AGREEMENT TO PIGGYBACKAGREEMENT TO PIGGYBACK
THIS AGREEMENT TO PIGGYBACK (this "Agreement") is made and entered into as
of this 1(1744-1 day okJa,ilu toy , 2024, by and between the CITY OF CLEARWATER,
FLORIDA, a Florida municipal corporation (the "City"), and MUNIREG, LLC, an Ohio limited
liability company (the "Contractor", and together with the City, the "Parties").
WITNESSETH:
WHEREAS, on or about October 26, 2023, the Contractor entered into a contract to
provide Pinellas County with foreclosure registry services (the "County Contract") with the
County Contract being awarded through a competitive and open procurement process; and
WHEREAS, the City represents that it will enter into this Agreement with the Contractor,
piggybacking on the County Contract subject to certain modifications provided herein and in
accordance with the City's procurement processes and Florida law.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
of the Parties, and other good and valuable considerations, the receipt and sufficiency of which is
hereby acknowledged and agreed by the Parties, the City, and the Contractor do hereby covenant
and agree as follows:
1. The Parties do hereby mutually represent and warrant that the foregoing recitals are
true and correct, and said recitals are hereby ratified, confirmed, and incorporated into the body of
this Agreement.
2. Any capitalized terms utilized in this Agreement, and which are not separately
defined herein shall have the meaning ascribed thereto in the County Contract.
3. Services and Pricing Provided. The Contractor shall provide the City with
foreclosure registry services as specified in the County Contract (attached hereto as Exhibit "A").
4. Terms and Conditions of the County Contract Apply. Except as set forth herein,
all provisions of the County Contract are incorporated in and shall apply to this Agreement as
though fully set forth herein, provided that all references to Pinellas County shall mean the City.
For the avoidance of doubt, this Agreement will not be affected by any subsequent amendments
to or termination of the County Contract, which will be applicable solely to the relationship
between Pinellas County and the Contractor. Any subsequent amendment or modification to this
Agreement must be made in accordance with the terms hereof and would be subject to any
applicable restriction or limitation under applicable law.
5. City Insurance Requirements. The Contractor shall, at its own cost and expense,
acquire and maintain (and cause any subcontractors, representatives or agents to acquire and
maintain) during the term with the City, sufficient insurance to adequately protect the respective
interest of the Parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-
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VII or better. In addition, the City has the right to review the Contractor's deductible or self-
insured retention and to require that it be reduced or eliminated.
Specifically, the Contractor must carry the following minimum types and amounts of
insurance on an occurrence basis or in the case of coverage that cannot be obtained on an
occurrence basis, then coverage can be obtained on a claims -made basis with a minimum three (3)
year tail following the termination or expiration of this Agreement:
a. Commercial General Liability Insurance: coverage, including but not limited to,
premises operations, products/completed operations, products liability, contractual
liability, advertising injury, personal injury, death, and property damage in the
minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance: coverage for any owned, non -owned,
hired or borrowed automobile is required in the minimum amount of $1,000,000
(one million dollars) combined single limit.
c. Professional. Liability/Malpractice/Errors or Omissions Insurance: coverage
appropriate for the type of business engaged in by the Contractor with minimum
limits of $1,000,000 (one million dollars) per occurrence. If a claims made form
of coverage is provided, the retroactive date of coverage shall be no later than the
inception date of claims made coverage, unless prior policy was extended
indefinitely to cover prior acts. Coverage shall be extended beyond the policy year
either by a supplemental extended reporting period (SERP) of as great a duration
as available, and with no less coverage and with reinstated aggregate limits, or by
requiring that any new policy provide a retroactive date no later than the inception
date of claims made coverage.
d. Unless waived by the State of Florida and proof of waiver is provided to the City,
statutory Workers' Compensation Insurance coverage in accordance with the laws
of the State of Florida, and Employer's Liability Insurance in the minimum amount
of $500,000 (five hundred thousand dollars) each employee each accident,
$500,000 (five hundred thousand dollars) each employee by disease, and $500,000
(five hundred thousand dollars) disease policy limit. Coverage should include
Voluntary Compensation, Jones Act, and U.S. Longshoremen's and Harbor
Worker's Act coverage where applicable. Coverage must be applicable to
employees, contractors, subcontractors, and volunteers, if any.
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
Prior to the execution of this Agreement, and then annually upon the anniversary date(s)
of the insurance policy's renewal date(s) for as long as this Agreement remains in effect, the
Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an "Additional Insured". In addition, when
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requested in writing from the City, the Contractor will provide the City with certified copies of all
applicable policies. The address where such certificates and certified policies shall be sent or
delivered is as follows:
City of Clearwater
Attn: Planning and Development Department
100 S. Myrtle Ave.
Clearwater, FL 33755
The Contractor shall provide thirty (30) days written notice of any cancellation, non-
renewal, termination, material change or reduction in coverage. The Contractor's insurance as
outlined above shall be primary and non-contributory coverage for the Contractor's negligence.
The Contractor reserves the right to appoint legal counsel to provide for the Contractor's defense,
for any and all claims that may arise related to Agreement, work performed under this Agreement,
or to the Contractor's equipment, or service. The Contractor agrees that the City shall not be liable
to reimburse the Contractor for any legal fees or costs as a result of the Contractor providing its
defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any
potential liability to the City, and failure to request evidence of this insurance shall
not be construed as a waiver of the Contractor's obligation to provide the insurance
coverage specified.
6. Sovereign Immunity. Nothing contained within this Agreement or the underlying
County Contract shall be construed as consent by the City to be sued by third parties, or as a waiver
or modification of the provisions of Section 768.28, Florida Statutes or the Doctrine of Sovereign
Immunity.
7. The Contractor shall comply with all applicable laws of the City of Clearwater and
the City's foreclosure registry program.
8. Notices. All notices or other communications to either party by the other shall be
deemed given when made in writing, sent via registered or certified mail, and deposited with the
United States Postal Service addressed as follows:
To the City:
Attn: Code Enforcement Manager
City of Clearwater
100 S. Myrtle Ave.
Clearwater, FL 33756
With a copy to:
Attn: Procurement Division Manager
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City of Clearwater
100 S. Myrtle Ave.
Clearwater, FL 33756
9. If the Contractor has questions about public records requirements, the contractor should
contact:
City Records Custodian
City of Clearwater City Clerk's Office
600 Cleveland Street, Suite 600
City of Clearwater, FL 33758
Phone: (727) 562-4090
10. In the event of conflict or ambiguity between the terms and provisions of this
Agreement and the County Contract, the terms and provisions of this Agreement shall control to
the extent of any such conflict or ambiguity.
11. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original but all of which, together, shall constitute one instrument. For the purposes of
this Agreement, an executed facsimile or electronically delivered counterpart copy of this
Amendment shall be deemed an original for all purposes.
[Remainder of page left intentionally blank]
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1N WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year first set forth above:
(CITY SIGNATURE PAGE)
CITY:
The City of Clearwater, Florida,
a Florida municipal corporation.
By:
nnifer Poirrier
City Manager
Date: 9all l(JV
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me by [(Physical presence or [ ) online
notarization, this 1\ */` day of .&kiwac, 2024, by Jennifer Poirrier, as City Manager of the
City of Clearwater, Florida, a Florida municipal corporation, on behalf of the corporation. She is
personally known to me or who produced as identification.
Patricia DeMilo
Comm.: HH 387353
Expires: April 17, 2027
Print Name
Notary Public - State of Florida
Notary Public
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(CONTRACTOR SIGNATURE PAGE)
CONTRACTOR:
Munireg, LLC,
an Ohio limited liability company.
Print name: '1.-t C AES. NO (..'.t2ii
Title:
Date:
STATE OF Oln;o )
COUNTY OF .-wtcS-,o y,)
%-0€NT
The foregoing instrument was acknowledged before me by physical presence or [ ] online
notarization, this 'S day of ;,,, . 2024, by ..T),.‘ s*,,,.,, , as <1 (4 f
Munireg, LLC, a Ohio limited liability company, on behalf of t} e company. Ile/She is personally
known to me or who produced N:w4z,.. ,;, .,,.-,.c.e, as identification
us-ir�
Print 'b a 4 e:
Notary Public
JOY SPURIO
Notary Public, State of Ohio
My Commission Expires 10-242026
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