the terms of this agreement.
ARTICLE 11. RESPONSIBILITIES OF RUTH ECKERD HALL
1) Services to be Provided. Ruth Eckerd Hall shall develop, produce and manage a 2016-
2017 season of 7 (seven) Blast Friday signature events to promote Downtown
Clearwater as more fully described in Exhibit A. Such events shall be coordinated with
the CRA Director to ensure that the programming is consistent with the intent of the
grant.
2) Scheduled Reports of Activities. Ruth Eckerd Hall shall furnish the CRA a financial
report and accounting of the use of the CRA funds quarterly and at the end of the 2016-
2017 season. The financial report is to set forth the total cost of operations provided,
and the detailed account of costs funded in part by the CRA.
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3) Use and Disposition of Funds Received. Ruth Eckerd Hall shall deposit the CRA grant
funds in a dedicated, segregated account to be used for Blast Friday events only. Funds
received by Ruth Eckerd Hall from the CRA shall be used towards the payment of
expenses attendant to Blast Friday events only.
4) Other Funding. Ruth Eckerd Hall has received DDB funding in the amount of $25,000
contingent on CRA funding.
5) Creation, Use and Maintenances of Financial Records.
a) Creation of Records. Ruth Eckerd Hall shall create, maintain and make
accessible to authorized CRA representatives such financial and accounting
records, books, documents, policies, practices and procedures necessary to
reflect fully the financial activities of Ruth Eckerd Hall. Such records shall be
available and accessible at all times for inspection, review or audit by authorized
CRA personnel, and shall be made available in accordance with Chapter 119,
Florida Statutes (Public Records) and other applicable law.
b) Use of Records. Ruth Eckerd Hall shall produce such reports and analyses that
may be required by the CRA 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 close of the
applicable fiscal year.
6) Non - discrimination. Notwithstanding any other provision of this agreement, the Ruth
Eckerd Hall for itself, agents and representatives, as part of the consideration for this
agreement does covenant and 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, sex, handicap,
age or national origin.
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 or denied the benefits of or otherwise be subject to
discrimination on the grounds of, or otherwise be subjected to discrimination on
the grounds of race, color, religion, sex, handicap, age, or national origin, 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. In the event of conclusive evidence
of a breach of any of the above non - discrimination covenants, the CRA shall
have the right to terminate this agreement immediately.
7) Liability and Indemnification. Ruth Eckerd Hall 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
CRA, 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
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property, except claims arising from the negligence of the CRA or CRA'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 Ruth Eckerd Hall activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by Ruth Eckerd Hall whether or not based on negligence.
Nothing herein shall be construed as consent by the CRA 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.
8) Compliance with Laws. Ruth Eckerd Hall 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, then
Ruth Eckerd Hall shall comply in a timely manner or CRA may terminate.
ARTICLE III. RESPONSIBILITIES OF THE CRA
1) GRANT. The CRA agrees to provide funding on a per event basis in the amount of
$14,285.71 per event. Payment will be made within thirty (30) days of receiving an invoice.
The total grant amount shall not exceed $100,000. Payments will be made to Ruth Eckerd
Hall to partially fund the costs incurred in providing the activities authorized by this
agreement as provided in Exhibit A hereto.
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
1) For Cause. Failure to adhere to any of the provisions of this Agreement in material respect
shall constitute cause for termination. Either party may terminate this Agreement for cause
by giving the other party thirty (30) days notice of termination. If the default is not cured
within the thirty (30) day period following receipt of notice, this Agreement shall terminate on
the thirty -first (31st) day.
2) Disposition of Fund Monies. In the event of termination for any reason, monies provided to
Ruth Eckerd Hall by CRA but not expended in accordance with this Agreement shall be
returned to the CRA within 30 days of demand.
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 Ruth Eckerd Hall addressed to: Zev Buffman, President & CEO
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2) If to CRA, addressed to:
Ruth Eckerd Hall, Inc
1111 McMullen Booth Road
Clearwater, FL 33759
Seth Taylor, Director, CRA
P. O. Box 4748
Clearwater, FL 33758 -4748
With copies to:
Pamela Akin, City Attorney
P. O. Box 4748
Clearwater, FL 33758 -4748
ARTICLE VII. EFFECTIVE DATE
The effective date of this Agreement shall be as of the date written below.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this IS
710I/ktn / , 2016.
Countersigned: \\ __
_ c(� rtt criV
George N. Cretekos
Chairman
Approved as to form:
Pamela Akin
City Attorney
Community Redevelopment Agency
Seth Taylo
Director
Attest:
Rosemarie Call
City Clerk
RUTH ECK :.!__ L, INC.
day of
ev Buffman
President & CEO
Attest:
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