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WATER TAXI OPERATING AGREEMENT (RFP 35-16)Water Ta�ci Oaeratinst Aareement THIS CONTRACT, entered into this i�'� day of -��Qd� �1 2016, by , and befinreen the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as °City,° P.O. Box 4748, Ciearwater, Florida 33758 and Clearwater Ferry Services, Inc., 415 Laughing Gull Lane, Palm Harbor, Florida, 34683, a Florida corporation, hereinafter referred to as `the Corporation° WHEREAS, the City desires to provide water taxi services connecting various areas that are exclusively within Clearwater, such as the City's Downtown Harbor Marina, Clearwater Beach Marina and the Clearwater Beach Recreation Center Loading Dock (the "Areasn); and WHEREAS, the Cit�r issued Request for Proposals (RFP) No. 35-16 seeking an experienced, appropriately equipped, staffed, licensed and insured water taxi service provider; RFP No. 35-16 is incorporated by reference hereto; and WHEREAS, the Corparation's proposal was deemed by city staff to be responsive and responsible to the RFP to provide water taxi service to the aforementioned areas; and WHEREAS, this proposed water taxi service is in the best interest of Clearvvater as it will help alleviate traffic to and from the aforementioned Areas; and WHEREAS, this Agreement details the operation of such water taxi service within the City and how the City intends to subsidize a portion of this altemative public transportation system during the initial phase of this pilot program; NOW THEREFORE, in consideration of the promises stated herein, the City and the Corporation mutually agree as follows: 1. RECITALS - the recitals above are incorporated herein by reference. 2. PROVISION OF WATER TAXI SERVICE The Corporation agrees to provide scheduled Water Taxi services connecting the Areas as detailed in Exhibit A— Scope of Work, following the expansion of routes as detailed in Exhibit B— Routes, following the prease in-season and off-season plans as detailed in Exhibit C— Time and Route Schedules, charging the public no more for this service than is detailed in Exhibit D— Schedule of Fees. In the event of ambiguity between this Agreement and the Exhibits, this Agreement shall prevail. The Corporation currently has two vessels dedicated to providing Water Taxi Service exclusively within the City of Clearwater. Those vessels are ident�ed as Maddie's Crossing and Hailey's Crossing. The Corporation contemplates utilizing the City's subsidy, as detailed in Exhibit A— Scope of Work, to acquire an additional vessel. This vessel is ident�ed as Monica's Crossing. Monica's Crossing, or any other vessels purchased with the use of the City's subsidy funds shall remain in service within the City of Clearwater, and a failure to do so shall constitute a default under this Agreement. Maddie's Crossing, Hailey's Crossing, and Monica's Crossing shall provide Water Taxi Service, as precisely detailed in this Agreement and Exhibits, within the City of Clearwater, and any City subsidy utilized by such vessels shall be used exclusively to provide such Water Taui Service. If the Corporation fails to provide, ceases to provide Water Taxi Service after commencement, and/or fails to cure any defaults, pursuarrt to the terms and conditions of this �greement, then the City may terminate this Agreement. In the event of termination, the Corporation shall refund all money provided by the City. 3. TIME OF PERFORMANCE The initial Contract TeRn shall commence on December 1, 2016 and end December 1, 2018. At the end of the initial term the City and Corporation may initiate renewals, subject to a mutual agreement of terms. The City and/or the Corporation must [A04-01371 /194821/1] Page 2 of 13 give written notice of their intention to renew this Agreement no later than ninety (90) days prior to its expiration. 4. COMPENSATION The City will pay the Corporation a sum not to exceed $439,820.04 in the manner described in attached Exhibit A— Scope of Work. The City may, from time to time, require changes in the Scope of Work performed by the Corporation hereunder. Such changes may include any increase or decrease in the amount of the Corporation's compensation and changes to the Scope of Work, which are mutually agreed upon by and between City and the Corporation and shall be effective when such changes are incorporated via written amendment to this Contract. At the conclusion of this Agreement, the Corporation may retain the cumulative morrthly subsidies provided during the term of this Agreement, presuming the Corporation complied with all terms and conditions. With regard to any Purchased Vessels, the City may purchase those from the Corporation for $10.00 each, and at the City's sole discretion the City may sell such vessels to the Corporation at the depreciated value of such vessel(s). 5. METHOD OF PAYMENT The Corporation's invoices for the monthly subsidy, as detailed in Exhibit A, shall be submitted to the City for approval for payment on a Net 30 basis. The City's performance and obligation to pay under this Contrad is contingent upon an annual appropriation of the City's budget. 6. NOTICES AND CHANGES OF ADDRESS Any notice required or permitted to be given by the provisions of this Contract 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 parly shall specify to the other party in writing), or if sent by registered or certified (A04-01371 /194821/1 ] Page 3 of 13 mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. Clearwater Ferry Services, Inc. Patricia Rodriguez Name President Title 415 Laughing Gull Lane Palm Harbor, FL 34683 Address (813) 857-3268 Telephone # City of Clearwater William D. Moms Name Marine and Aviation Director Title P.O. Box 4748 Clearwater, Florida 33758 Address (727) 462-6954 Telephone # Trisha@ClearwaterFerry.com Wlliam.Morris�MyClearwater.com E-Mail E-Mail 7. LICENSE TO USE CITY DOCKAGE AND UPLAND AREA The City grants the Corporation a license to occupy and use the City's dockage and adjacent upland area land reasonably related to the Corporation's provision of Water Taxi Service, including all ingress, egress and approaches to and from such dockage and upland area. The dodcage and upland areas are those associated with illustrated in Exhibit B. 8. CORPORATION'S DUTIES RELATED TO CITY DOCKAGE AND UPLAND AREA The Corporation shall control and assume responsibility for the use, operation and security of the Upland Area during Water Taxi Operating Hours, such r+esponsibility includes controlling access to the Upland Area and associated dockage, ticketing, guest service functions, security, cleaning and general operational organization. The � Corporation shall continually evaluate the condition and suitability of the city dockage [A04-01371 h 94821 /1 ] Page 4 of 13 and upland area for water taxi activities. The Corporation shall prope�ly secure the city dockage and upland area at the conclusion of daily ferry service. The Corporation shall __ notify the City of any potential or actual hazardous conditions. 9. THE CITY'S DUTIES RELATED TO CITY DOCKAGE AND UPLAND AREA At times other than Water Taxi Operating Hours, the City shall maintain the city dockage and upland area in a Gean and orde�ly cond�ion. The City shall be responsible fo� all maintertance and repairs to the city dodcage and upland areas, but the Corporation understands that the City is under no obligation to repair city dockage or the upland areas in the event that the City Council, in its sole discretion, determines that it is not in the City's best economic interest to repair such impacted areas due to substantial damage. The City will, however, take best efforts to avoid or mitigate substantial damage to City dockage and upland areas. 10. PROHIBITED USE The City dadcage and associated upland area sha0 �ot be used by the Corporation for any use othe� than the use necessary to provide Water Taxi senrices. No occupation or altemative use shall be available to the Corporation which, at the sole discretion of the City, is deemed hazardous, inconsistent with this Agreement, or increases the City's liability. 11. PUBLIC RECORDS IF THE CORPORATtON HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119s FLORIDA STATUTES, THE CORPORATIONS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUTODIAN OF PUBLIC RECORDS AT 727-662-4092 Rosemarie.CallC�mvclearwater.com. 112 S. Osceola Ave.. Clearwater FL 33756 [A04-01371 /194821/1] Page 5 of 13 The Corporation's agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter °public agency°) to perform the service being provided by the Corporation hereunder. b) Upon request ftom the public agency's cus#odian of public records, provide the public agency with a copy of the requested reco�ds or allow the records to be inspected or copied within a reasonable time at a cost that dces not exoeed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public reco�ds that are exempt or co�idential and exemp# from public records disGosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Corporation does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no c�st, to the public agency all public records in possession of the Corporation or keep and maintain public records required by the public agency to perForm the service. If the Corporation transfers all public records to the public agency upon completion of the contract, the Corporation shall destroy any duplicate public �ecords that are exempt or coM`idential and exempt from public records disclosure requirements. If the Corporation keeps and maintains public records upon completion of the contract, the Corporation 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 i�formation technology systems of the public agency. [A04-01371 /194821/1] Page 6 of 13 e) 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 Corporation of the request and the Corporation must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. fl The Corporation hereby acknowledges and agrees that if the Corporation does not comply with the public agency's request for r•ecords, the public agency shall er�force the corrtrad provisions in acxordance with the contract. g) A Corporation 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. h) If a civil action is filed against a Corporation to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the Corporation the reasonable costs of enforcement, including reasonable attomey fees, if: 1. The court determines that the Corporation unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public rec:ords request, induding a statemerrt that the Corporation has not complied with the request, to the public agency and to the Corporation. i) A notice complies with subparagraph (h)2 if it is sent to the public agency's custodian of public records and to the Corporation at the Carparation's address listed on its corrtract with the public agency or to the Corporation's �gistered agent. Such notices must be sent by common camer delivery service or by registered, Global Express Guaranteed, o� cert�ed mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. [A04-01371 /194821/1] Page 7 of 13 j) A Corporation who complies with a public records request within 8 business days after the notice is serrt is not liable for the reasonable costs of er�forcement. 12. RIGHT TO AUDIT AND PROVISION OF MONTHLY OPERATIONS REPORTS The Corporation shall prepare, in accordance with generally accepted accounting practice, accurate books of accourrt, along with other records as required by law. All records, including but not limited to ta�c retums, with respect to the Corporation's business conducted pursuant to this Agreement shall be kept by the Corporation and shall be available to the City for examination or audit during the term of this Agreement and for a period of five (5) years following the expiration or earlier tennination of this Agreement. In conjunction with providing the City an invoice for payment on a Net 30 basis, as detailed section 5 above, the Corporation shall also provide monthly operations reports, and such reports shall include, but not be limited to, Water Taxi ridership numbers, revenues generated, and copies of the Corporation's submitted Florida �epartment of Revenue Form DR-15. 13. INDEMNIFICATION AND INSURANCE The corporation agrees to comply with all teRns, provisions, and requirements contained in Request fo� Proposal (RFP) No.35-16, Water Taxi Services, and the Corporation agrees to designate the City as an additional insured under its own insurance policy. 14. VESSEL PURCHASED Upon purchase, the Corporation shall file the appropriate security intere,st in favor of the City. The Corporation understands that during the term of this Agreement, it may not utilize any vessels purchased with subsidy funds (Purchased Vessels) as collateral [A04-01371 /194821/1] Page 8 of 13 on behalf of the Corporation. Upon the expiration of this Agreement or early #ermination, the City may purchase the vessel from the Corporation for a price of $10.00. At the City's sole discretion, it may sell such Purchased Vessel(s) to the Corporation for the depreciated value of such vessel(s) at the time of expiration or early teRnination of this Agreement. 15. TAXES, FEES, AND COSTS The City shall not charge the Corporafion fees for usage of the city dodcage and associated upland areas ident�ed in Exhibit B. The Corporation will be solely responsible for payment of its own income and sales taxes. The Corporation's storage and fuel costs remain the Corporation's responsibility. 16. CONSTRUCTION AND ALTERATION OF CITY DOCKAGE AND UPLAND AREAS The Corporation shall not make or permit to be made any alterations, add�ions, improvement or changes to the city dockage or associated upland area nor permit the painting or placing of any signage, placards or other related advertising media without obtaining prior written consent of the City, which shall be at the City's sole discretion. 1.7. ASSlGNMENT The Corporation shall not have the right to assign, transfer, convey, sublet or othervvise dispose of its license to utilize city dockage and assoaated upland areas or its rights or obligations under this �qreement. 18. DEFAULT AND TERMINATION a. Subject to the Corporation's right to notice and an opportunity to cure, as specified herein, the Corporation shall be deemed in default of its obligations under this Agreement upon the occurrence of any of the following: The Corporation's failure to perform any covenant, promise, or obligation contained in this [A04-01371 /194821/1] Page 9 of 13 Agreement or compiy with the terms and cond�ions of this Agreement; b. The appointmerrt of a receiver or trustee for all or substantially all the Corporation's assets; c. The Corporation's voluntary petition for relief under any bankruptcy or insolvency law, or the filing of an involuntary banlwptcy petition which is not dismissed within sixty (60) days; d. The sale of the Corporation's interest under this Agreement by execution or other legal process; e. The seizure, sequestration, or impounding by virtue of or under authority of any legal proceeding of all or substantially all of the personal property or fixtures of the Corporation used in or incident to its operations in providing the Water Taxi Service. f. The Corporation making an assignment of its assets for the benefit of creditors; g. Any sale, transfer, assignment, subleasing, concession, license, or other disposition of this Agreement that is not authorized by this agreement; h. The Corporation doing or permitting anything that creates a lien upon the City's dockage or associated upland areas or any Vessels Purchased; or i. Utilizing Purchased Vessel(s) to provide Water Taxi Service in a manner not corrtemplated in this Agreemerrt or related Exhibits. The City may immediately terminate this Agreement if a default pursuant to this Agreement is not cured within thirty (30) days after receipt of notice from the City. In the [A04-01371 1194821/1] Page 10 of 13 event of early termination of this Agreement due to the Corporation's defautt, the Corporation shall refund all money provided by the City. 19. DAMAGE CITY DOCKAGE, ASSOCIATED UPLAND AREAS, AND VESSELS If any portions of the city dockage or associated upland areas are substantially damaged by fire, humcane or other casualty, the City or the Corporation may elect to repair or replace the affected facilities within thirty (30) days of tt�e casualty or occurrence. In the event the affected facilities are not repaired or replaoed within thirty (30) days of the casualty or occurrence or if neither the City or the Corporation elects to repair or replace the affected facilities, either party may immediately terminate this Agreement. In the event of te�rnination pursuant to this section, the Corporation may keep the morrthly subsidies that it had eamed up to the casualty or occurrence; however, the City still retains the sole right to purchase Purchased Vessels from the Corporation at a cost of $10.00 per Purchased Vessel. If the City elects to purchase the Purchased Vessel pursuarrt to this Section, then the City may elect to sell the Purchased Vessel for the depreciated value of such vesset at the time of the termination of this Agreemer►t. If any portion of the Purchased Vessel(s) is substantially damaged by fire, hurricane, or other casualty or occurrence, the Corporation may elect to repair or replace the affected Purchased Vessel within thirty (30) days of the casualiy or oa:urrence that caused the vessel damage. In the event that the Corporation fails to repair or replace within thirty (30) days of the vessel damage or the Corporation elects not to repair or replace the affected vessel(s), then the City may immediately terminate this Agreement. In the event of termination due to substantial damage to Purchased Vessel(s), then the Corporation may keep the monthly subsides that it had eamed up to the qsualty or occurrenoe; however, the Corporation shall refund the City the depreciated value of the vessel that was not repaired or replaced. [A04-01371 /194821/1 J Page 11 of 13 Nothing cor�tained herein shall limit the City's rights and remedies against the Corporation for any such damage caused by the Corporation, its employees, agents or contradors. 20. RELATIONSHIP OF PARTIES The relationship befinreen the Parties is that of licensor and licensee. In conducting the Water Taxi Service hereunder, the Corporation shall a�t as an independent contractor and not an agent of the City. The selection, retention, assignment and direction of the Corporation's employees shall be the sole responsibility of the Corporation, and the City shall not attempt to exercise any control over the daily performance of the duties of the Corporation's employees. 21. NO EXCIUSIVE RIGHTS Nothing corrtained in this Agreement shall be construed to grarrt or authorize the granting of exclusive right other than right of use of the cit�r dockage and related upland properties pursuant to the terms of this Agreement. 22. NO LIENS The Corporation shall not cause any liens to be filed against the Purchased Vessels, the city dockage, and/or the associated upland properties by any reason of work, labor, services, or materials perFormed at or fumished to the Corporation related to this Agreemerrt. Nothing contained in this f�greement shall be construed as consent on the part of the City to subject the Purchased Vessels, the city dockage, and/or associated upland properties to any lien or liability under the lien laws of the State of Florida. 23. CONFORMANCE 1MTH LAWS The Corporation agrees to comply with all applicable federal, state and local laws during the life of this Contract. 24. ATTORNEY FEES ' [A04-01371 1194821/1] Page 12 of 13 In the event that eitner party seeks to enforce this Agreement via legal action, then the parties agree that each party shalt bear its own attorney fees and costs. 25. GOVERNING LAW AND VENUE The laws of the State of Florida shall govem this Contract, and any action brought by either pa�ty shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. Countersigned: — �,e��e r�c�e.�e.�Of George N. Cretekos Mayor? � Approved a � orm c' � , �f Carttib A. Soto Assistant City Attomey A�est: r� ,�" � � ..��:� Print Name: �� L �--► e2-�-� CITY OF CLEARWATER, FLORIDA By: LI) ��-� � - I�1�)--t..►.�� William B. Home II Attest: City Manager �ATER ' �' f�/1L.C� 1 cc, � 2� Rosemarie Call City Clerk (Clearwater Ferrv Services, lnc.) ��1.,,,,,.,.� �'� ,� 0 ,� ,, �, o ; ��I i,�n�, "�--; � �� >-�� 7� � ;'�- : � _. ` .� , •`� • -a�� '�',�c' � 'k.�SlABliSt�� s By. � ' � Print Nam •��--� CL �� L 2 � Title: -- r��C��'�� [A04-01371 /194821/1j Page 13 of 13 Exhibit A— Scope of Work SCOPE OF PROJECT The Water Taxi operator agrees to provide scheduled water taxi services connecting the City's Downtown Harbor Marina, Island Estates, Clearwater Beach Marina, and the Clearwater Beach Recreation Center Loading Dock under the terms and conditions set forth in Request for Proposal (RFP) No.35-16, Water Taxi Services. 1. SCOPE OF WORK The Water Taxi operator shall provide and maintain sufficient passenger vessels to provide year-round minimum standards of service as defined herein and in RFP#35-16. Operator provided water taxi vessels shall be suitable for safely docking, loading, unloading and securely transporting passengers befinreen water taxi landing locations. Operators are required to perform their duties exercising accepted standards of good seamanship and adhere to the Navigational Rules of the Road during vessel transit, including mooring and departure. Operators should take into account environmental conditions such as tide and currents, and circumstantial conditions caused by interactions with other vessels such as vessel wakes. Operators are to follow all proper marine safety and right of way standards in any and all underway situations such as passing other vessels, being overtaken by other vessels, or any situations that may arise. This is a partnered relationship with the City of Clearwater for public transportation to best provide a water borne alternative that is safe, efficient, clean, affordable, and ADA accessible vessels for Clearwater tourists, employees, and residents. Competitive pricing, enhanced rider experience as well as maintaining a consistent schedule is expected. A. Operational Goals ➢ To operate a daily water taxi service befinreen the Harbor Marina, Beach Marina, and Clearwater Beach Recreation Center, using the existing water taxi landing docks at city locations. ➢ Establish and maintain a positive relationship with the City and businesses along the waterfront to provide a safe transportation alternative to and from Clearwater Beach. ➢ Provide safe, high quality ADA accessible transportation and a pleasant ridership experience for patrons. ➢ Work with the City of Clearwater to maximize marketing tools available including, but not limited to, signage, social and print media to maximize ridership and engage public interest. ➢ To meaningfully involve all segments of the community in the employment and business opportunities that arise as a direct or indirect result of the taxi service operation. ➢ To contribute to easing the parking and traffic congestion on Clearwater Beach, as well as enhance the experience of the patrons be they tourists, employees or residents and add to the quality of vacationing, visiting, working or residing on Clearwater Beach ➢ Over time, expand services from the initial core route as demand increases; additional stops could be both scheduled and "on demand." Such services may be added when and where determined feasible. Where properties are private, the [A04-01371 /194820/1] Water Taxi operator is encouraged to work with the private property owner to establish water taxi landings for the benefit of both parties that are fully ADA accessible, safe and with proper illumination for the time of day. ➢ The Operator is encouraged to provide additional vessels that are properly equipped and certified to USCG standards, whether contracted, rented or owned, to reasonably accommodate peak operations that occur seasonally as well as end-of- event departing crowds to prevent long delays in service, long lines and a degraded customer experience. B. Scoae Saecifications ➢ All vessels must be USCG inspected passenger vessels for hire with current USCG certification. ➢ All vessels used must be ADA accessible. ➢ All Captains operating a water taxi must have an appropriate current USCG Master's License; Captains and Crews are not to exceed the maximum work hours as required in USCG regulations. ➢ All vessels must maintain and monitor a Marine VHF radio during operation. ➢ Base hours of service operations will be (unless weather conditions prevent the safe operation on the waters): o In Season between March 1St and Labor Day: Monday — Sunday: 8:00 AM — 12:00 AM o Out of Season between the Tuesday after Labor Day and February 28th: Monday - Sunday 8:OOAM — 8:00 PM ➢ These hours may be adjusted for construction worker and service employee contracted operations as well as seasonal demand, special events and weather related conditions. ➢ All deviations from the scheduled operations are to be coordinated with the City Harbormaster's office, in writing. ➢ While additional service hours and pick up or drop off locations for special events are encouraged to meet or build demand, enhanced operations to the core scheduled route and times must not degrade the core scheduled service. ➢ All vessels must provide coverage from moderate rain showers and provide sun shade when needed. ➢ All vessels used to provide water taxi services shall be of size and displacement that can operate without causing damage to city docks. ➢ Contractor will be responsible for all damage caused to city docks. ➢ The contractor shall promptly report to the city any accident or incident occurring during water taxi service hours which results in personal injury, property damage or violation of City, County, State or Federal (including USCG) ordinances, regulations or laws and shall cooperate with the City in investigating such accidents or incidents. ➢ Logistics for operation during special events must be coordinated with and approved by the City Harbormaster. C. Financial Responsibilitv ➢ The operator must provide the City of Clearwater with complete and accurate records including annual audited financial statements prepared according to [A04-01371 /194820/1] Generally Accepted Accounting Principles of all business transactions associated with the water taxi service. The Operator will be responsible for maximizing financial performance and utilization of the facilities through diligent promotion both independently and in cooperation with the City of Clearwater and astute management of resources such as fuel, staffing, promotions and advertising. D. Emalovees ➢ At no time shall a vessel be operated without properly trained, licensed, and certified vessel captains and trained crew as required by USCG regulations. ➢ All employee licenses, Seamanship papers and other USCG required documents and training certificates shall be on file with the Harbormaster's Office at the onset of the contract and prior to any changes to staffing of any vessels used in the performance of this contract. E. Citv's Resaonsibilities ➢ The City of Clearwater will maintain existing water taxi landings on municipally owned property. Additional water taxi landings may be added by mutual agreement in other waterway locations to expand the service opportunities where practical. The city reserves the right to work with the selected operator as well as other operators to provide increased service and passenger capacity as deemed necessary. o Initiallandings: • The existing Downtown Harbor Marina landing on the North Basin floating dock. • The existing Clearwater Beach Marina landings consisting of one floating dock at the east end of the Marina and occupying slips 149 and 150. The existing floating dock located at the Bay Esplanade launch ramp adjacent to the Beach Recreation Center. ➢ The City will provide directional signage and wayfinding signs where appropriate to improve visibility of downtown and beach landings and guide riders to the water taxi landings and nearby parking. F. Coraoration's Resaonsibilities ➢ Provide adequate vessels and equipment to meet the scheduled service demands and adhere to proper vessel maintenance IAW manufacturer's commercial use standards for inspections and engine fluid and filter changes. [A04-01371 /194820/1] ➢ In addition to the fiscal, ridership and revenue reports required above, provide su�cient vessels in number and size along with qualified staff for each vessel to meet all USCG standards for safe operation and provide documentation of perFormance of scheduled maintenance by appropriately trained personnel IAW manufacturers specifications and USCG rules and regulations. 2. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM December 1, 2016 through December 1, 2018 unless revised by mutual agreement of both parties. If the commencement o� contract on the start date, the delayed execution. 3. EXTENSION performance is delayed because the City does not execute the the City may adjust the start date, end date and milestones to reflect The City and the Corporation may mutually agree to extend the term of this contract.The City or Corporation shall give written notice of their intention to extend this contract no later than ninety (90) days prior to the expiration date of the contract. 4. PRICES All pricing shall be firm for the initial term of two (2) years except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in this Agreement. ➢ At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for the two (2) year renewal term. ➢ No fuel surcharges will be accepted.� 5. SUBSIDY These are the payments provided by the city under this initial 2 year contract to secure scheduled service and meet actual observed ridership and anticipated growth. Any subsequent years will be reviewed and renegotiated based on actual ridership data gathered for the initial contract term, a review of the capital costs, revenues generated in excess of expenses and value of the service provided to the city, its businesses and the ridership served. A. Year 1 An initial subsidy will be provided to purchase a vessel in an amount not to exceed $180,000.00. This dollar amount is necessary to meet initial capacity and schedule requirements of the contract within 30 days of the commencement of the initial year 1 term. [A04-01371 /194820/1) � Monthly subsidies of $10,523.92 for 12 months to maintain scheduled service to build ridership and encourage business relationships with existing and new businesses both on Clearwater Beach, Sand Key and Downtown are outlined below. ➢ Total year one subsidy cost for scheduled service B. Year 2 $126, 287. 04 Monthly subsidies of $11,127.75 to maintain scheduled service to build ridership and encourage business relationships with existing and new businesses both on Clearwater Beach, Sand Key and downtown are outlined below. ➢ Total Year two subsidy cost for scheduled service ➢ Total Compensation [A0401371 /194820/lj $133,533.00 $439,820.04 Exhibit B - Routes Contractor Map & Route Plan Displayed in Phases The Downtown Promenade (to be developed Year 1 of contract) and the Clearwater Beach Marina (to be enhanced Year 1 of contract) will serve as the main terminal locations for the largest volume of ridership. These will be considered transportation HUBs. Other stops at North Beach, South Beach, Island Estates and eventually Sand Key will be future landings. In the future additional landings at the Seminole Street Launch Ramps location and private docks for "Whistle Stops" may be added provided they meet ADA standards and do not to detract from the scheduled service to the core service area of downtown and the beach marina. Each Proposed Phase is described below, the initial term of this contract is to develop the section identified as Phase 1 with the red and purple line "routes" and schedules expanded as additional service and ADA accessible landings can accommodate: PHASE 1 �; 20 7 6/2017 SERVICES Downtown Clearwater Clearwater Beach Marina Island Estates North Beach 1 North Beach 2 (aoa-oi3�i /i9ziii/i� PHASE 2 2017/2018 SERVICES Do�wnto�wn Clear�a�ater (:4ear�Water B�each M1.arin�a Island Est:ates fW�orth Beach 1 N�orth Beach 2 3e�a�ch =mploye�e On!y- PHASE 3 � � 2018/2019 SERVICES Dotiantoown Clear�a�ater Clear�a�ater B�each M�arin,a Island Estates I�ort:h Bea�ch 1 �vorrh Bea�ch 2 Bea,h Empdoy�ee Only Sand Key� i t--� l , � TI�e Red Line w�ll serve as the main line for riders ta �d�ro�n Cle Beach and Island Estates. With the Clearwater Munitipal Marina serving s one of our main terminal locations it is impor#ant that we have a line that ill provide various runs from the downtown marina. We will have a stop Q#f t Island Estates for guests of the Clearwater �larine Aquarium and residen s. .. . . . . . . . .. . '.,�..._ } ..>,a,i ,� ,. ,.�.. .«: . .snea . . i.s , s nn, �. PURPLE LINE HIGHLIGHTS The Purple Line wiN serve our other landings which will include South Bea h, North Beach1, North Beach 2 and Island fstates. We believe this run will ro- vide employees and visitors opportunities to get to their places of work a d offer visitors the option of visiting multiple locations along Clearwater Be ch, Phase 2: An Employee Dedicated Vessel: This Expanded Route mav be added at such time as beach emplovee demand supports a dedicated vessel "The Oranqe Line" , .- �r� t \\j}� �4/ ��n// /� �j �'VV�� C�� _�}VV 4 � ..r`�'� J � s / � ea.� + .:,.a- � . : � �. �.... . < = n :. _n. .... � . � . . V� � � �, . , ;� YV � ..� � 1�''�� .. , _ •y . . v. i. :� ^ `�— 4 � ` J'�� (�� 9sea.�v.� ��-��:. ----___ _ ___ �> i�c�n��7w �P�:�:�u�a� [aoa-oi3�i /i9ziii/1� { _; _r_� . �n.� ��■�11,.� � The Green Line wil) serve as our Island Hopper connecting Sand Key, South Beach, Clearwater lUlunicipal Marina, North Beach 1, Idorth Beach 2 and Islan Estates. This will allow guests the option to visit multiple locations along Clearwater Beach without having to take the trip to the downtown marina. This will be our first line to offer whistle stop/on demand services. � Exhibit C: Time and Route Schedules PR W4 C�`v �' ' \ A ( p � ' � �, ��,-',' _ �ERAy In-Season Route Schedule Plan [A0401371 /192112/1] r �owntown Clearwater 8:C'' =':" Downtown C�earwater � earwater Beac Marina 8:� South Beac slan Estates 8:= North Beach 1 Downtown C earwater North Beach 2 �learwater Beach Marna Island Estates ;s an Estates �:-_ ., . Downtown C earwater Downtown C earwater 10:0'c :��: Sout Beac C earwater Beac Marina 102G AM Nort Beac 1 s an Estates lO:GG AM Nort Beac 2 Downtown C earwaier 11:OC AM Islan Estates L earwater Beac Marir� 1120 AM Downtown C earwater is�an Estates 11:40 AM Sout Beac Downtown C earwater 12:00 PM Nort Beac 1 C earwater Beac Mar;na 1220 PM Nort Beac 2 Is an Estates 12:40 PM Is an Estates Downtown C earwater 1:00 PM Downtown C earwater � earwater Beac Marina 1:20 PM Sout Beac s an Estates 1:40 PM Nort Beac 1 Downtown C earwater 2:00 PM Nort Beac 2 � earwater Beac Marina 220 PM Is an Estates :s an Estates 2:4Q PM Downtown C earwater Jowntown C earwater 3:00 PM Sout Beac � earwater Beac Marina 32C PM Nort Beac 1 island Estates 3:40 PM North Beach 2 Downtown earwater 4:00 PM Is an Estates � earwater Beac Marina 420 PM Downtown Clearwater Is an Estates 4:40 PM Sout Beac Downtown Clearwater 5:00 PM Nort Beach 1 � earwater Beac Marina 5:20 PM Nort Beac 2 is and Estates 5:40 Pfv� Islan Estates �owntown C earwater 6:00 PM Downtown C earwater �learwater Beach Marina 6:2C PM South Beach s an Estates 6:40 PM Nort Beac 1 �owntown Clearwater 7:00 PM North Beach 2 � earwater Beac Marina 720 PM Is an Estates s an Estates 7:40 PM Downtown C earwater �owntown earwater :OG PM Sout Beac � earwater Beac Marina 8:20 PM Nort Beac 1 s an Estates 8:4 PM Nort Beac �owntown C earwater 9:OC PM Is an Estates : earwater Beac Marina 92^u ?M Downtown C earwater s an Estates 9:40 PM Sout Beac �owntown C earwater 10:00 PM Nort Beac 1 � earwater Beac Marina i0:20 PM Nort Beac 2 s an Estates 10:40 PM Is an Estates )owntown C earwater 11:00 PM Downtown C earwater �learwater Beac Marina 112C PM sland Estates 11:40 PM )owntown Clearwater � ti,� z, r, Off- Season Route Schedule Plan [A04-01371 /192112/1] vortn eseacn � �learwater Beach Marina iouth Beach iand Key �outh Beach :learwater Beach Marina Jorth Beach 2 Jorth Beach 1 sland Estates Jort Beac 1 Jort Beac 2 :iearwater Beach Marina earwater Beach Marina �rth Beach 2 �rth Beach 1 land Estates �rth Beach 1 �rth Beach 2 earwater Beach Marina �outn �seacn :learwater Beach Marina �orth Beach 2 Jorth Beach 1 sland Estates Jorth Beach 1 Jorth Beac 2 ;learwater Beach Marina �out Beach �and Ke �out Beac :learwater Beach Marina Jort Beac 2 Jorth Beach 1 s an Estates arina na Key �uth Beach earwater Beach Marina � � wa —= — �— -- — �S -- — � �� u � � � � — � � — � � � � � - - s�� s � i : �owr.town uearwater 8:00 AM Downtown C e rwater :.IearwaterBeac Marina 8:20AMSout Beac �sland Estates 8:40 AM North Beach 1 �owntown Clearwater 9:00 AM Nort Beach 2 � earwater Beac N!a�;na 920 AM Is an Estates s an Estates 9:4C AM Downtown C earwater �owntown earwater 1:00 AM Sout Beac � earwater eac Marina 1: AM Nort Beac 1 s an states 1:4 AM Nort Beac �owntown C earwater 11: 0 AM Is an Estates � earwater Beac Mar�na 11: 0 AM Downtown C earwater �s an Estates 11:40 AM out Beac �owntown earwa*.er 12: PM Nort Beac 1 � earwater Beac MGr;�G 1 2 PM Nort Beac 2 s an Estates 1:40 PM Is an Estates Jowntown C earwater 1:00 PM Downtown C earwater L earwater Beac Marina `-�-' Sout Beac s an Estates Nort Beac 1 �owntown C earwater Nort Beac 2 ��earwater Beac Marina Islan Estates s an Estates - C�owntown C earwater Downtown Ciearwater South Beach Clearwater Beach Marina = North Beach 1 �s an Estates - North Beach 2 �owntown Clearwater - Island Estates Clearwater Beach Marina Downtown C earwater .slan Estates - Sout Beac Jowntown Clearwater - North Beach 1 �learwater Beach Marina = North Beach 2 Is an Estates = Is, an Estates �owntown C earwater - Downtown C earwater C earwater Beac Marina Sout Beac Is an Estates Nort Beac 1 Downtown C earwater Nort Beac 2 C earwater Beach t�a�;�a . Island Estates is an Estates 7:40 PM Downtown C earwater �owntown C earwa:er 8:00 PM Sout Beac � earwater Beac Marina 820 PM Nort Beac 1 sian Estates 8:40 PM Nort Beac 2 �owntown C earwater 9:00 PM Is an Estates �learwater Beach Marina 92Q PM sland Estates 9:40 PM �owntown C earwater 10�00 PM [aoa-ois�i /i9ziiz/1� vorin tseacn 1 Vorth Beach 2 �learwater Beach Marin� �outh Beach >and Key �out Beach � earwater Beac Marin� Vort Beac 2 Vorth Beach 1 s an Estates Jorth Beac 1 Jort Beach 2 :learwater Beac Marina �out Beac �and Key �outh Beach ,learwater Beach Marina Jorth Beach 2 Jorth Beach 1 sland Estates lorth Beach 1 _iearwater rseacn marina >outh Beach �and Ke >outh Beach :learwater Beach Marina Jorth Beach 2 Jorth Beach 1 sland Estates Jorth Beac 1 Jort Beach 2 :learwater Beach Marina outh Beach and Ke outh Beach :learwater Beach Marina lorth Beach 2 lorth Beach 1 sland Estates lorth Beach 1 lorth Beach 2 learwater Beach Marina outh Beach and Ke outh Beach 1 learwater Beach Marina Na �h ��— a —� � — � � � — �ier v� i�r ..' �e"a:,!' ��2�i!'� Schedule of Fees Routes Phase 1 Red Line Purple Line Phase 2 Phase 3 [A0401371 /192113/1] Exhibit D: Schedule of Fees One Wav Passes Adults $4_00 Seniors (55+): $3.00 Children (412): $2.OU 3 and under. Free Beach Employees: $3.OU A�u�s. $4.QU Red Line Seniors (55+}: $3.E?0 Purple Line Children (4-12): $2.00 Orarx,�e Line 3 and under: Free Beach Em�ployees: $3.0(i Mor�hN Passes Ad�ts_ $45.QU Seruors (55+): $35.(lU Chikiren (412): $25.oQ 3 and under Free Beach Empbyees: $35.Q0 Aciuultss: $45.UU Seruorrs (55+): $35.00 Children (412): 525.00 3 arxi under: Free Beach Empbyees: $35_OQ Adults: $4_UO Adults: $45_00 Red Line Seniors (55+): $3.U0 Seruors (55+): $35.00 Purple Line Children (412): $2.€� Ghildren (412): $25.00 Orange Line 3 and under Free 3 and under: Free Green Line Beach Employees: $3.00 Beach Err�byees: $35_QO Sand Key: $2.00 add on Sar� Key: $2.00 daily add on Annual Passes Adults: $400.00 Ser�ors (55+): $350.00 Children (412): $250.00 3 and urxier: Free Beach Empbyees: $350.Of? Adults: $400.00 Seniors (55+): $350_00 Children (412): $250.00 3 and t�xier. Free Beach Emplayees: $350.Q(} Adults: $400.00 Seniors (55+): 5350.00 Children (412): $250.00 3 and under: Free Beach Employees: $35Q_00 Sand Key: $2.0(} daily add on