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Gray‐Robinson Contract Jolley Trolley Agreements St. Petersburg Trolley Agreements CEO’s Performance Evaluation Form Page
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GRAY ROBINSON CONTRACT 3
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JOLLEY TROLLEY AGREEMENTS 6
AGREEMENT
This AGREEMENT made by and between the PINELLAS SUNCOAST TRANSIT
AUTHORITY, an independent special district, (“PSTA”), with its principal place of business
located at 3201 Scherer Drive, St. Petersburg, Florida 33716, and JOLLEY TROLLEY
TRANSPORTATION OF CLEARWATER, INC., a Florida corporation, (“Jolley Trolley”), with
its principal place of business located at 483 Mandalay Avenue, Suite 213, Clearwater, Florida
33767, (collectively referred to as the “Parties”), entered into this ___ day of _____________,
2012.
WHEREAS, Jolley Trolley provides transportation services to Island Estates, Clearwater
Beach, and Sand Key; and
WHEREAS, PSTA wishes to provide funding to Jolley Trolley so that Jolley Trolley may
provide fixed route service and fares from North Beach to Mandalay Avenue to Island Estates
and additional services during the Peak Spring Break Period (as defined below); and
WHEREAS, PSTA wishes to provide partial funding to Jolley Trolley to offset operating
expenses for the Clearwater Marine Aquarium Route (as defined below); and
WHEREAS, Jolley Trolley wishes to accept such funding in accordance with the terms
and conditions stated herein.
NOW, THEREFORE, in consideration of the mutual covenants and premises hereinafter
made by PSTA and Jolley Trolley and further good and valuable consideration, the receipt and
sufficiency of which are hereby expressly acknowledged by the Parties, it is agreed that:
1.
Recitals. The above recitals are true and correct and incorporated herein.
2.
Contract Term. The initial term of this Agreement shall commence on October
1, 2012, and terminate on September 30, 2013. This Agreement may be renewed for one (1) year
term(s), each a “Renewal Term”, upon mutual written agreement of the Parties.
3.
Funding. PSTA shall provide to Jolley Trolley funding in the total amount of One
Hundred and Eighty-One Thousand Four Hundred Forty-Three U.S. Dollars and No/100
($181,443.00), $168,443.00 of which shall be used for the purposes set forth in Paragraph 4
below and $13,000.00 of which shall be used for the Clearwater Marine Aquarium Route as set
forth in Paragraph 5 below. The funding will be paid in equal monthly installments on the
fifteenth (15th) day of each month, with the first payment due on October 15th.
4.
Use of Funds. Jolley Trolley shall use $168,443.00 of the funds provided under
this Agreement solely for the purposes of:
A.
Providing fixed route service from North Beach to Mandalay Avenue to
Island Estates. Jolley Trolley’s fixed route service and schedule are depicted in the route map,
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attached hereto as Exhibit A. Jolley Trolley shall, at a minimum, maintain a sixty (60) minute
headway frequency between 10:00 a.m. and 3:00 p.m., and between 6:00 p.m. and 8:30 p.m.,
Sunday through Saturday and Holidays, and a thirty (30) minute frequency between 3:00 p.m.
and 6:00 p.m., Sunday through Saturday and Holidays on the fixed route service;
B.
Providing one additional trolley for eight (8) hours daily for thirty (30)
days during the Peak Spring Break Period for service on Clearwater Beach with possible
deviations to the Park Street Terminal. PSTA and Jolley Trolley shall determine by cooperative
management the thirty day time period that is to be considered the “Peak Spring Break Period”
for purposes of this Agreement, the hours and schedule of service to be provided throughout the
Peak Spring Break Period, and a communication plan no less than thirty (30) days prior to the
commencement of said Peak Spring Break Period.
C.
Maintaining the fares charged by Jolley Trolley so that the fares are the
same as the fares charged by PSTA;
D.
Distributing and accepting all PSTA encoded passes.
E.
Providing for the sale of 6-month and annual passes with photo
identifications pre-printed on them. Such 6-month and annual passes shall only be sold to those
who permanently or temporarily reside in a residence located within the 33767 zip code. Eighty
percent (80%) of the revenue received by Jolley Trolley from the sales of the annual passes will
be kept by Jolley Trolley, and twenty percent (20%) of the revenue received by Jolley Trolley
from the sales of Jolley Trolley’s annual passes shall be paid to PSTA. Jolley Trolley shall
distribute PSTA’s share of the revenue from the sales of the annual passes on the 1st day of the
following month, with the first distribution due on November 1st.
F.
Accepting free rides from PSTA’s and the Hillsborough Area Regional
Transit Authority’s (“HART”) employee passes and others holding PSTA’s retiree or lifetime
passes. PSTA shall accept free transfers from Jolley Trolley’s 6-month and annual passes. Such
passes shall be accepted by PSTA as flash passes;
G.
Providing for wheelchair accessibility on all Jolley Trolley vehicles used
in the fixed route service;
H.
Accepting free transfers between Jolley Trolley and Suncoast Beach
Trolley (“SBT”) at all SBT stops, which are shared with Jolley Trolley; and
I.
Providing for a Jolley Trolley sign at all SBT stops, which are shared with
Jolley Trolley.
5.
Clearwater Marine Aquarium Funds. Jolley Trolley shall use $13,000.00 of the
funds provided under this Agreement solely for the purpose of providing a daily route, free of
charge, between Island Estates and the Clearwater Marine Aquarium, Winter’s Dolphin Tale
Adventure and downtown Clearwater serving Ft. Harrison/Park St. near the Park Street Terminal
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in Clearwater Florida (“Clearwater Marine Aquarium Route”), between the hours of 10:00am
and 6:00pm, with a minimum frequency of 20 minutes.
6.
No other use of Funds. Jolley Trolley shall not use the funds provided under this
Agreement by PSTA for any other purposes except for those described in Paragraphs 4 and 5
above. No funds or equipment provided by PSTA shall be used to operate Jolley Trolley’s
private charters or private narrated tours. The funds and equipment provided for under this
Agreement must be kept separate and segregated from the funds and equipment used to provide
or offer Jolley Trolley’s private charter services.
7.
Fixed Fares. The fares charged by Jolley Trolley for the fixed route service
described in Paragraph 4(A) above shall be the same as the fares charged by PSTA during the
term of this Agreement, including any changes to PSTA’s present fare structure that are made by
PSTA, at its sole discretion, during the term of this Agreement. The fares charged by Jolley
Trolley for its fixed route service shall comply with all federal and state laws, regulations and
rules. Jolley Trolley will distribute free transfers to its passengers that will allow its passengers
to ride PSTA’s fixed route service. Jolley Trolley will accept free rides issued by PSTA’s and
HART’s employee passes and others holding PSTA’s retiree or lifetime passes without charging
these riders any additional fare. Jolley Trolley shall provide the Clearwater Marine Aquarium
Route at no cost to all passengers.
8.
Accessibility. Jolley Trolley shall provide wheelchair accessibility on all Jolley
Trolley vehicles used in the services described in Paragraphs 4 and 5 above in accordance with
ADA regulations.
9.
Changes to Routes. Changes to Jolley Trolley passenger schedules services
described in Paragraphs 4 and 5 above must first be approved by PSTA’s Chief Executive
Officer before such changes are implemented.
10.
Reports. Jolley Trolley shall provide monthly written and oral reports to PSTA
describing the allocation of the funding provided under this Agreement, including but not limited
to details showing how PSTA’s funds have been expended, the receipt and expenditure of all
other sources of funds by Jolley Trolley, ridership and other statistics showing the effect of
Jolley Trolley’s services described in Paragraphs 4 and 5 above, and financial statements, which
shall include sales documentation of the 6-month and annual passes sold in the prior month.
Jolley Trolley reports will include all data and the results of rider surveys conducted periodically
and randomly on the fixed route service, which surveys are to be conducted by Jolley Trolley in
accordance with federal regulations.
11.
Documentation. All costs charged against the funding, including any approved
services contributed by Jolley Trolley or others, shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and
propriety of the charges.
00173846.DOC
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12.
Books and Records. Jolley Trolley shall, at any time during normal business
hours and as often as PSTA or its duly authorized representative may deem necessary, make
available for examination all Jolley Trolley records, books, documents, papers, and data with
respect to all matters covered by this Agreement and shall permit PSTA and/or its designated
authorized representatives to audit and examine all records, books, documents, papers, data, and
any other material related to this Agreement. All such records, books, documents, papers, data
and any other material related to this Agreement shall be retained for four (4) years from the
termination date of this Agreement. All records, however, that are subject to audit findings shall
be retained for four (4) years in the manner prescribed above or until such audit findings have
been resolved, whichever is later. Nothing herein shall be construed to allow destruction of
records that may be required to be retained longer by the statutes of the State of Florida.
13.
Compliance with Laws. Jolley Trolley shall comply with all federal, state,
county and local laws, rules and regulations applicable to PSTA. This includes all applicable
regulations of the Federal Transit Administration (FTA) and Florida Department of
Transportation, including but not limited to those regulations requiring a Safety System Plan, the
drug and alcohol regulations, FTA regulations governing fares, and ADA regulations. The Jolley
Trolley must also comply with all applicable laws regarding drug-free workplaces. If it is ever
determined that this Agreement violates any federal, state, county or local law, rule or regulation,
it shall terminate immediately.
14.
Financial Statements. Within sixty (60) days of the end of the initial term of this
Agreement and any subsequent Renewal Term(s), Jolley Trolley shall deliver to PSTA audited
financial statements and an audit report, including findings as to Jolley Trolley’s compliance
with the terms of this Agreement. The audit report and audited financial statements shall be
prepared by an independent CPA licensed to practice in the State of Florida. Jolley Trolley will
comply with all required procedures related to the system for reporting and maintaining data in
accordance with the National Transit Database (NTD) requirements and definitions set forth in
49 CFU Part 630, Federal Register, January 15, 1993, and as presented in the NTD Reporting
Manual. In addition, all information must be submitted to PSTA that is required for PSTA to
prepare PSTA’s annual NTD Report which is submitted to the Federal Transit Administration.
15.
Fares and Services. All Jolley Trolley routes, fares, scheduled services and
marketing materials must be approved by PSTA’s Chief Executive Officer if they relate to the
services described in Paragraphs 4 and 5 above. Any substantial changes to the fixed route, fares
or scheduled services, or additions to the fixed routes, fares or scheduled services must first be
approved by PSTA’s Chief Executive Officer. Jolley Trolley shall notify its passengers prior to
any substantial route changes and all fare changes. A substantial route change is any change of
service of 25 percent or more of transit route miles of a route, or 25 percent or more of the
number of transit revenue vehicle miles of a route completed on a daily basis for the day of the
week for which the change is made, or a new transit route is established.
16.
Service Changes. In considering a request for approval of a service change under
paragraph 16 above, PSTA’s Chief Executive Officer will consider such factors as whether the
service change will affect any existing or planned service and routes of PSTA, whether the
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proposed service change will be compatible with PSTA’s service and routes, whether the
proposed service change will deny adequate service to Jolley Trolley’s service area, whether
Jolley Trolley has the ability to operate adequately the proposed service change, and other such
relevant factors. In considering a request for a fare change, PSTA’s Chief Executive Officer will
consider the economic, environmental and social impact of the fare change.
17.
PSTA Regulations. Jolley Trolley agrees to abide by any regulations PSTA may
adopt in the future governing public transit operators in PSTA’s service area.
18.
Assignment. Jolley Trolley agrees not to assign this Agreement except upon
written consent of PSTA, which PSTA may grant or deny in PSTA’s sole discretion.
19.
Indemnification. Jolley Trolley shall indemnify, defend, and hold harmless
PSTA, its directors, officers, employees and agents from and against any and all losses,
liabilities, damages, injuries, claims, suits, demands, costs and expenses of every kind and
nature, including legal fees and disbursements and including claims for equitable relief of any
kind or nature, arising out of or in connection with in any way for any act, error, or omission
committed during the performance of this Agreement, including but not limited to Jolley
Trolley’s provision regarding public transit service, or in any way arising out of this Agreement.
This provision shall include claims made by employees of Jolley Trolley against PSTA. Jolley
Trolley agrees to waive its entitlement to immunity under Chapter 440, Florida Statutes, with
regard to such claims. The provisions of this paragraph shall survive the termination of this
Agreement, however terminated. Jolley Trolley shall also require that any contractor or
subcontractor with whom Jolley Trolley contracts for the operation of all or part of its service or
for the maintenance of its vehicles execute a hold harmless agreement agreeing to indemnify
PSTA under the same terms of this paragraph.
20.
Liability. PSTA assumes no liability or responsibility for any acts or omissions of
Jolley Trolley or of Jolley Trolley’s agents, servants, contractors, subcontractors, or employees
or for any property of Jolley Trolley, its agents, servants or employees or any other person’s
property which is damaged, lost or stolen.
21.
Insurance. Jolley Trolley shall maintain the following insurance coverage during
the term of this Agreement:
00173846.DOC
Workers’ Compensation & Employers’ Liability
Bodily Injury by Accident/Bodily Injury by Disease
$100,000/$500,000
General Liability
Bodily Injury/Occurrence/Property Damage
$1,000,000/$1,000,000/$100,000
Automobile Liability
Combined Single Limit
$1,000,000
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Jolley Trolley has provided PSTA with a certificate of insurance evidencing that
the above-described coverage is in effect. The certificate provides that PSTA is an additional
insured, that Jolley Trolley’s insurance policies are primary to PSTA’s insurance policies and
that any reduction of the policy limits of any said policies or the cancellation of said policies
shall not be effective without first providing PSTA with thirty (30) days’ written notice.
22.
Contact with Jolley Trolley. PSTA shall deal directly with Jolley Trolley’s
Administrator, and shall have no right to and will not directly control the activities, work and
operations of Jolley Trolley’s employees. This includes the method of operating any vehicle.
Any rights PSTA may have to control Jolley Trolley’s operations do not alter the responsibility
for the safety of Jolley Trolley’s operations for which Jolley Trolley is solely responsible.
23.
Termination. If Jolley Trolley fails to comply with any provision of this
Agreement, PSTA may terminate this Agreement for default. Termination shall be effected by
serving a notice of termination on Jolley Trolley setting forth the manner in which Jolley Trolley
is in default. PSTA shall, for breach or default, allow Jolley Trolley a minimum of seven (7)
days in which to cure any defect, except if the breach or default arises from the misuse or
misapplication of PSTA’s funds, fraud, misfeasance or intentional breach or default, in which
case no opportunity to cure will be provided. When an opportunity to cure is provided, the
notice of termination will state the time period in which the cure is permitted and other
appropriate conditions. If Jolley Trolley fails to remedy to PSTA’s satisfaction the breach or
default, within the time period set forth in the notice of termination by PSTA when an
opportunity to cure is provided, PSTA shall have the right to terminate this Agreement. Any
such termination for default shall not in any way operate to preclude PSTA from also pursuing
all available legal remedies against Jolley Trolley for said breach or default, including but not
limited to specific performance and the refund of any PSTA funds paid to Jolley Trolley. In the
event that PSTA elects to waive its remedies for any breach by Jolley Trolley of any covenant,
term or condition of this Agreement, such waiver by PSTA shall not limit PSTA’s remedies for
any succeeding breach of that or of any other term, covenant, or condition of this Agreement.
24.
Attorneys’ Fees. In the event of legal action or other proceeding arising under
this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all
its reasonable attorneys’ fees and cost incurred in the prosecution or defense of such action, or in
any post-judgment, or collection proceedings and whether incurred before suit, at the trial level
or at the appellate level, further including any reasonable attorneys’ fees and costs incurred in
litigating the entitlement to attorneys’ fees and costs, as well as in determining the amount of
attorneys’ fees and costs due to the prevailing party. This shall include any bankruptcy
proceedings. The reasonable costs to which the prevailing party will be entitled include costs that
are taxable under any applicable statute, rule, or guideline, as well as costs of investigation,
copying costs, electronic discovery costs, mailing and delivery charges, costs of conducting legal
research, consultant and expert witness fees, travel expenses, court reporter fees and mediator
fees, regardless of whether such costs are taxable under any applicable statue, rule or guideline.
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25.
Appropriation. In the event PSTA’s Board of Directors decides not to
appropriate the necessary funds for this grant during any year of this Agreement, then this
Agreement shall terminate without either party having any further responsibility to the other.
26.
Jurisdiction and Venue. This Agreement shall be governed by, construed and
interpreted in accordance with the laws of the State of Florida. The Parties consent to
jurisdiction over them and agree that venue for any state action shall lie solely in the Sixth
Judicial Circuit in and for Pinellas County, Florida, and for any federal actions shall lie solely in
the U.S. District Court, Middle District of Florida, Tampa Division.
27.
Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto and shall be binding on their legal representatives, successors and assigns. This
Agreement shall not be effective until executed by an authorized representative of PSTA and an
authorized representative of Jolley Trolley and cannot be amended or altered in any way unless
such amendment be in writing and signed by an authorized representative of PSTA and by an
authorized representative of Jolley Trolley. No forbearance to exercise any right or privilege
under this Agreement shall constitute a waiver of any such terms, rights or privileges, but the
same shall continue and remain in full force and effect the same as if no such forbearance had
occurred.
28.
Severability. If any one or more of the provisions of this Agreement shall be held
to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, that
provision shall be severable and the validity, legality, and enforceability of the remaining
provisions hereof shall not in any way be affected or impaired thereby and this Agreement shall
be treated as though that portion had never been a part thereof.
29.
Notices. All notices provided for under this Agreement shall be in writing and
shall be served on the Authorized Representative of the receiving party and deemed to have been
duly given:
A.
On the date of delivery, if delivered personally to the party to whom notice
is given, or if made by telecopy directed to the party to whom notice is to be given at the party's
telecopy number listed below; or
B.
On receipt, if made by telecopy directed to the party to whom notice is to
be given at the party's telecopy number listed below or if mailed to the party to whom notice is to
be given by registered or certified mail, return receipt requested, postage prepaid and properly
addressed as follows:
PSTA:
00173846.DOC
Brad Miller, Chief Executive Officer
Pinellas Suncoast Transit Authority
3201 Scherer Drive
St. Petersburg, Florida 33716
Telephone: (727) 540-1800
Facsimile: (727) 540-1913
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With a copy to:
Alan S. Zimmet, Esq.
Zimmet, Unice & Salzman, P.A.
2570 Coral Landings Blvd., Suite 201
Palm Harbor, Florida 34684
Telephone: (727) 723-3772
Facsimile: (727) 723-1421
Jolley Trolley:
Robert L. Longenecker, Executive Director
Jolley Trolley Transportation of Clearwater, Inc.
483 Mandalay Avenue, Suite 213
Clearwater, Florida 33767
With a copy to:
Debra Gregory
Secretary, Jolley Trolley
825 Court Street
Clearwater, Florida 33756
30.
References. The headings and section references in this Agreement are inserted
only for the purpose of convenience and shall not be construed to expand or limit the provisions
contained in such sections.
31.
No Third Party Beneficiaries. Nothing contained in this Agreement shall be
construed as creating any personal liability on the part of any elected official, officer, employee
or agent of PSTA, nor shall it be construed as giving any rights or benefits to the general public
or other entity other than the Parties.
32.
Authorization. The undersigned represent and warrant that they have full
authority to execute this Agreement on behalf of their respective parties.
[Remainder of this page intentionally left blank]
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the date first written above.
Witness:
Pinellas Suncoast Transit Authority
Print Name:
Brad Miller, Chief Executive Officer
APPROVED AS TO FORM:
Alan S. Zimmet, General Counsel
Witness:
Jolley Trolley Transportation of Clearwater
Print Name:
Robert L. Longenecker, Executive Director
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FIRST RENEWAL TO JOLLEY TROLLEY SERVICE AGREEMENT
NORTH COUNTY COASTAL ROUTE
THIS FIRST RENEWAL OF AGREEMENT (Renewal) made and entered into on this
____________ day of ____________, 2012, shall renew and supplement that certain agreement
entered into by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an
independent special district, JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER,
INC., the CLEARWATER DOWNTOWN DEVELOPMENT BOARD, a special taxing district
of the City of Clearwater, Florida, the CITY OF TARPON SPRINGS, a municipal corporation of
the State of Florida, the CITY OF DUNEDIN, a municipal corporation of the State of Florida,
and PINELLAS COUNTY, FLORIDA, a political subdivision of the State of Florida,
(collectively, the “Parties”) on the 21st day of November, 2011 (the “Agreement”). To the extent
that this First Renewal conflicts with the Agreement, the provisions of this First Renewal shall
govern.
WHEREAS, the Parties desire to continue to offer fixed route services as set forth in the
Agreement; and
WHEREAS, all capitalized terms used in this First Renewal, which are not otherwise
defined herein, shall have the same meaning as set forth in the Agreement; and
WHEREAS, the Contract Term of the Agreement is scheduled to expire on
September 30, 2012, unless renewed by written mutual agreement of the Parties; and
WHEREAS, as a result of the availability of additional grant funding, the Parties desire to
decrease the 2013 renewal contribution amounts set forth on Exhibits B through F of the
Agreement.
NOW THEREFORE, in exchange for mutually agreeable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. The Agreement is hereby renewed for a Renewal Term of one (1) year commencing
October 1, 2012, and terminating September 30, 2013, on the same terms, conditions, and
covenants as set forth in the Agreement, except as specifically set forth herein.
3. Effective October 1, 2012, the funding contributions for each party shall be at the “2013
Renewal Term” contribution amounts set forth on Exhibits B through F attached to this
First Renewal and dated October 1, 2012. . Effective October 1, 2012, the documents
attached as Exhibits B through F to the original Agreement shall be of no further force
and effect. 00173639.DOCX
Page 1 of 3
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IN WITNESS WHEREOF, the Parties have caused this Renewal to be executed on their
behalf by their duly authorized representatives on the dates indicated below.
PINELLAS SUNCOAST TRANSIT AUTHORITY
____________________________
Witness
By: _____________________________________
Brad Miller, CEO
Dated:___________________________________
____________________________
Witness
Approved as to Form:____________________________
Alan S. Zimmet, Esq. General Counsel
JOLLEY TROLLEY OF CLEARWATER, INC.
____________________________ By: _____________________________________
Witness
Title:____________________________________
Dated: __________________________________
____________________________
Witness
CLEARWATER
DOWNTOWN
DEVELOPMENT
BOARD
____________________________
Witness
By: _____________________________________
David Allbritton, Chairman
Dated: __________________________________
____________________________
Witness
___________________________
Approved as to Form
Elise K. Winters, Esq.
Counsel for the Board
00173639.DOCX
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CITY OF TARPON SPRINGS, FLORIDA
____________________________
Witness
By: _____________________________________
City Manager Mark LeCouris
Dated: __________________________________
____________________________
Witness
By: _____________________________________
Mayor David Archie
Dated: __________________________________
CITY OF DUNEDIN, FLORIDA
____________________________
Witness
By: _____________________________________
Robert DiSpirito City Manager
Dated: ___________________________________
____________________________
Witness
By: ______________________________________
Mayor
Dated: ___________________________________
Approved as to Form:
_________________________________________
City Attorney
PINELLAS COUNTY, FLORIDA
____________________________ By: _____________________________________
Witness
Title: Robert S. LaSala, County Administrator
____________________________
Witness
Dated: __________________________________
APPROVED AS TO FORM
By: ____________________________
County Attorney
00173639.DOCX
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EXHIBIT B
October 1, 2012
Clearwater DDB Funding Contribution
2013 Renewal Term: Nine Thousand Two Hundred Twenty Dollars ($9,220.00).
00173639.DOCX
Exhibit B
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EXHIBIT C
October 1, 2012
Tarpon Springs Funding Contribution
2013 Renewal Term: Eighteen Thousand Four Hundred Forty Three Dollars ($18,443.00).
00173639.DOCX
Exhibit C
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EXHIBIT D
October 1, 2012
Dunedin Funding Contribution
2013 Renewal Term: Eighteen Thousand Four Hundred Forty Three Dollars ($18,443.00).
00173639.DOCX
Exhibit D
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EXHIBIT E
October 1, 2012
Pinellas County Funding Contribution
2013 Renewal Term: Eighteen Thousand Four Hundred Forty Three Dollars ($18,443.00).
00173639.DOCX
Exhibit E
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EXHIBIT F
October 1, 2012
PSTA Matching Funding Contribution
2013 Renewal Term: Sixty Four Thousand Five Hundred Forty Nine Dollars ($64,549.00).
00173639.DOCX
Exhibit E
Tarpon
Springs
Sponge
Docks
Downtown
Tarpon
Orange St
Springs
NOTE: Route stays on Alt 19 southbound
Wheelchair service provided on all trips.
These trips operate on Friday and Saturday only.
E
Dunedin Causeway
Honeymoon Island
S
To go to
Clearwater
Beach DUNEDIN
To go to Dunedin
Palm Harbor, and
Tarpon Springs
60
Windward Psg
Clearwater
Boat Slips
Memorial Causeway
Marina
Northbound
Timepoint
Beach Walk
2nd St
Public
Restroom
SG
Court House
5th St
Curlew Rd
Skinner Blvd
Alt 19
Edgewater Dr
Cleveland St
Park St
DOWNTOWN
CLEARWATER
Garden Avenue
Pierce St
PSTA’s
Park Street
Terminal
Chestnut St
ulf
vie
wB
lvd
Timepoints
Shephard’s
Landmarks
Sand Key Park
Sheraton
Clearwater Sailing Center
Marriott
Times shown are scheduled but may vary due to weather, traffic, or other unforeseen events.
Mease
Dunedin
Hospital
Historic
Post Office
Drew St
Court St
Crabby Bill’s
Southbound
Timepoint
Beach Walk
Osceola Ave
CLEARWATER
BEACH Pier
Clearwater
Main Library
Downtown
Palm
Harbor
Florida Ave
Main St
Ft. Harrison
Clearwater
Marine
Aquarium
Island Way
Publix
Island
Estates
Plaza
700
Island Way
Island Way
Frenchy’s
Rockaway
Grill
Kipling Plaza
Acacia St
Nebraska Ave
11 St
Myrtle Ave
Bruce Ave
880
Mandalay
CONNECT
AT PUBLIX
Alderman Rd
Downtown
Dunedin
Dunedin
Marina
Jessamine Cir
Runs Once an Hour
Friday, Saturday, and Sunday ONLY
Klosterman Rd
Douglas Ave
Highland Ave
W
Alt 19
Broadway/Bayshore
NOTE: Route stays on Alt 19 southbound
Helen Ellis
Memorial
Hospital
Myrtle Ave
N
Bay Esplanade
10:15
10:45
11:15
11:45
12:15
12:45
1:15
1:45
2:15
2:45
3:15
3:45
4:15
4:45
5:15
5:45
6:15
6:45
7:15
7:45
8:15
8:45
9:15
9:45
10:15
10:45
11:15
–
Mandalay Ave
10:08
10:38
11:08
11:38
12:08
12:38
1:08
1:38
2:08
2:38
3:08
3:38
4:08
4:38
5:08
5:38
6:08
6:38
7:08
7:38
8:08
8:38
9:08
9:38
10:08
10:38
11:08
–
vd
10:00
10:30
11:00
11:30
12:00
12:30
1:00
1:30
2:00
2:30
3:00
3:30
4:00
4:30
5:00
5:30
6:00
6:30
7:00
7:30
8:00
8:30
9:00
9:30
10:00
10:30
11:00
11:30
Bl
–
10:15
10:45
11:15
11:45
12:15
12:45
1:15
1:45
2:15
2:45
3:15
3:45
4:15
4:45
5:15
5:45
6:15
6:45
7:15
7:45
8:15
8:45
9:15
9:45
10:15
10:45
11:15
PALM HARBOR
iew
–
10:00
10:30
11:00
11:30
12:00
12:30
1:00
1:30
2:00
2:30
3:00
3:30
4:00
4:30
5:00
5:30
6:00
6:30
7:00
7:30
8:00
8:30
9:00
9:30
10:00
10:30
11:00
Bay
Park
lfv
–
–
10:23
10:53
11:23
11:53
12:23
12:53
1:23
1:53
2:23
2:53
3:23
3:53
4:23
4:53
5:23
5:53
6:23
6:53
7:23
7:53
8:23
8:53
9:23
9:53
10:23
10:53
South
Bound
Beach
Walk
Gu
–
–
10:15 AM
10:45
11:15
11:45
12:15 PM
12:45
1:15
1:45
2:15
2:45
3:15
3:45
4:15
4:45
5:15
5:45
6:15
6:45
7:15
7:45
8:15
8:45
9:15
9:45
10:15
10:45
880
Mandalay
Island
Estates
Publix
S
Island
Estates
Publix
i dg e
New Clearwater Br
Bay
Park
North
Bound
Beach
Walk
Alt 19
Bayshore/Palm Harbor Blvd
TARPON SPRINGS
Runs Every Half Hour
Monday through Sunday
Downtown Clearwater,
Dunedin, Palm Harbor,
and Tarpon Springs
Safford St
Tarpon Ave
Milwaukee Ave
North & South
Clearwater Beach
23
Dodecanese Blvd
Intermittant
MAP NOT TO SCALE
Tarpon
Island
Garden
Island
Garden
Downtown Downtown Springs
Estates
Tarpon
Estates
Avenue Downtown Palm
Sponge Downtown Avenue
Publix Clearwater Dunedin Harbor
Springs
Dunedin Clearwater Publix
Docks
–
10:30 AM
11:30
12:30 PM
1:30
2:30
3:30
4:30
5:30
6:30
7:30
8:30
9:30
10:30
11:30
–
10:37
11:37
12:37
1:37
2:37
3:37
4:37
5:37
6:37
7:37
8:37
9:37
10:37
11:37
10:00
11:00
12:00
1:00
2:00
3:00
4:00
5:00
6:00
7:00
8:00
9:00
10:00
11:00
12:00
10:10
11:10
12:10
1:10
2:10
3:10
4:10
5:10
6:10
7:10
8:10
9:10
10:10
11:10
–
10:25
11:25
12:25
1:25
2:25
3:25
4:25
5:25
6:25
7:25
8:25
9:25
10:25
11:25
–
10:30
11:30
12:30
1:30
2:30
3:30
4:30
5:30
6:30
7:30
8:30
9:30
10:30
11:30
–
11:00
12:00
1:00
2:00
3:00
4:00
5:00
6:00
7:00
8:00
9:00
10:00
11:00
12:00
–
11:23
12:23
1:23
2:23
3:23
4:23
5:23
6:23
7:23
8:23
9:23
10:23
11:23
–
–
11:30
12:30
1:30
2:30
3:30
4:30
5:30
6:30
7:30
8:30
9:30
10:30
11:30
–
–
Wheelchair service provided on all trips.
These trips operate on Friday and Saturday only.
NOTE: The Trolley serves Tarpon Ave, Safford St, and Orange St in Tarpon Springs and Nebraska Ave,
11 St, and Florida Ave in Palm Harbor Northbound ONLY. The Southbound trolleys stay on Alt. 19.
Times shown are scheduled but may vary due to weather, traffic, or other unforeseen events.
There are several stops along the route. Jolley Trolley bus stop
signs are located right below PSTA bus and/or trolley stop signs.
Riders may transfer for free between the two services, just ask
the driver for a transfer.
Jolley Trolley fares are the same as PSTA, and Jolley Trolley
passes are valid on PSTA.
To learn more, call the Jolley Trolley at (727) 445-1200.
Bay Park
Effective 10-07-12
The Jolley Trolley is the perfect way to enjoy
sightseeing and shopping without the stress of
finding your way around town, parking, and traffic
jams. Enjoy stops in each of these towns:
Tarpon Springs
Tarpon Springs is two cities in one. The Historic
Downtown, with its 1900’s train depot, is Tarpon’s
art and antique district. The Sponge Docks brought
Greek Spongers in 1905 and is still a working port
with sponge and fishing boats, shops and the best
in Greek dining.
Palm Harbor
Welcome to Palm Harbor! Stop and experience our
downtown area, home to many historic buildings
such as the Rheba Sutton White Chapel. Come and
enjoy great food, unique shopping, fun festivals and
events held on Florida Avenue and at “Pop”
Stansell Park, lively night life, and entertainment.
Visit Palm Harbor Chamber of Commerce or Old
Palm Harbor Main Street for information.
Dunedin
Visit quaint, active Dunedin and enjoy unique
shopping and delicious dining, nightlife, great
beaches, and fun special events – several that
celebrate the city’s Scottish ancestry. Plus there's
Toronto/Dunedin Blue Jays baseball, a beautiful
marina, historical museum, golf, art, and more!
Downtown Clearwater
Downtown Clearwater’s Cleveland Street District
offers an art-filled streetscape overlooking
Clearwater Harbor’s Memorial Causeway Bridge.
Enjoy restaurants and live entertainment at the
Historic Capitol Theatre. Every Wednesday from
October to May find produce at the Farmer’s
Market and a monthly Friday festival and events
that attract crowds for free music and fun!
Clearwater Beach
Visit 3 miles of powdery, white, sugar sand and
endless sunshine. Enjoy daily festivals at Sunsets
at Pier 60 and free weekend movies. Marina, jet
skis, dolphin boat tours, fishing and more. See
Clearwater Marine Aquarium, home of Winter the
Dolphin. Beach lodging, resorts, spas, restaurants,
night life and World Famous Grouper sandwiches.
Come take a walk and enjoy special events along
our fabulous new Beach Walk.
Fares
Jolley
Trolley
24
(Exact change required)
Regular All Day Pass $4.50
Reduced All Day Pass $2.25*
Regular Cash $2.00 each way
Reduced Cash $1.00 each way*
Youth Cash $1.25 each way*
Adult Student Cash $1.25 each way*
Transfer FREE to & from PSTA
PSTA GO Cards are also accepted.
*Reduced fare is offered to Seniors 65 and older with
government-issued photo ID that shows age or Pinellas
Suncoast Transit Authority (PSTA) ID card; Medicare
cardholders (show original card); and Disabled citizens
with PSTA ID card. Youth 18 and younger must show
government-issued photo ID that shows age, school
photo ID, or PSTA ID card. Adult Students must show
PSTA ID Card.
NOTE: Fares are subject to change.
Service Hours
North and South Clearwater Beach service
runs once every half hour, every day, Monday
through Sunday.
Service to downtown Dunedin, downtown
Palm Harbor, and downtown Tarpon Springs
service runs once an hour on Friday, Saturday,
and Sunday ONLY.
Effective 10-7-12
Service operated by
Clearwater Jolley Trolley
483 Mandalay Ave, Ste 213
Clearwater, FL 33767
(727) 445-1200
www.clearwaterjolleytrolley.com
The Jolley Trolley appreciates
the community support and
financial assistance provided by
the Pinellas Suncoast Transit
Authority, the City of Clearwater,
the Clearwater Downtown
Development Board, the City of
Dunedin, Pinellas County, and
the City of Tarpon Springs.
Connecting
The Jolley Trolley service is operated in two
parts. One route circles Clearwater Beach
while the other goes to the mainland from
Island Estates Publix to serve downtown
Dunedin, Palm Harbor, and Tarpon Springs.
The trolleys connect at Island Estates Publix.
To make transferring easier, we suggest that
you purchase a One-Day Unlimited Ride pass
from the driver.
© 2010 Pinellas Suncoast Transit Authority (PSTA)
Printed materials designed by the PSTA Marketing Department
Clearwater Beach
Bay Park
Sheraton Sand Key
Shephard’s
Clearwater Marina
Crabby Bill’s
Beach Walk
Pier 60
Clearwater Marine Aquarium
Publix
Island Estates Plaza
Frenchy’s Rockaway Grill
880 Mandalay Ave
Downtown Clearwater, Dunedin,
Palm Harbor, Tarpon Springs
Island Estates Plaza
Downtown Clearwater
Downtown Dunedin
Downtown Palm Harbor
Downtown Tarpon Springs
Tarpon Springs Sponge Docks
25
ST. PETERSBURG TROLLEY AGREEMENTS 26
AGREEMENT
This Agreement made by and between the PINELLAS SUNCOAST TRANSIT
AUTHORITY, an independent special district, (“PSTA”), with its principal place of business located
at 3201 Scherer Drive, St. Petersburg, Florida 33716, and the LOOPER GROUP, INC., (the
“Looper”), with its principal place of business located at 244 2nd Avenue N, Suite 201,
St. Petersburg, Florida 33701, (collectively, the “Parties”) and entered into on this ___ day of
_______________, 2012.
WHEREAS, the Looper has provided transportation services to St. Petersburg; and
WHEREAS, the Looper presently operates a circulator route servicing St. Petersburg; and
WHEREAS, PSTA has provided a grant to the Looper to assist in funding the Looper’s
expansion of service and reduction in fares; and
WHEREAS, PSTA wishes to continue to provide a grant to the Looper to maintain expanded
service and reduced fares.
NOW, THEREFORE, in consideration of the mutual covenants and premises contained
herein and further good and valuable consideration, the receipt and sufficiency of which are hereby
expressly acknowledged by the Parties, it is agreed that:
1.
Recitals. The above recitals are true and correct and incorporated herein.
2.
Contract Term. The initial term of this Agreement shall commence on October 1,
2012, and terminate on September 30, 2013. This Agreement may be renewed for one (1) year
term(s), each a “Renewal Term”, upon mutual written agreement of the Parties.
3.
Grant Funding. PSTA shall provide a grant to the Looper in the total amount of One
Hundred Forty Thousand U.S. Dollars and NO/100 ($140,000.00). This amount will be paid in equal
monthly installments on the fifteenth (15th) day of each month, with the first payment due on
November 15th. All costs charged to the grant, including any approved services contributed by the
Looper or others, shall be supported by properly executed time records, invoices, executed payrolls,
contracts, or vouchers evidencing in proper detail the nature and propriety of the charges
4.
Use of Funds. The Looper shall use the funds provided under this Agreement solely
for the purposes of:
A.
Maintaining the headway on the Looper’s downtown circulator route of
fifteen (15) minutes. The Looper’s existing route(s) and schedule(s) are depicted in the route map(s)
attached hereto as Exhibit A. Presently, the Looper begins operating its trolley route(s) at 10:00
a.m. each day of the week;
B.
Maintaining the fares charged by the Looper on its existing route of $0.50 for
regular riders and $0.25 for elderly and disabled riders and riders with medicare cards.
00173398.DOC
Page 1 of 7
27
5.
Reports. The Looper shall provide written and oral reports to PSTA describing the
allocation of this grant, including but not limited to details showing how PSTA’s funds have been
expended, the receipt and expenditure of all other sources of funds by the Looper, ridership and
other statistics showing the effect of the Looper’s service described in paragraph 4 above, and
financial statements. The Looper reports will include all data and the results of rider surveys
conducted periodically and randomly on the Looper route, which surveys are to be conducted by the
Looper in accordance with federal regulations.
6.
Examination of Records. The Looper shall at any time during normal business hours
and as often as PSTA or its duly authorized representative may deem necessary make available for
examination all Looper records, books, documents, papers, and the data with respect to all matters
covered by this Agreement and shall permit PSTA and/or its designated authorized representatives to
audit and examine all records, books, documents, papers, and data whatsoever, which is related to
this Agreement. All such records, books, documents, papers, data and any such material related to
this Agreement shall be retained for four (4) years from the termination date of this Agreement. All
records, however, that are subject to audit findings shall be retained for four (4) years in the manner
prescribed above or until such audit findings have been resolved, whichever is later. Nothing herein
shall be construed to allow destruction of records that may be required to be retained longer by the
statutes of the State of Florida.
7.
Compliance with Laws. The Looper shall comply with all federal, state, county and
local laws, rules and regulations applicable to PSTA. This includes all applicable regulations of the
Federal Transit Administration and Florida Department of Transportation, including but not limited
to those regulations requiring a System Safety Plan, the drug and alcohol regulations, charter service
regulations, and ADA regulations. The Looper must also comply with all applicable laws regarding
drug-free workplaces. If it is ever determined that this Agreement violates any federal, state, county
or local law, rule or regulation, it shall terminate immediately.
8.
Financial Statements and Reports. The Looper shall deliver audited financial
statements to PSTA within ninety (90) days of its fiscal year end date, March 31st. Within sixty (60)
days of the end of the initial term of this Agreement and any Renewal Term, if any, the Looper shall
deliver to PSTA an audit report in compliance with all required procedures related to the system for
reporting and maintaining data in accordance with the National Transit Database (NTD)
requirements and definitions set forth in 49 CFU Part 630, Federal Register, January 15, 1993, and
as presented in the NTD Reporting Manual. The audit report shall include findings as to the
Looper’s compliance with the terms of this Agreement and all information that is required for PSTA
to prepare PSTA’s annual NTD Report which is submitted to the Federal Transit Administration.
The audit report and audited financial statements shall be prepared by an independent CPA licensed
to practice in the State of Florida.
9.
Routes and Fares. All Looper routes, fares, and scheduled services must be
approved by PSTA. Any substantial changes to the fixed route, fares or scheduled services, or
additions to the fixed routes, fares or scheduled services must first be approved by PSTA. The
Looper shall notify its passengers prior to any substantial route changes and all fare changes. A
substantial route change is any change of service of 25 percent or more of transit route miles of a
00173398.DOC
Page 2 of 7
28
route, or 25 percent or more of the number of transit revenue vehicle miles of a route completed on a
daily basis for the day of the week for which the change is made, or a new transit route is
established. PSTA shall participate in joint marketing efforts with the Looper, provide assistance
with the development of marketing materials and provide assistance with the installation of signage.
10.
Service Changes. In considering a request for approval of a service change under
paragraph 9 above, PSTA will consider such factors as whether the service will affect any existing or
planned service and routes of PSTA, whether the proposed service change will be compatible with
PSTA’s service and routes, whether the proposed service change will deny adequate service to the
Looper service area, whether the Looper has the ability to operate adequately the proposed service
change, and other such relevant factors. In considering a request for a fare change, PSTA will
consider the economic, environmental and social impact of the fare change.
11.
PSTA Regulations. The Looper shall abide by any regulations PSTA may adopt in
the future governing public transit operators in PSTA’s service area.
12.
Assignment. The Looper shall not assign this Agreement except upon written
consent of PSTA, which PSTA may grant or deny in PSTA’s sole discretion.
13.
Indemnification. The Looper shall indemnify, defend, and hold harmless PSTA, its
directors, officers, employees and agents from and against any and all losses, liabilities, damages,
injuries, claims, suits, demands, costs and expenses of every kind and nature, including legal fees
and disbursements and including claims for equitable relief of any kind or nature, arising out of or in
connection with in any way for any act, error, or omission committed during the performance of this
Agreement, including, but not limited to, the Looper’s provision of public transit service, or in any
way arising out of this Agreement. This provision shall include claims made by employees of the
Looper against PSTA and the Looper waives its entitlement to immunity under Chapter 440, Florida
Statutes, with regard to such claims. The provisions of this paragraph shall survive the termination
of this Agreement, however terminated and shall not be limited by the amount of any insurance
required to be obtained or maintained under this Agreement. The Looper also shall require that any
contractor or subcontractor with whom the Looper contracts for the operation of all or part of its
service or for the maintenance of its vehicles execute a hold harmless agreement agreeing to
indemnify PSTA under the same terms as this paragraph 15. Nothing contained herein shall be
construed as a waiver of or limitation of any immunity or defense PSTA may be entitled to under the
doctrine of sovereign immunity or Section 768.28, Florida Statutes.
14.
Liability. PSTA assumes no liability or responsibility for any acts or omissions of
the Looper or of the Looper’s agents, servants, subcontractors, or for any property of contractors, or
employees the Looper, its agents, servants or employees or any other person’s property which is
damaged, lost or stolen.
15.
Insurance. The Looper shall maintain the following insurance coverage during the
term of this Agreement:
Workers’ Compensation
& Employers’ Liability Injury
00173398.DOC
Statutory
Page 3 of 6
29
General Liability
Bodily Injury/Occurrence/Property Damage
$1,000,000/$1,000,000/100,000
Automobile Liability
Combined Single Limit
$1,000,000
The Looper shall provide PSTA with a certificate of insurance evidencing that the
above-described coverage is in effect. The certificate shall provide that PSTA is an additional
insured, that the Looper’s insurance policies are primary to PSTA’s insurance policies and that any
reduction of the policy limits of any said policies or the cancellation of said policies shall not be
effective without first providing PSTA with thirty (30) days’ written notice.
16.
Contact with the Looper. PSTA shall deal directly with the Looper’s Administrator
and has no right to and will not directly control the activities, work and operations of the Looper’s
employees. This includes the method of operating any vehicle. Any rights PSTA may have to
control the Looper’s operations do not alter the responsibility for the safety of the Looper’s
operations for which the Looper is solely responsible.
17.
Termination. If the Looper fails to comply with any provision of this Agreement,
PSTA may terminate this Agreement for default. Termination shall be effected by serving a notice
of termination on the Looper setting forth the manner in which the Looper is in default. PSTA shall,
for breach or default, allow the Looper a minimum of seven (7) days in which to cure any defect,
except if the breach or default arises from the misuse or misapplication of PSTA’s funds, fraud,
misfeasance or intentional breach or default, in which case no opportunity to cure will be provided.
When an opportunity to cure is provided, the notice of termination will state the time period in
which the cure is permitted and other appropriate conditions. If the Looper fails to remedy to
PSTA’s satisfaction the breach or default, within the time period set forth in the notice of
termination by PSTA when an opportunity to cure is provided, PSTA shall have the right to
terminate this Agreement. Any such termination for default shall not in any way operate to preclude
PSTA from also pursuing all available legal remedies against the Looper for said breach or default,
including but not limited to specific performance and the refund of any PSTA funds paid to the
Looper. In the event that PSTA elects to waive its remedies for any breach by the Looper of any
covenant, term or condition of this Agreement, such waiver by PSTA shall not limit PSTA’s
remedies for any succeeding breach of that or of any other term, covenant, or condition of this
Agreement.
18.
Attorneys’ Fees. In the event of legal action or other proceeding arising under this
Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all its
reasonable attorneys’ fees and cost incurred in the prosecution or defense of such action, or in any
post-judgment, or collection proceedings and whether incurred before suit, at the trial level or at the
appellate level, further including any reasonable attorneys’ fees and costs incurred in litigating the
entitlement to attorneys’ fees and costs, as well as in determining the amount of attorneys’ fees and
costs due to the prevailing party. This shall include any bankruptcy proceedings. The reasonable
costs to which the prevailing party will be entitled include costs that are taxable under any applicable
statute, rule, or guideline, as well as costs of investigation, copying costs, electronic discovery costs,
mailing and delivery charges, costs of conducting legal research, consultant and expert witness fees,
00173398.DOC
Page 4 of 6
30
travel expenses, court reporter fees and mediator fees, regardless of whether such costs are taxable
under any applicable statue, rule or guideline.
19.
Appropriation. In the event PSTA’s Board of Directors decides not to appropriate
the necessary funds for this grant during any year of this Agreement, then this Agreement shall
terminate without either party having any further responsibility to the other.
20.
Jurisdiction and Venue. This Agreement shall be governed by, construed and
interpreted in accordance with the laws of the State of Florida. The Parties consent to jurisdiction
over them and agree that venue for any state action shall lie solely in the Sixth Judicial Circuit in and
for Pinellas County, Florida, and for any federal actions shall lie solely in the U.S. District Court,
Middle District of Florida, Tampa Division.
21.
Notices. All notices provided for under this Agreement shall be in writing and shall
be served on the Authorized Representative of the receiving party and deemed to have been duly
given:
a.
on the date of delivery, if delivered personally to the party to whom notice is
given, or if made by telecopy directed to the party to whom notice is to be given at the party's
telecopy number listed below, or
b.
on receipt, if made by telecopy directed to the party to whom notice is to be
given at the party's telecopy number listed below or if mailed to the party to whom notice is to be
given by registered or certified mail, return receipt requested, postage prepaid and properly
addressed as follows:
PSTA:
Brad Miller, Chief Executive Operator
Pinellas Suncoast Transit Authority
3201 Scherer Drive
St. Petersburg, Florida 33716
Telephone: (727) 540-1800
Fax No.: (727) 540-1913
With required copy to:
Alan S. Zimmet, Esq., General Counsel
2570 Coral Landings Blvd., Suite 201
Palm Harbor, Florida 34684
Telephone: (727) 723-3772
Fax No.: (727) 723-1421
Looper:
Karl Johannson, President
Looper Group, Inc.
244 2nd Avenue N, Suite 201
St. Petersburg, Florida 33701
22.
Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto and shall be binding on their legal representatives, successors and assigns. This
Agreement shall not be effective until executed by an authorized representative of PSTA and an
authorized representative of the Looper, and cannot be amended or altered in any way unless such
00173398.DOC
Page 5 of 6
31
amendment be in writing and signed by an authorized representative of PSTA and by an authorized
representative of the Looper. No forbearance to exercise any right or privilege under this Agreement
shall constitute a waiver of any such terms, rights or privileges, but the same shall continue and
remain in full force and effect as if no such forbearance had occurred.
23.
Severability. If any one or more of the provisions of this Agreement shall be held to
be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, that
provision shall be severable and the validity, legality, and enforceability of the remaining provisions
hereof shall not in any way be affected or impaired thereby and this Agreement shall be treated as
though that portion had never been a part thereof.
24.
References. The headings and section references in this Agreement are inserted only
for the purpose of convenience and shall not be construed to expand or limit the provisions
contained in such sections.
25.
No Third Party Beneficiaries. Nothing contained in this Agreement shall be
construed as creating any personal liability on the part of any elected official, officer, employee or
agent of PSTA, nor shall it be construed as giving any rights or benefits to the general public or
other entity other than the Parties.
26.
Authorization. The undersigned represent and warrant that they have full authority
to execute this Agreement on behalf of their respective parties.
IN WITNESS WHEREOF, the Parties have made and executed this Agreement on the
date first written above.
Witness:
Pinellas Suncoast Transit Authority
Print Name:
Brad Miller, Chief Executive Officer
APPROVED AS TO FORM:
Alan S. Zimmet, General Counsel
Witness:
Looper Group, Inc.
Print Name:
Karl Johansson, President
00173398.DOC
Page 6 of 6
ExhibitA
32
33
CENTRAL AVENUE TROLLEY AGREEMENT
THIS AGREEMENT is entered into on this _____ day of _________, 2012, by and
between PINELLAS SUNCOAST TRANSIT AUTHORITY (“PSTA”), an independent special
district, with its principal place of business located at 3201 Scherer Drive, St. Petersburg,
Florida, 33716, and the CITY OF ST. PETERSBURG (the “City”), a Florida municipal
corporation with its principal place of business located at 175 Fifth Street North, St. Petersburg,
FL 33701 (collectively referred to as the “Parties”).
WHEREAS, PSTA and the City desire to provide public transportation in the downtown
area of St. Petersburg, Florida; and
WHEREAS, the Looper Group, Inc. previously provided trolley services from Grand
Central Station to the St. Petersburg Pier; and
WHEREAS, PSTA desires to expand the trolley services on Central Avenue by providing
service between the St. Petersburg Pier and St. Pete Beach (“Central Avenue Trolley”).
NOW, THEREFORE, the Parties, in consideration of the covenants, conditions and
mutual obligations contained herein, the receipt and adequacy of which are hereby
acknowledged, agree as follows:
1. RECITALS. The above recitals are true and correct and incorporated herein.
2. CENTRAL AVENUE TROLLEY. PSTA shall operate the Central Avenue Trolley in
accordance with the expanded route map, which is attached hereto as Exhibit A and
incorporated by reference.
3. REDUCED FARE ZONES. The passenger fares charged for Central Avenue Trolley
routes between Grand Central Station and BayWalk (“Reduced Rate Zone”) shall be
at a reduced rate of Zero U.S. Dollars and 50/100 ($0.50) per passenger, per ride.
PSTA shall not charge passengers any fare for routes between Bay Walk and the St.
Petersburg Pier, including the surface parking lots for the St. Petersburg Pier (“Free
Fare Zone”). Any passengers utilizing daily, monthly, or other pre-paid passes will
not be charged a fare.
4. SUBSIDY. The City shall pay PSTA Zero U.S. Dollars and 50/100 ($0.50) per
passenger, not to exceed an annual maximum of Seventy-five Thousand U.S. Dollars
and NO/100 ($75,000.00), on a monthly basis. The subsidy paid to PSTA of $0.50 is
a match for each passenger boarding in the Free Fare Zone and for cash paying
passengers boarding in the Reduced Fare Zone who does not utilize a pre-paid pass
and who does not ride outside the Reduced Fare Zone which would result in the
passenger paying a full cash fare. PSTA shall submit a monthly invoice to the City
within thirty (30) days after the completion of each calendar month and payment shall
be remitted no later than thirty (30) days after the receipt of each invoice.
00174791.DOCX{00174791.DOCX}
34
5. TERM. This Agreement shall be effective for a one (1) year period commencing
October 1, 2012 and terminating on September 30, 2013. The Parties may only extend
or renew the term of this Agreement by mutual written agreement.
6. TERMINATION.
a. WITHOUT CAUSE. This Agreement may be terminated without cause by
either party by upon ninety (90) days’ written notice of its intent to terminate.
b. WITH CAUSE. In the event the City fails to comply with any provision of
this Agreement, including failure to make timely payment of undisputed
invoices, PSTA may, in its sole discretion, terminate this Agreement upon
thirty (30) days’ written notice to the City.
7. NOTICES.
a. All notices, requests, demands or deliveries, and other communications which
are required or permitted under this Agreement shall be in writing and sent to
the respective addresses below:
If to PSTA:
Chief Executive Officer
Pinellas Suncoast Transit Authority
3201 Scherer Drive
St. Petersburg, Florida 33716
Fax No. 727-540-1913
If to the City:
Director, Transportation & Parking Mgt.
City of St. Petersburg
One 4th Street N.
St. Petersburg, FL 33701
Fax No. 727-551-3326
With required copy to:
Alan S. Zimmet, General Counsel
Zimmet, Unice & Salzman, P.A.
2570 Coral Landings Blvd., Suite 201
Palm Harbor, Florida 34684
b. Either party may change its above contact information by providing written
notice to the other party.
8. HOLD HARMLESS. PSTA and the City agree, to the extent permitted by law, to
indemnify, defend and hold the other harmless for the negligent acts omissions of
their employees and officers and for any violations of federal or state law or
regulation, including but not limited to 42 U.S.C. §1983, Title VII of the Civil Rights
Act of 1964, as amended, the Civil Rights Act of 1991, the Americans with
Disabilities Act, and Chapter 760, Florida Statutes. Nothing contained herein shall be
construed as a waiver of any immunity from or limitation of liability the City or
PSTA may be entitled to under the doctrine of sovereign immunity or Section 768.28,
Florida Statutes. The obligations contained in this Paragraph shall survive the
termination of this Agreement, however terminated.
00174791.DOCX{00174791.DOCX}
35
9. MISCELLANEOUS.
a. Jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The City and PSTA consent
to jurisdiction over them and agree that venue for any state action shall lie
solely in the Sixth Judicial Circuit in and for Pinellas County, Florida, and for
any federal action shall lie solely in the U.S. District Court, Middle District of
Florida, Tampa Division.
b. Entire Agreement. This Agreement, together with any exhibits attached
hereto, constitutes the entire agreement among the Parties and supersedes any
and all prior negotiations, oral agreements or representations made or relating
to the subject matter of this Agreement.
c. Assignment. This Agreement may not be assigned without the prior written
consent of the other party. Such consent shall not be unreasonably withheld or
delayed.
d. Third Party Rights. This Agreement shall not be construed to create any
rights, claims, or benefits to any person other than the Parties hereto.
e. Severability. If any of the provisions of this Agreement are held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, such provisions
shall be deemed separate, severable, and the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected
thereby.
f. Headings and Paragraph References. The headings and paragraph
references in this Agreement are inserted only for the purpose of convenience
and shall not be construed to expand or limit the provisions contained in such
paragraphs.
g. Authorization. Both parties to this Agreement represent and warrant that they
are authorized to enter into this Agreement without the consent and joinder of
any other party and that the individuals executing this Agreement have full
power and authority to bind their respective entities to the terms hereof.
h. Modification. This Agreement may not be amended or altered except by
mutual written agreement of the Parties. No waiver shall be valid unless set
forth in writing and signed by the party waiving its rights, claims, or remedies
available at law. In the event either party elects to waive its remedies for
breach of this Agreement, such a waiver shall not limit that party’s remedies
for any subsequent breach of that or any other term of this Agreement.
i. Non-Appropriation. The obligations of the Parties as to any funding required
pursuant to this Agreement shall be limited to an obligation in any given year
00174791.DOCX{00174791.DOCX}
36
to budget and appropriate from legally available funds, after monies for
essential services have been budgeted and appropriated, sufficient monies for
the funding that is required during that year. Notwithstanding the foregoing, a
party shall not be prohibited from pledging any legally available non-ad
valorem revenues for any obligations heretofore or hereafter incurred, which
pledge shall be prior and superior to any obligation of the party pursuant to
this Agreement.
IN WITNESS WHEREOF, the Parties have hereto made an executed this Agreement on
the date first above written.
Witness:
Pinellas Suncoast Transit Authority
Print Name:
Brad Miller, Chief Executive Officer
Approved as to form:
____________________________________
Alan S. Zimmet, General Counsel
Witness:
City of St. Petersburg, Florida
Print Name:
By:
Print Name: _________________________
As its:______________________________
Approved as to Content and Form
_______________________________
City Attorney (Designee)
By: ________________________
Assistant City Attorney
00174791.DOCX{00174791.DOCX}
Attest: ______________________________
Eva A. Andujar, City Clerk
A
FARE ZONES
St. Petersburg
Pier
FREE FARE ZONE
2 St
C
Williams Park
Downtown
St. Petersburg
Central Ave
4 St
3 St
1 Ave N
2 Ave N
B BayWalk
50¢ FARE
ZONE
Fares on this route depend
upon where you board the
trolley. When traveling
westbound, pay when
you exit based upon the
zone you’re in. When
traveling eastbound, pay
when you board based
upon the zone you’re in.
Seniors and riders with
disabilities may ride for half
fare in the $2 zone ($1)
with valid ID. Youth and
Student reduced fares are
accepted. GO Cards are
accepted for all trips.
31 St S
Timepoint; see
scheduled times.
Board at bus stop
signs located
frequently along
the route.
Landmark
34 St S
Central Ave
66 St
$2 FARE
ZONE
NOTE: Map not to scale
West
Central
Shopping
Center
Pasadena
Shopping
Center
Av
e
$2 FARE ZONE
Cswy
Gulf Blvd
E
Coquina
Way
Gulf
Tradewinds Way
Resorts
F
ST. PETERSBURG PIER
TO ST. PETE BEACH/PASS-A-GRILLE
ST. PETE BEACH/PASS-A-GRILLE TO
ST. PETERSBURG PIER
MONDAY - THURSDAY
A
Depart
The
Pier
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
10:05AM
–
10:30
11:00
11:30
11:45
12:00PM
12:15
12:30
12:45
1:00
–
1:35
–
2:05
2:35
3:05
3:20
3:35
3:50
4:10
4:25
4:40
5:05
–
–
–
–
–
–
–
–
–
–
B
C
C
D
BayWalk
Arrive
Williams
Park
Depart
Williams
Park
Grand
Central
Station
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
10:08
–
10:33
11:03
11:33
11:48
12:03
12:18
12:33
12:48
1:03
–
1:38
–
2:08
2:38
3:08
3:23
3:38
3:53
4:13
4:28
4:43
5:08
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
10:20
–
10:45
11:15
11:45
12:05
12:15
12:30
12:45
1:00
1:15
–
1:50
–
2:20
2:50
3:20
3:35
3:50
4:05
4:25
4:40
4:55
5:20
5:50
6:00
6:20
7:15
7:35
7:50
8:35
9:20
9:45
10:05
–
–
6:20
6:35
6:50
7:05
7:20
7:35
8:00
8:25
8:55
9:25
–
9:55
–
10:25
–
10:55
11:25
11:55
12:15
12:25
12:40
12:55
1:10
1:25
–
2:00
–
2:30
3:00
3:25
3:45
4:00
4:15
4:35
4:50
5:05
5:30
6:00
6:10
6:30
7:25
7:45
8:05
8:45
9:25
9:45
10:10
–
6:10
6:35
6:50
7:05
7:20
7:35
7:50
8:15
8:40
9:10
9:40
–
10:10
–
10:40
–
11:10
11:40
12:10
12:30
12:40
12:55
1:10
1:25
1:40
–
2:15
–
2:45
3:15
3:40
4:00
4:15
4:30
4:50
5:05
5:20
5:45
6:15
6:25
6:45
7:40
8:00
8:20
9:00
9:40
10:00
10:25
E
F
F
E
D
C
Grand
Central
Station
6:30
7:10
7:30
7:50
8:05
8:20
8:35
8:50
9:20
9:45
10:10
10:45
–
11:15
11:30
11:45
–
12:15
12:50
1:20
1:40
1:50
2:10
2:20
2:35
2:50
–
3:25
–
3:55
4:20
4:45
5:10
5:20
5:40
6:00
6:10
6:30
6:55
7:15
7:35
7:55
8:45
9:10
9:25
10:10
10:45
11:05
–
E
75 Ave
75 Ave
9 Ave
9 Ave
&
&
&
&
Gulf Blvd Gulf Way Gulf Way Gulf Blvd
–
6:30
7:00
7:10
7:25
7:40 X
7:55
8:10
8:35 X
9:00 X
9:30 X
10:00
–
10:30 X
–
11:00
–
11:30 X
12:00 X
12:30
12:50
1:00
1:15 X
1:30
1:45
2:00 X
–
2:35
–
3:05 X
3:35
4:00 X
4:20
4:35
4:50 X
5:10
5:25
5:40 X
6:05
6:35
6:45
7:05
8:00
8:20
8:40
9:20
10:05
10:35
11:00
–
6:45
7:15
7:25
7:40
7:55
8:10
8:25
8:50
9:15
9:45
10:15
–
10:45
–
11:15
–
11:45
12:20
12:50
1:10
1:20
1:35
1:50
2:05
2:20
–
2:55
–
3:25
3:55
4:20
4:40
4:55
5:10
5:30
5:45
6:00
6:25
6:50
7:05
7:25
8:15
8:40
9:00
9:40
10:25
10:50
–
–
6:50
7:15
7:30
7:45
8:00
8:15
8:30
9:00
9:25
9:50
10:25
–
11:00
–
11:25
–
11:55
12:30
1:00
1:20
1:30
1:50
2:00
2:15
2:30
–
3:05
–
3:35
4:00
4:25
4:50
5:05
5:20
5:40
5:55
6:10
6:35
7:00
7:15
7:35
8:25
8:50
9:05
9:50
10:25
10:50
–
B
A
Williams
Park
BayWalk
Arrrive
The
Pier
6:55
7:35
7:55
8:15
8:30
8:45
9:00
9:15
9:45
10:10
10:35
11:10
–
11:40
11:55
12:10
–
12:40
1:15
1:45
2:05
2:15
2:35
2:45
3:00
3:15
–
3:50
–
4:20
4:45
5:10
5:35
5:45
6:05
6:25
6:35
6:55
7:20
7:35
8:00
8:20
9:05
9:30
9:45
10:30
11:05
11:25
–
7:10
7:50
8:10
8:30
8:45
9:00
9:15
9:30
10:00
10:25
10:55
11:25
11:40
11:55
12:10
12:25
12:40
12:55
1:30
2:00
2:20
2:30
2:50
3:00
3:15
3:30
3:45
4:05
4:20
4:35
5:00
5:30
5:50
6:00
6:20
6:40
6:50
7:15
7:35
7:50
8:15
8:35
9:20
9:45
10:00
10:45
11:20
–
–
–
–
–
–
–
–
–
–
10:01
10:26
10:56
11:26
11:41
11:56
12:11
12:26
12:41
12:56
1:31
2:01
–
2:31
–
3:01
3:16
3:31
3:46
4:06
4:21
4:36
5:01
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
10:05
10:30
11:00
11:30
11:45
12:00
12:15
12:30
12:45
1:00
1:35
2:05
–
2:35
–
3:05
3:20
3:35
3:50
4:10
4:25
4:40
5:05
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
D
C
B
A
Grand
Central
Station
Williams
Park
BayWalk
Arrrive
The
Pier
6:55
7:35
7:55
8:15
8:30
8:45
9:00
9:15
9:45
10:10
10:35
11:10
–
11:40
11:55
12:10
–
12:40
1:15
1:45
2:05
2:15
2:35
2:45
3:00
3:15
–
3:50
–
4:20
4:45
5:10
5:35
5:45
6:05
6:25
6:35
6:55
7:20
7:35
8:00
8:20
9:05
9:30
9:45
10:30
10:50
11:25
11:35
11:55
–
–
7:10
7:50
8:10
8:30
8:45
9:00
9:15
9:30
10:00
10:25
10:55
11:25
11:40
11:55
12:10
12:25
12:40
12:55
1:30
2:00
2:20
2:30
2:50
3:00
3:15
3:30
3:45
4:05
4:20
4:35
5:00
5:30
5:50
6:00
6:20
6:40
6:50
7:15
7:35
7:50
8:15
8:35
9:20
9:45
10:05
10:45
11:05
11:40
–
–
–
–
–
–
–
–
–
–
–
–
10:01
10:26
10:56
11:26
11:41
11:56
12:11
12:26
12:41
12:56
1:31
2:01
–
2:31
–
3:01
3:16
3:31
3:46
4:06
4:21
4:36
5:01
5:31
–
6:01
–
–
6:51
7:16
–
7:51
8:16
8:36
9:21
9:46
10:06
10:46
11:06
–
–
–
–
–
–
–
–
–
–
–
–
–
10:05
10:30
11:00
11:30
11:45
12:00
12:15
12:30
12:45
1:00
1:35
2:05
–
2:35
–
3:05
3:20
3:35
3:50
4:10
4:25
4:40
5:05
5:35
–
6:05
–
–
6:55
7:20
–
7:55
8:20
8:40
9:25
9:50
10:10
10:50
11:10
–
–
–
–
–
FRIDAY
8 Ave
1 Ave
75 Ave
na
Corey
Palms of
Pasadena
Hospital
de
9 Ave
sa
21 Ave
Pa
NORTH
Denotes Intermittent
Service
Corey Ave
Grand
Central
Station
LEGEND
1 Ave S
D
37
Central Avenue Trolley
A
Depart
The
Pier
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
10:05AM
–
10:30
11:00
11:30
11:45
12:00PM
12:15
12:30
12:45
1:00
–
1:35
–
2:05
2:35
3:05
3:20
3:35
3:50
4:10
4:25
4:40
5:05
5:35
–
6:05
6:55
7:20
7:55
8:20
8:40
9:25
9:50
10:10
10:50
11:10
B
C
C
D
BayWalk
Arrive
Williams
Park
Depart
Williams
Park
Grand
Central
Station
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
10:08
–
10:33
11:03
11:33
11:48
12:03
12:18
12:33
12:48
1:03
–
1:38
–
2:08
2:38
3:08
3:23
3:38
3:53
4:13
4:28
4:43
5:08
5:38
–
6:08
6:58
7:23
7:58
8:23
8:43
9:28
9:53
10:13
10:53
11:13
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
10:20
–
10:45
11:15
11:45
12:05
12:15
12:30
12:45
1:00
1:15
–
1:50
–
2:20
2:50
3:20
3:35
3:50
4:05
4:25
4:40
4:55
5:20
5:50
6:00
6:20
7:10
7:35
8:10
8:35
8:55
9:40
10:05
10:25
11:05
11:25
–
–
6:20
6:35
6:50
7:05
7:20
7:35
8:00
8:25
8:55
9:25
–
9:55
–
10:25
–
10:55
11:25
11:55
12:15
12:25
12:40
12:55
1:10
1:25
–
2:00
–
2:30
3:00
3:25
3:45
4:00
4:15
4:35
4:50
5:05
5:30
6:00
6:10
6:30
7:20
7:45
8:15
8:45
9:05
9:45
10:10
10:30
11:10
11:25
–
6:10
6:35
6:50
7:05
7:20
7:35
7:50
8:15
8:40
9:10
9:40
–
10:10
–
10:40
–
11:10
11:40
12:10
12:30
12:40
12:55
1:10
1:25
1:40
–
2:15
–
2:45
3:15
3:40
4:00
4:15
4:30
4:50
5:05
5:20
5:45
6:15
6:25
6:45
7:35
8:00
8:30
9:00
9:20
10:00
10:25
10:45
11:25
11:40
- Wheelchair Service Provided On All Trips
E
F
F
75 Ave
75 Ave
9 Ave
9 Ave
&
&
&
&
Gulf Blvd Gulf Way Gulf Way Gulf Blvd
–
6:30
7:00
7:10
7:25
7:40 X
7:55
8:10
8:35 X
9:00
9:30 X
10:00
–
10:30 X
–
11:00
–
11:30 X
12:00 X
12:30
12:50
1:00
1:15 X
1:30
1:45
2:00 X
–
2:35
–
3:05 X
3:35
4:00 X
4:20
4:35
4:50 X
5:10
5:25
5:40 X
6:05
6:35
6:45
7:05
7:55
8:20
8:50
9:20
9:40
10:25
10:45
11:05
–
–
–
6:45
7:15
7:25
7:40
7:55
8:10
8:25
8:50
9:15
9:45
10:15
–
10:45
–
11:15
–
11:45
12:20
12:50
1:10
1:20
1:35
1:50
2:05
2:20
–
2:55
–
3:25
3:55
4:20
4:40
4:55
5:10
5:30
5:45
6:00
6:25
6:50
7:05
7:25
8:15
8:40
9:10
9:40
10:00
10:45
11:00
11:20
–
–
–
6:50
7:15
7:30
7:45
8:00
8:15
8:30
9:00
9:25
9:50
10:25
–
10:55
–
11:25
–
11:55
12:30
1:00
1:20
1:30
1:50
2:00
2:15
2:30
–
3:05
–
3:35
4:00
4:25
4:50
5:05
5:20
5:40
5:55
6:10
6:35
7:00
7:15
7:35
8:25
8:50
9:10
9:50
10:10
10:45
11:00
11:20
–
–
6:30
7:10
7:30
7:50
8:05
8:20
8:35
8:50
9:20
9:45
10:10
10:45
–
11:15
11:30
11:45
–
12:15
12:50
1:20
1:40
1:50
2:10
2:20
2:35
2:50
–
3:25
–
3:55
4:20
4:45
5:10
5:20
5:40
6:00
6:10
6:30
6:55
7:15
7:35
7:55
8:45
9:10
9:25
10:10
10:30
11:05
11:15
11:35
–
–
Effective 6-3-12
X - These trips serve 1 Ave
TIMES SHOWN ARE SCHEDULED BUT MAY VARY DUE TO TRAFFIC CONDITIONS, WEATHER OR UNFORESEEN EVENTS.
38
Central Avenue Trolley
ST. PETERSBURG PIER
TO ST. PETE BEACH/PASS-A-GRILLE
ST. PETE BEACH/PASS-A-GRILLE TO
ST. PETERSBURG PIER
SATURDAY
A
Depart
The
Pier
–
–
–
–
–
–
–
–
–
–
10:05 AM
10:30
11:00
11:30
12:00 PM
12:35
1:00
1:35
2:05
2:35
3:10
3:35
4:10
4:40
5:05
5:35
–
6:05
6:45
7:20
7:55
8:20
8:40
9:15
9:50
10:10
10:50
11:10
B
C
C
D
E
BayWalk
Arrive
Williams
Park
Depart
Williams
Park
Grand
Central
Station
–
–
–
–
–
–
–
–
–
–
10:08
10:33
11:03
11:33
12:03
12:38
1:03
1:38
2:08
2:38
3:13
3:38
4:13
4:43
5:08
5:38
–
6:08
6:48
7:23
7:58
8:23
8:43
9:18
9:53
10:13
10:53
11:13
–
–
–
–
–
–
–
–
–
–
10:20
10:45
11:15
11:45
12:15
12:50
1:15
1:50
2:20
2:50
3:25
3:50
4:25
4:55
5:20
5:50
6:00
6:20
7:00
7:35
8:10
8:35
8:55
9:30
10:05
10:25
11:05
11:25
–
–
6:20
6:50
7:20
8:00
8:25
8:55
9:25
9:55
10:25
10:55
11:25
11:55
12:25
1:00
1:25
2:00
2:30
3:00
3:30
4:00
4:35
5:05
5:30
6:00
6:10
6:30
7:10
7:45
8:15
8:45
9:05
9:35
10:10
10:30
11:10
11:25
–
6:10
6:35
7:05
7:35
8:15
8:40
9:10
9:40
10:10
10:40
11:10
11:40
12:10
12:40
1:15
1:40
2:15
2:45
3:15
3:45
4:15
4:50
5:20
5:45
6:15
6:25
6:45
7:25
8:00
8:30
9:00
9:20
9:50
10:25
10:45
11:25
11:40
F
F
E
75 Ave
75 Ave
9 Ave
9 Ave
&
&
&
&
Gulf Blvd Gulf Way Gulf Way Gulf Blvd
–
6:30
7:00
7:25
7:55
8:35
9:00
9:30
10:00
10:30
11:00
11:30
12:00
12:30
1:00
1:35
2:00
2:35
3:05
3:35
4:05
4:35
5:10
5:40
6:05
6:35
6:45
7:05
7:45
8:20
8:50
9:20
9:40
10:15
10:45
11:05
–
–
X
X
X
X
X
X
X
X
X
X
X
X
–
6:45
7:15
7:40
8:10
8:50
9:15
9:45
10:15
10:50
11:15
11:45
12:20
12:50
1:20
1:55
2:20
2:55
3:25
3:55
4:25
4:55
5:30
6:00
6:25
6:50
7:05
7:25
8:05
8:40
9:05
9:40
10:00
10:35
11:00
11:20
–
–
–
6:50
7:15
7:45
8:15
9:00
9:25
9:50
10:25
10:55
11:25
11:55
12:30
1:00
1:30
2:05
2:30
3:05
3:35
4:00
4:30
5:05
5:40
6:10
6:35
7:00
7:15
7:35
8:15
8:50
9:10
9:50
10:10
10:35
11:00
11:20
–
–
6:30
7:10
7:30
8:05
8:35
9:20
9:45
10:10
10:45
11:10
11:45
12:15
12:50
1:20
1:50
2:25
2:50
3:25
3:55
4:20
4:50
5:20
6:00
6:30
6:55
7:15
7:35
7:55
8:35
9:10
9:25
10:10
10:30
10:55
11:15
11:35
–
–
D
C
B
A
Grand
Central
Station
Williams
Park
BayWalk
Arrrive
The
Pier
6:55
7:35
7:55
8:30
9:00
9:45
10:10
10:35
11:10
11:35
12:10
12:40
1:15
1:45
2:15
2:50
3:15
3:50
4:20
4:45
5:15
5:45
6:25
6:55
7:20
7:35
8:00
8:20
8:55
9:30
9:45
10:30
10:50
11:15
11:35
11:55
–
–
7:10
7:50
8:10
8:45
9:15
10:00
10:25
10:55
11:25
11:55
12:30
12:55
1:30
2:00
2:30
3:05
3:30
4:05
4:35
5:00
5:30
6:00
6:40
7:15
7:35
7:50
8:15
8:35
9:10
9:45
10:05
10:45
11:05
11:30
–
–
–
–
–
–
–
–
–
10:01
10:26
10:56
11:26
11:56
12:31
12:56
1:31
2:01
2:31
3:06
3:31
4:06
4:36
5:01
5:31
6:01
6:41
7:16
–
7:51
8:16
8:36
9:11
9:46
10:06
10:46
11:06
–
–
–
–
–
–
–
–
–
–
10:05
10:30
11:00
11:30
12:00
12:35
1:00
1:35
2:05
2:35
3:10
3:35
4:10
4:40
5:05
5:35
6:05
6:45
7:20
–
7:55
8:20
8:40
9:15
9:50
10:10
10:50
11:10
–
–
–
–
–
D
C
B
A
Grand
Central
Station
Williams
Park
BayWalk
Arrrive
The
Pier
7:35
7:55
8:30
9:00
9:45
10:10
10:35
11:10
11:35
12:10
12:40
1:15
1:45
2:15
2:50
3:15
3:50
4:20
4:45
5:15
5:45
6:25
6:55
7:20
8:00
8:40
9:10
9:30
9:55
10:40
11:10
11:25
–
7:50
8:10
8:45
9:15
10:00
10:25
10:55
11:25
11:55
12:30
12:55
1:30
2:00
2:30
3:05
3:30
4:05
4:35
5:00
5:30
6:00
6:40
7:15
7:35
8:15
8:55
9:25
9:45
10:10
10:55
11:25
11:40
–
–
–
–
–
10:01
10:26
10:56
11:26
11:56
12:31
12:56
1:31
2:01
2:31
3:06
3:31
4:06
4:36
5:01
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
10:05
10:30
11:00
11:30
12:00
12:35
1:00
1:35
2:05
2:35
3:10
3:35
4:10
4:40
5:05
–
–
–
–
–
–
–
–
–
–
–
–
–
–
SUNDAY & HOLIDAYS
A
Depart
The
Pier
–
–
–
–
–
–
–
–
–
10:05 AM
10:30
11:00
11:30
12:00 PM
12:35
1:00
1:35
2:05
2:35
3:10
3:35
4:10
4:40
5:05
–
–
–
–
–
–
–
–
–
B
C
C
D
BayWalk
Arrive
Williams
Park
Depart
Williams
Park
Grand
Central
Station
–
–
–
–
–
–
–
–
–
10:08
10:33
11:03
11:33
12:03
12:38
1:03
1:38
2:08
2:38
3:13
3:38
4:13
4:43
5:08
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
10:20
10:45
11:15
11:45
12:15
12:50
1:15
1:50
2:20
2:50
3:25
3:50
4:25
4:55
5:20
6:00
6:40
7:15
7:35
8:15
8:55
9:25
9:45
10:10
–
6:20
6:50
7:20
8:00
8:25
8:55
9:25
9:55
10:25
10:55
11:25
11:55
12:25
1:00
1:25
2:00
2:30
3:00
3:30
4:00
4:35
5:05
5:30
6:10
6:50
7:25
7:45
8:25
9:05
9:35
9:50
10:15
6:10
6:35
7:05
7:35
8:15
8:40
9:10
9:40
10:10
10:40
11:10
11:40
12:10
12:40
1:15
1:40
2:15
2:45
3:15
3:45
4:15
4:50
5:20
5:45
6:25
7:05
7:40
8:00
8:40
9:20
9:50
10:05
10:25
- Wheelchair Service Provided On All Trips
E
F
F
E
75 Ave
75 Ave
9 Ave
9 Ave
&
&
&
&
Gulf Blvd Gulf Way Gulf Way Gulf Blvd
6:30
7:00
7:25
7:55
8:35
9:00
9:30
10:00
10:30
11:00
11:30
12:00
12:30
1:00
1:35
2:00
2:35
3:05
3:35
4:05
4:35
5:10
5:40
6:05
6:45
7:25
8:00
8:20
9:00
9:40
10:10
10:30
10:45
X
X
X
X
X
X
X
X
X
X
X
6:45
7:15
7:40
8:10
8:50
9:15
9:45
10:15
10:50
11:15
11:45
12:20
12:50
1:20
1:55
2:20
2:55
3:25
3:55
4:25
4:55
5:30
6:00
6:25
7:05
7:45
8:20
8:40
9:15
10:00
10:30
10:50
–
6:50
7:15
7:45
8:15
9:00
9:25
9:50
10:25
10:55
11:25
11:55
12:30
1:00
1:30
2:05
2:30
3:05
3:35
4:00
4:30
5:05
5:40
6:10
6:35
7:15
7:55
8:30
8:50
9:20
10:05
10:35
10:50
–
7:10
7:30
8:05
8:35
9:20
9:45
10:10
10:45
11:10
11:45
12:15
12:50
1:20
1:50
2:25
2:50
3:25
3:55
4:20
4:50
5:20
6:00
6:30
6:55
7:35
8:15
8:50
9:10
9:35
10:20
10:50
11:05
–
Effective 6-3-12
X - These trips serve 1 Ave
TIMES SHOWN ARE SCHEDULED BUT MAY VARY DUE TO TRAFFIC CONDITIONS, WEATHER OR UNFORESEEN EVENTS.
39
CEO’S PERFORMANCE EVALUATION FORM 40
Performance Review
PSTA Chief Executive Officer
August 2012
Pinellas Suncoast Transit Authority
Instructions: Please take a few minutes to fill out Section 3 Feedback Questionnaire and
review the suggested accomplishments for this past year and the recommended goals and
objectives for the coming year. Your candid input would be extremely helpful to me as I work
to expand and develop a new approach at PSTA.
Thank you!
1
41
1. Major Achievements/Initiatives
Ridership – Highest in PSTA History
Labor Relations – Despite challenges along the
way, successfully completed all 5 of the 2011initiated arbitrations related to terminated union
employees. Created regular communication
process with input from both unions on Health
Insurance and other matters.
New Services – Launched new Central Avenue
Trolley and Clearwater Marine Aquarium
services, both through innovated partnerships
with record-breaking success.
Budget Planning – Developed First Multi-Year
Budget Plan. Established internal monthly
budget performance tracking identifying savings
to balance 4th future year.
Board Governance – Worked to improve Board’s
efficiency with creation of new, more flexible
agendas and organized committee work with
expanded board representation.
Long Range Planning – Managed Alternative
Analysis project to conclusion. Identified and
began implementing collaborative “next steps:”
- messaging/branding
- bus study
- LRTP Land Use Planning
All to advance and improve plans through
significant analysis and public input.
Improved coordination of County’s Human
Service Transportation with the takeover of CTC
responsibilities by PSTA.
Capital Improvement Program – Adopted first 5Year fiscally-constrained Capital Improvement
Program. Established internal capital program
management procedures to track performance.
Lobbying – Acquired nearly $8.0M in
DART & Concrete Replacement Procurement –
Successfully managed two complex and
important procurements:
- Restructured DART Procurement to increase
competition resulting in more than $500K in
savings.
- Re-issued Concrete procurement to be a “LowBid” procurement and successfully negotiated
bidders’ insurance certification irregularities.
Outreach – Made over 15 presentations to
business, community, and public organizations.
Initiated major public outreach effort to help
with new service planning of North County Flex
Routes instead of traditional consultant-led
planning. Identified solution to Pinellas Park
Restroom issue through personal outreach and
analysis. Appointed to board positions with
IPTA, APTA, and National Academies’
Transportation Research Board.
discretionary grant funding from federal and state
programs. Hired state lobbyist for PSTA and
worked with Legislative Committee to get all of
PSTA’s requests considered and most included
in the HART-PSTA Consolidation legislation.
2
42
2. Major Challenges - Opportunities
1. Budget Pressures – Continue to develop innovative ideas on minimizing impacts of fuel, health
insurance while maintaining a multi-year perspective.
2. Public Awareness – Create new innovative ways for all members of the public to get engaged,
respond to Board Member input. Continue to work to engage the community in a thoughtful
dialogue on what benefits might be possible with improved public transit.
3. Unmet Demand – Challenge to respond to historic ridership, demand for new services without
new buses or significant cost increases.
4. Board Turnover – With 1/3 of PSTA Board Members changing in my first year, new officials on
MPO, PPC and elsewhere, it will be critical to create mechanisms to allow these new members
to get creatively engaged in PSTA activities.
5. Staff Turnover – The challenge to replace more than half of top management, losing nearly 75
years of experience is an opportunity for me to develop a new responsive organizational team
to help me lead PSTA.
6. HART/PSTA Consolidation – It will be both a great opportunity for PSTA to identify better ways
to coordinate, save resources, and provide more regional connections while also being a
challenge to manage expectations and concerns employees and board members have in the
outcome.
3
43
3. Feedback Questionnaire
Please take a few minutes to provide a numerical score in the following 10
general performance areas. You may also provide narrative comments as
needed.
A narrative providing some further explanation of each performance area is
provided to help guide you in developing your overall score.
Your numerical score for each of the 10 evaluation categories will be averaged
with the other Board Members’ Evaluation for a composite score in each area.
4
44
1. Organizational Leadership
Does the CEO demonstrate the ability to provide organizational leadership in ways such as by
defining appropriate corporate values, implementing methods to hold the organization accountable,
achieve goals, solve problems, etc.? Does the CEO facilitate organizational change, work to increase
productivity and improved performance while recommending modifications in service or programs
in response to environmental changes?
Score (1-5)
Please provide an overall numerical rating for this
category on a scale of 1 (worse) to 5 (best). If you wish,
feel free to write any comments in the space below.
Comments:
2. Future Opportunities & Investments
Does the CEO demonstrate the ability to identify future opportunities in ways such as by anticipating
issues and problems, looking for opportunities to invest in PSTA’s future, coordinating resources and
identifying potential partners? Does he appear to stay aware of national trends and identifying their
relevance to PSTA while identifying opportunities to create an innovative and sustainable agency for
the long-term?
Score (1-5)
Please provide an overall numerical rating for this
category on a scale of 1 (worse) to 5 (best). If you wish,
feel free to write any comments in the space below.
Comments:
5
45
3. Policy Development & Strategy
Does the CEO demonstrate the ability to identify potential areas needing policy or policy direction?
Does he demonstrate an ability to develop and present objective policy options for PSTA Board
consideration through the presentation of clear, concise reports and presentations? Does he appear
to be aware of “best practices” used by other cities/systems and how they might apply to PSTA?
Does he show the ability to present strategies on how the PSTA staff and Board Members may
address issues?
Please provide an overall numerical rating for this
category on a scale of 1 (worse) to 5 (best). If you wish,
feel free to write any comments in the space below.
Score (1-5)
Comments:
4. Policy Implementation
Does the CEO demonstrate the ability to understand the PSTA Chair and Board Members’ direction,
desired outcomes, and intentions? Does he provide sufficient updates to the Board Members on
actions taken, current status, future challenges, etc.? Does he appear to provide clean direction to
the PSTA organization on policy decisions and intentions while providing mechanisms for monitoring
performance and receiving feedback?
Score (1-5)
Please provide an overall numerical rating for this
category on a scale of 1 (worse) to 5 (best). If you wish,
feel free to write any comments in the space below.
Comments:
6
46
5. Working Relationship with the PSTA Board
(As a Governing Body)
Does the CEO demonstrate the ability to have a good working relationship with the PSTA Board
through ways such as by treating the entire PSTA Board in a fair and equitable manner, helping
the Board make decisions based upon “best” available data and providing timely follow-up
communications? Does he appear to establish relationships based upon mutual trust and
respect?
Score (1-5)
Please provide an overall numerical rating for this
category on a scale of 1 (worse) to 5 (best). If you wish,
feel free to write any comments in the space below.
Comments:
6. Working Relationship with Individual PSTA
Board Members
Does the CEO show the ability to work with individual Board Members to define problems,
establish action plans, and respond to specific member requests and/or citizen/customer
service issues brought forth by members? Does he listen to feedback and criticism and takes
appropriate action? Does he keep individual PSTA Board members informed on key issues?
Please provide an overall numerical rating for this
category on a scale of 1 (worse) to 5 (best). If you wish,
feel free to write any comments in the space below.
Comments:
7
Score (1-5)
47
7. Financial Resource Management
Does the CEO demonstrate the ability to develop a financially-responsible budget, identify
opportunities to reduce service costs while improving transit service, and analyze the financial
impacts of recommendations and decisions? Does he seem to instill an organizational value of
continuous improvement and prudent financial management? Does he explore methods for
adequately funding PSTA and for expanding PSTA resources through partnering with others?
Please provide an overall numerical rating for this
category on a scale of 1 (worse) to 5 (best). If you wish,
feel free to write any comments in the space below.
Score (1-5)
Comments:
8. Human Resource Management
Does the CEO appear to work to make PSTA a preferred employer that recruits and retains a skilled
competent staff? Does he demonstrate the ability to encourage the PSTA staff to think creatively
and to take innovative action? Does he develop the capacity of the organization through
professional development and training? Does the CEO demonstrate that he can develop a
professionally-competent workforce that is motivated to serve the community and PSTA’s
customers?
Please provide an overall numerical rating for this
category on a scale of 1 (worse) to 5 (best). If you wish,
feel free to write any comments in the space below.
Comments:
8
Score (1-5)
48
9. Community Leadership & Relations
Does the CEO maintain visibility in the community by attending meetings and participating in
events? Does he show an ability to develop effective relations with key business and
community leaders, listen to citizen, customer, and community concerns, needs, and issues?
Is he viewed as an effective advocate for improving and expanding public transportation in
Pinellas County?
Please provide an overall numerical rating for this
category on a scale of 1 (worse) to 5 (best). If you wish,
feel free to write any comments in the space below.
Score (1-5)
Comments:
10.
Project Management
Does the CEO show the ability to execute complex projects within approved project budgets, on
schedule, and in accordance with quality plans? Does he work to coordinate project
interrelationships to ensure sequencing and cost effectiveness? Does he develop and monitor
project or contract performance standards and make sound recommendations within the
framework of PSTA policies and goals? Does he always demonstrate the highest ethical standards?
Score (1-5)
Please provide an overall numerical rating for this
category on a scale of 1 (worse) to 5 (best). If you wish,
feel free to write any comments in the space below.
Comments:
9
49
3.
Suggested DRAFT Goals for July 2012 – June 2013
Recommendation that the PSTA Finance & Performance Management Committee Ratify
Goals Once Overall Performance Management Goals for PSTA are Established Later this
Year.
1.
PSTA Organization
• Continue to develop and improve “culture” of PSTA organization to
establish PSTA as a progressive, innovative organization, always responsible
to the community it serves, that is able to implement the necessary
changes identified by the PSTA Board’s Improvement Goals.
• Identify Agency Performance Management Goals
• Add key leaders, responsive to the organization to the management team.
• Ensure that State Legislative Officials consider PSTA’s positions on the
HART/PSTA Consolidation Study
2.
Strategic Planning
Lead the PSTA Board through a deliberative process that includes:
• Bus Study - Completing and Adopting the PSTA 2040 Bus Transit Plan
• Messaging Study - Making a Determination on the Date for Seeking a Public
Referendum on a 1% Sales Tax following the approval of a coordinated
Messaging/Branding Plan for articulating the value of transportation
investment.
• LRTP Assistance - Advance land-use planning that is coordinated with
transportation planning in coordination with the MPO and PPC.
• Outreach – Expand collaboration role with local municipalities, community
and business groups as well as at the state and federal level.
3.
Short Term Goals
• Implement 3 North County Flex Routes
• Complete Construction of a Pinellas Park Bus Terminal
• Continue Collaborative Labor Negotiations
4.
Funding
• Continue to manage PSTA’s operating and capital program budgets within
multi-year planning horizons.
• Actively pursue increased state, federal, and long-term sustainable local
funding levels.
10
50
4. Compensation (CEO’s Recommendation)
Wage
Life Insurance
Car
Severance Pay
Vacation
Deferred
Compensation
Current
$170,000
$500K Term Life
$0
3 net months
4 weeks
FRS + 1 for 1 Match
to 457 Plan
11
Proposed FY13
$170,000
Same
$0
3 net months
4 weeks
Same
Change
$0
None
$0
None
None
None