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PUBLIC MURAL GRANT AGREEMENT (3)
PUBLIC MURAL GRANT AGREEMENT This Grant Agreement is made and entered into on this .1(' day of February, 2024 between the Clearwater Community Redevelopment Agency , whose address is: 600 Cleveland Street, 6th Floor, Clearwater, FL 33755, ("CRA"), and Frankie Gonzalez ("Artist"). WHEREAS, it has been determined by the CRA that public art is highly desirable in the Downtown Clearwater Gateway Neighborhood; and WHEREAS, the Community Redevelopment Agency Trustees voted to approve an allocation of $90,000 in funding to the Downtown Clearwater Mural Festival, and provide support to artists in the form of a grant NOW, THEREFORE, the parties agree as follows: 1 TERM 1.1 The term of this agreement shall commence on March 1, 2024 and continue through April 5, 2024 ("termination date") unless earlier terminated under the terms of this agreement. 2 RESPONSIBILITIES OF THE ARTIST 2.1 The Artist shall cooperate with the City of Clearwater to ensure that all permits any permits or permissions are secured to install a mural(s) on El Ranchito De Pepe located at 1406 Cleveland St. Clearwater, FL 33755 ("Building"). 2.2 The Artist shall enter into a separate written agreement with Raul Baez ("Property Owner") of the Building commissioning a public mural (Exhibit A). 2.3 The Artist shall present the completed design(s) of the mural(s) to the Property Owner prior to the installation of the mural(s). (Exhibit B) 2.4 All Artwork shall be installed no later than April 5, 2024. 2.5 The Artist agrees to maintain in force a liability insurance policy in an amount acceptable to the City of Clearwater and the CRA (1 million per occurrence) which will insure and indemnify the City of Clearwater, the CRA, and the Property Owner from any suits, claims, or actions brought by any person or persons and from any and all costs of litigation brought against the Artist, the Property Owner and the City for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by the Artist of the obligations set forth in this agreement. The City and the Property Owner shall be included as "additional insureds" on such policy. (Exhibit C) 3 RESPONSIBILITIES OF THE CITY 3.1 The CRA agrees to provide the Artist with a grant of $10,000 (ten thousand dollars) to be paid in two separate payments of $5,000 each. First payment ($5,000) to be paid upon completion of this signed 1 and executed contract and second payment ($5,000) to be paid once the mural has been completed. Artist will invoice the CRA for each payment. 3.1.1 The funds granted by the CRA are to be used for all materials and artists fees. 3.1.2 A photo of the completed work must be provided to the City of Clearwater Cultural Affairs Dept. within three (3) days of completion of the project. 3.2 The Cultural Affairs Dept. will serve as the City and CRA liaison for the artist 3.3 The CRA agrees to promote the mural festival through normal City communications, such as www.myclearwater.com, www.downtownclearwater.com the City Facebook page and social media; internal staff communications; flyers; and messages to partner organizations. 4 INDEMNIFICATION 4.1 Subject to Florida Statute 768.28, the Artist agrees to indemnify and hold free and harmless, assume legal liability for and defend the City, CRA, and their 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 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 Artist. 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. 5 NOTICE 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 Community Redevelopment Agency 600 Cleveland Street, 6th Floor Clearwater, FL 33755 2 Frankie Gonzalez 4527 Hidden Shadow Dr. Tampa, FL 33614 6 DEFAULT 6.1 Failure or refusal by the Artist 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 and demand repayment of grant funds provided. Such termination does not waive any other legal remedies available to the City. 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. (signatures on following page) 3 In witness thereof, the parties hereto have caused this Artist and Public Mural Grant Agreement to be executed on the date and year first written above. CITY OF CLEARWATER Jesus Ni CRA Director Ap. • e• .stof wen Kohler CRA Attorney Attest: Rosemarie Call City Clerk 4 Exhibit A AGREEMENT TO COMMISSION PUBLIC MURAL This agreement is entered into this 11 day of 1-‘1:111.14 , 2024 by and between trtMusia''F'gkic � 2tin1AUt of faAitif ( 11.4 (hereafter called 'Artist") and (hereafter called 'Owner"). %5'e of r1l941,f,r4/li? d - I. Owner's Obligations a. The Owner recognizes that the purpose of the project, which is to enhance the community, is mutually beneficial to the Artist and the Owner, and therefore desires to have a mural(s) painted on the exterior of their building(s) located at ! &1©(r C i e ve t cap Sk ((4? Faci'r•1) (hereafter called "Building"). b. The Owner agrees to allow the Artist to paint a mural (hereafter calved Artwork) on the Building. The dimensions and location(s) of the mural(s) will be Ito - - X c. The Owner understands that the Artwork shall, in no way, be used for advertising. d. The Owner agrees to keep the Artwork displayed fora minimum of one year, barring any damage or Acts of God. e. The Owner agrees the Artwork Is Copyrighted and created as a result of the mural services provided by Artist in accordance with this AWeement and are the property of the Artist pursuant to federal l copyright law (Title 17. Chapter 2, Section 201412 of the United States Code), whether registered or unregistered. Notwithstanding the assignment of any advertlsinglpromotl on rights to the Owner, any 81 pr ulr �t l i , i dull d ar l in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Artist and may be used in the reasonable course of Artist's business. II. Artist's Obligations a. The Artist shall cooperate with the city of Clearwater to ensure that all permits any permits or permissions are secured to install a mural(s) on the Building. b. The Artist shall present the completed design(s) of the mural(s) to the Owner prior to the installation of the mural(s). c. All Artwork shall be installed no later than April 5, 2024. d. The Artist agrees to maintain in force a liability insurance policy in an amount acceptable to the City of Clearwater (1 million per occurrence) which will insure and indemnify the City of Clearwater and the Owner from any suits, claims, or actions brought by any person or persons and from any and all costs of litigation brought against the Artist, the Owner and the City for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by the Artist of the obligations set forth in this agreement. The City and the Owner shall be included as "additional insureds" on such policy. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed in its corporate/legal name by its authorized representative or persons authorized to execute this Agreement on the date and year first above written. /--1-7-a4),A61 Owner Z1/4/17f Date Exhibit B i �y �;-a� Exhibit C ® ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/13/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Next First Insurance Agency, Inc. Pal Box 6 CA Palo Alto,, 7 94306 CONTACTNAME: PHONE (855) 222-5919 FAX (A/C. No. Ext): (A/C, No): E-MAIDRLESS: support@nextinsurance.com AD INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: State National Insurance Company, Inc. 12831 INSURED Frankie G Art LLC 4527 Hidden Shadow Dr Tampa, FL 33614 INSURER B : NXTHFVW44L-01-GL INSURER C 10/11/2024 INSURER D : $1,000,000.00 INSURER E : $100,000.00 INSURER F : CERTIFICATE NUMBER• 076258835 t,UVCIvaUCO - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL TRR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X NXTHFVW44L-01-GL 10/11/2023 10/11/2024 EACH OCCURRENCE $1,000,000.00 DAMAGE TO PREMISES (Ea occurrence) $100,000.00 CLIMS-MADE X OCCUR MED EXP (Any one person) $ 5,000.00 PERSONAL &ADV INJURY $1,000,000.00 GENERAL AGGREGATE $2,000,000.00 GE X 'L AGGREGATE POLICY OTHER: LIMIT APPLIES JERCOT PER: LOC PRODUCTS - COMP/OP AGG $2,000,000.00 AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY BINEDtSINGLE LIMIT (EO $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYSTATUTE ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N / A PER OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Certificate Holder is El Ranchito De Pepe. This Certificate Holder is an Additional Insured on the General Liability policy per the Additional Insured Automatic Status Endorsement. All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the insured, and are subject to policy terms and conditions. VCR 1 Ir'mat 1C r1VLLCR El Ranchito De Pepe LIVE CERTIFICATE —•"-----"-"—'- ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1406 Cleveland St 1'.SHOULD �' D Clearwater, FL 33755 #'r '. r:if. e►' *�+ ". •? *r { ' f = '''; AUTHORIZED REPRESENTATIVE �J 6aw"` ,(J//G _ tai: r I Click or scan to view © ACORD 25 (2016/03) 1988-2U15 ACORD L:UrcrUrcAT!ON. All rights reserved. The ACORD name and logo are registered marks of ACORD A� ® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 02/12/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Next First Insurance Agency, Inc. PO BOX 60787 Palo Alto, CA 94306 CONTACTNAME: PHONE (AIC. No. Ext): (855) 222-5919 FAX (A/C, No): EaVIAIL ADDRESS: support@nextinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: State National Insurance Company, Inc. 12831 INSURED Frankie G Art LLC 4527 Hidden Shadow Dr Tampa, FL 33614 INSURER B : NXTHFVW44L-01-GL10/11/2023 INSURER C 10/11/2024 INSURER D : $1,000,000.00 INSURER E : $ 100,000.00 INSURER F : • t.rt.iV t KA.to VGR 11r1VP91G I•Vn,rrr.s.--- _.___ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRPOLICY LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER EFF (MMIDD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X NXTHFVW44L-01-GL10/11/2023 10/11/2024 EACH OCCURRENCE $1,000,000.00 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000.00 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000.00 PERSONAL & ADV INJURY $1,000,000.00 GENERAL AGGREGATE $2,000,000.00 GE X 'L AGGREGATE POLICY OTHER: LIMIT APPLIES JPRO- ECT PER: LOC PRODUCTS - COMP/OP AGG $2,000,000.00 AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY (EaaBINEDtSINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYSTATUTE ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N NIA PER OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Certificate Holder is City of Clearwater. This Certificate Holder is an Additional Insured on the General Liability policy per the Additional Insured Automatic Status Endorsement. All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the insured, and are subject to policy terms and conditions. 1. tKIIrRJklt rlOLucrc City of Clearwater LIVE CERTIFICATE �,.•-----..•—•- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 4748i • ❑ ❑ ' O1 Clearwater, FL 33758 • • # . o irO 9 4.',.o�.F .:.5,I..:1 .-I`r?' # os 1r0:• AUTHORIZED REPRESENTATIVE 2e1 _ --— (/ •�1•,•1 all _:-.LL_-..�--....d Click or scan to view ACORD 25 (2016/03) -. . The ACORD name and logo are registered marks of ACORD