CLEARWATER ARTS ALLIANCE PARTNERSHIP AND SUPPORT GRANT AGREEMENTCLEARWATER ARTS ALLIANCE PARTNERSHIP AND SUPPORT GRANT AGREEMENT
This Partnership and Support Grant Agreement is made and entered into between the City of
Clearwater, whose address is: 600 Cleveland Street, 6th Floor, Attn: City Manager's Office, Clearwater, FL
33755, ("City"), and Clearwater Arts Alliance, whose address is: Post Office Box 955, Clearwater, FL
33757 ("Alliance").
WHEREAS, it has been determined to be highly desirable and socially responsible to provide assistance
for the facilitation and support of arts and cultural programming; and
WHEREAS, the mission of the Alliance is to advocate, collaborate, and bring visibility to the arts to create
a better community for Clearwater; and
WHEREAS, the Alliance has proposed to provide arts and cultural programming to supplement and
support initiatives and programs of the City; and
WHEREAS, the City desires to partner with, and provide support to, the Alliance in fulfilling its mission;
NOW, THEREFORE, the parties agree as follows:
1 TERM
1.1 The term of this agreement shall commence on the July 24, 2020 and continue through September
30, 2022 ("termination date") unless earlier terminated under the terms of this agreement.
1.2 This agreement may be extended for a further three (3) years commencing October 1, 2022 through
September 30, 2026.
2 RESPONSIBILITIES OF THE ALLIANCE
2.1 The Alliance will provide arts, cultural, educational, and social events, and projects to its members
and the public.
2.2 Services rendered through this agreement shalt be related to arts, culture, and education and are
provided primarily for the education and enjoyment of residents and visitors of Clearwater.
2.3 The Alliance will create and maintain financial and accounting records, books, documents, policies,
practices, procedures, and any information necessary to reflect fully the financial activities of the
Alliance. The Alliance will produce such records that may be used by the City to document the
proper and prudent stewardship and use of public funds.
2.4 Within thirty (30) days of the close of its fiscal year, the Alliance agrees to submit to the City a
management letter detailing the officers of the Alliance, by -taws, and/or rules of the Alliance.
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2.5 Within thirty (30) days of the close of its fiscal year, the Alliance agrees to submit to the City an
annual report of activities conducted under the provisions of this agreement. The report is to
identify the number of clients served, the type of programs and activities offered.
2.6 The Alliance agrees that no person will, on the grounds of race, gender, orientation, handicap,
national origin, religion, marital status, or political belief, be excluded from participation in, denied
the benefits, of, or be otherwise discriminated against as an employee, volunteer, user, or client of
the Alliance.
2.6.1 The Alliance agrees to include the requirements to adhere to Title VI and Title VII of the Civil
Rights Act of 1964 in all approved sub -contracts.
2.6.2 In the event of a breach of any of the above non-discrimination covenants, the City shall have
the right to terminate this agreement immediately.
2.7 The Alliance agrees to utilize reasonable opportunities to publicize the support received from the
City. The Alliance further agrees to supply the City with copies of any publication developed in
connection with the implementation of programs supported by this agreement. Such publications
will state that the program is supported by the City.
3 RESPONSIBIUTIES OF THE CITY
3.1 The City agrees to provide the Alliance with a lump sum grant of $3,000 (three thousand dollars)
commencing July 2020, then $10,000 (ten thousand dollars) annually at the start of each City fiscal
year (October 1) for three (3) years, not to exceed $33,000 (thirty-three thousand dollars).
3.1.1 The funds granted by the City are to be used for the general operating support of the Alliance in
fulfillment of the organization's mission.
3.1.2 Any expenditures made using City grant funds must be expended during the City Fiscal Year
(October 1—September 30) in which they were received.
3.1.3 A report of qualifying expenditures must be provided within thirty (30) days of the end of each
City fiscal year, or by October 30, whichever comes first.
3.2 The City Manager's office will serve as the City liaison for the Alliance.
3.3 The City agrees to will promote the Alliance and its events performed under this agreement through
normal City communications, such as www.mvclearwater.com, the City Facebook page and social
media; internal staff communications; flyers; and messages to partner organizations.
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4 INDEMNIFICATION
4.1 Subject to Florida Statute 762.28, the Alliance 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, includingbut 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 or as a result of the duties and obligations as required by this
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 Alliance. 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 762.28, Florida Statutes, or be
construed as consent by the City to the sued by third parties.
5 NOTICE
5.1 Any notice required or permitted to be given by the provision of this Agreement shall be
conclusively deemed to have been received by a party hereto on the date it is delivered to such
party at the address indicated below:
City of Clearwater
City Manager's Office
Attn: Cultural Affairs
600 Cleveland Street, 6th Floor
Clearwater, FL 33755
Clearwater Arts Alliance
Attn: Roberta Kiar, President
PO Box 955
Clearwater, FL 33757
6 DEFAULT
6.1 Failure or refusal by the Alliance 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.
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7 TERMINATION
Either party may terminate this agreement with thirty(30) days written notice without any further
obligation. The City may terminate this agreement immediately for failure to adhere to any of the
provisions of this agreement as determined by the City in its sole discretion.
8 DISCLAIMER OF WARRANTIES
This agreement constitutes the entire agreement between 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.
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In witness thereof, the parties hereto have caused this Clearwater Arts Alliance Partnership and Support
Grant Agreement to be executed on the date and year first written above.
Clearwater Arts Alliance
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Roberta KIar, President
an, OF CLEARWATER, FLORIDA
William B. Horne II
City Manager
Approved as to forma:
/44f /Z1
en Kohler
Assistant City Attorney
✓ Rosemarie Call
City Clerk
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