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17-17RESOLUTION 17 -17 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, REGARDING THE PROPOSED EXTENSION OF THE ONE -CENT LOCAL GOVERNMENT INFRASTRUCTURE SURTAX OTHERWISE KNOWN AS THE PENNY FOR PINELLAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Penny for Pinellas program was initiated by a referendum held in 1989 for a 10 -year period beginning in 1990 and included many important county and municipal infrastructure improvements; and WHEREAS, the program was extended by a referendum held in 1997 with the program being extended from 2000 to 2010; and WHEREAS, the program was extended by a referendum held in 2007 with the program being extended from 2010 to 2020; and WHEREAS, the program has provided funding for many critical community projects as well as provided funding for key countywide facilities; and WHEREAS, Pinellas County in cooperation with the municipalities of the county is now developing a program of projects for a Penny program for the time period 2020 to 2030; and WHEREAS, Pinellas county plans to hold a referendum for the extension of the Penny for Pinellas another 10 years from 2020 to 2030 in November of 2017 to fund that program of projects; and WHEREAS, the City wishes to go on record indicating its support for a referendum and the extension of the Penny program due to the considerable public benefit that it provides; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That the City of Clearwater goes on record as supporting the Board of County Commissioners scheduling of a referendum, and of the extension of the Penny for Pinellas program for 2020 to 2030. Section 2. The proposed project list, a copy of which is attached hereto as Exhibit A is hereby approved. Resolution No. 17 -17 Section 3. The Interlocal Agreement with Pinellas County, a copy of which is attached hereto as Exhibit B is hereby approved. Section 4. That this resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED THIS 15th day of April, 2017 Approved as to form: k- at- Pamela K. Akin City Attorney - ctewtQ A come Vkof George N. Cretekos Mayor Attest: Rosemarie Call City Clerk Resolution No. 17 -17 Penny for Pinellas Extension City of Clearwater Proposed Projects 2020 -2030 Project Title Budget Utilities Infrastructure 20,000,000 Major League Baseball Facilities 7,500,000 Second Century Projects 8,000,000 Fire Engines /Ladder Trucks 8,560,000 Police Vehicles 1,750,000 Police District III (Countryside Sub Station) 5,500,000 Neighborhood and Community Parks Renovations 3,500,000 Youth Sports Fields Renovations 5,000,000 Recreation Trails 2,500,000 McMullen Tennis Complex Expansion 2,000,000 Environmental Park Upgrades 1,500,000 Beach Marina Upgrades 15,000,000 Public Works Complex 12,300,000 City Hall 6,300,000 Downtown Parking Garage 10,500,000 Sand Key Bridge Replacement Fund 30,000,000 Total Proposed Penny IV Projects 139,910,000 Resolution No. 17 -17 Exhibit A INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT ( "Agreement ") is made and entered into as of this of , 20, by and between Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the "County," and the municipalities within Pinellas County as set forth on the signature pages attached hereto, hereinafter referred to as the "Cities." RECITALS: WHEREAS, Section 212.055(2), Florida Statutes, authorizes the County to levy a local government infrastructure sales surtax of one percent (1 %) throughout Pinellas County, Florida ( "Infrastructure Sales Surtax "), subject to referendum approval; and WHEREAS, as provided by Section 212.055(2)(c)1, Florida Statutes, the net proceeds of the surtax may be distributed as provided in an interlocal agreement; and WHEREAS, the County and the Cities recognize a continuing need to fund critical infrastructure improvements, and the County intends to adopt an ordinance calling for a referendum on the question of extending the Infrastructure Sales Surtax for an additional ten (10) year period at an election to be held on November 7, 2017 ( "Extension "); and WHEREAS, the parties further recognize that it is in the best interest of the County and the Cities to enter into an interlocal agreement that will run concurrently with the Extension of the Infrastructure Sales Surtax, if approved by the electorate, for the purpose of providing for the distribution among the County and the Cities as provided herein. NOW, THEREFORE, in consideration of the covenants herein contained, and other good and valuable consideration, the County and the Cities agree as follows: Section 1. CONDITIONS PRECEDENT This Agreement shall become effective on the Commencement Date set forth in Section 4, so long as the following conditions precedent have been satisfied: Resolution No. 17 -17 Exhibit B A. Approval by Pinellas County voters of the Extension of the Infrastructure Sales Surtax; and B. Execution of the Interlocal Agreement by the County and the governing bodies of the municipalities representing a majority of the County's municipal population as required by § 212.055(2)(c)1, Florida Statutes. Section 2. DISTRIBUTION OF INFRASTRUCTURE SALES SURTAX A. "Net Proceeds" shall mean the amount of the Infrastructure Sales Surtax collected in Pinellas County by the Florida Department of Revenue, less the Department's administrative costs, as provided by law. B. As provided by law, the Infrastructure Sales Surtax shall be collected by the Florida Department of Revenue and the Net Proceeds shall be distributed monthly to the County. C. The Net Proceeds shall be distributed by the County in accordance with the terms of this Agreement within a reasonable time after receipt as follows: (1) Countywide Investments will be funded in the total amount of 11.3% of the Net Proceeds collected over the ten (10) year term of this Agreement. Therefore, before the County distributes the Net Proceeds received by it pursuant to the distribution set forth in subsection (2) below, it shall apply 11.3% of Net Proceeds to fund Countywide Investments in the following project categories: a. "Economic Development Capital Projects" as authorized in Section 212.055(2)(d)3., Florida Statutes and "Housing" (Land Acquisition in support of residential housing as authorized in Section 212.055(2)(d)1.e., Florida Statutes) b. Jail and Courts Facilities TOTAL COUNTYWIDE INVESTMENTS 8.3% of Net Proceeds 3.0% of Net Proceeds 11.3% OF NET PROCEEDS Net Proceeds dedicated to Economic Development Capital Projects and Housing shall be used in accordance with guidelines set forth by a joint review committee established by resolution Resolution No. 17 -17 Exhibit B of the Board of County Commissioners. The committee shall consist of representatives from parties to this Agreement. The committee may impose reporting requirements to ensure compliance with Section 212.055(2)(d)3., Florida Statutes, that allows allocation of up to 15 percent of Net Proceeds for funding economic development projects. Economic Development Capital Projects shall be limited to capital projects that support job retention and creation. (2) The remainder of the Net Proceeds will be distributed as follows: Pinellas County 51.7523% Belleair 0.2783% Belleair Beach 0.1112% Belleair Bluffs 0.1463% Belleair Shore 0.0079% Clearwater 7.9957% Dunedin 2.5651% Gulfport 0.8761% Indian Rocks Beach 0.3111% Indian Shores 0.1020% Kenneth City 0.3589% Largo 5.8044% Madeira Beach 0.3098% N. Redington Beach 0.1027% Oldsmar 1.0124% Pinellas Park 3.7349% Redington Beach 0.1030% Redington Shores 0.1559% Safety Harbor 1.2282% St. Pete Beach 0.6725% St. Petersburg 18.4607% Seminole 1.3119% South Pasadena 0.3619% Tarpon Springs 1.7528% Treasure Island 0.4841% D. In the event any municipality in Pinellas County does not sign this Agreement, or notifies the County in writing after signing this Agreement that it does not wish to receive any undistributed Net Proceeds to which it is entitled, its percentage of proceeds shall be distributed pro -rata to the other parties in accordance with the formula set forth in Section 2(C)(2) (after excluding such City's percentage). Resolution No. 17 -17 Exhibit B Section 3. EXECUTION This Agreement may be signed in counterparts by the parties hereto. Section 4. TERM OF AGREEMENT The term of this Agreement shall run concurrently with the levy of the Infrastructure Sales Surtax, with said levy proposed for a ten (10) year period, commencing on January 1, 2020 ( "Commencement Date ") and ending December 31, 2029. Section 5. ANNUAL REPORTING REQUIREMENTS A. Each City signing this Agreement shall annually post on its official website in the same manner as required by Section 166.241(3), Florida Statutes, its Capital Improvement Plan and shall identify therein any material changes in the projects funded by the Infrastructure Sales Surtax. If the City does not operate an official website, the City shall transmit its Capital Improvement Plan and identify therein any materials changes in the projects funded by the Infrastructure Sales Surtax to the County who shall post said plan on the County's website. B. The County shall annually post on its official website in the same manner as required by Section 129.03(c), Florida Statutes, its Capital Improvement Plan and shall identify therein any material changes in the projects funded by the Infrastructure Sales Surtax. Section 6. PRIOR INTERLOCAL SUPERSEDED. The distribution terms of this Agreement shall supersede the distribution formula contained in the prior interlocals between the parties hereto, and the distribution of the Infrastructure Sales Surtax shall be governed specifically by the terms of this Agreement as of the Commencement Date. During the period between when this Agreement is approved by the parties hereto and the Commencement Date, the Infrastructure Sales Surtax shall be distributed in accordance with the Interlocal Agreement dated April 29, 2008, which terminates on December 31, 2019. Resolution No. 17 -17 Exhibit B Section 7. SEVERABILITY If any provision of this Interlocal Agreement is held invalid, the invalidity shall not affect other provisions of the Interlocal Agreement which can be given effect without the invalid provision or application, and to this end, the provisions of this Interlocal Agreement are severable. Section 8. AMENDMENTS TO AGREEMENT This Agreement may be amended, in writing, upon the express written approval of the governing bodies of all the parties. Section 9. FILING OF AGREEMENT This Agreement shall be filed with the Clerk of the Circuit Court as provided in Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof, as of the day and year first above written. ATTEST: PINELLAS COUNTY, FLORIDA, by and KEN BURKE, CLERK through its Board of County Commissioners By: By: Deputy Clerk Chair [SEAL] ProLaw 83181 APPROVED AS TO FORM By: Office of the County Attorney Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: TOWN OF BELLEAIR By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF BELLEAIR BEACH By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF BELLEAIR BLUFFS By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: TOWN OF BELLEAIR SHORE By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF CLEARWATER By: By: City Clerk City Manager COUNTERSIGNED: By: Mayor APPROVED AS TO FORM By: City Attorney Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF DUNEDIN By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. CITY OF GULFPORT, FLORIDA By: City Manager ATTEST: By: APPROVED AS TO FORM AND CORRECTNESS By: City Clerk City Attorney Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF INDIAN ROCKS BEACH By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: TOWN OF INDIAN SHORES By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: TOWN OF KENNETH CITY By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF LARGO By: By: City Manager Mayor [SEAL] REVIEWED AND APPROVED: By: City Attorney ATTEST: By: City Clerk Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF MADEIRA BEACH By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: TOWN OF NORTH REDINGTON BEACH By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF OLDSMAR By: By: City Clerk Mayor APPROVED AS TO FORM By: City Attorney Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF PINELLAS PARK By: By: City Clerk Mayor APPROVED AS TO FORM AND CONTENT By: City Attorney Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: TOWN OF REDINGTON BEACH By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: TOWN OF REDINGTON SHORES By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF SAFETY HARBOR By: By: City Clerk Mayor APPROVED AS TO FORM By: City Attorney Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF ST. PETE BEACH By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF ST. PETERSBURG By: By: City Clerk Mayor APPROVED AS TO FORM AND CONTENT: By: City Attorney (designee) Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF SEMINOLE By: By: City Clerk Mayor APPROVED AS TO FORM: By: City Attorney Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF SOUTH PASADENA By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF TARPON SPRINGS By: By: City Clerk Mayor Resolution No. 17 -17 Exhibit B IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: CITY OF TREASURE ISLAND By: By: City Manager Mayor Resolution No. 17 -17 Exhibit B