SPRING BREAK 2020 WATER TAXI AGREEMENTSPRING BREAK 2020 WATER TAXI AGREEMENT
THIS CONTRACT, entered into this 3�7day of,-ebvi,a..41.- ,
2020, by and between the CITY OF CLEARWATER, a Florida municipal
corporation, hereinafter referred to as "City," P.O. Box 4748, Clearwater, Florida
33758 and CLEARWATER FERRY SERVICES, INC., a Florida corporation,
hereinafter referred to as "Ferry," 615 Pinellas Street, Clearwater, Florida 33756.
WHEREAS, the City desires to continue to support water taxi services
connecting various areas that are exclusively within Clearwater such as the City's
Downtown Harbor Marina, Clearwater Beach Marina, Island Estates, and the
Clearwater Beach Recreation Center Loading Dock; and
WHEREAS, traffic congestion on State Road 60, including the Memorial
Causeway Bridge to and on Clearwater Beach during the months of March and
April is greatly increased due to Spring Break and the Sugar Sand Festival; and
WHEREAS, it is in the public interest to help prevent traffic gridlock during
peak periods, reduce the law enforcement man hours involved in traffic control,
and increase awareness of the downtown Cleveland Street District, Coachman
Park, and Downtown Marina; and
WHEREAS, the City and the Ferry previously contracted for ferry services
between March 1, 2016 and April 30, 2016 pursuant to that certain agreement
between the parties dated March 1, 2016 which provided a cash subsidiary; and
WHEREAS, the City and the Ferry also contracted for water taxi services
pursuant to that certain renewal agreement between the parties dated November
20, 2018 ("Renewal Agreement"); and
WHEREAS, while the Renewal Agreement covers a two-year period
between December 1, 2018 and December 1, 2020, it does not offer any cash
subsidiary to the Ferry; and
WHEREAS, the Ferry has requested that the City provide it financial
assistance in the form of a cash subsidiary during the month of March 2020
("Spring Break 2020") to increase the Ferry's capacity during this month; and
WHEREAS, the City is interested in increasing the Ferry's capacity during
Spring Break 2020;
NOW THEREFORE, in consideration of the promises stated herein, the
City and Ferry mutually agree as follows:
1. SCOPE OF PROJECT.
Ferry agrees to continue to provide water taxi services as outlined in the
Renewal Agreement and further agrees that on March 14, 15, 20, 21, 22, 2020 it
will provide two additional vessels capable of water taxi services between the
hours of 11 a.m. and 4 p.m. These additional vessels will all be placed in service
solely in Clearwater, and will only transport passengers between the Clearwater
Downtown Marina and the Clearwater Beach Marina. Furthermore, the
Renewal Agreement and its attached exhibits are incorporated into this Contract
by reference as if fully stated herein and the Parties expressly agree to be
bound by the terms of those documents.
2. TIME OF PERFORMANCE.
This Contract shall commence on March 1, 2020 and terminate on March
23, 2020.
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3. COMPENSATION.
The City will pay the Ferry $16,150.00 in the manner described in
Paragraph 4 below.
4. METHOD OF PAYMENT.
The City agrees to pay after satisfactory evidence that the Ferry has
complied with the Scope of Work described in Paragraph 1 under the terms of
the Florida Prompt Payment Act F.S. 218.70 to wit: a $8,075.00 initial payment
on March 1, 2020 and a second $8,075.00 payment April 1, 2020.
5. 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 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: Patricia Rodriguez
240 Windward Passage #1304
Clearwater, FL 33767
2) If to City, addressed to:
City Manager
P. O. Box 4748
Clearwater, FL 33758-4748
With copies to:
City Attorney
P. O. Box 4748
Clearwater, FL 33758-4748
6. TERMINATION OF CONTRACT.
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The City at its sole discretion may terminate this Contract by giving the
Ferry a five (5) day written notice of its election to do so and by specifying the
effective date of such termination. In such case, the Ferry will only be
reimbursed for its actual costs through the effective date of such termination not
to exceed $16,150.00. Further, if the Ferry does not fulfill any of its obligations
hereunder, this Contract shall be in default, the City may terminate the Contract,
and the Ferry will not be entitled to any compensation.
7. NON-DISCRIMINATION.
Notwithstanding any other provision of this Contract, the Corporation for
itself, agents and representatives, as part of the consideration for this Contract
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 Contract, 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) Breach of Non-discrimination Covenants. In the event of conclusive
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evidence of a breach of any of the above non-discrimination covenants, the City
shall have the right to terminate this Contract immediately.
8. INTERESTS OF PARTIES.
Ferry covenants that its officers, employees and shareholders have no
interest and shall not acquire any interest, direct or indirect, which would conflict
in any manner or degree with the performance and/or provision of services
required under the terms and conditions of this Contract.
9. LIABILITY AND INDEMNIFICATION.
The Corporation 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
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.
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10. CONFORMANCE WITH LAWS.
Ferry agrees to comply with all applicable federal, state and local
laws during the life of this Contract.
11. ATTORNEY FEES.
In the event that either party seeks to enforce this Contract through
attorneys at law, then the parties agree that each party shall bear its own
attorney fees and costs.
12. GOVERNING LAW AND VENUE.
The laws of the State of Florida shall govern this Contract, and any action
brought by either party shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract
as of the date set forth above.
Countersigned: CITY OF CLEARWATER, FLORIDA
1,eow\cetYtos
George N. Cretekos
Mayor
16 -444 -ti —2=
William B. Home II
City Manager
Approved as to form: Attest:
Michael Fuino
Assistant City Attorney
Rosemarie Call
City Clerk
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SPRING BREAK 2020 WATER TAXI AGREEMENT
CLEARWATER FERRY
By: i
Patricia Rodrigu
President
Attest:
Dennis Rodriguez, Vice President
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