CLEARWATER MARINE AQUARIUM GRANT FUNDING AGREEMENT
CLEARWATER MARINE AQUARIUM GRANT FUNDING AGREEMENT
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TRis Clearwater Marine Aquarium Funding Agreement is made and entered into this;/.O . day of
~~~ , 2007, between the City of Clearwater, a municipal corporation of the State of
Florida, hereinafter referred to as the ("City") and the Clearwater Marine Aquarium, Inc., a Florida
non-profit corporation, hereinafter referred to as the ("Corporation").
ARTICLE I. TERMS OF GRANT FUNDING
The City agrees to provide a one-time grant to the Corporation in the amount of Two Hundred
Twenty-Five Thousand dollars ($225,000.00) to assist in funding certain repairs and improvements
to the Clearwater Marine Science Center, located at 249 Windward Passage, Clearwater, FL
33767, (said repairs and improvements more specifically described in "Exhibit A" attached hereto),
in consideration for the provision of public education, research, rescue and rehabilitation of sick and
injuried animals.
ARTICLE II. 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 III. USE OF FUNDS AND MAINTENANCE OF RECORDS
Funds received by the Corporation from the City shall be used as provided for herein. The
Corporation shall create, maintain and make accessible all related financial and accounting records,
books, documents, policies, practices and procedures as required by law, specifically, Chapter 119,
Florida Statutes.
ARTICLE IV. NON-DISCRIMINATION
Non-discrimination. Notwithstanding any other provision of this agreement, the Corporation 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.
c) Inclusion in Subcontracts. The Corporation agrees to include the requirement to
adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-
contracts.
d) Breach of Non-discrimination Covenants. In the event of conclusive evidence of a
breach of any of the above non-discrimination covenants, the City shall have the
right to terminate this agreement.
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ARTICLE V. COMPLIANCE WITH LAW AND TERMINATION
1) Compliance with Law. Corporation shall comply with all federal, state, county and local
law, rules, regulations.
2) Termination 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 giving the other party sixty (60) days notice of termination. If the
default is not cured within the sixty (60) days, the non-defaulting party may give the
defaulting party notice of termination and this Agreement shall terminate 60 days after
receipt of such notice.
2) Disposition of Fund Monies. In the event of termination for any reason, monies made
available to the Corporation but not expended in accordance with this Agreement shall be
returned to the City within 30 days of demand.
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 Corporation, addressed to:
Clearwater Marine Aquarium, Inc.
249 Windward Passage
Clearwater, FL 33767
2)
If to City, addressed to:
City Manager
P. O. Box 4748
Clearwater, FL 33758-4748
With copy to:
City Attorney
P. O. Box 4748
Clearwater, FL 33758-4748
ARTICLE V. EFFECTIVE DATE
The effective date of this Agreement shall be the date this Agreement is executed by all parties
hereto.
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~HEREOF, the parties hereto have set their hands and seals this:2tJ day of
,2007.
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SIGNATURE PAGE CLEARWATER MARINE AQUARIUM GRANT FUNDING AGREEMENT
DECEMBER 2007.
Countersigned:
Approved as to form:
lk. ~~
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La ra Lipowski
Assistant City Attorney
E AQUARIUM, INC.
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Mr. Bill Home
City Manager
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
Dear Bill:
Ht:\iI:IV~&.I
. J,/""".
,C./Pi/ Y
It' 1 /ty'
SEP , 3 2007
'TV MANAGER'S OFr'
~t~ q,\Jm-b ea..ro\
September 12,2007
On bel1alf of our Board ofDilectors, staff: and vohmteers, I W8IJt to thank: you for your consideration of
our recently submitted fimdiltg request. As per die request ftom the ClearwaterOty Council manbers at
the September 6th ~g, please fiDd ~ the budget upon which our request was based.. I have
also outlined the facility repair GXpCDSCS we have iDcumd aDd paid for in our current fiscal year.
1. Current Year Facility Expenses (incurred and paid)
· General facility and exhibit upgrade
· Roof removal, concrete repair, aDd turtle area structural repair
. Equipment & madtinery
S 40,798.00
$153,119.00
S 29.460.00
Total$223,3n.OO
2. Pl8nllf'.d Facility Reoairs and IlIlIJIOvements (f!!It1mAf_\
NeededRe,pairs
· Stranding deck demolition and rebuild
(Utilized for aniJ1lAI stranctiD& and n::babilitatioD)
· Roof repair and seal
· Turtle 1mIk exhibit refurbishment
· Lower Mangrove exhibit refurbishment (fish tank)
· Upstairs flooring (guest walkways)
· Driveway and easement restUt8cing
· Front ~ awniDgs aDd door repIacemeut
· Electrical panel upgrade
· Front landscaping
· Exhibit railings replacement (upstairs)
Total
S 70,000.00.
30,000.00
25,000.00
25,000.00
20,000.00
20,000.00
11,000.00
10,000.00
10,000.00
7.000.00
$228,000.00
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.J{ome 0{ W"ter
Dedicated to Environmental Educetion, Marine Animal Rescue, Rehabilitation, Rele... and Marine Research · 501(C)(3) Not for Profit
249 Windward Passage. Clearwater, Florida 33767. PH: (727) 441.1790. Fx: (727) 445-1139 .www.cmaquarlum.org
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Needed Improvements
Total
$150,000.00
40,000.00.
50,000.00
10.000.00
$250,000.00
$478,000.00
. Theater construction, interior, air, and audio visual system
. Additional dolphin pool viewing area and offices
. Educational computerized interactive kiosks (three locations)
· Food service area
Grand Total
· Inclusive of estimated engineering costs
Please note that the above budget does not include any CMA overl1ead, such as staff]abor.
Our facility is approximately sixty (60) years old, and acc:ordingly, has developed a number of safety and
aesthetic issues. These budget items are designed to make needed repairs and to enhance our guest
experience, as we continue to aggressively promote Clearwater Marine Aquarium and the City to a global
audience. We are mindful of OlD" long-term plan to construct a new facility, and the majority of these
expense areas are designed to be carried over to a new facility. In any case, we expect to be in 0\0" current
facility for a number of years as these plans proc:eed. We want our guests to have the highest level of
enjoyment, motivating them to return to our area and spread the word that Clearwater is a world-class
destination.
Please look for a full story featuring CMA on CNN, scheduled for Tuesday, September 18th.
i:jrrjPiL
R. Nathan Hightower, Esq.
Chainnan
Board of Directors
Clearwater Marine Aquarium
cc: Mayor Frank Hibbard, City of Clearwater
David Yates, CEO, Clearwater Marine Aquarium