Loading...
JOLLEY TROLLEY SYSTEM GRANT FUNDING AGREEMENT (6)Attachment 1 JOLLEY TROLLEY SYSTEM GRANT FUNDING AGREEMENT This Jolley Trolley System Funding Agreement is made and entered into this 0% day of September, 2012, befinreen the City of Clearwater, hereinafter referred to as the ("City") and the JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit corporation, hereinafter referred to as the ("Corporation"). ARTICLE I. TERM The term of this agreement shall be for a period of one (1) year commencing on October 1, 2012 and continuing through September 30, 2013, (the "Termination Date"), subject to annual budgetary appropriation approved by the Clearwater City Council, unless earlier terminated under the terms of this agreement. ARTICLE II. RESPONSIBILITIES OF THE CORPORATION 1) Services to be Provided. The Corporation shall provide the transportation services to promote tourism described as trolley service on Clearwater Beach, Island Estates and Sand Key, as described in Exhibit A. 2) Transportation Pick-ups. The Corporation shall provide scheduled transportation pick-ups which will be no more than 30 minutes apart (conditions permitting), as described in Exhibit A. 3) Posted Route Schedules. The Corporation shall provide posted route times at selected pick-up locations listing scheduled pick-up times, in conjunction with the Pinellas Suncoast Transit Authority (PSTA). 4) Scheduled Reports of Activities. The Corporation shall furnish the City with IRS Forms 990 and 990T certified by independent Certified Public Accountant within 90 days of the end of the fiscal year to the Economic Development and Housing Director. The financial report is to set forth the total cost of operations provided, and the detailed account of operational costs funded in part by the City. The Corporation will also provide quarterly reports of activities including: high level financials, ridership numbers, accident frequency, and on-time adherence to schedule. 5) Use and Disposition of Funds Received. Funds received by the Corporation from the City shall be used towards the payment of expenses attendant to the operation of the Trolley System. 6) Creation, Use and Maintenances of Financial Records. a) Creation of Records. The Corporation shall create, maintain and make accessible to authorized City representatives such financial and accounting records, books, documents, policies, practices and procedures necessary to reflect fully the financial activities of the Corporation. Such records shall be available and accessible at all times for inspection, review or audit by authorized City personnel, and shall be made available in accordance with Chapter 119, Florida Statutes (Public Records) and other applicable law. b) Use of Records. The Corporation shall produce such reports and analyses that may be required by the City and other duly authorized agencies to document the proper and prudent stewardship and use of the monies received through this agreement. Attachment 1 c) Maintenance of Driver's Log and Check Point System. The Corporation agrees to maintain a driver's log and a check point system to document compliance with the agreed upon schedule. Changes to these attached schedules are at the discretion of the Corporation Board of Directors, but will be submitted to the City at least two weeks prior to implementation. Any change, or series of changes, which will cause more than a 25% reduction in the routes may, at the discretion of the City Council, be considered a failure to adhere to the terms of the contract and may be grounds for reducing the funding commitment or may be considered cause for termination of the contract. d) Maintenance of Records. All records created hereby are to be retained and maintained for a period not less than five (5) years from the close of the applicable fiscal year. 7) 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, as permitted by law. 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 immediately. 8) Liability and Indemnification. The Corporation shalt 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 City, 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 City or City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Corporation's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Corporation whether or not based on negligence. Nothing herein shall be construed as consent by the City 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. 9) Compliance with Laws. Corporation shall comply with all federal, state, county and local laws, rules and regulations applicable to the operation of the vehicles. If it is ever 2 Attachment 1 determined that this Agreement violates any federal, state, county or local laws, rules or regulations, then Corporation shall comply in a timely manner or City may terminate. 10) Corporation's Role in the Development and Revitalization of Clearwater Beach. It is contemplated by the Parties hereto that in consideration for the funding provided by the City, the Corporation's role in providing trolley service shall be promoted as a tourist amenity and enhancement in furtherence of the development and revitalization of Clearwater Beach. To that end, the Corporation agrees to cooperate and work with City staff to develop the Corporation's role as integral to such revitalization and development and as a catalyst for tourism. ARTICLE III. RESPONSIBILITIES OF THE CITY 1) Funds for Operations. The City, subject to annual City Council approval, agrees to fund in part the operational costs incurred in providing the activities and services authorized by this agreement as follows: • An annual amount of $163,433 for providing trolley service on Clearwater Beach, Island Estates and Sand Key, based upon the Corporation meeting the route schedule attached as Exhibit A. • Payable in equal payments of 1/12 per month per fiscal year. ARTICLE IV. 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 V. TERMINATION 1) 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) day period following receipt of notice, this Agreement shall terminate on the sixty-first (61st) day. 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: Jolley Trolley Transportation of Clearwater, Inc. 483 Mandalay Avenue, Suite 213 Clearwater, FL 33767 3 2) If to City, addressed to: Attachment 1 City Manager P. O. Box 4748 Clearwater, FL 33758-4748 With copies to: City Attomey P. O. Box 4748 Clearwater, FL 33758-4748 Economic Development and Housing Director P.O. Box 4748 Clearwater, FL 33758-4748 ARTICLE VII. EFFECTIVE DATE The effective date of this Agreement shall be as of the date written below. I�l WITNESS WHEREOF, the parties hereto have set their hands and seals this �'� day of -�c_�kJ.rn��� , 2012. Countersigned: CITY OF CLEARWATER, FLORIDA _ C��orlt n C�C��s George N. Cretekos Mayor Approved as to form: l Pam Akin City Attomey � - � ���. William B. Home II City Manager � Attest: ,�6'-�' fZi..���:'�-Ll._ ��U�� Rosemarie Call, MPA, CMC City Clerk � — v JOLLEY TROLLEY TRANSPORATION OF CLEARWATER, INC. By: Ro L. L gen er Executive Dire or Attest: �i n ds�e � 1� r,�c� 4 TNE /+��'`� v� �� % The Jolley Trolley Is the perfect way to enjoy sightseeing and shopping without the stress of finding your way around town, parking, and traffic Jams. Enjoy stops in each of these towns: Tarpon Springs Tarpon Springs is two cities in one. The Historic Downtown, with its 1900's train depot, is Tarpon's art and antique district. The Sponge Docks brought Greek Spongers fn 1905 and is still a working port with sponge and fishing boats, shops and the best in Greek dining. Palm Harbor Welcome to Palm Harbor! Stop and experience our downtown area, home to many historic buildings such as the Rheba Sutton White Chapel. Come and enjoy great food, unique shopping, fun festivals and events held on Florida Avenue and at "Pop" Stansell Park, lively night life, and entertainment. Visit Palm Harbor Chamber of Commerce or Old Palm Harbor Main Street tor information. Dunedin Visit quaint, active Dunedin and enjoy unique shopping and delicious dining, nightlife, great beaches, and fun special events - several that celebrate the city's Scottish ancestry. Plus there's Toronto/Dunedin Blue Jays baseball, a beautiful marina, historical museum, golf, art, and more! Downlown Clsarwater Downtown Clearwater's Cleveland Street District offers an art-filled streetscape overlooking Clearwater Harbor's Memorial Causeway Bridge. Enjoy restaurants and Iive entertafnment at the Historic Capitol Theatre. Every Wednesday from October to May find produce at the Farmer's Market and a monthly Friday festival and events that attract crowds for free music and fun! ClearwaterBeach Visit 3 miles of powdery, white, sugar sand and endless sunshine. Enjoy daily festivals at Sunsets at Pier 60 and free weekend movies. Marina, jet skis, dolphin boat tours, fishing and more. See Clearwater Marine Aquarium, home of Winter the Dolphin. Beach lodging, resorts, spas, restaurants, night life and World Famous Grouper sandwiches. Come take a walk and enjoy special events along our fabulous new Beach Walk. Fares (Exact change required) Regular All Day Pass S4.50 Reduced Ail Day Pass 52.25* Regular Cash $2.00 each way Reduced Cash $1.00 each way* Youth Cash S1.25 each way* Adult Student Cash $1.25 each way* Transfer FREE to & from PSTA PS7A GO Cards are also accepted. * Reduced fare is offered to Senior 65 and olde� with govemment-issued photo ID that shows age or Plnellas Suncoast Transit Authority (PSTA) ID card; Medlcare cardholders (show original card); and Disabled citizens with PSTA ID card. Youth 18 and younger must show government-issued photo ID that shows age, school photo ID, or PSTA ID card. Adult Students must show PSTA ID Card. NOTE: Fares are subJect to change. Service Hours North and South Clearwater Beach service runs once every half hour, every day, Monday through Sunday. Service to downtown Dunedin, downtown Palm Harbor, and downtown Tarpon Springs service runs once an hour on Friday, Saturday, and Sunday ONLY. Connecting The Jolley Trolley service Is operated in two parts. One route circles Clearwater Beach while the other goes to the mainland from Island Estates Publix to serve downtown Dunedin, Palm Harbor, and Tarpon Springs. The trolleys connect at Island Estates Publix. To make transferring easier, we suggest that you purchase a One-Day Unlimited Ride pass from the driver. Service operated by Ciearwater Jolley Trolley 483 Mandalay Ave, Ste 213 Clearwater, FL 33767 (727) 445-1200 www.clea rwate rjolleytrol ley.com The Jolley Trolley appreciates the community support and financial assistance provided by the Pinellas Suncoast Transit Authority, the City of Clearwater, the Clearwater powntown Development Board, the City of Dunedin, Pinellas County, and the City of Tarpon Springs. � 2010 Mne�as Suncoast 7renail Authorlty (PSTA) PNnteC meterlals AesigneA Dy t�a PSTA Merketing Depe/Iment ll o ey Trolle � Effective 10-7-12 Clearwater Beach Bay Park Sheraton Sand Key Shephard's Clearwater Marina Crabby Bill's Beach Walk Pier 60 Clearwater Marine Aquarium Publix Island Estates Plaza Frenchy's Rockaway Grill 880 Mandatay Ave Downtown Clearwater. Dunedin, Palm Harbor. Tarpon Sprin�s Island Estates Plaza Downtown Clearwater Downtown Dunedin Downtown Palm Harbor Downtown Tarpon Springs Tarpon Springs Sponge Docks North & South Clearwater Beach Runs Every Half Hour Monday through Sunday Bound �sland Island Bound Bay Beach Estates ggp Estates Beach Bay Tarpon $P���� Dodaanese BNtl Downtown Sponge [�}� Tarpon Docks � Lo�an�sc Eprings NOTE: Houte slays on Alt 19 southbound+ j�F,.�, geryoM St ` �r� � , � ���.b� � ��I���i���� � �v.� + � C7. Wheelchair service provided on all trips. � These tdps operate on Fdday and Saturday only. iimes shown are uhetluled but may vary tlue to weather, traffic, o� othar unforeseen events, x w�E � / Dunedln Causeway � a Honeymoon Islentl � °� � �� To go to Dunedin To go to � Palm Xarbor,and Clearwate� Tarpon Sv��ngs Bsach DUNEDIN DuneEin Gr Marine . a � S80 S Mandalay � QNlpling PIe28 700 � y�p @ Atetl95t � hlentl Wi' u°i R � Pubilx a � D Island Frenchy's � � Estatea � 3 Rockaway � P1aZa � � aearwater a �^�� • Clearwater � main un ry w Marine • \ CLEARWATER ppuarlum aearwa� r�� o.e�.st BEACH pi¢r `41n°"�rOPSe eo�cs�i� � � • Memorlal Causaway �g �perk S�tl St .A Marina 9 SI� 1 Ave TARPON SPRINGS • Halen EIIis Memorlal � Hospital Y Nlos�erman Rtl �� �a PALM HARBOR NOTE: Route stays on Alt 19 southbound► y Northbound 2nd St O T�mepoiM Puak Beach Walk a.n�m • O • Crabby Bfll's ��rt Southbound S�4 5th St Tlmepol�k nr aa,m,ao aa aska Ave �F— 115t �i'tla1 Downtown Palm Hafior Curlaw Rtl DowMOwn MeInS • a� Mease a Dunetlln y g Hospltal �� �istorm t ofnce DOWNTOWN CLEARWATER arden Avenue p�� PSTA's Park Street Couns� Terminal cn�o�e s� Beach Walk �etio Shephard's• O nmepot�s • Landmarks Sand Key Pa�k • • Clearwater Salling Center ����nte�mitt2nt MAP NOT TO SCALE Sheraton • . Marrlott Bay Park Downtown Clearwater, Dunedin, Palm Harbor, and Tarpon Springs Runs Once an Hour Friday, Saturday, and Sunday ONLY Tarpon Island Garden Downtown Downtown Springs Garden Island Estates Avenue Downtown Palm Tarpon Sponge Downtown Avenue Estates Publlx Clearwater Dunedin Harbor Springs Docks Dunedin Clearwater Publiz (T Wheelchai� service provfded on all t�ips. Q These trips operate on F�iday and SaWrday only. NOtE: The iF011ey serves Tarpon Ave, SettoM St, and Orange St In Terpon Sprin� and Nebraske Ave, 11 St, and Florlda Ave In Palm Harbor NoRhbound ONLY. The South6ounA tro�lavs atav on A1t.19. Tlmes shown are se�etluletl but may vary due to weather, traffic, or other unforeseen even[s. There are several stops along the route.loliey Trolley bus stop signs are located right below PSTA bus and/or trolley stop signs. J'� Riders may transfer for free between the two services, just ask r�,� � the driver for a transfer. �r Jolley Trolley fares are the same as PSTA, and lolley Troiley SI ��� passes are valid on PSTA. To learn more, call the Jolley Troliey at (727) 445-1200. Effective 1407-12