SUBJECT/RECOMMENDATION:
Title
Authorize respective Agreements between the City of Clearwater and the Palm Pavilion Hotel located at 10 Bay Esplanade, Pier 60 Concessions and Barefoot Beach House located at 1 Causeway Boulevard and 332 South Gulfview Boulevard, respectively, Shephards - Makin Waves located at 619 South Gulfview Boulevard, Hilton located at 400 Mandalay Avenue, Dolphin Sands located at 655 South Gulfview Boulevard and Hampton Inn and Suites located at 635 South Gulfview Boulevard, authorizing the limited use of certain vehicles on public beaches by permit pursuant to recent amendments to F.S. 161.58; and authorize the appropriate officials to execute same. (consent)
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SUMMARY:
F.S. 161.58 was amended to allow for the operation of certain private sector off-highway vehicles as defined pursuant to F.S. 317.0003 for the setup and retrieval of rental equipment. The proposed Agreements will establish an ongoing agreement between the City and the noted businesses, allowing them to utilize certain off-highway vehicles as defined in F.S. 317.0003 to collect, maintain, or distribute rental equipment on the beach. A permit will be required to be applied for and then renewed annually on or by September 30 in conjunction with the renewal of the related business’s Business Tax Receipt (BTR).
The Agreement authorizes the Contractor to operate off-highway vehicles, as defined under F.S. 317.0003, solely for the purpose of removing, maintaining, or distributing rental equipment owned by or rented from the Contractor or its agents. Operations are limited to the hours between sunrise and sunset. Prior to commencing any operations, the Contractor must submit a detailed route map to the City for review and approval. The City retains sole discretion to approve, modify, or deny the proposed route. A copy of the approved route map must be kept in the vehicle at all times and produced upon request by any City staff or law enforcement officer.
The permit process will be administered by the Parks and Recreation Department. Prior to the issuance of any permit, the Contractor must provide the City with the following: vehicle details including make, model, year, and VIN; proof of insurance meeting the requirements outlined in Addendum A of the Agreement; and an executed Agreement along with payment of the required fees. Upon receipt of all required documentation and fees, a permit sticker will be issued and must be affixed in a clearly visible location on the back of the authorized vehicle at all times during operation.
Enforcement of the permit conditions and any violations will be handled by the Police Department. The Contractor is required to comply with all applicable federal, state, and local laws and regulations, including F.S. 161.58. Any vehicle found operating without a valid, displayed permit sticker or outside the terms of the Agreement may be subject to enforcement action.
It should be noted that at a later time a similar agenda item will address agreements between the city and other businesses that are not included in this agenda item.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
Approval of the proposed Agreements support several Strategic Plan Objectives, including:
• 1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts.
• 1.3: Adopt responsive levels of service for public facilities and amenities, and identify resources required to sustain that level of service.
• 2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events.
