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LETTER OF AGREEMENT WITH FPC . ~-- , LETTER OF AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE FLORIDA POWER CORPORATION I PURPOSE The purpose of this agreement is to set forth the general provisions, - policy, responsibility, tasks and rates for the repair by the City of Clearwater of damage to sidewalks in the City caused by the activities of the Florida Power Corporation. POLICY Breaks in and damage to sidewalks are to be repaired efficiently to return the sidewalks to City standards. The sidewalk repair capability now existent within City forces is sufficient to accomodate small, occasional sidewalk repairs caused by agencies and activities other that the City of Clearwater. Normally, that in-house repair capability is acquired, maintained and used for repairs to City sidewalks, curbing and other pedestrian rights of way caused by municipal activities. First priority for in-house workload capacity will be to service City activities and requiremen~s. Additional workload(s) arising from non- municipal activities will not be used as justification for additions to the in-house repair capability, either for more capital equipment or personnel. Non-municipally generated sidewalk repair workload will not be accepted if it exceeds the marginal capability of City forces to accomodate it. Up to that point, the City, through the Director of Public Works, Public Service Division, will accept requests from public utilities and corrunercial activities for sidewalk repair on a full cost-reimbursable basis. In determining rates to charge for the repair service, the principle of minimum government competition with private enterprise will be observed. The service is made available primarily as a convenience to the requesting activities and to the City. There is no intent to under- cut those private concerns willing to perform that service by charging 1 an artificially low price. Repair rates established will, consequently, recover all direct and indirect costs incurred by the City in rendering the service. RESPONSIBILITIES A. Florida Power Corporation agrees that it is responsible to: 1. Report to the City Engineer at the time the sidewalk is broken all damage to City sidewalks caused by Florida Power Corporation. oaLr L-- 2. place safety barricading and such other equipment ,~ necessary at the damage site to minimize the hazards to pedestrians and other traffic caused by the side- walk break(s). /- 3. Review q~art~~ly ~ith the City of Clearwater the operation of the agreement to include projected work- loads, City capability, repair' reimbursement rates, and other matters related to this agreement. Such review shall be accomplished by the most effective and convenient means available, including telephone coordination. 4. Reimburse the City of Clearwater for sidewalk repair work accomplished within the terms of this agreement at the rate set forth in the section titled Rates below, or as changed through the provisions of that section. "'I:'" .~'\ ..,) 1/- /"1 ) ,- .... " I , RESPONSIBILITIES B. The City of Clearwater agrees that it is responsible to: 1. Perform expeditiously and to standard, all sidewalk repairs requested of it by the Florida Power Corporation upon notification by that company, subject to available City repair capability. 2. Review with the Florida Power Corporation quarterly the operation of the agreement to include City capability, adequacy of fees charged, and other matters relating to the operation of the agreement. 3. Record all expenses incurred in performing sidewalk repair under the terms of the agreement to determine necessary adjustments in the repair rate charged. 4. Provide a prompt and accurate billing to Florida Power' for the sidewalk repair services rendered. 5. Produce a quarterly management report summarizing the activity, costs, and revenues attendant to the repair activity conducted. TASKS A. Florida Power Corporation will: 1. Notify the Clearwater Engineering Department, 10 South Missouri Avenue of all anticipated, and actual, breaks or cuts in City sidewalks as far in advance as possible to allow prompt repair by City forces. Requests shall identify the location, date, size in square feet and person responsible for the repair requested. Requests may be telephoned to 442-6131, Ext. 252; however, a written request following up the telephone call is requested. 1- 2. Position the proper safety barricades as soon as the sidewalk cut is made. To minimize the possibility of accidental injury until the City can repair the cut, barricades should be lighted. .L-.- 3. Submit payment for repairs upon receipt of the Director of Public Work's letter outlining the work accomplished and payment due. B. The City Engineering Department will: 1. Record in writing all requests for sidewalk repair service and schedule such repair as soon as possible from within available capability. 2. Notify Florida Power when the repair is complete and when the Florida: powersafe!-ybarriers may be picked up.. 3. Maintain a complete account of all resources used for each repair job to include materials, labor time and rate, equipment rental and depreciation charges, and other direct costs such as mobilization. 4. Render to Florida Power a prompt accounting of the work performed to include the date, location, nature and scope of work, unit price and total cost. - 2 - ~ , '. I 5. Produce for the quarterly review of the agreement operations, a short summary of the sidewalk repair work accomplished through this agr~ement to include total square footage and total va14e of work done. 6. Review the per square foqt repair adequacy and correctness at least adjust as needed. bharge for ruarterlyand. I RATES The City will charge an initial rate of $2.25 a square foot for the repair of sidewalks accomplished within the provisions of this agree- ment. This rate will be subject to quarterly review and adjustment by the City Department of Public Works. The Florioa Power Corporation will be given thirty (30) days notice prior toa change in the repair rate. CHANGES Either party may suggest changes to this agreement which will take effect on verbal concurrence followed up by a written memorandum for record. TERMINATION The agreement may be terminated without cause or comment by,~ither party subject to thirty (30) days notice and will continue in force until such time as this notice is given in writing. Accepted by: Anthony L. Shoem City Hanager City of Clearwater .../A '.<, ~ .l !i '" '. .' ~) on II -/3 14 Date - 3 - Florida Power Corporation =-6'~ C. R. Collins, Vice-President lo-/o-~9 Date