INTERLOCAL AGREEMENT FOR USE OF PINELLAS COUNTY EMERGENCY COMMUNICATIONS RADIO SYSTEMINTERLOCAL AGREEMENT FOR USE OF PINELLAS COUNTY EMERGENCY
COMMUNICATIONS RADIO SYSTEM
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into by and between Pinellas
County, a political subdivision of the State of Florida, ("County") and the City of Clearwater, a
Florida municipality, (collectively the "Parties").
WITNES SETH
WHEREAS, the County owns and manages the 800 MHz Intergovernmental Public
Safety Radio System for Pinellas County (hereinafter referred to as "County Radio System")
managed by the County through the County Radio Section of the Department of Safety and
Emergency Services; and
WHEREAS, the City of Clearwater desires to obtain access to the County Radio Systems
for its public safety and non-public safety operations; and
WHEREAS, City of Clearwater will pay all costs related to this Agreement; and
WHEREAS, it is in the public interest that the County provide the City of Clearwater
access to its County Radio System; and
WHEREAS, this Interlocal Agreement will provide standards and procedures for fairly
and efficiently providing the City of Clearwater access to the County Radio System.
NOW THEREFORE, in consideration of the promises and covenants set forth herein, the
Parties agree as follows:
1. PURPOSE
The Parties desire to mutually enter into an agreement allowing City of Clearwater access
to the County Radio System. The sharing of this system enhances the two-way
communication capabilities of the County and City of Clearwater and provides an
efficient opportunity for accomplishing inter -operability, inter -agency communications,
and economies of scale. This enhanced relationship will be especially important during
public safety operations and during disaster recovery as public services coordinate
emergency repairs and long-term restoration activities under Federal Emergency
Management Agency (FEMA) Emergency Support Function #3- Public Works and
Engineering.
2. SCOPE OF SERVICES
a. The County will provide City of Clearwater access to the County Radio System
for daily operations of both public safety and non-public safety personnel.
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b. City of Clearwater subscriber equipment shall first be approved by the County
through the County Radio Section of Safety and Emergency Services prior to
being purchased in order to ensure system compatibility, performance, and
security.
c. The County retains the right to approve or disapprove any equipment that is
placed on the County Radio System based on compatibility, performance, or
security.
d. The City of Clearwater will make available to the County frequencies licensed to
the City of Clearwater for the purpose of increasing capacity and enhancing the
County Radio System. These licenses are identified by FCC call signs WNHB993
(800MHz); WQUF472 (MW 11 GHz); and WQUF476 (MW 11 GHz). While this
agreement is in place, the County may transfer the license for the frequencies
referenced to the County. Should this agreement terminate, the City of Clearwater
will retain license to the frequencies referenced in this paragraph.
3. USE ASSESSMENT:
a. For the first year of the agreement, the City of Clearwater agrees to pay its
proportionate share of operating costs for access to the County Radio System for
non-public safety operations. The costs will be based on radio system access and
airtime utilization determined by the County after having reviewed ninety (90)
days of data and reevaluated at the end of fiscal year 2026 (September 30, 2026)
to determine the percentage of use by City of Clearwater non-public safety
operations compared to the data of other accessing entities. The airtime
utilization rate will be applied to the County's total cost for the County Radio
System operations on an annual basis. In order to allow for sufficient time for
budgeting, the assess costs for the proportionate share of operating costs will not
exceed $50,000 for fiscal year 2026.
b. The City of Clearwater will be invoiced quarterly, with the first invoice being for
the period of use from October 1, 2025 through December 31, 2025. The invoice
will be for the operating costs calculated as indicated in paragraph, 3.a., based on
radio system access, airtime utilization, and subscriber units.
c. The County shall at least annually monitor the percentage use by of the County
Radio System by the City of Clearwater and provide an annual cost of the City of
Clearwater's proportional share and invoice that cost quarterly. The County will
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provide the City of Clearwater the annual cost at least three months prior to the
start of the fiscal year to provide the City of Clearwater the opportunity to budget
for the cost.
4. DUTY OF THE PARTIES
Each Party shall maintain their individual equipment including preventative maintenance
on an annual basis to ensure proper equipment functionality and system integrity.
5. COST OF USE
a. City of Clearwater will provide all necessary handheld and in -vehicle radios to
communicate on the Radio System at their own cost.
b. City of Clearwater will pay an annual access fee in the amount not to exceed
$50,000 for fiscal year 2026. Future annual access fees will be set as described in
Section 3 — Use Assessment and provided to the City of Clearwater no later than
June 1 of each year to allow time to properly budget for the expense.
c. City of Clearwater will pay for their own maintenance, repair, or upgrade of
equipment as necessary to maintain their subscriber equipment. For the purpose of
this agreement, subscriber equipment is defined as portable radios, mobile radios,
and radio consoles, including the associated peripheral equipment to ensure the
reliable and efficient operation of the described equipment.
d. The Parties shall retain all records relating to this Agreement for at least three (3)
years after any final payment is made, or longer as required by state law. In the
event that funds are received from a Party that require a longer record retention
period as required by law, that requirement shall be documented in writing.
6. TERMINATION
a. Except as provided in subparagraphs below, each Party to this Agreement may
terminate their participation upon no less than thirty (30) days written notice
for any reason. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery to the address(es) provided in
the `Notice' section 16 of this Agreement.
b. In the event that sufficient budgeted funds are not available for a new fiscal period,
a Party shall notify the other party of such occurrence, and the Agreement shall
terminate on the last day of the then -current fiscal period without penalty or
expense to any Party. Said notice shall be delivered by certified mail, return
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receipt requested, or in person with proof of delivery to the address(es) provided
in the `Notice' section 16 of this Agreement.. Each Party shall endeavor,
whenever possible and consistent with its legal obligations and principles of
prudent management, to provide thirty (30) days' notice for Termination for
Lack of Funds. Each Party shall be final authority as to the availability of funds
and extension of notice beyond the minimum time herein stated.
c. In addition to the rights as set forth above, in the event of a breach, this
Agreement may be terminated at the discretion of the non -breaching Party for
any breach of the terms of this Agreement by a Party upon fifteen (15) days
written notice. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery to the address(es) provided in
the `Notice' section 16 of this Agreement.. Each Party may at its discretion
waive any breach by in writing, but such waiver shall not constitute a waiver
of any future breaches, including breaches of the same type.
7. DISPUTE RESOLUTION
All parties will attempt to negotiate and resolve any disputes which may arise during
the term of the Agreement prior to taking any other action.
8. INDEMNIFICATION
The Parties, both being public bodies, agree to be fully responsible for their own acts
of negligence, or their respective employee's acts of negligence when acting within the scope
of their employment, and shall only be liable for any damages resulting from said negligence to
the extent permitted by Section §768.28, Florida Statutes. Nothing herein is intended to serve
as a waiver of sovereign immunity or limitation of liability that either Party may be entitled
to under the doctrine of sovereign immunity or any_provision of section 768.28, Florida Statutes.
Nothing herein shall be construed as consent by either Party to be sued by . third parties in
any manner arising out of this Agreement.
9. ASSIGNMENTS
a. No Party shall assign their responsibility under this Agreement to another
party without prior written approval of the other Party.. with the
exception of the City of Clearwater vendor contracted to
maintain subscriber equipment.
b. No such approval of any assignment shall be deemed in any event or in any
manner to provide for the incurrence of any obligation by any other Party. All
such assignments shall be subject to the conditions of this Agreement.
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10. TERM
This Agreement shall take effect from date of execution by both parties and continue in
effect thereafter through September 30, 2030, unless hereafter extended upon such terms and
conditions as the Parties hereto may later agree.
11. RENEWAL OPTION
This Agreement may be renewed for five (5) additional three (3) year periods based on
the expiration of the initial term by mutual agreement of the parties. This option shall be
exercised only if all terms and conditions remain the same pursuant to a written Renewal
Agreement signed by both parties.
12. AMENDMENTS
No amendments to this Agreement may be made without prior written approval of the
Parties.
13. GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Venue for 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.
14. SEVERABILITY
The terms and conditions of the Agreement shall be deemed to be severable.
Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such
determination shall not affect the validity or legality of the remaining terms and conditions, and
notwithstanding any such determination, this Agreement shall continue in full force and effect,
unless the particular clause, term or condition held to be illegal or void renders the balance of the
Agreement impossible to perform.
15. AGREEMENT MANAGEMENT
Each Party shall designate a liaison and provide contact information for said person as
a condition subsequent to this Agreement to be provided to the designated person in section 16
'Notice'.
16. NOTICE
Unless and to the extent otherwise provided in this Agreement, all notices, demands,
requests for approvals and other communications which are required to be given by either party
to the other shall be in writing and shall be mailed by registered or certified mail, postage prepaid,
or in person with proof of delivery to:
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COUNTY:
Pinellas County Safety & Emergency Services
County Radio Section
Attn: Jim Fogarty - Director
10750 Ulmerton Rd,
Building 1, Suite 343
Largo, FL 33778
CITY OF CLEARWATER:
General Services Department
Attn: Brandy Colandrea
1900 Grand Avenue
Clearwater, FL 33765
17. NO PLEDGE OF AD VALOREM TAXES
The Parties agree that this Agreement does not constitute a general indebtedness of
any Party within the meaning of any constitutional, statutory, or charter provision or limitation
and it is expressly agreed by the Parties that no Party shall ever have the right to require or
compel the exercise of ad valorem taxing power of another Party or taxation of any real or
personal property therein for the payment of any monetary obligations due under the terms
of this Agreement.
18. ENTIRE AGREEMENT
This Agreement reflects the full and complete understanding of the Parties hereto and
may be modified or amended only by a document in writing executed by all the parties
hereto and executed with the same formality of this Agreement.
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IN WITNESS WHEREOF,the Parties to this Agreement have caused the same to be signed and
executed, b and through their duly authorized representatives on this 'day of
N I�h� g � p �_
12025.
CITY OF CLEAR`]LIATER, FLORIDA
. I d:y
Jennifer P rri r
City Manager
Approved as to form: Attest:
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gar
�t
Owen Kohler Tu = Rosemarie Call
Lead Assistant City Attorney City Clerk
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PINELLAS OUNTY, F g through its County Administrator:
By:
Barry Burton
County Admini st tor.
APPROVED AS TO FORM
OFFICE OF THE COUNTY ATTORNEY
BY: APPROVED AS TO FORM
By. Patrick H.Allman IV
Office of the County Attorney
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