CLEARWATER BEACH SPRING BREAK 2024 SERVICE FUNDING AGREEMENTCLEARWATER BEACH SPRING BREAK 2024
SERVICE FUNDING AGREEMENT
THIS FUNDING AGREEMENT (Agreement) is entered into on this day of
, 2024, 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; and
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, 2022, and 2023; and
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 service in 2022; and
WHEREAS, PSTA provides fixed route services on Clearwater Beach as part of the Beach
Routes (the "Clearwater Beach Route") and other routes serving Clearwater Beach by and through
its current agreement with Jolley Trolley Transportation of Clearwater, Inc., ("Jolley Trolley")
effective October 1, 2022 through September 30, 2032, 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 the Clearwater Beach Route services; and
WHEREAS, PSTA and the City of Clearwater have entered into a Clearwater Beach Route
Funding Agreement wherein the City will provide funding to PSTA for FY2024 for the services
provided pursuant to the Jolley Trolley Agreement; and
WHEREAS, PSTA regularly operates bus service from downtown Clearwater and beach
communities along Gulf Boulevard on the Suncoast Beach Trolley; and
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; and
WHEREAS, the Parties desire to provide enhanced downtown to beach service on the
Suncoast Beach Trolley and Jolley Trolley South Beach Route during the period of February 25
through April 27, 2024 (the "2024 Spring Break") from the Old City Hall Parking Lot at 112 S.
Osceola Ave., the parking lot located at 200 S. Osceola Ave., and the Pinellas County parking
garage at 310 Court St. (Pinellas County garage restricted to evenings and weekends only) to Pier
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60, the Clearwater Beach Transit Center and Marina Stops on Clearwater Beach; and
WHEREAS, PSTA would 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 one half of PSTA's
costs of enhanced service on the Suncoast Beach Trolley and Jolley Trolley South
Beach Route during the 2024 Spring Break at a cost to City of
Clearwater not to exceed $102,287.
3. PAYMENT. PSTA will send an invoice to City of Clearwater no later than the
fifteenth (15th) day of the month immediately following each month during the
2024 Spring Break. 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 shall
reimburse PSTA for 50 -percent of the cost of the services added to the base beach
fixed route service during the 2024 Spring Break.
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 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 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 28, 2024.
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; COUNTERPARTS. 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. This Agreement may be executed in one or
more counterparts, any one of which need not contain the signatures of more than
one party, but all such counterparts taken together will constitute one and the same
instrument.
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IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed as
of the date first above written.
Countersigned:
B an J. Aur : ' r, ayor
Attest:
Rosemarie Call, MPA, CMC
City Clerk
PINELLAS SUNCOAST TRANSIT AUTHORITY
By:
Brad Miller, Chief Executive Officer
Attest:
Executive Assistant
Approved as to Form:
Alan S. Zimmet, Esq. General Counsel
CITY OF CLEARWATER, FLORIDA
By:
Jennifer PMrrier, City Manager
Ap ed as to Form:
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David Margolis„Esq.
City Attorney
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EXHIBIT A
Spring Break Enhanced Service
February 25 - April 27 (9 weeks)
Additional Service for Local Spring Break and Sugar Sand Festival
FY24
Summary of Proposed Funding Formula
Platform Total Cost
Total Costs Hours Per Hour Total
Jolley Trolley
Regular SB service 761 $ 96.81 $ 73,672
Busy Weekends 199 $ 96.81 $ 19,265
PSTA SBT
Regular SB service 340 $ 99.41 $ 33,799
Busy Weekends 783 $ 99.41 $ 77,838
Total Estimated Hours 2,083
Total Anticipated Costs $ 204,574
Assumptions: ADD TO BASE SERVICE
9 week promotion, 1 bus added to year-round service Mon-Thu/2 buses Fri -Sun
30 min service (M -Th), 15 min service (F -Su)
5 Busiest weekends (2 local Spring Break/3 SugarSand), 1 added JT bus to Base, & up to 6 added SBT
vehicles between dwtn & Pier 60
Free Park and Ride Service starting at loam- end of service day (10pm or 12am F/Sa)
Marketing and Public Outreach budget provided by PSTA (Up to $15k+ value)
Fare Free for riders boarding at specified stops: Old City Hall, County Garage (weekends only), CBTC, Pier
60, & Marina
Service Funding Contributors
City of Clearwater $ 102,287 50.0%
Pinellas Suncoast Transit Authority $ 102,287 50.0%
Total Funding Contributions $ 204,574 100%
TOTAL $ 204,574 100.0%
DRAFT 1/16/2024
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