AGREEMENT TO USE OFF HIGHWAY VEHICLES FOR THE REMOVAL OF RENTAL EQUIPMENTAgreement between City of Clearwater and
Carlouel Yacht.Club
This Contract: is made:and. entered into as.bf the. ' , dayof. February , 2026; by and
between the City of Clearwater (hereinafter referred to..as:"City"),.and Carlouel Yacht Club
{hereinafter referred to as !' cadouelYachtClub 1
Recitals
WHEREAS, the City desires,to authorize the use of off-highway.vehiclesas'defined in s. 317.000,
Florida Statutes in compliance with . s. 161:58, 'Florida Statutes, 'for the remoVai of. rental
equiprnent;.and
WHEREAS, the parties wish to enter Into this Contract to setforth theterms and conditions;
NOW, THEREFORE, .in .consideration of the mutual covenants and.agreements.contained herein,
•the.parties agree as follows:
1.. Defi riltions.
1.100 -Highway Vehicle: is.a vehicle as defined in s. 317.0003,.Florida•Statutes (2025).
2..Scape,of: Services
2.1 Caq°"1. acbf cm5 shall .use`off-highway vehicles for•th.e. removal of rental equipment owned:by or
rented from the.,Contractor or its agents:
3: Route Map
3.1. cadooel.Y 6.1ncwb shall provide the City with a detailed map. outlining the specific..route the. off-.
high.way vehicle. will take. This map must be submitted to.the City for review and approval prior
to the commencement of services. Such.approval may be granted, °granted in part, modified, or
declined in the•Cjty's.sole discretion..
3.2.A copy of the approved .route. map shall be kept in:the off-highway vehicle. at alitirnes during;
operation and must.be produced immediately.for inspection upon request by. any City staff or
police officer...
4. Hours..of.Operation
4 1 carlouel:Yonciub is authorized to oPerate the off. -highway vehicle between the hours of sunrise
and sunset.
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5: Vehicle Specifications
Cariouer.Yacht Club
5:1 shall provid.edetails of the ..Specific..off-highway vehicle to be used, including
make, rriddel,year, and vehicle identification number (VIN). This information Must be submitted
t� the City prior t� the Commencement of Services,
5.2 The:off-highway vehicle authorized under this Contract must display the permit sticker issued
by the City at.all times while operating. The. perniit 'sticker shall. be affixed in a.clearly .Visible
location on thebackof the vehicle as..clesignated by the City.
O. Fee
6.1. The .ContraCtor shall pay a non-refundable. fee :of $250..to the City upon execution of this
Contract. NOpermit.or authorization underthis.Ccintract shall beisSued or effective until such
payment is received by the.City.
Cartuuvriecht Club
6.2 Annual Renewal Fee... Shall Pay tathe City a nonrefundable renewal fee of fiftY
dollars (US $50,00) on October 1 of each calendar year during the Term, Payments.shall be
madein accordance with the .City'sthen-current remittance instructions: Failure. to timely remit*
therenewa] feeshall resUltin suspension or termination unless specifically waived or excused in
writing by the City Manager.
7: indemnification and Insurance
Cadouel Yacht•Club
7.1 'agrees to indemnify, defend, and hold harmless thecity, its Officers.,. agents, and
ernplOyeesfro.rh and against any and all.claims, damages,. losses,.and expenses,.inclu.ding but not
limited to attorney's 'fees, arising out of or resulting from. the performance of this Contract
provided that..anY.suCh claim, damage, loss; or expense is attributable to bodily injury,. sickness,
disease, ordeath, .or to injury to or destruction of tangible property, including th.e loss of use
resulting therefrom; to the extent caused in whole or in part.by anynegligent act or omission of
the Contractor,...anyone directly or indirectly employed 'by the Contractor, or anyone for whose
acts.the Contractor may be liable.
.7,2 9a4puel Yacht dub
Shall maintain the appropriate insurance COVerage. required by the City and shall
name the City'as an additional insured; See Addendum A Proof of Insurance must be provided to
the City.PriOr to partnerectivities resuming on city property.
8. Compliance With Laws
• Cadouel Yacht Club
shall comply with all applicable fedeVal;.itate, and local laws, , regulations, and
ordinances, including.but not limited section 151.58 of Florida law.
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9. Term and Termination
9.1 Terni. This Agreement shall.comm.ence on..the date this .contract IS executed.bya.11.Parties and
shall .continuein full force and effect indefinitely unlessand untilterminated.p.ursyant.to either
party delivering thirty (30) days written notice to the other party. Such .termination can occur
with or without'cause. If proper notice is provided :prior to terminatioknelther party shall incur
any liability to the. otherparty or to third parties asa direct or indirect result Of terminating this
agreement.
CarlOuel•YachfClub
9.2 Information Maintenance. kali- times during the Term, shall ma [Main
with the City accurate, complete, and current (a) contact information, including mailing address,
email address, and telephone number; (b)vehicleinformatibkincluding rnalte,.moder,:yearrdolbr,
license plate number, and vehicle identification number fdr• eachvehicleuSed in connection with
this Agreement; and (c) insurance information, including carrier, policy number, coverageltypes
and. limits,. and policy expiration dates. Contractor shall provideWritterrnotice to the. City of any
changetoThefOregoing information within.40 days of such change.
10. Miscellaneous
10.1 Governing Law:. This Contract shall be governed by and construed in accordance with the
laws of the State of Florida,
10.2 Entire Agreement: This Contract conStitytes.the entire agreement between the parties and
supersedes .all prior •agreernent, understandings, negotiations, and discussions, whetheroral or
written.
10.3 Amendments:This cOntraCt may not be:amended or modified except by a written agreement
signed by both parties.
INIWITNESS WHEilECiF, the parties.hereto have e0Cutedthis Contract as of the date first above
written.
(Cornp.any)*.
By:
•tarIcatei Yacht Club
for Corrip6ny
Mandy Hopper, Dir. of Op.
25.
fflob Cor
ia\--cqw It 6O1()G .3
in -#2 R.C. 21-14-1- (P6'-le?.D
Countersigned:
By:
Bruce'Rector
Mayor
Approved as to form:
:anti:3F CLEARWATER, FLORIDA
By!
Jennifer Poirrier
City.Manager
By: By -
Melissa Isabel Rosemarie Call
Assistant City Attorney City Cterk
Attest:
.4
CITY OF CLEARWATER
OFF- HIGHWAY VEHICLES INSURANCE REQUIREMENTS
2026
The Vendor, Lessee, or Applicant referred to as "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-
V!' 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 coverage
for bodily injury, personal injury, death, property damage, advertising liability, premises
operations, products/completed operations, severability of interest, contractual liability, and
operation of off-highway vehicles (OHVs) as defined in 317.0003, F.S. and per 161.58, F.S in
the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two
million dollars) general aggregate.
b. If the CGL policy excludes coverage for beach operations of off-highway vehicles
(OHVs) as defined in 317.0003, F.S. per 161.58, F.S, then proof of a specialty policy for
such OHV operations shall be provided to include but not limited bodily injury, personal injury,
death, and property damage in the minimum amount of $1 million dollars CSL.
c. Specialty policies used for vehicle -related beach activities to comply with Section
161.58, F.S. must often include specific legal language to be accepted by the city:
1. Additional Insured: The policy must list City of Clearwater as a Named Additional
Insured.
2. Notice of Cancellation: Certificates must provide a 30 -day written notice (sometimes
10 days for non-payment) to the city prior to any material change or cancellation.
3. Primary Coverage Clause: The insurance must be stated as primary and non-
contributory over any insurance the city may carry.
4. Description of Operations: The certificate must explicitly state: "The certificate holder
is noted as a named additional insured with respect to claims arising out of the
operations of OHV-related beach activities of the named insured".
d. Unless waived by the State of Florida and proof of waiver is provided to the City,
Worker's Compensation (WC) & Employer's Liability Insurance coverage for all
employees engaged under the Agreement, Worker's Compensation as required by Florida
law and Employer's Liability with minimum limits of
(a) $500,000 bodily injury each employee and each accident, $500,000 bodily injury by
disease each employee, and $500,000 bodily injury by disease policy limit for quotes
or agreements valued at $50.000 and under or
(b) $l million bodily injury each employee and each accident, $l million bodily injury by
disease each employee, and $1 million bodily injury by disease policy limit for formal
solicitation and agreements exceeding $50,000.
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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.
WAIVER OF SUBROGATION — With regard to any policy of insurance that would pay third party
losses, Contractor hereby grants the City a waiver of any right to subrogation which any insurer of
the Contractor may acquire against the City by virtue of the payment of any loss under such
insurance for liability and workers compensation coverages. Contractor agrees to obtain
endorsement that may be necessary to affect such waiver, but this provision shall apply to such
policies regardless of whether the city has received a waiver of subrogation endorsement
from each insurer.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions.
a. 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" with respect to general
and auto liability coverages.
b. In addition, when requested in writing from the City, 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: P&R Department
P.O. Box 4748
Clearwater, FL 33758-4748
c. Contractor shall provide thirty (30) days' written notice of any cancellation, non -renewal,
termination, material change or reduction in coverage.
d. Contractor's insurance as outlined above shall be primary and non-contributory coverage for
Contractor's negligence.
e. 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 Contractor's equipment, or service. Contractor agrees that the City shall not
be liable to reimburse Contractor for any legal fees or costs as a result of 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 Contractor's obligation to provide the insurance coverage
specified.
INDEMNIFICATION/LIABILITY:
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
Page2of3
personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor -provided
supplies or services.
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