THIRD RENEWED AND RESTATED CLEARWATER BEACH ROUTE FUNDING AGREEMENT THIRD RENEWED AND RESTATED
CLEARWATER BEACH ROUTE FUNDING AGREEMENT
THIS THIRD RENEWED AND RESTATED CLEARWATER BEACH ROUTE
FUNDING AGREEMENT("Agreement")is entered into effect- 2024,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 ("City of
Clearwater")(collectively, the "Parties"), to restate, 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 that certain
Second Amendment effective October 1, 2018, and as restated, amended, and renewed by that
certain Renewed and Restated Clearwater Beach Route Funding Agreement effective October 1,
2019 (the "Original Agreement").
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 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
a copy of the Jolley Trolley Agreement is attached to this Agreement as Exhibit"A"; 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 AND EXHIBITS. The above recitals and attached exhibits are true and
correct and incorporated herein by reference.
2. BEACH ROUTING. A map of the Clearwater Beach Route is attached to this
Agreement as Exhibit "B." The Parties intend for PSTA, through Jolley Trolley, to
continue servicing this route for the duration of this Agreement; and it is further the
intent of the Parties that the City of Clearwater contribute to the provision of this
services in the amounts described in the next paragraph.
3. BASE SERVICE COSTS. City of Clearwater shall contribute toward PSTA's
financial obligations under the Jolley Trolley Agreement for the fiscal year beginning
October 1, 2024 and ending September 20, 2025 ("FY 2025"), in the amount of Three
Hundred and Twenty Thousand One Hundred and Ninety One U.S. Dollars 29/200
($320,191.29). For the fiscal year beginning October 1, 2025, and ending September
30, 2026 ("FY 2026"), this amount shall increase by three percent (3%) to Three
Hundred and Twenty-Nine Thousand Seven Hundred and Ninety Seven U.S. Dollars
01/100 ($329,797.01). These amounts shall constitute the City of Clearwater's entire
funding contribution for Jolley Trolley's Clearwater Route for FY 2025 and FY 2026,
notwithstanding any prior agreement or subsequent cost increase or cost decrease to
PSTA or Jolley Trolley during any FY 2025 or FY 2026.
4. 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 period, 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 30'.
5. EFFECTIVE DATE; CONFLICTS. This Agreement shall take effect on the first
date above written and shall continue through September 30, 2026, the expiration or
termination of the Jolley Trolly 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.
6. 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.
7. 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
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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 WHEREOF, the Parties have caused this Third Renewed and Restated
Clearwater Beach Route ]Funding Agreement to be executed as of the date first above written.
PINELLAS SUNCOAST TRANSIT AUTHORITY
ATTEST:
oe
Rachael Cappolla Brad Miller, Chief Execu rve Of icer
Executive Assi tant/Record5-Manager
AP RO) E131AS T "FORM:
GG r°aal C e1'
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CITY OF CLEARWATER,FLORIDA
Countersigned:
�,..
Bruce Rector Jennifer of ier
Mayor ._w. . City Manager
Approved as to form: Attest:
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David Margolis Rosemarie Call �'�
Assistant City Attorney City ClerkHED
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