Loading...
DOWNTOWN DEVELOPMENT BOARD GRANT FUNDING AGREEMENT - SYMPHONY BY THE SEA 2026DOWNTOWN DEVELOPMENT BOARD GRANT FUNDING AGREEMENT The Florida Orchestra, Inc. Symphony by the Sea, 2026 This Downtown Development Board Grant Funding Agreement ("Agreement") is effective May 4, 2026, between the DOWNTOWN DEVELOPMENT BOARD, an independent special district organized and operating pursuant to the ordinances and laws of the City of Clearwater ("DDB"), and THE FLORIDA ORCHESTRA, INC., a Florida not-for-profit corporation ("Grantee"). WHEREAS, some of the purposes of DDB's current Work Plan is to increase awareness of DDB District as a fun destination for Clearwater's residents, employees, and visitors, and to increase awareness of the DDB District as a tourist destination; and WHEREAS, Grantee has requested an event funding grant to partially fund The Symphony by the Sea ("Program"). The proposed event will have food trucks, music, performers, and vendors described in the event application attached as EXHIBIT "A" and the Budget attached as EXHIBIT "B" ("Proposed Program"); and WHEREAS, the DDB has determined that the Program and providing a grant of up to $5,000.00 all in accordance with the terms of this Agreement, is prudent use of DDB funds. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE I. RECITALS AND TERM 1) Recitals. The recitals set forth above are true and correct and are incorporated herein and made a part of this Agreement. 2) Term. The term of this Agreement shall be for a period of from May 4, 2026, until May 31, 2027, unless earlier terminated under the terms of this Agreement. ARTICLE II. RESPONSIBILITIES OF GRANTEE 1) Services to be Provided by Grantee. a. Grantee shall hire, schedule, and manage all operational and marketing services needed to successfully execute and produce the Approved Program in accordance with the requirements of this Agreement, the Funding Application attached as Exhibit "A", and the Budget attached as Exhibit "B". b. Grantee shall promote the Approved Program and shall identify DDB as a sponsor on all marketing materials, including but not limited to print advertisement, social media, TV, any press releases, and the Grantee websites for the listed event. c. Grantee shall recognize DDB's funding during the Approved Program with an announcement of DDB funding and showcase DDB's sponsorship with DDB's logo at the Approved Program, on marketing materials, and on print advertisement. d. Grantee will notify DDB of cancellation of the Approved Program due to weather, acts of God, or other situations beyond Grantee's control. Rescheduling of the Approved Program must occur within the current DDB fiscal year and will require DDB approval. 1 e. Grantee shall coordinate with city department(s) for special event permit approval and other city resources that meet city safety guidelines and protocols, if required. 2) Required Documents and Reports from Grantee. If Grantee fails to submit all required documents and reports electronically to DDB on or before 5:OOp.m on July 31,2027 Grantee will forfeit its rights to reimbursement for the Approved Program. Grantee will receive no reimbursement from DDB for the Approved Program. a) A financial report and accounting for the Approved Program which shall include the total costs and a detailed account of expenses. b) Proof of completion of the Approved Program c) An IRS form W-9 d) Invoice directed to DDB for actual costs incurred and itemized list of expenses containing the type of expense, date of expense, and name of vendor with dated proof of payment from the services provider. e) A report summarizing the impact of the Approved Program, a summary of marketing efforts, the number of attendees or participants, and audience feedback along with any additional information that demonstrates the positive impact of the Approved Program on the DDB District. Electronic copies of all photos or video footage captured at the Approved Program for DDB to use in its marketing materials in the future. 3) Use and Disposition of Funds Received. Funds received by Grantee from the DDB shall only be used as reimbursement for actual costs incurred in compliance with the terms of this Agreement for the Approved Program. 4) Non-discrimination. Notwithstanding any other provision of this Agreement, Grantee, for itself, its agents, contractors, and representatives, 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, age, disability, gender, pregnancy, gender identity, sexual orientation, marital status, national origin, or genetic information. 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, denied the benefits of, or otherwise subject to discrimination on the grounds of race, color, religion, age, disability, gender, pregnancy, gender identity, sexual orientation, marital status, national origin, or genetic information„ 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. If Grantee violates any of the above non-discrimination covenants, the DDB shall have the right to terminate this Agreement immediately, without regard to any grace period or opportunity to cure. 5) Liability and Indemnification. Grantee shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability, therefore, and shall defend, indemnify, and hold harmless the DDB, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, 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 arising from the negligence of the DDB or DDB's agents or employees. This 2 includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to Grantee activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by Grantee whether or not based on negligence. Nothing herein shall be construed as consent by the DDB 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. 6) Compliance with Laws. Grantee 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, Grantee shall cure the non- compliance promptly, or DDB may terminate this Agreement without regard to any additional grace period or opportunity to cure. ARTICLE III. RESPONSIBILITIES OF THE DDB Grant. Payments will be made to Grantee on a reimbursement basis for direct production costs and city fees incurred, as authorized by this Agreement. The DDB will reimburse Grantee based on invoices and paid receipts submitted for grant expenditures totaling fifty thousand dollars and 00/100 cents ($50,000.00) for eligible expenses for The Symphony by the Sea. The total grant amount shall not exceed fifty thousand dollars and 00/100 cents ($50,000.00). ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement is the entire Agreement regarding the Approved Program. It may not be modified or discharged except by written amendment 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 a material respect shall constitute cause for termination. Either party may terminate this Agreement for cause by giving the other party 30 days' notice of termination. If the default is not cured within the 30 - day period following receipt of the notice, this Agreement shall terminate on the 31st day. 2) Disposition of Fund Monies. In the event of termination for any reason, monies provided to Grantee by DDB but not expended in accordance with this Agreement shall be returned to the DDB within 30 days of demand, and no other installments shall be paid. 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 5th business day after the day on which such notice is mailed and properly addressed. 3 1) Grantee: 2) If to DDB, addressed to: The Florida Orchestra, Inc. Attn: Anita Samaroo P.O. BOX 2034 Clearwater, FL 33757 Chairman, DDB P.O. Box 4748 Clearwater, FL 33758-4748 ARTICLE VII. MISCELLANEOUS 1) Assignability; Complete Agreement. This Agreement is non -assignable by either party and constitutes the entire Agreement between the Applicant and the Agency and all prior or contemporaneous oral and written agreements or representations of any nature with reference to the subject of the agreement are canceled and superseded by the provisions of this agreement. 2) Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance, and enforcement of this Agreement. This Agreement has been negotiated by the Agency and the Applicant, and the Agreement, including, without limitation, the exhibits, shall not be deemed to have been prepared by the Agency or the Applicant, but by all equally. 3) Severability. Should any section or part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Agreement. 4) Jurisdiction and Venue. For purposes of any suit, action or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof is Pinellas County, Florida. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. If, at any time during the term of this Agreement, the Grantee is not a resident of the State of Florida or has no office, employee, agency, registered agent or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, em ployee, agent, or general partner available for service of process in the State of Florida, the Applicant hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the Agency arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a nonresident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Applicant at the address for notices as provided in Article VI. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. (DDB Signature Page) Countersigned: Downtown Development Board Bruce Rector, Date: G' Approved as to form: DDB Attorney, �s� oi0 Date: Matthew J. Mytych 5 Attest: Rosemie Call, City Clerk Date: tLO—e- 3/ n)p (GRANTEE SIGNATURE PAGE) The Florida Orchestra Inc., a Florida not-for-profit corporation. By: Print name: pin tko,'Sa,mc,n-Z Title: U f r.ncancQ ivi t AdmintSWAtor7 Date: (o1I2ezte, STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means phy ical presence or ❑ lopoqin. notarization, this Mk day ofU1nR Q«G�1m , 2026 by��(1 a/OD, as NIrakh 1Qt* . ontile Rori O1Cln 3/4To'. ❑ who is/are personally known to me or rvho has/have produced a driver's license as identification. Notary Public State of Florida d :; • • w Name of Notary: kiln a-- i� 'SI U'- i 01119 • My Commission Expires:Itiit My Commission No.: t N14628405 .Iry: (7,7,4;:% 4341. ii is ) 945f3".. eeeeeeeeeeeeeeeeeee (NOTARIAL SEA 6 EXHIBIT "A" FUNDING APPLICATION 7 Downtown Development Board Grant Application Row 1 Applicant / Primary Contact: Anita Samaroo Type of Grant Special Event Request Name of The Florida Orchestra, Inc Organization: Street Address: 244 2nd Avenue North City: St. Petersburg State: FL Zip: 33701 Cell Phone: Office Phone: 727-362-5423 Email Address: ASamaroo@floridaorchestra.org Website / Social Media Link(s): Website: https://floridaorchestra.org/ Facebook: haps://www.facebook.com/FloridaOrchestra/ , Linkedin: https://www.linkedin.com/company/the-florida-orchestra Instagram: https://www.instagram.com/thefloridaorchestra/?hl=en Youtube: haps://www.youtube.com/c/thefloridaorchestra TikTok: https://www.tiktok.com/@thefloridaorchestra?Tang=en Description of Project: The Florida Orchestra (TFO) is a non-profit 501 (c)(3) with offices based in Pinellas County. As Tampa Bay's premier performing arts institution — and the largest professional orchestra in Florida — TFO is led by internationally acclaimed Music Director Michael Francis and features 70 full-time musicians and conductors. Now celebrating its 58th season, TFO is widely recognized as one of the most vibrant and innovative orchestras in the nation. TFO has a continuous history of delivering high quality live orchestra music performances at Ruth Eckerd Hall and parks concerts such as at Coachman Park, that serve and positively impact our community. The free Symphony by the Sea concert at The Sound will be a shared experience and social activity linking people of all ages — adults, young adults and children — regardless of socio-economic status, including for those who would not otherwise afford or have access to such opportunities. At this concert, audiences will EXPERIENCE the magic and thrill of a live orchestra performance, in a safe environment where all are welcomed. This concert will also feature and invite nonprofit/community organization partners. We are in contact with several partners. The list includes: Clearwater Library, Clearwater Marine Aquarium, The Arc of Tampa Bay, Community Dental Clinic, Total Project Cost ($): Amount of Grant Funds Requested ($): Applicant's Financial Contribution ($): ' --- - Third -Party Contributions ($): UFT Academy, and a few local Clearwater schools to have students perform before the actuaconcert. The repertoire will offer something for everyone, ranging from epic classical masterpieces, symphonic favorites, and familiar, upbeat pops and fi|mmusic. The program includes patriotic favorites such as the Star -S | d Banner, Stars & Stripes Forever and Armed Forces Salute, famed film composer John Williams' music from Star Wars and Jaws, Gershwin's Porgy and Bess, film music from Skyfall and An Orchestral Suite from Aladdin, Tchiko 1812 Overture, and more. Resident Conductor Chelsea GaIlo conducts. Gailo is a rising star in the world of conducting. She has been an Artistic Contributor for NASA, and recorded music for Lincoln Motor Company (TM) Aviator commercials. Ms. GaIlo has conducted across national and international stages. She completed graduate studies at Vienna Konservatorium and earned her Doctorate from the University of Michigan. The attendance from the previous Symphony by the Sea concert was 2146. $114.658.94 $50,000.00 When will the event take May 8, 2026 place? Who will implement the project? Where will the The B�c �Sound project occur? ~~ Project Attraction The extent to which individuals may access cultural resources and engage in cultural activitiis part of whcan offer to improve quality of life for its residents and to attract visitors. TFO free live orchestra concert at The Sound will help promote awareness and appreciation of Clearwater's diverse, world-class artistic and cultural offerings that contribute to a healthy, thriving arts -cultural -community ecosystem.. TFO free concert at The Sound will showcase the best of Clearwater, by attracting audiences first to downtown for convenient parking. There residents and visitors will have ample opportunities to discover downtown Clearwater's businesses where they can shop, dine, and make new discoveries. Residents and visitors attending the free TFO concert will be able to stroll to the beautiful waterfront park, experience its attractions, stay and play, and enjoy the thrill of Clearwater's newest outdoor venue featuring TFO's world-class performance. Applicant Signature: Title of Event: The Florida Orchestra Concert at the Sound Date(s) of Event: Friday May 8, 2026 Description of A performance by the Florida Orchestra conducted by Chelsea Gallo, Special Event: Resident Conductor. Intended Audience / Anticipated Attendance Residents and visitors to the City of Clearwater and the greater surrounding area. Anticipated Audience is 2,500. Total Event Cost ($): Event Grant Funds Requested ($) Where will the The Sound, 255 Drew Street Clearwater, FL 33755 event be held? Contacted Special Events Department? Additional Sponsors or Media Outlets for Event: Funded by DDB Yes Before? Applicant Signature Applied for: Anita Samaroo Current BTR: No Is 501 501(c)(3)? Yes Timeframe of 7:30 PM - 9:30 PM Event: Free to Public? Yes Agreement I 15 Checkbox Applied / No Awarded Community Sponsorship Program? EXHIBIT "B" BUDGET 8 A B C D E F 1 —z— TFO "Deal Sheet" FY26 Concert Concert The Sound Performance 5/8/2026 Concert Account Description Option 1 Option 2 Option 3 Comments 5 6 REVENUE Earned Revenue 8 alsoalo Subscription Revenue $ - $ - $ - 9 4151015 Single Ticket Revenue- 10 4150020 Sold Service Revenue $ - $ $ - 11 4140030 Other Performance Revenue $ $ - - $ $ $ $ 12 4150018 Facility Fees/Service Charges Revenue 13 Total Earned Revenue 14 Contributed Revenue 15 4351000 Private Support incl single gifts $ 65,000.00 16 4351025 Corporate Support- 17 4351020 Foundation Support $ - 18 4351005 Bequests 19 4351010 Designated Gifts $ - 20 4351015 Guild Activites- $ 65,000.00 $ $ - 21 Total Contributed Revenue 22 Grant Revenue A B C D E F 3 Concert The Sound Performance 5/8/2026 Concert 4 Account Description Option 1 Option 2 Option 3 Comments 27 a3szlao Total Grant Revenue-DDB Funding $ 50,000.00 28 TOTAL REVENUE EXPENSES $ 115,000.00 $ - $ 29 30 31 Artists & Conductors 32 5564125 TFO Conductors 33 Gala Guest Artists & Conductors 34 ss641oo Guest Artists & Conductors 35 5564150 Guest Artists Travel and Meals $ - 36 Contract Musicians Total Artists & Conductors $ 5,500.00 $ - $ 37 38 Salaries & Wages $ 28,558.84 39 Principal Premium Pay $ 40 Assistant Principal Premium Pay $ 41 s1o6o12 Doubling $ 511.77 42 Total Salaries & Wages - CM $ 29,070.61 43 5106110 Payroll Taxes $ 2,223.90 44 5106210,11,12,13,20, 30 Group Insurance $ - 45 5106312 Pension Plan $ 2,091.34 A B C D E F 3 Concert The Sound Performance 5/8/2026 Concert 4 Account Description Option 1 Option 2 Option 3 Comments 46 5161075 Musical Instrument Insurance $ 47 5106024 Cartage $ 48 Per Diem $ 49 Parking$ - 50 Non-Contract 5106016 Total CM Wages & Benefits $ 33,385.85 $ - $ - 51 Musicians 52 Extra Musicians 53 5106017 Substitute Musicians $ 4,094.16 54 Total Salaries & Wages - NC $ 6,141.24 $ $ 55 5106110 Payroll Taxes $ 469.80 $ $ 56 5106312 Pension Plan $ 441.80 $ $ 57 Travel $ 1,450.00 58 Total Non-Contract Musicians $ 14,644.09 $ - $ A B C D E F 3 Concert The Sound Performance 5/8/2026 Concert 4 Account Description Option 1 Option 2 Option 3 Comments 59 Hall Expenses 5464400 $ $ $ $ 0 $ $ 7,200.00 10,390.00 17,340.001 15,700.00 4,500.00 55,130.00 $ 60Hall Rental 61 5464401 Front of House $ 62 5464540,30 Stagehands plus stagehand and staff meals 1 S $ - $ - 63 5464545 Staging $ 64 5464402 Facility Fees - $ 65 Other Direct Expense 5464200 Total Hall Expenses $ $ 66 67 Music Rental $ $ 68 5564210 Music Purchase $ - $ 69 5464210,5510950 Licenses and Fees $ $ $ 7o sa6assz Instrument Rental $ $ $ 71 5464500 Instrument Repair $ $ $ 72 Instrument Purchase $ $ $ - 73 5464546,47 Recording Fees (includes streaming) $ $ - $ - 74Commissions 5564255 $ $ - $ 75 5514550 Courier & Special Delivery $ - $ $ - 76 5464550 Truck $ - $ - $ 77 5461120 Storage Rental $ $ $ - A B C D E F 3 Concert The Sound Performance 5/8/2026 Concert 4 Account Description Option 1 Option 2 Option 3 Comments �s 5664600 Community Engagement Programs $ $ 79 Total Other Direct Expense $ 1,000.00 $ $ 80 Marketing 81 Subscription $ $ $ 82 Single TIX Advertising $ $- $ 83 Promotions "°'$ $ 84 Production and Printing/PhotogtaphyNideography $ $- $ 85 House Program Book & Notes $ $ $ 86 Ticket Center and Tessitura $ $ $ 87 Receptions $ $ $ 88 Website & Email $ $ $ 89 Community Engagement Marketing $ $ $ 90 Direct Mail Bulk Permit/Postage/Mail Service $ $ $ 91 Total Marketing $ 5,000.00 $ $ 92 Development 95 Total Development $ $ $ 96 Personnel 103 Total Personnel $ $ $ 104 Other/Admin A B C D E F 3 Concert The Sound Performance 5/8/2026 Concert 4 Account Description Option 1 Option 2 Option 3 Comments 105 Total Other/Admin $ $ $ 106 Travel 111 Total Travel $ $ $ 112 Total Expenses $ 114,659.94 $ - $ - 113 Net $ 340.06 $ - $ _ 114 Exhibit "C" NO COERCION FOR LABOR OR SERVICES ATTESTATION Pursuant to Section 787.06(13), F.S., this form must be completed by an officer or representative of a nongovernmental entity when a contract is executed, renewed, or extended between the nongovernmental entity and a governmental entity. Grantee does not use coercion for labor or services as defined in Section 787.06, F.S. Under penalty of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and rrect. Signature: Printed Name: b b' tsa. 5arr woD Title: V( c2L F.nanM- o.t,d h . Date: (o 13 2o2b 9