RENEWED AND RESTATED CLEARWATER BEACH ROUTE FUNDING AGREEMENTRENEWED AND RESTATED
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
THIS RENEWED AND RESTATED CLEARWATER BEACH ROUTE FUNDING
AGREEMENT (Agreement) is entered into effective October 1, 2019, by and between the
PINELLAS SUNCOAST TRANSIT AUTHORITY,an independent special district, with its
principal place of business located at 3201 Scherer Drive, St. Petersburg, FL 33716 (PSTA), and
the CITY OF CLEARWATER, FLORIDA, a municipal corporation, with its principal place of
business located at 600 Cleveland Street, Clearwater, Florida 33756 (C,ity of
Clearwater)(collectively, the "Parties") to reinstate, renew, and amend that certain Clearwater
Beach Route Funding Agreement originally entered into by the Parties on September 20, 2016, as
amended and renewed by that certain First Amendment effective October 1, 2017 and the Second
Amendment effective October 1, 2018 (the Original Agreement). A copy of the Original
Agreement is attached to this Agreement as Exhibit "A".
WHEREAS, pursuant to the Original Agreement, City of Clearwater has been contributing
funding to PSTA to supplement fixed route trolley services along the Clearwater Beach Route;
and
WHEREAS, PSTA provides such service by and through its current contract with Jolley
Trolley Transportation of Clearwater, Inc., (Jolley Trolley) effective October 1, 2017 through
September 30, 2022, as may be amended from time to time (the Jolley Trolley Agreement); and
WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding
contributions to Jolley Trolley in exchange for fixed route trolley services along the Clearwater
Beach Route; and
WHEREAS, PSTA would not have entered into the Jolley Trolley Agreement without the
shared contribution of the City of Clearwater, as contemplated in the Original Agreement and this
Agreement; and
WHEREAS, the Parties desire to continue the Original Agreement on the terms and
conditions stated herein.
NOW THEREFORE, in exchange for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
1. RECITALS. The above recitals are true and correct and incorporated herein by
reference.
2. BASE SERVICE COSTS. City of Clearwater shall contribute toward PSTA's
financial obligations under the Jolley Trolley Agreement in an amount equal to the
actual revenue hours multiplied by twenty-five percent (25%) of the rate billed to PSTA
by Jolley Trolley along the Clearwater Beach Route for each fiscal year this Agreement
is in effect. A map of the Clearwater Beach Route is attached to this Agreement as
Exhibit "B". PSTA will send an invoice to City of Clearwater no later than the fifteenth
RENEWED AND RESTATED
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
(15th) day of the month immediately following the month during which fixed route
trolley services were provided along the Clearwater Beach Route. Each invoice shall
be based on actual revenue hours provided and shall include a copy of Jolley Trolley's
invoice to PSTA. City of Clearwater shall remit payment on the fifteenth (15th) day of
the month following receipt of such invoice. For the fiscal year beginning October 1,
2019 and ending September 30, 2020, it is estimated that the City of Clearwater's
funding contribution amount will not exceed Two Hundred Eighty-five Thousand
Five Hundred Forty-seven U.S. Dollars and NO/100 ($285,547) in the aggregate.
This annual estimated amount shall increase each fiscal year, in accordance with the
rate schedule provided for in the Jolley Trolley Agreement. It is expressly
acknowledged that the Jolley Trolley rates will increase each fiscal year pursuant to the
terms of the Jolley Trolley Agreement and that City of Clearwater will continue to pay
25% of such increased rates pursuant to the terms of this Agreement.
3. ANNUAL APPROPRIATIONS; FAILURE TO MAKE PAYMENT. In the event that
the City of Clearwater determines that sufficient budgeted funds are not available to
appropriate for payments due to PSTA under this Agreement, the City of Clearwater
shall notify PSTA of such occurrence and this Agreement shall terminate on the last
day of the then current fiscal peridd, and the City of Clearwater shall not owe PSTA
any further contribution towards PSTA's 'financial obligations under the Jolley Trolley
Agreement. However, in the event this Agreement is terminated, such termination may
result in the termination of the Trolley Services along the Clearwater Beach Route. For
purposes of this Section, the term "fiscal period" means the period between October 1st
and September 30th
4. EFFECTIVE DATE. This Agreement shall take effect on the first date above written
and shall terminate on September 30, 2022; the expiration or termination of the Jolley
Trolley Agreement, however terminated; or expiration or termination of this
Agreement as provided herein, whichever occurs first. To the extent that this
Agreement conflicts with the Original Agreement, the provisions of this Agreement
shall govern.
5. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant that
they are authorized to enter into this Agreement without the consent or joinder 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 the Jolley Trolley Agreement.
[Remainder of this page intentionally left blank]
Page 2 of 4
RENEWED AND RESTATED
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date
first above written.
ATTEST:
APPROVED AS TO FORM:
Alan S. Zimm
G1stral Counsel
PINELLAS SUNCOAST TRANSIT AUTHORITY
Brad Miller, Chief Executive Officer
[Remainder of this page intentionally left blank — City of Clearwater Signature Page Follows]
Page 3 of 4
AMENDMENT 2 TO
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
Countersigned:
-cteor tuvr L\405
George Cretekos
Mayor
Approved as to form:
Michael P. Fuino
Assistant City Attorney
Page 4 of 4
CITY OF CLEARWATER
w
William B. Horne, I
City Manager
Attest:
bdakivue:G «
Rosemarie Call »rrn
City Clerk �Q aA;_!cl�►
o
0 irc1 Ai.)pivrx(-i
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
THIS FUNDING AGREEMENT (Agreement) is entered into on this 1 0 day of
Lion, 1,q 2016, 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 at
112 South Osceola Avenue, Clearwater, Florida 33756 (the "City of Clearwater") (collectively
referred to as the "Parties").
WHEREAS, PSTA, by and through the draft agreement with Jolley Trolley
Transportation of Clearwater, Inc. dated September 22, 2016 (the "Jolley Trolley Agreement")
(attached hereto as Exhibit 1) intends to engage the Jolley Trolley to provide fixed route trolley
services including the fixed route services on Clearwater Beach as part of the Beach Routes (the
"Clearwater Beach Route"); and
WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain
funding contributions to Jolley Trolley in exchange for the Clearwater Beach Route services; and
WHEREAS, PSTA will not enter into the Jolley Trolley Agreement without the shared
contribution of the City of Clearwater, as contemplated by this Agreement.
WHEREAS, City of Clearwater, recognizing the benefits of the Clearwater Beach Route
provided by the Trolley Services will bring, desires to make a contribution to PSTA toward
PSTA's financial obligations under the Jolley Trolley Agreement, on the terms and conditions
set forth herein; and
NOW, THEREFORE, 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. BASE SERVICE COSTS. City of Clearwater will contribute toward PSTA's
financial obligations under the Jolley Trolley Agreement for Clearwater Beach
Route for base service costs for the period beginning October 1, 2016 and ending
September 30, 2017 at a cost not to exceed $182,503.1 PSTA shall send an
invoice to City of Clearwater no later than the 15th day of the month following the
service which will be based on actual revenue hours provided to PSTA by Jolley
Trolley. The contributions made under this Agreement and sent via invoice will
be paid directly to PSTA on the 15th day of the month following receipt of each
invoice (such that the first payment shall be due on November 15, 2016). In any
event, the total contribution amount for City of Clearwater shall not exceed the
amount set forth on Page 18 of Exhibit 1.
The base service cost does not include the potential payment for any shortfall in the Advertising RecoveryEstimate
as set forth in Paragraph 6.
3. ADDITIONAL GRANT FUNDING. Any additional grant funding afforded to
the Jolley Trolley from City of Clearwater shall not be subject to PSTA review
unless specifically requested.
4. FAILURE TO MAKE PAYMENTS. In the event City of Clearwater fails to
make the payments provided in Section 2 above, PSTA may cancel this
Agreement, which may result in the termination of the Trolley Services.
5. FAREBOX RECOVERY ESTIMATE. The Parties understand that both a
Farebox Recovery Estimate and an Advertising Estimate have been set as set forth
on Page 18 of Exhibit 1. The Parties agree that PSTA shall be responsible for
ensuring Jolley Trolley receives the Farebox Recovery Estimate.
The Parties further understand that within thirty (30) days of the end of the
contract term for the Jolley Trolley Agreement, that Jolley Trolley and PSTA
shall perform a farebox revenue reconciliation which compares the farebox
revenue estimate with the actual farebox revenue (the "Farebox Reconciliation").
If the farebox income collected exceeds the farebox recovery estimate set forth on
Page 18 of Exhibit 1 (the "Farebox Recovery Estimate"), no additional payment
shall be due to Jolley Trolley. However, if the farebox income collected is less
than the Farebox Recovery Estimate, PSTA shall be responsible to pay the
amount equal to the difference between the fares collected and the Farebox
Recovery Estimate.
6. ADVERTISING RECOVERYESTIMATE. The Parties understand that an
Advertising Estimate has been set as set forth on Page 18 of Exhibit 1. The
Parties agree that the City of Clearwater shall be responsible for ensuring that
Jolley Trolley receives the Advertising Recovery Estimate.
The Parties further understand that within thirty (30) days of the end of the
contract term for the Jolley Trolley Agreement, that Jolley Trolley and PSTA
shall perform an advertising revenue reconciliation which compares the
advertising revenue estimate with the actual advertising revenue (the "Advertising
Reconciliation"). If the advertising revenue income collected exceeds the
advertising recovery estimate set forth on Page 18 of Exhibit 1 (the "Advertising
Recovery Estimate"), no additional payment shall be due to Jolley Trolley.
However, if the advertising revenue collected is less than the Advertising
Recovery Estimate, the City of Clearwater shall be responsible to pay the lesser of
either (a) the amount equal to the difference between the advertising revenue
collected and the Advertising Recovery Estimate or (b) $32,589.75. PSTA may
make payment to Jolley Trolley directly and then seek reimbursement from the
City of Clearwater. The City of Clearwater shall make any such payment within
thirty (30) days receipt of any such bill.
Page 2 of 3
7. EFFECTIVE DATE. This Agreement shall take effect on the first date above
written and shall terminate upon the expiration or termination of the Jolley
Trolley Agreement, however terminated.
8. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant
that they are authorized to enter into this Agreement without the consent or
joinder 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 the Jolley Trolley Agreement.
IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed as
of the date first above written.
PINELLAS SU COAST TRANSIT AUTHORITY
Brad Miller, Chief Executive Officer
Approved as to Form:
Alan 'lis met, Esq. General Counsel
CITY OF C � ' ' WATER, FLORIDA
Countersigned:
--'eteARkt^Crt'TQ O5 By:
George N. Cretekos, Mayor
Attest:
jk) 4414144411-44'
William B. Horne II, City Manager
Approved as to Form:
lizeiluact: Gat
ie Call, MPA, CMC
Pam Aki , City Attorney
Page 3 of 3
AMENDMENT 1 TO
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
THIS FIRST AMENDMENT TO CLEARWATER BEACH ROJJTE FUNDING
AGREEMENT (. first Amendment) is entered into on this 157— day of
J I , 2017, by and between the PINELLAS SUNCOAST TRANSIT
AUTHORITY, an independent special district, with its principal place of business located at
3201 Scherer Drive, St. Petersburg, FL 33716 (PSTA), and the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, with its principal place of business located at 112 South
Osceola Avenue, Clearwater, Florida 33756 (City of Clearwater)(collectively, the "Parties") to
amend and renew that certain Clearwater Beach Route Funding Agreement entered into by the
Parties on September 20, 2016 (the Agreement).
WHEREAS, pursuant to the Agreement, City of Clearwater has been contributing
funding to PSTA to supplement fixed route trolley services along the Clearwater Beach Route,
and
WHEREAS, the Parties desire to continue the Agreement as amended by this First
Amendment; and
WHEREAS, unless otherwise defined in this Amendment, all capitalized terms used in
this Amendment shall have the meaning defined in the Agreement.
NOW THEREFORE, in exchange for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. Section 2 of the Agreement is hereby amended to read as follows:
BASE SERVICE COSTS. City of Clearwater shall contribute toward PSTA's
financial obligations under the Jolley Trolley Agreement for the actual revenue hours
provided along the Clearwater Beach Route for each fiscal year the Agreement is in
effect. PSTA will send an invoice to City of Clearwater no later than the fifteenth
(15th) day of the month immediately following the month during which fixed route
trolley services were provided along the Clearwater Beach Route. Each invoice shall
be based on actual revenue hours provided. City of Clearwater shall remit payment on
the fifteenth(15th) day of the month following receipt of such invoice. For the fiscal
year beginning October 1, 2017 and ending September 30, 2018, the funding
contribution amount shall not exceed Two Hundred and Seventeen Thousand Two
Hundred Sixty-three U.S. Dollars and NO/100 (5217,263).
3. Sections 5 and 6 of the Agreement are hereby deleted entirely.
4. This First Amendment shall be effective October 1, 2017 through the term of the
Agreement. All other provisions of the Agreement not specifically amended by this
First Amendment, shall remain in full force and effect. To the extent that this
Amendment conflicts with the Agreement, the provisions of this First Amendment
shall govern.
IN WITNESS WHEREOF, the Parties have caused this First Amendment to be executed as of
the date first above written.
PINELLAS SUNCOAST TRANSIT AUTHORITY
APPROVED AS TO FORM::
Amort S. l'>`1. General Counsel
Count e ned:
c€.O tt4tf& col
George N. Cretekos, Mayor
Attest:
R,
Rosemarie Call, City Clerk
Brad Miller, Chief Executive Officer
CITY OF CLEARWATER
Az1,..A.
William B. Horne, II, City Manager
Appro . d as corm:
Matthew mith, Assistant
City Attorney
AMENDMENT 2 TO
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
THIS SECOND AMENDMENT TO CLEARWATER BEACH ROUTE FUNDING
AG' MENT (Second Amendment) is entered into on this 1m day of
, 2018, by and between the PINELLAS SUNCOAST TRANSIT
AUTHORITY, an independent special district, with its principal place of business located at
3201 Scherer Drive, St. Petersburg, FL 33716 (PSTA), and the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, with its principal place of business located at 112 South
Osceola Avenue, Clearwater, Florida 33756 (City of Clearwater)(collectively, the "Parties") to
amend and renew that certain Clearwater Beach Route Funding Agreement entered into by the
Parties on September 20, 2016, as amended and renewed by that certain First Amendment
effective October 1, 2017 (the Agreement).
WHEREAS, pursuant to the Agreement, , City of Clearwater has been contributing
funding to PSTA to supplement fixed route trolley services along the Clearwater Beach Route,
and
WHEREAS, the Parties desire to continue the Agreement as amended by this Second
Amendment; and
WHEREAS, unless otherwise defined in this Second Amendment, all capitalized terms
used in this Second Amendment shall have the meaning defined in the Agreement.
NOW THEREFORE, in exchange for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. Section 2 of the Agreement is hereby amended to read as follows:
BASE SERVICE COSTS. City of Clearwater shall contribute toward PSTA's
financial obligations under the Jolley Trolley Agreement for the actual revenue hours
provided along the Clearwater Beach Route for each fiscal year the Agreement is in
effect. PSTA will send an invoice to City of Clearwater no later than the fifteenth
(15th) day of the month immediately following the month during which fixed route
trolley services were provided along the Clearwater Beach Route. Each invoice shall
be based on actual revenue hours provided. City of Clearwater shall remit payment on
the fifteenth (15th) day of the month following receipt of such invoice. For the fiscal
year beginning October 1, 2018 and ending September 30, 2019, the funding
contribution amount shall not exceed Two Hundred and Eighteen Thousand Five
Hundred Twelve U.S. Dollars and NO/100 (218,512).
3. This Second Amendment shall be effective October 1, 2018 through the term of the
Agreement. All other provisions of the Agreement not specifically amended by this
AMENDMENT 2 TO
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
Second Amendment, shall remain in full force and effect. To the extent that this
Amendment conflicts with the Agreement, the provisions of this Second Amendment
shall govern.
IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be executed as of
the date first above written.
ATTEST:
APPROVED AS TO FORM:
Alan S. Zi' f' neral Counsel
Mem ain e er` of this page intentionally left blank — City of Clearwater Signature Page Follows]
PINELLAS SUNCOAST TRANSIT AUTHORITY
Brad Miller, Chief Executive Officer
Page 2 of 3
AMENDMENT 2 TO
CLEARWATER BEACH ROUTE FINDING AGREEMENT
Countersigned:
c eo( it iv' t\t c
George N. Cretekos, Mayor
Attest:
CITY OF CLEARWATER
6. 411.4......„--4r
William B. Home, II, City Manager
Approved as to form:
Rosemarie Call, City C .: � ' aura Mahony, Assistant City
Page 3 of 3