SERVICE FUNDING AGREEMENT - CLEARWATER BEACH SPRING BREAK 2023CLEARWATER BEACH SPRING BREAK 2023
SERVICE FUNDING AGREEMENT
THIS FUNDING AGREEMENT (Agreement) is entered into on this day of
2023, 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 600
Cleveland Street, Suite 600, 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 of Clearwater 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 other increasingly
successful service partnerships in 2018, 2019, and 2022;
WHEREAS, PSTA and the City of Clearwater chose to cancel the planned 2020 and 2021
Spring Break service promotion due to COVID-19 precautions, and successfully continued the
Spring Break service in 2022;
WHEREAS, PSTA, by and through an agreement with Jolley Trolley Transportation of
Clearwater, Inc. (the "Jolley Trolley Agreement"), engages 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 other routes serving Clearwater Beach;
WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding
contributions to Jolley Trolley in exchange for the Clearwater Beach Route services;
WHEREAS, PSTA and the City of Clearwater have entered into a Clearwater Beach Route
Funding Agreement wherein the City of Clearwater will provide funding to PSTA for FY2023 for
the services provided pursuant to the Jolley Trolley Agreement;
WHEREAS, PSTA regularly operates bus service from downtown Clearwater and beach
communities along Gulf Boulevard on the Suncoast Beach Trolley;
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 employees to access the beach;
WHEREAS, the Parties desire to provide enhanced downtown to beach service on the
Suncoast Beach Trolley and Jolley Trolley South Beach Route during the 2023 Spring Break
period of March 1 through April 30, 2023 from parking areas at the site of the former Clearwater
City Hall and Pinellas County garage at the corner of Osceola Ave and Court St. to Pier 60, the
Clearwater Beach Transit Center and Marina Stops on Clearwater Beach; and
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WHEREAS, PSTA will not extend existing bus services to these parking
locations without the shared contribution of the City of Clearwater, as contemplated by this
Agreement.
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
costs of enhanced service on the Suncoast Beach Trolley and Jolley Trolley South
Beach Route during the 2022 Spring Break period of March 1 through April 30,
2022 at cost not to exceed half of the service cost up to Ninety Six Thousand, Six
Hundred Twenty Five and Forty Two Cents ($96,625.42). See EXHIBIT A.
3. PAYMENT. 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
enhanced 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 plus documentation of service
hours provided by PSTA. City of Clearwater shall remit payment on the fifteenth
(15th) day of the month following receipt of such invoice. The City of Clearwater
shall reimburse PSTA for 50 -percent of the cost of the services added to the base
beach fixed route service during the Spring Break period.
4. FAILURE TO MAKE PAYMENT. In the event City of Clearwater fails to
make the payment provided in Section 3 above, PSTA may cancel this
Agreement, which may result in the termination of the enhanced trolley services.
5. JOINT MARKETING. The Parties agree to coordinate a joint marketing effort to
advertise this enhanced service and other transportation services to and from the
beach that encourage the use of non -automotive mass transportation. Additionally,
PSTA will provide and the City of Clearwater will assist with the installation,
maintenance and removal of temporary directional signage, including sidewalk
decals, for the promotional service as produced by PSTA.
6. TERM; EFFECTIVE DATE. This Agreement shall take effect on the first date
above written and shall terminate at the end of the service day on April 30, 2023.
7. 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.
8. INDEMNIFICATION. Each party agrees to be fully responsible for its own acts of
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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.
9. ELECTRONIC SIGNATURES. This Agreement may be executed by electronic
signature technology and such electronic signature shall act as the Parties' legal
signatures on this Agreement and shall be treated in all respects as an original
handwritten signature.
IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed as
of the date first above written.
PINELLAS SUNCOAST TRANSIT AUTHORITY
By:
Brad Miller, Chief Executive Officer
Attest:
Executive Assistant
Approved as to Form:
Alan S. Zimmet, Esq., General Counsel
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Countersigned:
Frank V. Hibbard, Mayor
Attest:
Rosemarie Call, MPA, CMC
City Clerk
CITY OF CLEARWATER, FLORIDA
By:
Jennifer P crier, Interim City Manager
Approved as to Form:
David Margolis, City Attorney
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EXHIBIT A
Spring Break Enhanced Service
March 1 - April 30 (8 weeks)
Additional Service for Local Spring Break and Sugar Sands WEEKENDS ONLY
FY23
Summary of Proposed Funding Formula
Platform Total Cost
Total Costs Hours Per Hour Total
Jolley Trolley
Regular SB service 744.97 $ 93.54 $ 68,684.49
Busy Weekends 198.8 $ 93.54 $ 18,595.75
PSTASBT
Regular SB service 339.60 $ 93.54 $ 31,766.18
Busy Weekends 782.6 $ 93.54 $ 73,204.408
Total Estimated Hours 2065.97
Total Anticipated Costs $ 193,250.83
Assumptions: ADD TO BASE SERVICE
8 -week promotion, Mon-Thu/2 buses Fri -Sun 30 min service (M -Th), 15 min
service (F -Su)
94.19 increased hours due to fewer Mo -Th and more Fri-Sa than last year
Free Park and Ride Service starting at 10am- end of service day (10pm or 12am F/Sa)
Marketing and Public Outreach budget provided by PSTA ($15k+ value)
Fare Free for riders boarding at specified stops: Old City Hall, CBTC, Pier 60 and Marina
Service Funding Contributors
City of Clearwater $ 96,625.42
Pinellas Suncoast Transit Authority $ 96,625.42
50.0°A
50.0%
Total Funding Contributions $ 193,250.84
1004
TOTAL $ 193,250.84 100.0°A
DRAFT 02/09/2023
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