FUNDING AGREEMENT FOR NEW CLEARWATER BEACH MARINA STOPFUNDING AGREEMENT FOR NEW CLEARWATER BEACH MARINA STOP
THIS FUNDING AGREEMENT (-Agreement") is entered into on this I 2,4i -day of
Marc,it. , 2019, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an
independent special district ("PSTA."), with its principal place of business located at 3201
Scherer Drive North, St. Petersburg. FL 33716, and the CITY OF CLEARWATER, FLORIDA,
a municipal corporation of the State of Florida with its principal place of business located at 112
South Osceola Avenue, Clearwater, Florida 33756 the "City of Clearwater") (collectively
referred to as the "Parties").
WHEREAS, the Spring Break seasonal enhanced service promotion began as a
partnership between PSTA and the City in 2017;
WHEREAS, both parties agree that the :Spring Break seasonal pilot in 2017 was a
valuable method that encouraged residents, visitors and employees to use alternative
transportation options to access all that Clearwater Beach has to offer and the Parties executed
another successful service partnership in 2018 and 2019;
WHEREAS, in addition to the. services•prOvided as part of the Spring 'Break enhanced
service, PSTA and its. contractors regularly operate fixed route service. from .downtown
Clearwater and beach cominimities along Gulf Boulevard;
WHEREAS, both the City of Clearwater and PSTA. understand the significant auto
congestion on Clearwater Beach and need for expanded alternative ways for residents, visitors,:
and employeesio acee.ss the beach;
WHEREAS, the Parties desire to provide enhanced dorthectiOnS to the beach that include
better transit and pe.destrian connectionsto the Clearwater Beach :Marina. as a compleinent to the
Clearwater Beach Transit Center on the north side of Causeway .Boulevard built in 2018 as a
partnership between the City of Clearwaterand PSTA; and
WHEREAS, the Parties desire to enter into this agreement to .prOyide for the
construction .of a new bus and trolley..stop.- at the. Clearwater .1vIarina.designed to serve all beach
routes operated by PSTA and/or its contractors.
NOW, THtREFORE, the Parties for and in receipt of the mutual promises and
consideration described herein, hereby mutually agree that:
1. RECITALS. The above :recitals are true and correct and, together With all
exhibits; are incorporated herein by reference.
2. MARINA STop CONSTRUCTION. City of Clearwater shall be responsible for
the, construction of a new bus and trolley stop at the Clearwater Marina pursuant
to the design and speCifications attached as EXHIBIT 1 (the "New Clearwater
Marina Stop"). Construction shall be fully and finally completed no later than
February 22, 2019. Use of the Nev Clearwater Marina Stop by PSTA and its
contractors and :patrons shall be permitted through a separate agreement in the
form attached as EXHIBIT 2. City of Clearwater shall be solely responsible for
Page 1 of 4
and in control of the construction of the New Clearwater.Matina Stop, including
but not limited to procurementand.selection of a .general contractor and engineer.
Notwithstanding the requirement for PSTA to approve the. final construction of
the New Clearwater Marina Stop asa condition precedent to its. funding
obligation in .paragraph 3. .below, PSTA shall have no authorityto control the.
means and methods of eOnstruction.
3.. PSTA CONTRIBUTION TOWARD CONSTRUCTION COSTS. PSTA agrees to
provide. funds toward the construction. of the. New Clearwater. Marina Stop as
provided in paragraph 2 above to the City of Clearwater in an.santotint not to
exceed Twenty-three Thousand One Hundred Forty Three U.S.- Dollars and.
NO/100 ($23,143.0.0) and as detailed in EXHIBIT 3. In the event. the costs to
construct the New Clearwater Marina Stop exteed the amount Of PSTA's funding
contribution under this.paragraph, all such costs shall be solely the responsibility
of the City of Clearwater PSTA's funding contribution under this paragraph shall
be due and payable to the City of Clearwater upon the full and final completion of
construction Of the New Clearwater Marina Stop and approval by PSTA. PSTA's
approval of the final construction shall. be in writing executed by its .Chief
Executive Officer and shall be a condition precedent to. PSTA' s obligation to
makeanypayiiient under this Agreement.
4. MARINA STATION.AMENITIES AND MAINTENANCE. Alter the completion
of the construction and .acceptance of the New Clearwater Marina Stop, PSTA will
install two standard.. agency .shelters and two trashTeeeptaCles, consistent with the
installations. provided at the transit stop on the north side of the Memorial
Causeway. PSTA will maintain the shelters and: trash 'receptacles in aceordance.
With its: standard practices and procedures. for as long as the. New Clearwater
Marina Stop is used. by PSTA or its . contractors. PSTA will service the .New
Clearwater Marina Stop once. weekly. City of Clearwater shall 'provide additional
servicing if required.beyond PSTA's weekly commitment.
5. FORCE MAJEURE OR DELAY. Neitherparty shall be liable for any non-.
perfOrinance. :or delayed performance under this. Agreement if caused by Force
.Majeure.. Force.. Majeure. shall be . defined as a fire, flood, act. o.f God, war.
terroriSni, riot, national emergency, sabotage, civil disturbance, strike, labor
dispute, or events which are not the. fault or are beyond the control a the party.
PSTA shall not be liable. to the City of Clearwater for any delays. in completing
the..amenities set forth in -paragraph 4 above; including but not limited -to delays in
connection with PSTAAcontractor(s), manufacturer(s), supplier(s) or agents
thereof.
6. EFFECTIVE DATE. This Agreement shall take effect on the first date above
written and shall continue in full force and effect for five (5) years from the date
the New Clearwater Marina Stop is constructed and approved by PSTA, unless
terminated sooner pursuant to its terms.
7.. REPRESENTAT1ONS AND WARRANTIES. The Patties represent and warrant
that they are authorized to enter into this Agreement. without the consent orjoinder
Page 2 of 4
of any other person or entity and that the individuals executing this Agreement
have full power and authority to bind their respective parties hereto. Nothing
contained herein shall be construed to limit or waive any of PSTA's rights under
any other contract or agreement, including any contracts to provide service to the
New Clearwater Marina Stop.
8. INDEMNIFICATION. Each party agrees to be fully responsible for its own acts
of negligence or its respective employees' acts of negligence when such
employees are acting within the scope of their employment, and each party agrees
to be liable for any damages proximately caused thereby consistent with and
pursuant to section 768.29(19), Florida Statutes; provided, however, that each
party's liability is subject to the monetary limitations and defenses set forth in
Florida Statutes 768.28. Nothing herein is intended to serve or be construed as a
waiver of sovereign immunity or any other immunity from or limitation of
liability to which either party is entitled, nor shall anything herein be construed as
consent by either party to be sued by any third party for any cause or matter
arising out of or related to this Agreement except to the extent provided by Florida
Statute 768.28.
IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed as
of the date first above written.
ATTEST: PINELLAS SUNCOAST TR1&NSIT AUTHORITY
By:
Rachael Cappolla
Chief Executive Assistant
rad Miller, Chief Executive Officer
Approved as to Form:
Page 3 of 4
Attest;
r-
0
Rosemarie Call, MP
City Clerk
CITY QF CLEARWATER', FLORIDA
William B. Horne II, City Manager
Approved as.to FOrin:
Michael P. Fuino
Assistant City Attorney
Page.4 of 4