FIRST AMENDMENT TO THE PLACEMAKING GRANT PROGRAM AGREEMENTFIRST AMENDMENT TO THE PLACEMAKING GRANT PROGRAM AGREEMENT
THIS FIRST AMENDMENT TO THE PLAMAKING GRANT PROGRAM
AGREEMENT ("Amendment"), entered into this day ofF-Q,loruay, 2025, by and
between the Community Redevelopment Agency of the City of Clearwater, Florida
(hereafter "the Agency"), whose address is P.O. Box 4748, Clearwater, Florida 33758-
4748, a public body corporate and politic of the State of Florida, and Clearwater Arts
Alliance, Inc., a Florida not-for-profit corporation, whose address is PO Box 955,
Clearwater, FL 33757 (hereinafter "Applicant").
WITNESSETH
WHEREAS, the Agency and the Applicant entered into a Placemaking Grant Program
Agreement ("the Agreement") on December 16, 2024; and
WHEREAS, the parties now desired to amend certain provisions of the Agreement
on the terms and conditions contained here;
NOW THEREFORE, in consideration of the premises, the mutual covenants, and
promises contained herein, and other good and valuable consideration, the Applicant and
the Agency agree and covenant each with the other as follows:
Section 1. The Applicant agrees to be bound by the City of Clearwater Grant
Insurance Requirements ("the Requirements"), a true and correct copy of which is
attached and incorporated by reference as Exhibit "A" to this Amendment, and procure
all necessary insurance outlined in the Requirements.
Section 2. All terms and provisions of the Agreement not modified, changed, or
amended hereby shall remain in full force and effect.
IN WITNESS WHEREOF, the Applicant and the Agency have executed or caused
these presents to be executed by its respective authorized representatives to be effective
as of the day and year first above written. This Amendment is executed in two original
copies of which one is to be delivered to the Applicant and one to the Agency.
Approved as to form:
Michael P. Fuino
CRA Attorney Clearwater
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, FLORIDA
By:
Je us Nino
Executive Director
cvA,aJ
-
v,
Rosemarie Call
City Clerk
1
I ACKNOWLEDGE THAT I AM LAWFULLY AUTHORIZED TO EXECUTE THIS
AGREEMENT.
e x-piLw�� C / 0-g A�uc=� JI"IC
Entity Name (if any)
Pr�S, u2-/ C 1 E f \) (C L- WeS,
Ap ant Sign-ture / Printed Name and Title (if any) /
13'�S
Date
STATE OF CLOr-tDP
COUNTY OF 7<<v6LtAS
The foregoing instrument was acknowledged before me this 13 day of FilmuRr*OQ5 ,
by Eur c-vl C nl iiG-c , as (title if applicabler PrestDeNT
of (Entity name if any) Cha i2. , who [ ] is
personally known to me or [ v]1 as produced identification.
Type of identification produced:
My commission expires:
(Notary Seal)
Julia C. Baltas
Comm.: HH 601100
4 Expires: Oct. 7, 2028
1st;XIV Notary Public • State of Rorida
FL
1 vev.. ceocE
1-vuk C.tkS
otary Public Signature Notary Public Print Name
2
Exhibit "A"
CITY OF CLEARWATER
GRANT INSURANCE REQUIREMENTS
The Contractor or Vendor referred to as "Contractor" shall, at its own cost and expense, acquire
and maintain (and cause any subcontractors, representatives, or agents to acquire and maintain
during the term with the City, sufficient insurance to adequately protect the respective interest of
the parties. Coverage shall be obtained with a carrier having an AM Best Rating ofA-VII or better.
In addition, the City has the right to review the Contractor's deductible or self-insured retention
and to require that it be reduced or eliminated.
Specifically, the Contractor must carry the following minimum types and amounts of insurance on
an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then
coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including but not limited to, bodily
injury, personal injury, death, property damage, advertising liability, premises operations,
products/completed operations, severability of interest, and contractual liability in the
minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000
(two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage for any owned, non -owned,
hired or borrowed automobile for in state travel is required in the minimum amount of
$1,000,000 (one million dollars) combined single limit. For motor carriers traveling
interstate the limits are $1.5 million for 15 passengers or less or $5 million for 16
passengers or more.
c. Unless waived by the State of Florida and proof of waiver is provided to the City,
Worker's Compensation (WC) & Employer's Liability Insurance coverage for all
employees engaged under the Agreement, Worker's Compensation as required by Florida
law and Employer's Liability with minimum limits of
(a) $500,000 bodily injury each employee and each accident, $500,000 bodily injury by
disease each employee, and $500,000 bodily injury by disease policy limit for quotes or
agreements valued at $50.000 and under or
(b) $lmillion bodily injury each employee and each accident, $lmillion bodily injury by
disease each employee, and $lmillion bodily injury by disease policy limit for formal
solicitation and agreements exceeding $50,000.
Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen's
and Harbor Worker's Act coverage where applicable. Coverage must be applicable to
employees, contractors, subcontractors, and volunteers, if any.
WAIVER OF SUBROGATION — With regard to any policy of insurance that would pay third
party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of
Firm may acquire against the City by virtue of the payment of any loss under such insurance for
liability and workers compensation coverages. Firm agrees to obtain any endorsement that may be
necessary to affect such waiver, but this provision shall apply to such policies regardless.
3
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the
insurance policy's renewal date(s) for as long as this Agreement remains in effect, the
Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an "Additional Insured" with respect to general
and auto liability coverages.
b. In addition, when requested in writing from the City, Contractor will provide the City with
certified copies of all applicable policies. The address where such certificates and certified
policies shall be sent or delivered is as follows:
City of Clearwater
Attn: Community Redevelopment Agency
P.O. Box 4748
Clearwater, FL 33758-4748
c. Contractor shall provide thirty (30) days written notice of any cancellation, non -renewal,
termination, material change or reduction in coverage.
d. Contractor's insurance as outlined above shall be primary and non-contributory coverage for
Contractor's negligence.
e. Contractor reserves the right to appoint legal counsel to provide for the Contractor's defense,
for any and all claims that may arise related to Agreement, work performed under this
Agreement, or to Contractor's equipment, or service. Contractor agrees that the City shall not
be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing
its defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and failure to request evidence of this insurance shall not be construed as
a waiver of Contractor's obligation to provide the insurance coverage specified.
INDEMNIFICATION/LIABILITY:
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of
any issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold
Contractor or any third party harmless for claims based on this Agreement or use of Contractor -
provided supplies or services.
4
ADDENDUM TO THE FIRST AMENDMENT TO THE PLACEMAKING GRANT PROGRAM
AGREEMENT
This Addendum is entered into as of the date of execution below by and between the Community
Redevelopment Agency of the City of Clearwater, Florida (the "Agency") and Clearwater Arts Alliance, Inc.
(the "Applicant"), and shall be incorporated into and made part of the First Amendment to the Placemaking
Grant Program Agreement (the "Amendment").
WHEREAS:
1. The Applicant has agreed to comply with the insurance requirements set forth in the Amendment.
2. The increased insurance requirements may result in significantly higher costs for vendors, contractors,
or subcontractors, which were not contemplated in the original grant budget.
3. The Applicant is committed to fulfilling the project's objectives but must ensure that the project remains
financially feasible within the allocated grant funds.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The Applicant shall make reasonable efforts to comply with the insurance requirements while remaining
within the original grant budget.
2. If the insurance requirements result in an inability to secure vendors or contractors within the available
grant funds, making the project financially infeasible, the Applicant reserves the right to withdraw from
the Agreement without penalty.
3. In such an event, the Applicant shall provide written notice to the Agency detailing the cost impact and
efforts made to comply. Upon receipt of such notice, the parties may engage in good -faith discussions to
explore alternative solutions.
4. If no feasible solution is identified within thirty (30) days of notice, the Applicant may terminate its
obligations under the Agreement without further liability.
SIGNATURES:
Clear ater A • lli ce, Inc.
By.
[Name i 2 A E-11+ bfriv (�L$
[Title] 1°W---C---C b6-Arir
Date: 2] (3 12-5
Approved as to form: Attest:
Michael P. Fuino
CRA Attorney Clearwater
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA
gym'
Js Nino
xecutive Director
City Clerk
1
C�
\I0 0PM
02.4:111Y.6
CORPORArec.*1f>(100
SEAL r15°
tonsils tiikto0
Rosemarie Call(?) PLon/N ‘‘.:V