17-26RESOLUTION 17 -26
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING AN AMENDED INTERLOCAL
AGREEMENT REGARDING PENNY FOR PINELLAS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Resolution 17 -17 on April 25, 2017,
approving an Interlocal Agreement with Pinellas County regarding Penny for Pinellas; and
WHEREAS, the Pinellas County Commission subsequently amended the
Interlocal Agreement; and
WHEREAS, it is necessary to approve the attached amended Interlocal
Agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. The amended Interlocal Agreement with Pinellas County, a copy of
which is attached hereto as Exhibit A is hereby approved.
Section 2. That this resolution shall become effective immediately upon passage
and adoption.
PASSED AND ADOPTED this 3rd day of August, 2017.
-ate (it 1CrC1t 1)
George N. Cretekos
Mayor
Approved as to form: Attest:
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Resolution No. 17 -26
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:
(;.
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EXHIBIT
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) 8.3% of Net Proceeds
b. Jail and Courts Facilities
TOTAL COUNTYWIDE INVESTMENTS
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
of the Board of County Commissioners. The committee shall consist of professional staff with
subject matter expertise in economic development, planning, and /or housing. Committee
membership shall be comprised of three (3) professional staff members representing the County
and appointed by the County Administrator, two (2) professional staff members representing
the City of St. Petersburg and appointed by the Mayor of the City of St. Petersburg, and a single
professional staff member, appointed by the city's manager or elected body, of each of the cities
as noted below:
• One (1) member representing Clearwater;
• One (1) member representing Dunedin;
• One (1) member representing Largo;
• One (1) member representing Pinellas Park;
• One (1) member representing Belleair, Belleair Bluffs, Gulfport, Kenneth City,
Seminole, and South Pasadena;
• One (1) member representing Belleair Beach, Belleair Shore, Indian Rocks Beach, Indian
Shores, Madeira Beach, North Redington Beach, Redington Beach, Redington Shores,
St. Pete Beach, and Treasure Island; and
• One (1) member representing Oldsmar, Safety Harbor, and Tarpon Springs.
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).
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.
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]
APPROVED AS TO FORM
By:
Office of the County Attorney
ProLaw 83181
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: ICI
City Attorney