TRANSLATION AND COMMUNITY ENGAGEMENT AGREEMENTCLEARWATER COMMUNITY REDEVELOPMENT AGENCY TRANSLATION AND
COMMUNITY ENGAGEMENT AGREEMENT
This Translatiq aid Community Eng ement Agreement ("Agreement") is made and entered
into this !1 day of 2021, between the COMMUNITY
REDEVELOPMENT AGENCY, hereinafter the CRA, and INTERCULTURAL ADVOCACY
INSTITUTE, a Florida non-profit corporation, hereinafter referred to as "ICAI."
WHEREAS, one of the purposes of the 2018 Clearwater Downtown Redevelopment Plan
(the Plan) is to "create and activate space to work as signature destinations...that promote
economic growth for Downtown;" and
WHEREAS, the Plan also calls for the CRA to support the Cleveland Streetscaping Phase
III; and
WHEREAS, ICAI desires to support the CRA's Community Engagement and Translation
efforts to ensure that the Hispanic Community in Downtown Clearwater has the appropriate
information, communication channels, and platforms to address challenges, share ideas, and
collaborate with the City and the CRA during construction of the Cleveland Streetscaping Phase
III.
NOW, THEREFORE, be it resolved:
ARTICLE I. TERM
The term of this Agreement shall be for a period of eighteen (18) months commencing on July 15,
2021 and continuing through December 15, 2022 (the "Termination Date"), unless terminated
earlier under the terms of this Agreement.
ARTICLE II. RESPONSIBILITIES OF ICAI
1) Services to be Provided. ICAI shall provide the project activities at the associated costs
identified in the attached Exhibit "A," which is incorporated into and made a part of this
Agreement.
2) Scheduled Reports of Activities. ICAI shall furnish the CRA a financial report and
accounting of the use of the CRA funds quarterly. 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.
3) Use and Disposition of Funds Received. ICAI shall deposit the CRA funds in a
dedicated, segregated account to be used for the project activities at the associated costs
identified in the attached Exhibit "A."
4) Creation, Use and Maintenances of Financial Records.
a) Creation of Records. ICAI 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 ICAI. 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. ICAI 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.
5) Non-discrimination. Notwithstanding any other provision of this agreement, ICAI 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.
6) Liability and Indemnification. ICAI shall act as an independent contractor 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 arising
from the negligence or willful misconduct of ICAI, 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 also arising from the negligence or willful misconduct of the
CRA or CRA's agents or employees. 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.
7} Compliance with Laws. ICAI 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 as a result of the actions of ICAI,
then ICAI shall comply in a timely manner or CRA may terminate.
ARTICLE 111. RESPONSIBILITIES OF THE CRA
1) Payment. The CRA agrees to provide funding on a quarterly basis in an amount not to
exceed $2,500.00 per quarter beginning execution of this Agreement Thereafter,
payments will be made within thirty (30) days of receiving a quarterly invoice. The total
amount shall not exceed $15,000.00. Payments will be made to ICAI to 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
first giving the other party thirty (30) days' notice of default and opportunity to cure. If the
default is not cured within the thirty (30) day period following receipt of notice, this Agreement
shall automatically terminate on the thirty-first (31st) day.
2) Without Cause. The CRA, at its sole discretion, may terminate this Agreement without cause
by giving ICAI thirty (30) days' notice of termination and then this Agreement shall terminate
on the thirty-first (31st) day.
3) Disposition of Monies. In the event of termination due to the fault of ICAI, all monies provided
to ICAI by CRA shall be retumed to the CRA within 30 days of demand. In the event of
termination without cause, ICAI shall be entitled to all prorated monies owed to it through the
date of termination.
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 ICAI addressed to:
Jaclyn Boland, Chief Executive Officer
612 Franklin Street.
Clearwater, FL 33756
2) If to CRA, addressed to: Amanda Thompson, Director, CRA
P. O. Box 4748
Clearwater, FL 33758-4748
With copies to:
Michael Fuino, CRA 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.
ARTICLE VIII. ASSIGNABILITY
Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned
by any of the parties hereto (whether by operation of law or otherwise) without the prior written
consent of the other parties. Subject to the preceding sentence, this Agreement will be binding
upon, inure to the benefit of and be enforceable by the parties and their respective successors
and assigns.
tai
IN VYITNESS WHEREOF, the parties hereto have set their hands and seals this "' day of
--/U.L -r , 2021.
Countersigned: Community Redevelopment Age cy
Approved as to form:
Michael Fuino
CRA Attorney
Michele T k
Interim Director
Attest:
Rosemarie Call
City Clerk
!CAI.
of
nd
utive Officer
EXHIBIT A
City of Clearwater
Community Redevelopment Agency
Cleveland Streetscape Project, Phase 3
Community Engagement & Translation Project with the ICAI Hispanic
Outreach Center
Project Activities & Associated Costs
The below outlines the main categories for the services and activities to be provided
within the scope of work and the associated costs.
Category of
Service,
Community
Engagement &
Coordination
• Establishment of the community
stakeholders group (Advisory
Group)
• Coordination of initial roundtable
discussion
• Facilitation and translation services
at the stakeholders group (Advisory
Group) meetings
• Provision of in-person translation
services for quarterly community
meeting about the Streetscape
project.
• Provision of in person translation
On -Site services at the Community Open
Interpretation Office Hours held weekly at
Nature's Food Patch
'Translation
• Translation services from English to
Spanish for documents related to
Streetscape Phase 3 Project not to
exceed 130 pages (documents may
include quarterly information sheets.
website copy, mailers, surveys, etc.)
S2.500
56,000
56,500
Total Cost S15,000