FIRST AMENDMENT TO JOLLEY TROLLEY SYSTEM GRANT FUNDING AGREEMENTFIRST AMENDMENT TO
JOLLEY TROLLEY SYSTEM GRANT FUNDING AGREEMENT
THIS FIRST AMENDMENT to that certain Agreement dated October 5, 2015 ( "Agreement ")
by and between the City of Clearwater, Florida (hereafter, "the City "), whose address is P.O. Box
4748, Clearwater, Florida 33758 -4748, a Florida Municipal Corporation and JOLLEY TROLLEY
TRANSPORTATION OF CLEARWATER, INC., a Florida non - profit corporation, (hereafter, "the
Corporation ").
WITNESSETH:
WHEREAS, the City and the Corporation entered into that certain Agreement for Jolley
Trolley services and funding dated effective October 5, 2015 (the "Agreement"); and
WHEREAS, the City and the Corporation now desire to amend the Agreement to provide
visitors with alternative transportation options to and from Clearwater Beach and Downtown
Clearwater, as more specifically set forth herein; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereby agree as follows:
The City and the Corporation desire to amend the Agreement to provide alternative transit options to
visitors traveling to and from Clearwater Beach and Downtown Clearwater during the summer peak
season (hereafter, "Pilot Program "). In consideration of this Pilot Program, the parties, in exchange
for the mutual covenants contained herein and in the Agreement, agree as follows:
1. The Pilot Program will operate from 10:00 a.m. to 12:00 a.m. for nineteen (19) service days
which include Fridays, Saturdays, Sundays and holidays which fall on Mondays beginning
May 27, 2016 to July 3, 2016 and 10:00 a.m. to 9:00 p.m. for one (1) service day on July 4,
2016.
2. The Pilot Program route is shown in Exhibit B.
3. The Corporation will collect a $1.00 fare per passenger 6 years of age and over for the Pilot
Program.
4. Passes will be honored with no additional fare and the City will receive no credit for pass
riders.
5. The Corporation will operate a minimum of two trolleys with the ability to add a third if
ridership demands.
6. At the end of each day, the $1.00 fares will be accounted and credited toward the $60.75
hourly rate per trolley.
7. Including the Administrative Fee, the maximum not to exceed amount payable to the
Corporation is $51,330, comprised of the following:
a. $51,030 for trolley service (3 trolleys per day, each operating up to 14 hours per day
at an hourly rate of $60.75 per service hour, for a period of 20 days); and
b. Administrative Fee of $300 ($50 per week for a period of 6 weeks).
8. The City will pay the Corporation monthly upon receipt of invoice which provides sufficient
detail of the Pilot Program ridership and trolley service hours.
1
9. The City will use variable message boards to encourage visitors to park and ride the
Corporation's trolleys during the Pilot Program period.
10. The City will provide promotion of Pilot Program and ride altematives through its normal
public communications.
11. Section 6(e) shall be added to include the following language regarding public records.
In addition to all other contract requirements as provided by law, the contractor executing this agreement
agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: 727 - 562 -4092, Rosemarie.CaIIc mvclearwater.com, 112
S. Osceola Ave., Clearwater, FL 33756.
The contractor's agreement to comply with public records law applies specifically to:
1) Keep and maintain public records required by the City of Clearwater (hereinafter "public
agency ") to perform the service being provided by the contractor hereunder.
2) Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
3) Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
4) Upon completion of the contract , transfer, at no cost, to the public agency all public records
in possession of the contractor or keep and maintain public records required by the public
agency to perform the service. If the contractor transfers all public records to the public
agency upon completion of the contract, the contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the
contract, the contractor shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the public agency, upon request from the
public agency's custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
5) A request to inspect or copy public records relating to a public agency's contract for services
must be made directly to the public agency. If the public agency does not possess the
requested records, the public agency shall immediately notify the contractor of the request
and the contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
6) The contractor hereby acknowledges and agrees that if the contractor does not comply with
the public agency's request for records, the public agency shall enforce the contract
provisions in accordance with the contract.
2
7) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
8) If a civil action is filed against a contractor to compel production of public records relating to a
public agency's contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
a). The court determines that the contractor unlawfully refused to comply with the
public records request within a reasonable time; and
b). At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the contractor has not
complied with the request, to the public agency and to the contractor.
9) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public
records and to the contractor at the contractor's address listed on its contract with the public
agency or to the contractor's registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic format.
10) A contractor who complies with a public records request within 8 business days after the notice is
sent is not liable for the reasonable costs of enforcement.
The effective date of this Agreement shall be as of the date written below.
ISS WHEREOF, the parties hereto have set their hands and seals this
Countersigned:
C( YL (re 4 °$
George N. Cretekos
Mayor
Approved as to form:
am Akin
City Attorney
4931.6 day of
CITY OF CLEARWATER, FLORIDA
. 4644A4)----ir
William B. Horne I1
City Manager
Attest:
'For: R - arie CaII, A, C
City Clerk
JOLLEY TROLLEY TRANSPORATI
OF CLEARWATER, INC.
Rosemary Winds
ttest:
3
Exhibit B
Downtown Clearwater Park & Ride Shuttle Route
1. Westbound on Pierce St. (640 and Lot #23 on Pierce).
2. Right on Garden Ave., stopping at Garden and Park St. (Suntrust/Atrium).
3. Continue north on Garden, stopping at 28 N. Garden Ave. (in front of Clearwater Towers).
4. Left on Drew St.
5. Looping down and around Coachmen Park and Marina with drop off for the Ferry passengers.
6. Up and right on Osceola (stopping at 2 locations).
7. Right on Court St.
8. Over the bridge, west on the causeway.
9. Right on East Shore, Left into Lot #43, Right on Poinsettia, Right on Papaya, Right on East Shore.
10. Right onto Causeway and circle out of roundabout.
11. East on the causeway and over the bridge toward downtown Clearwater.
12. Continue east on Chestnut.
13. Left on Myrtle.
14. Left on Pierce and continues loop.
The trolleys will pick up and drop off at the following locations:
1. 640 Pierce St. [ #B Municipal SVCS. Garage]
2. Park /Pierce St. Lot [Lot #23]
3. Garden /Park St. [Suntrust /Atrium]
4. 28 N. Garden Ave. [ #A Garden Garage]
5. Harborview /Marina /Coachman #14
6. City Hall Osceola St. [ #10 Parking Lot]
7. County Parking Garage #21 on Osceola by foot of bridge
8. Clearwater Beach Lot #43
t nrt rlaroson
pear Department
tfOurch of Scientology
Hag Servxe Otgarzrrat on
� arktr St
Court St
, -Ekven ei
Go gle
reeexotiur.mnt
a Snap Coo,
°Trolley Stop