11-21RESOL.UTION NO. 11-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA, APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
CLEARWATER, FLORIDA, THE TOWN OF BELLEAIR BEACH,
THE TOWN OF BELLEAIR SHORE, THE CITY OF INDIAN
ROCKS BEACH, THE TOWN OF INDIAN SH�RES, THE CITY
OF MADEIRA BEACH, THE TOWN OF NORTH REDINGTON
BEACH, THE TOWN OF REDINGTON BEACH, THE TOWN OF
REDINGTON SH�RES, THE CITY OF ST. PETE BEACH, THE
CITY OF TREASUR� ISI_AND, AND PINELLAS COUNTY,
FLORIDA; AND PROVIDING CERTAIN OTHER DETAILS WITH
RESPECT THERETO.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWAT�R, FLORIDA, THAT:
SECTI�N 1. Authoritv. This Resolution is adopted pursuant to the provisions of
Section 163.p1, Flarida Statutes; Article VIII, Section 2 of the Constitution of the State of Florida;
Chapter 166, Florida Statutes; and other applicable provisions of law (collectively, the "Act").
SECTION 3. Autharization, of the Form of the Interlocal Agr�ement. The execution of
the Interlocal Agreement, the form of which is attached hereto as Exhibit A(the "Interlocal
Agreement") is hereby authorized. The form of the Interlocal Agreement is hereby approved,
subject to such changes, insertions and omissions and such filling of blanks therein as may be
approved and made in such form by the offcers of the County and the City executing the same,
such execution and delivery to be conclusive evidence af such approval.
SECTION 4. Authorization ta Execute. The Mayor and the City Clerk are hereby
authorized and empowered to execute the Interlocal Agreement in substantially the form
attached hereto, subject to such changes, modifications, additions, deletians and substitutions
which do not materially afFect the substance thereof as such officers executing the same shall
approve, such executian ta be conclusive evidence of such approval and to affx thereto or
impress thereon the seal of the City.
SECTION 5. Effective Date. This Resolution shall take efFect immediately upon its
adoption.
PASSED AND ADOPTED by the City Commission of the City of Clearwater, Florida this 2oth
d�y of octc�i��� 2011.
Resolution 11-21
(SEAL)
ATTEST:
By: ��� � : �? �_
Rosemarie Call
City Clerk
Approved as to form:
By: k
Pamela K. Akin
City Attorney
2
CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA
,
By: �-��
Frank V. Hibbard
Mayor
Resolution 11-21
W�REAS, on Mazch 13, 2007, the extension of the Surtax for an additional ten (10)
years was approved by a majority of those voting on the quesdon at a referendum and the County
and municipalities representing a majority of the incorporated populati�n entered into an
iunterlocal agreement datEd April 29, 2008 providing for the dis�ibution of the Surtax, which
expires on December 31, 2019; and
WI�REAS, the County recognizes that the Pinellas County Q�ulf Boulevard
Improvement Program — April 2007 ("Improvement Plan'� is of county wide importance and
may be funded by the Surtax, and the County is willing to contribute to the costs of the
Impmvement Plan projects from th� County's share of the Surtax as provided herein.
NOW, THEREFORE, in consideration of the covenants herein contained, and other
gaod and valuable consideration, the County aad Cities agrae �s follows;
Sectian 1. CONDITIONS PRECEDENT.
This Agreement shall be effective upon execution by all of the Cities and the County.
Section Z. COUNTY'S RE$PONSISII,ITIES.
A. The County agrees to fund a�um n�ot to exceed $35 million, on a reimbursement
basis, from its Surtax proceed.s fox Eligible Projects, as defined herein, cansistent with the
Improvement Plan. Expend.itures for the actual cost af projects by each of the individual Cities
consistent with the Improvement Flan and the requirements of Section 212.OS5(2), Florida
Statutes, will be reimbursed by the Caunty if cerkification has been presented by the City seeking
reunbursement and the Barrier Isla.nds Government Council (BIG C) that the expenditure for a
Project is in conformance with the Improvemcnt Plan ("Eligible Projects"} and the reyuirements
of 3ection 212.055(2), Florida Staiutes. Beginning in Fiscal Year 2013, Cities may request funds
on a quarterly basis in azrears from the County for reimbursement of expenditures for work
�age 2
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (`°Agreement") is made and entered into as of
this day of ��, 201�, by Pinellas County, a political subdivision of the State of
Florida, hereinafter referred to as the "Count�' and the Town of Belleair Beach, Town of
Belleair Shore, City of Clearwater, City of Indian Rocks Beach, Town of Indian Shores, City oF
Madeira Seach, Town of North Redington Beach, Tawn of Redingtan Beach, Town of
Redi.ngton Shores, City of St. Pete Seach, and the City of Treasure Island, hereinafter referreci to
as the "Cities".
RECiTALS:
WHEREAS, Section 212.055(2), Florida Statutes, authorizes the County to levy a local
govemment infras�ucture sales surtax ("Surtax") of ane percent (1%) tbxoughout Pinellas
County, Florida, subject to referendum approval, to finance, plan and construct infrastructure as
defined thezein; and
WHEREAS, on November 7, 1989, the levy of the Surta�c for an initial ten (10) yeaz
p�riod was approved by a majority of those voting on the qucstion at a r�ferendum, and the
County and municipalities representing a majority of the in,corporated population entered into an
interlacal agreement dated September 19, 1989, providing for the distribution o£ the Surtax,
which expired on January 31, 20Q0; and
WHEREAS, on March 25, 1997, the extension of the Surtax for an additional ten (10)
years was approved by a majority of those voting on the question at a referendum, and the
County and muaicipalities representing a majority of the incorparated population entered into an
interlocal agreement dated August 6, 1998, providing for the dis�ibution of the Surtax, which
expired on 7anuary 31, 2010; and
Page 1
Exhibi� A
completed on or after Mach 13, 20�7, on Eligible Projects. Such reimbursements will not exceed
the Cities' annual allocations contained in Appendix A aiad Appendix B. Invoices for Eligible
Projects shall include evidence that payments have been made and any other documentadon the
County may reasonably xequire and shall be submitted no more frequently than quia,rterly.
B. The County will provide funding to each City for seven (7) years beginning in
Fiscal Year (F� 2013 Calendar Year (C� October, 2012 and based upon the lincal raad
&ontage of C�ulf Boulevard that is contained in each of the Cides as depicted ia the attached
tables contained in Appendix A and Appendix B. Appendix A depicts the maximum County
allocatian to eaah City £or FY 2013 — FY 2016 for a total allocation of $3.5 million in each of the
four (4) fiscal years between FY 2013 and FY2016. Appendix B depicts the maxim,um Caunty
allocation to each City for FY 2017 — FY 2019 for a total allocation of $7.0 million in each of the
three (3) fiscal years between FY 2017 and FY 2019. Appendix C depicts the total allocation to
ea�ch City based on $35 million projccted funding for the Improvement Plan by the County.
C. The County shall retain all funds umtil payment is made ta the Cities as provided
for ia this Agreement. Any funds not reimbursed to a Ciiy in a fiscal year will rollover each year
until the teraunation of this Agreement. Eligible Pmject costs shall not exceed the amount
depicted in Appendix C. In the event a City elects not to complete an Eligible Project on the
Improvement Plan, the reimbursabl� cost of the Eligible Pmject is less than thc sum allocated to
a City in Appendix C, or funds arc not otherwise paid to a City prior to thc expiration of the term
or terttunation of this Agreement, said funds shall be retained by the County for uses salely
within the discretion of the County.
D. The sums payable to the Town of Belleair Shore may be paid to the Town of
Belleair Beach for Eligible Projects shared by these two Cities.
Page 3
E. The County is not obligated to provide any support related to the Eligible Projects
beyond the fwading described in the Agr�ement.
Section 3. CTI'IES' RES ONSTBII,IT S.
A. The Cities shall be solely responsible for designing, contracting and managing
campledon of Eligible Projects. The Cities shall be obligated ta provide and procure all permits
and licenses, pay a11 char�es and fees and give all notices necessary and incidental to the lawful
perForm�nce of the work, done related to this Agreement, including but not limited to ri�ght of
way utilization permits from the County. The Cities shall be responsible for maintainixig,
repairing, replacing and upgrading Eligible Projects in perpetuity.
B. The Cities shall be responsibl� for assuring that providers of services performed
pursuant to this Agreemez�t comply with ail applicable lacal, state and federal directives, orders
and laws, including but not limitcd to Equal Employmcnt Opportunity (EEO), Minority Business
Enterprise (MBE) and Occupational Safety and Health Administration (OSHA),
C. Each City shall indemnify, defend, and hold harmless thc County and all of its
afficers, agents and emplayees from any claim, loss, damage, cost, charge or expense arising out
of any act, error, omission, or negligent act by each individual City, its agents, or employees,
arising from or during its performance of tlus Agreement, firom the construction, operation,
tnaintenance, repair or replacement by each individual City of its Eligible Project, except that
neither the Cities, their agents, nor their employees will be liable under this paragraph for any
clairn, loss, damage, cost, charge, or expense arising aut of �ny act, error, omissian, or negligent
act by the County or any of its officers, agents or employees during the performan�ce of the
Agreement.
Page �4
Section 4. NON-AFPROPRiATION.,
The Agreement is not a general obli�tion of the County. It is understaod that neither
this Agreement nor any representation by any County official, office�r or employee creates any
abligation tn appropriate or make moni�s available for the purposes of the Agreement beyond the
fiscal year ia which this Agreement is execut�d. The obligations of the County as to fundi.ng
required pursuant to the Agreement shall be limited to an obligation in any given year to budget
and appropriate from legally available SuRax procceds, after funding secured obligations ox
loans, essential aad necess�ry inf�astructure services far jail and criminal justice related facilities
and other obligations contained in the terms of the April 22, 2008 Interlocal Agreement,
activities in the Finellas County Capital Improvement Program fwided by the Surtax proceeds
(Penny for Pinellas), and events, which in the sole discretion of the Couaty, constitute an
emergency requiring the use of Surtax funds. No liability shall be incurred by the County
beyond the monies budgeted �nd available for thc purpose of the Agreemen� If fund.s are not
appropriated by the County far �ay or all of this A,greement for a new fiscal period, the County
shall not be obligatal to pay any sums provided pursuant to this Agreement beyond the poriions
for which were appropriated. The County a� to prompdy notify the Cities in writing of such
failure of appropriation, and upon such notice, this Agreemen,t shall tenninate on thc last day of
the current fiscal yeair without penalty to the Caunty and all unexpended fiands shall be retained
by the County. Alternatively, the County in its sale discretion, may fund particular Eligible
Proje.cts based on a proportiona�te reduction Qf �lE allocation to each City in an amount
determined by the County. Notwithstanding the foregoing, the County shall not be prohibited
from pledging any legally available Surtax proceeds for any obligations heretoforc or hereafter
incurred, which pledge shall be prior and supe�rior to a�y abligations of the County pursuant to
PagB S
the Agreemen�
Section 5. TERM QF AGREEMENT,
A. The term of this Agi�eem�nt shall commence upon the date the Agreement has
been executed by all Cities and the County and end in FY 2Q19 (CY September 30, 2019).
B. Obligations under this Agi�eement which by their nature should survive, including,
but not limited to any and all obligations relating to record retention, indemnification and
maintenance and operation of the Eligible Projects will remain in effect after termination or
expiration of tius A�rreemen�
Section 6. AUDIT.
County reserves the right to audit Cities' records as such records relate to this Agreement.
County shall have access to such records on a reasonable basis from the effective date of the
Agreement, fox the duration of the Agreement and until thirty-six (36) mo�ths after the date of
the fmal payment by the County to the Cities.
Section 7. NON-DISCRIMIIVATION.
The Cities and the Caunty shall not discriminate against any applicant for employment or
employee with respect to hire, tenure, terms, conditions or privileges of employment or any
mattex directly or indirectly related to employment becausc of age, sex, race, color, religion,
national origin or disability. The Cities and the County shall, during the performance of this
Agreement, comply with all applicable proviaions of federal, state and local laws aiad regulations
pertaa.ning to prohibited discrimination,
Seetion 8. AMENDMENTS TO THE AGREEMENT.
Any amendment to this Agi�eement must be in writing and appmved by all of the Cities
and the County.
Page 6
Section 9. FIL G OF AGREEME .
This Agreemcnt shall be filed wi�tb, the Clerk of the Circuit Court, as provided in Section
163.01(11), Florida Statutes.
matter.
Settion 10. EXECUT�ON OF AGREEMENT.
This Agreement may be signed in counterparts by the Cities and Cownty hez�eto.
Section 11. PRIOR AGREEMENT SUPERSEDED.
This Agreeme,nt supersedes any prior agreements between the parties on this subject
�ADDITIONAL S�GNATURE PAGES FOLLOW�
Page 7
IN WITTVESS WHEREOF, the parties to this Agreement have caused their n�ames to be
affixed by the proper officers thereof, as of the day and yeaz first above written.
ATTEST:
KEN BURKE, CLRRK
�
Deputy Clerk
�INELLAS COUNTY, FLORIDA, BY AND
THR�UGH ITS BOARD OF CO[TNTY
COMMISSIONERS
�
Cha�irman
APPROVED AS TO FORM
OFFICE OF THE C�UNTY ATTORNEY
�
Managing Assistant County Attorney
� ADDITIONAL SIGNATURE PAGES FOLLOW �
H:\USERSIATYKB031WPDOCS�BARBARA�Public Works�(iulf Blvd. Improvements�Pinclles Interlocel Agreement 09-23-
1 l.doc
Page 8
ATTEST:
:
City Clcrk
TOWN OF BELLEAIR SEACH
�
Page 9
Mayor
ATTEST:
TOWN OF BELLEAIR SHORE
By: By:
City Clerk Mayor
Page 10
ATTEST:
By: �..�.--� ' �a�j
Ci Clerk - Rosemarxe Call � j
�
��.�: ��
crrY oF cr.�wa�R
By. " �. �
CityManager - William B. Horne IT
ryEC/�
�
` .�... Q
APPROVED AS TO FORM: ��� 0
r
� �� y�
$y: '�'ATE��
P mela K. Akin
City Attorney
Page 11
ATTEST:
�
City Clerk
CITY OF iNI]IAN ROCKS BEACH
�
Page 12
Mayor
ATTEST:
w
Cltj► L'iCPIC
TOWN OF INDIAN SHORES
By:
Page 13
�yaT
ATTEST:
��
Ciiy Clerk
Page l4
CITY OF MADEIIZA BEACH
:
Mayor
►:�rr���
�
City Clerk
TOWN OF NORTH REDINGTON BEACH
�
Page 15
Mayor
ATTEST:
�
City Clerk
TOWN �F RED]NGTON SHORES
�
Page 16
Mayor
AITEST:
�
City Clerk
Page 17
CITY OF REDINGTON BEACH
�
Mayor
ATI'EST:
�
City Clerk
Page 1$
CITY OF ST. PETE SEACH
�
Mayor
ATTEST:
�
City Manager
CITY OF TREASURE ISLAND
�
Page 19
Mayar
APPENDIX A
FY 20].3 — FY2016
(Allocallon Each Year Begin�ning CY October, 2012)
Yearly FYZ013-201.6
City/Town ROW Footage % of Footage �ocation Total
Clearwater 45,796 19.166$% $670,838 $2,683,352
Belleair Beach 14,471 6.0565% $211,977 $847,908
Belleair Shore 5,a31 2.2730% �79,SS5 $318,220
IndBn�R�OCIr�s 27,982 ].1.7112% $409,892 �1,639,568
Indian Shores 27,364 11.4525% $400,837 �1,603,348
Redington 11,76Q 4.92].9% $172,266 $689,D64
Shores
No. Redington 7�g54 3.3290°/a $].1.6,515 $466,060
Beach
Redin�gton 10,d38 4.4523°/a $155,830 $623,320
Beaeh
Beach� 22,524 9.4269% S3Z9,941 $1,319,764
TIslande 25,78G 10.7921% $377,723 $1,510,89Z
3t. Pete Beach 39,228 16.4179% $574,626 $2,298,504
Totuls �38,93� 100% $3y500,Q00 $14,OQ0,000
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APPENDIX B
FY 2017 — FY2019
(Alloc�tion Each Year Beginniug CY October, 2016)
City/Town ROW Footage % of Footage Y�r�' i+'Y2017-
Allocation FY�Ol.9 Total
Clearwster 45,796 19.1668% $1,341,b76 $4,025,028
Belleair Seach 1.4,471 6.0565% $423,954 $1,271,862
Belleair SLore 5,43� 2.2730% $]�59,110 $477,330
Indi�an Reucks Z��8Z X1.7112% $8].9,784 �2,459,352
Beach
Indian 3hores 27,364 11.4525% $801,674 $x,40S,022
Redington �1,760 4.9219% �344,532 $].,033,596
Shores
No. RB�� on ���4 3.3290% $233,030 $699,090
Rediagton 10,638 4.�SZ3% $311,660 $934,980
Beach
Maderrs Z���4 9.�269% $659,882 51,979,b46
Beach
TIslaod ?.5,786 10.7921% $755,446 $2,266,338
S� Pete Beach 39,228 16.4179% $1.,149,252 $3,447,756
Tatals 238�934 XOp% $7,000,000 $21,000,000
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APPENDIX C
FY 2p13 — FY2019
(Total Allocation for Each City/Tawn)
Ci�,�,I,pW� FYZ013- FY2017- Total Prnject
FY201b Total FY�019 Total Allotment
Clearwater $2,683,352 $4,025,OZ8 $6,7Q8,380
Belleair Beach $847,908 $].,271.,86Z $2,].X9,770
Belleair Shorc $31$,220 �477,330 $795,550
Ltdian Rocics $1��39,568 $z,459,352 $4,09$,920
Beach
Indian SLores 51,603,348 $z,4Q5,0z2 54,008,370
Redington �689,064 $1,033,596 $1,722,66Q
Shores
No. Rediington $466,060 $699,090 $1,165,150
Beach
Redingtun $623,3Z0 $934,980 $1,558,300
Beach
Madeira ����9�76� $1,979,646 $3,z99,41Q
Beach
Treasure $1,510,89Z $2,266,338 $3,777,230
Island
S� Pete Beaeh $2,298,504 $3,447,756 $5,746,260
Totals $14,000,000 $21,Q00,000 535,000,000
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