FIRE STATION 46 FUNDING AGREEMENT FIRE:STATION 46 FUNDING AGREEMENT
THIS AGREEMENT ("Agreement') is entered into this 14th day of November
2023,. between the.City of Clearwater, a Florida .municipal corporation, ("City"), and Pinellas
County, a political subdivision of the State of Florida, ("County") (collectively"Parti es").
WITNESSETH:
WHEREAS, City provides`fire and emergency medical services. ("EMS) under contract.
with the Cournty for the City's area of unincorporated Pinellas County; and
WHEREAS, the County has reviewed:Citys request and confirms the need for a new fire
station to serve the City of Clearwater; and
WHEREAS, County has agreed to enter into this Agreement to provide.funding to assist
the City in their construction of a new fire station.; and
WHEREAS,.this Agreement is entered between the Parties pursuant to Section. 153.01,
Florida Statutes.
NOW THEREFORE, the Parties.agree as.fo[lows:
1. Recitations. The.above recitations are true and correct and are incorporated herein by
reference.
2. Project: The City shall be responsible for all aspects of land acquisition, design,
construction, operation and future maintenance of its Fire Station facility: The County is
solely providing.funding support for the project. The new fire station facility will be located
at.546.Mandalay Ave,.Clearwater; FL 33767, at the same location as the prior station:
3. Term. The term of this Agreement("Term")shall commence.on date approved and signed
by the County and shall end on:September 30,2024,
4. Funding.
A. The County.sha11 provide up to $1,1.65;523.08 ("County Funds") to pay for the Project
in accordance with this Agreement. County Funds. may be.used by City for the.
following to include, but not.limited to, land%acquisition, engineering, site preparation,
design., construction, and associated costs directly related to the Project.
B. The cost to the County shall not exceed the proportionate share of the Project cap of
$1.0,350,692,83.without an amendment to this Agreement'subject to the.approval of
the Board of County Commissioners.
C. City shall provide documentation to include purchase orders, invoices, and proof of
payment for reimbursement of actual expenses incurred during the design and
construction of the Project. Such request for reimbursement shall include a cover
[etter[invo[ce from the City recapping the expenses. City shall remit documented
1
expenses to the County periodically during each fiscal year up to the:cap .for.each
fiscal year and:subject to the Project cap.
D. The County shall.maize payment to City for invoiced work within forty-five (45) days in.
accordance with 21.8.70, of seq., the Florida Prompt Payment Act,
E. All invoices shall be sent to the County per Section 14..
F. Funding is derived from the millage rate levied on the City of Clearwater properly
owners. County funds are budgeted to the following cap.for each f=iscal Year for
disbursement as follows:
FY22-23 Up to $1,166,523.08.
The County agrees to fund the FY22-23 proportionate share of 11.27%throughout the
project.
5. 'Use of Funds. The County Funds.sha11 be used solely and exclusively for the Project as
approved by the County,. and any funds not so utilized at the end of the Project shall be
returned to the County. Should the City fail to.occupy and operate the fire station facility
by December 31, 2023., the City shall return the original funding amount to the County.
Should the City cease continuous operation of the fire station or a successor facility prior
to a 120-month period, the. City shall return a pro-rated portion of the original funding.
amount to the County, The: terms of.this paragraph shall survive termination of this
Agreement.
6. Compliance with Federa[,_State; County, and Local Laws. The Parties shall comply
with all federal, state, county, and local laws,:regula#ions.,.and ordinances at all times.
7.. Termination of Agreement.
A. This Agreement may be terminated by either party upon fifteen(15)days written notice
if conditions arise that, in the sole discretion of.the party terminating, require such
termination in the public interest.
B. Notice of any termination shall be given in accordance with. Section 14 of this
Agreement.
8. Parties' Liabilities.
A. The County's liability and obligations to City or any person having a claim pursuant to
this Agreement shall be limited solely to the amount of the County Funds committed.
herein and the terms and conditions of this Agreement.
B. City's.liability and obligations.to.the.County shall be.to deliver a completed Project and
refund any unused portion of.the funds.received from the County to the.County or in
the event of termination of this-Ag reement.
2
9. Indemnification. To the greatest extent of applicable law,.City agrees to.indemnify and
defend County, Its.officers, and employees against all claims.of any nature whatsoever
arising out of the Project. Nothing herein is intended to serve as awaiver of.sovereign
immunity by either the County or the City. Nothing herein.shall he construed as consent
by the County or City to be sued by third parties in any matter arising out of this Agreement.
The terms of this paragraph shall survive termination of this Agreement.
14. Discrimination. City and the County shall not discriminate against any person in violation
of federal, state, or local law and ordinances.
1.1. Assignment. This Agreement may not,he assigned by City without the written-consent
of the County.
12. Severability. Should any section.or part of any section of this Agreement be rendered
void, invalid, or unenforceable by any court of law, for any reason, such a determination
shall not render void, invalid,or unenforceable any other section or any part of any section
of this contract.
13. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties, a.nd no change will. be valid unless made: by supplemental written agreement
executed by both Parties.
14. Notices, All Notices, requests, demands, or other communications required by law or this.
Agreement shall be in writing and shall be deemed to have.been served as of the delivery
date appearing upon the return receipt if.sent by certified mail or the actual date of delivery..
The.primary contact for each.of the Parties is:
Fire Chief
City of Clearwater Fire Department
1144 Court St I Clearwater, FL 33756.
EMS & Fire Administration Director
Pinellas County EMS.& Fire Administration
12494.Ulmerton Road Suite 1.34
Largo; Florida 33774:.
15. Waiver, No act of omission or commission of either party, including without limitation,any
failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release,
or modification of the.same. Such a waiver, release, or modification is to be affected only
through a.written modification to this Agreement.
16. Governing Law and Venue. This Agreement is to.be construed in accordance with the.
laws of the.State of Florida. Venue for any cause of action.or claim asserted :by either
party hereto brought in state courts shall be in Pinellas County, Florida. Venue for any
action brought in federal court shall be in the Middle District of Florida, Tampa Division,
unless a division shall be created in District or Pinellas County, in which case action shall
be brought in that division.
3
17. Due Authority. Each party to this.Agreement represents:and warrants to the.other party
that(i)they are duly organized, qualified, and.existing entities under the laws of the State.
of Florida, and (ii) all appropriate.authority exists so as to duly authorize the persons
executing this Agreement to so execute the same and fully hind the party an whose behalf
they are executing.
1.8. Headings. The paragraph headings are inserted herein for conVonience and reference
only,and in.no way define, lirnit,.or othenivis.e describe the scope or intent of any provisions,
hereof.
19. Approval. This Agreement is subject to approval of the City of Clearwater City Council
and the Pinellas County Board of County Commissioners.
.20. Fiscal Nort,-Funding: In the event that sufficient budgeted funds are not available for a
new fiscal period., the County shall notify City of such occurrence, and the contract shall
terminate on the last day of the then-current fiscal period without penalty or expense.to
the County.
21. Only Agreement of the Parties. This Agreement replaces and supersedes and replaces
all prior Agreements of the.Parties governing the construction of a Fire Station in City. The
Parties agree that this document extends the agreement of the Parties regarding this
construction.but allocates no additional funds.beyond the prior agreements.
22. Force Maieure. The City shall.be excused from the performance of the obligations.
under paragraph 5, Use of f=unds, to the extent that such performance is prevented by
force majeu re. Force Majeure shall be defined as fire, natural disaster, acts of God,.acts
of war, terrorism, civil disorders, decrees of government bodies, voluntary or involuntary
compliance with any regulation, law or order of the government, failure or default of
public utilities, pandernic, epidemic, riot, strikes, labor or supply disruptions.or similar
causes beyond the control of the City.
(Signature Page to Follow]
4
IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers
have caused this Agreement to be executed on this 14th day of
November , 2023.
ATTEST: PINELLAS COUNTY EMERGENCY
KENNETH BURKE, CLERK MEDICAL SERVICES AUTHORITY
By and through its Board of County
Commissioners
F ,
by: by:
Deputy Clerk Chairman
r . •: � APPROVED AS TO FORM
• •
SEAL By:
Jason C. Ester
"0�,'• �.yob:
Office of the County Attorney
COUNV
Countersigned: .,` f ``� CITY OF CLEARWATER, FLORIDA
b b
Y Y•
M r C anager
Approved as to form: Attest:
r
lyp,`g®IelJss�'�
by: by: �•`*��1 /r
Assistant City ARorney City Clerk �"�
Iwo)
5