INTERLOCAL AGREEMENT FOR DUNEDIN FERRY LANDING INTERLOCAL AGREEMENT FOR DUNE IN FERRY LANDING
THIS INTERLOCAL AGREEMENT FOR DUNEDIN FERRY LANDING("Agreement"),
by and between the City of Dunedin, Florida, a municipal corporation of the State of Florida with an
address of 737 Louden Avenue, Dunedin, Florida, 34698 ("Dunedin") and the City of Clearwater,
Florida a municipal corporation of the State of Florida with a principal address of 100 S Myrtle Ave,
Clearwater, FL 33756 ("Clearwater")(collectively,the "Parties"), is made and entered into on this
l-j'"' day of Jai , 2025 (the "Effective Date").
WHEREAS, Dunedin operates the Dunedin Marina, a public marina facility that includes a
boat dock used for ferry operations; and
WHEREAS, the ferry dock sustained damage in 2024 from Hurricanes Helene and Milton,
resulting in the disruption of ferry services out of the Dunedin Marina; and
WHEREAS, the repair and restoration of the ferry dock require the installation of pilings to
ensure structural integrity and safe operation of ferry vessels, as further described in Exhibit A(the
"Services"); and
WHEREAS, Clearwater has the expertise, equipment, and personnel necessary to perform
the Services; and
WHEREAS, Dunedin desires to engage Clearwater to perform the Services in a timely and
efficient manner to restore ferry operations; and
WHERAS, Clearwater is willing and able to provide the Services under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth in
this Agreement, and for other good and valuable consideration,the receipt and adequacy of which is
acknowledged by this Agreement,the Parties agree as follows:
1. Recitals. The Recitals set forth above are true and correct and are incorporated in this
Agreement.
2. Scope of Services. The Parties agree that Clearwater will provide the Services as outlined in
Exhibit A.
3. Term.As required by Section 163.01(11),Florida Statutes,this Agreement shall be filed with
the Clerk of Circuit Court of Pinellas County, Florida, after the Agreement has been fully
executed by the Parties and shall be effective on the date of such filing ("Effective Date").
Dunedin shall be responsible for filing this Agreement with the Clerk of the Circuit Court of
Pinellas County. The term of this Agreement shall commence on the Effective Date and shall
continue in full force and effect until the Services have been complete (the "Term"), unless
terminated sooner or extended in accordance with the terms herein.
4. Payment and Fees.
Page 1 of 5
a. Clearwater will provide the Services described in this Agreement and reimburse the
Clearwater at a rate of$398.86/hour for a total cost not to exceed Thirty-Thousand
United States Dollars and Zero Cents ($30,000).
b. Clearwater will submit an invoice for the full amount once the Services are complete
and accepted by Dunedin. Payment as prescribed in this section will be processed in
accordance with the Florida Prompt Payment Act, Section 218.70, et. seq., Florida
Statutes.
c. Clearwater will pay all sales,employment,and other applicable taxes or fees that arise
or may arise from the Services,with the exception of any permit fees.
5. Standard of Care. Clearwater has represented to Dunedin that it possesses a level of
knowledge,experience,and expertise that is commensurate with firms in the areas of practice
required for the Services to be provided.By executing this Agreement,Clearwater agrees that
Clearwater will exercise the same degree of care, knowledge, skill, and the ability as any
other similar situated contractor possessing the same capabilities within the local area
working on similar activities. Clearwater will perform the services requested in an efficient
manner, consistent with this Agreement and industry standards.
6. 'Termination.Either party may terminate this Agreement for any reason upon sixty(60)days'
prior written notice to the other parties. In the event the Agreement is terminated by
Clearwater or is terminated by Dunedin for reasons unrelated to the quality of work provided
by Clearwater, Dunedin will pay Clearwater in full for all work actually performed prior to
the date of termination. This payment will be the sole financial obligation or responsibility of
Dunedin for compensation under this Agreement in the event of termination.
T Relationship of Parties. Nothing contained in this Agreement will be deemed or construed
by the Parties, or by any third party, as creating the relationship of principal and agent or of
partnership or of joint venture between the Parties, it being understood and agreed that
nothing contained in this Agreement,not any act of the Parties, will be deemed to create any
relationship between the Parties other than the relationship of independent contractors and
principals of their own accounts. Clearwater will employ personnel as necessary and proper
to carry out the terms and conditions of this Agreement. Clearwater acknowledges and agrees
that such personnel will not (i) be considered Dunedin employees; (ii) have any authority to
act as the Dunedin's agent; or(iii)receive any payment or benefit directly from Dunedin.
8. Compliance with All haws. Clearwater, at its sole expense, will comply with all laws,
ordinances, judicial decisions, orders, and regulations of federal, state, county, and city
governments, as well as their respective departments, commissions, boards, and officers,
which are in effect at the time of execution of this Agreement or are adopted at any time
following the execution of this Agreement.
9. Amendment. This Agreement may not be amended or modified except in writing, executed
by the Parties.
Page 2 of 5
10. Authority. The Parties represent and warrant that each is authorized to enter into this
Agreement without the consent and joinder of any other party and that the individuals
executing this Agreement have full power and authority to bind their respective party to the
terms hereof.
11. Governing Law and Venue. This Agreement will be governed by the laws of the State of
Florida. Venue for the purposes of any suit, action, or other preceding arising out of, or
relating to,this Agreement will be solely within the Sixth Judicial Circuit, in and for Pinellas
County, Florida for state actions and solely in the United States District Court of the Middle
District of Florida, Tampa Division for federal actions. The Parties waive their right to trial
by jury in any action, proceeding, or claim arising out of this Agreement.
12. Construction of Agreement. The Parties agree that in any event of litigation concerning the
construction of this Agreement or interpretation of any language used in this Agreement,that
this Agreement and any of its provisions will not be construed against Dunedin by virtue of
this Agreement having been drafted by Dunedin. The validity, interpretation, construction,
and effect of this Agreement will be in accordance with and be governed by the laws of the
State of Florida. Any provision or part of this Agreement held to be void or unenforceable
under any law will be deemed stricken, and all remaining provisions will continue to be valid
and binding upon the Parties. The Parties agree that this Agreement will be reformed to
replace such stricken provision or part of a provision with a valid and enforceable provision,
which comes as close as possible to expressing the original intention of the stricken provision.
13. No Third-Party Beneficiaries. This Agreement is entered into solely for the benefit of the
Parties and will not be construed as a benefit to any third parties, including but not limited to
the general public, constituents or citizens of the Parties, nor will it be construed as
enforceable by any third parties.
14. Entire Agreement. This Agreement embodies the entire Agreement of the Parties. There are
no promises, terms, conditions or allegations other than those contained in this Agreement,
and this document will supersede all previous communications, representations, and/or
agreements whether written or verbal between the Parties to this Agreement.
15. Non-appropriation. In the event that sufficient budgeted funds are not available to
appropriate by a party in any fiscal year for its respective obligations herein, the party shall
notify the other parties of such occurrence, and this Agreement shall automatically terminate
as to the terminating party on the last day of the current fiscal period for the terminating party.
16. Counterparts. 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.
Page 3 of 5
IN WITNESS WHEREOF the Parties have executed the Agreement as of the Effective
Date.
CITY OF DUNEDIN, FLORIDA: CITY OF CLEARWATER
BY:
Name: Maureen "Moe" Freane-
y Name-
:
Title: Title:
Mn4zL)-r
ATTEST: ATTEST:
City Clerk,, 3 City Clerk
APPROVED A$TO1FORM: APPROVED AS TO FORM:
City Attorney City Attorney
Page 4 of 5
Exhibit A
Services covered under this agreement include the following:
• Dunedin will secure work area and provide any necessary maintenance of traffic
control.
• Clearwater will mobilize a barge owned by Clearwater to support the services
included in the agreed upon scope of work. Clearwater will demobilize barge
once work is complete.
• Remove at least five (5) pilings.
• Install five (5) pilings, provided by Dunedin (can be the ones removed by
Clearwater), at a minimum depth of 10 feet.
• Install additional pilings if needed, or requested by Dunedin.
• Relocate floating dock, provided by Dunedin, and set floating dock on pilings
• Relocate gangway, provided by Dunedin, onto relocated floating dock.
• Remove 10-foot section of the pier and install temporary railing. Dunedin will
provide safety signage.
• Dunedin will provide any needed fixtures or hardware.
• Dunedin is responsible for the application and fees for all permits and
inspections.
Page 5 of 5