FIRE STATION 47 FUNDING AGREEMENTFIRE STATION 47 FUNDING AGREEMENT
THIS AGREEMENT ("Agreement") is entered into this day of
2025, between the City of Clearwater, a Florida municipal corporation, ("City"), and Pinellas
County, a political subdivision of the State of Florida, ("County") (collectively "Parties").
WITNESSETH:
WHEREAS, City provides fire and emergency medical services ("EMS") under contract
with the County for the City's area of unincorporated Pinellas County; and
WHEREAS, the County has reviewed City's 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 163.01,
Florida Statutes.
NOW THEREFORE, the Parties agree as follows:
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 601 South Hercules Avenue, Clearwater, FL 33764.
3. Term. The term of this Agreement ("Term") shall commence on date approved and signed
by the County and shall end on December 31, 2025.
4. Funding.
A. The County shall provide up to $1,192,028.65 ("County Funds") ($1,110,690.00 in
FY24-25 and $81,338.65 in FY25-26) 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
$10,383,524.85 ($9,675,000.00 in FY24-25 and $708,524.85 in FY25-26) 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
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construction of the Project. Such request for reimbursement shall include a cover
letter/invoice from the City recapping the expenses. City shall remit documented
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 make payment to City for invoiced work within forty-five (45) days in
accordance with 218.70, et 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 property
owners. County funds are budgeted to the following cap for each Fiscal Year for
disbursement as follows:
FY24-25 Up to $1,110,690.00
FY25-26 Up to $81,338.65
The County agrees to fund the FY24-25 and FY25-26 proportionate share of 11.48%
throughout the project.
5. Use of Funds. The County Funds shall 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, 2025, 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 Federal, State, County, and Local Laws. The Parties shall comply
with all federal, state, county, and local laws, regulations, 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.
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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 Agreement.
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 a waiver of sovereign
immunity by either the County or the City. Nothing herein shall be 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.
10. Discrimination. City and the County shall not discriminate against any person in violation
of federal, state, or local law and ordinances.
11. Assignment. This Agreement may not be 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, and 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
1140 Court St 1 Clearwater, FL 33756.
SES Bureau Director
10750 Ulmerton Road
Largo, Florida 33778.
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,
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unless a division shall be created in District or Pinellas County, in which case action shall
be brought in that division.
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 bind the party on whose behalf
they are executing.
18. Headings. The paragraph headings are inserted herein for convenience and reference
only, and in no way define, limit, or otherwise 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 Non -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 Majeure. The City shall be excused from the performance of the obligations
under paragraph 5, Use of Funds, to the extent that such performance is prevented by
force majeure. 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, pandemic, epidemic, riot, strikes, labor or supply disruptions or similar
causes beyond the control of the City.
[Signature Page to Follow]
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IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers
have caused this Agreement to be executed on this day of
, 2025.
ATTEST:
KENNETH BURKE, CLERK
PINELLAS COUNTY EMERGENCY
By and through its Board of County
Commissioners
by: by:
Deputy Clerk Chairman
Countersigned: CITY OF CLEARWATER, FLORIDA
by:
by: Ci Manaher
Approved as to form: Attest:
b
Assistant City Attorney
by:
City Clerk
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