COMMUNITY ARTS GRANT AGREEMENTCOMMUNITY ARTS GRANT AGREEMENT
This Community Arts Grant Agreement is made and entered into this 12th day of June, 2020, by
and between the City of Clearwater, whose address is: 600 Cleveland Street, 6th Floor,
Clearwater, FL 33755 ("City"), and FYI Community Partnership, Inc., whose address is: 825
Howard Street, Clearwater, FL 33756 ("FYI").
1. RECITALS
1.1. The conditions set forth in this agreement between FYI and the City cannot be altered,
changed, waived, or otherwise amended except as agreed upon in writing by both
parties.
2. TERM
2.1. This agreement shall commence on the date indicated above and all artwork must be
completed and fully installed by December 31, 2020.
2.2. If the artwork cannot be completed and fully installed by December 31, 2020, FYI will
inform the City in writing and a new deadline date will be identified and agreed upon in
writing by both parties.
3. FYI COMMUNITY PARTNERSHIP, INC. RESPONSIBILITIES
3.1. FYI will utilize grant funds of $8,500 to implement a community mural project, to cover
expenses for artist design fees, and artist fees for the coordination of, and creation of, a
community mural. The project was presented and approved by the Public Art & Design
Board on January 30, 2020.
3.2. FYI will communicate with City staff on a regular basis concerning the progress of the
community mural project.
3.3. FYI will list the City as a project partner and will incorporate the name and logo of the
City into its web content, marketing materials, and press releases associated with this
project.
4. CITY RESPONSIBILITIES
4.1. The City will promote FYI and its activities performed under this agreement through
normal City communications, such as www.myclearwater.com, the City Facebook page
and social media, internal staff communications, flyers, and messages to partner
organizations.
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4.1.1. These activities will not be considered or marketed as City partnered events until
such conditions exist that the City has resumed its production and presentation of
events and activities in accordance with appropriate social distancing measures in
compliance with county, state, and federal guidance on proper health and safety
protocols.
5. INDEMNIFICATION
5.1. FYI Community Partnership, Inc. and its members agree to indemnify and hold free and
harmless, assume legal liability for and defend the City, and its officers, employees, agents, and
servants, whether they are current or former, from and against any and all actions, claims,
liabilities, assertions of liability, losses, costs and expenses, in law or in equity, including but not
limited to attorney's fees at trial and appellate levels, reasonable investigative and discovery
costs, court costs, or claims for bodily injury or death of persons and for loss of or damage to
property, except as provided for herein, or every kind and nature whatsoever, which in any
manner directly or indirectly may arise or be alleged to have arisen, from the installation or
display of the items or as a result of the duties and obligations as required by this exhibition
agreement that which has resulted or alleged to have resulted from the negligent acts or
omissions or other wrongful conduct of or the infringement of any copyright by the creator.
Nothing contained herein is intended to serve as a waiver by the City of its sovereign immunity,
to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes,
or be construed as consent by the City to the sued by third parties.
6. PAYMENT STRUCTURE
6.1. The City agrees to the following payment schedule:
a. A lump -sum payment to FYI of eight thousand five hundred dollars ($8,500) upon the signing
of this agreement.
7. DEFAULT
7.1. Failure or refusal by FYI or its members to perform or do any act herein required shall
constitute a default. In the event of a default, in addition to any other remedy available to the
City, the City, upon thirty (30) days written notice, may terminate this agreement. Such
termination does not waive any other legal remedies available to the City.
City of Clearwater — City Manager's Office
Attn: Christopher Hubbard, Cultural Affairs Coordinator
600 Cleveland Street, 6th floor
Clearwater, FL 33755
FYI Community Partnership, Inc.
Attn: Maranda Douglas, Executive Director
825 Howard Street
Clearwater, FL 33756
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In witness thereof, the parties hereto have caused this Community Arts Grant Agreement to be
executed on the date and year first written above.
FYI Community Part
a Douglas, Executive Director
Witness
CITY OF CLEARWATER, FLORIDA
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William B. Horne II
City Manager
Owen Kohler
Assistant City Attorney
Attest:
pr : Rosemarie Call
City Clerk
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