INTERLOCAL AGREEMENT - ONE PERCENT SALES SURTAXINTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of
this cO"day of 0,ffeber , 2026, by Pinellas County, a political subdivision of the State
of Florida, hereinafter referred to as the "County" and the City of Clearwater, hereinafter referred
to as the "City"
RECITALS
WHEREAS, Section 212 055(2), Florida Statutes, authorizes the County to levy a local
government infrastructure sales surtax ("Surtax") of one percent (1 %) throughout Pinellas
County, Florida, subject to referendum approval, to finance, plan and construct infrastructure as
defined therein, and
WHEREAS, on November 7, 1989, the levy of the Surtax for an initial ten (10) year
period was approved by a majority of those voting on the question at a referendum, and the
County and municipalities representing a majority of the incorporated population entered into an
interlocal agreement dated September 19, 1989, providing for the distribution of the Surtax,
which expired on January 31, 2000, 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 municipalities representing a majorrty of the incorporated population entered into an
interlocal agreement dated August 6, 1998, providing for the distribution of the Surtax, which
expired on January 31, 2010, and
WHEREAS, on March 13, 2007, the extension of the Surtax for an additional ten (10)
Years (Penny III) was approved by a majority of those voting on the question at a referendum
and the County and municipalities representing a majority of the incorporated population entered
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into an interlocal agreement dated April 29, 2008 providing for the distribution of the Surtax,
which expired on December 31, 2019, and
WHEREAS, on November 7, 2017, the extension of the Surtax for an additional ten (10)
years ("Penny IV") was approved by a majority of those voting on the question at a referendum
and the County and municipalities representing a majority of the incorporated population entered
into an interlocal agreement dated August 1, 2017 providing for the distribution of the Surtax,
which expires on December 31, 2029, and
WHEREAS, the County recognized that the Pinellas County Gulf Boulevard
Improvement Program - April 2007 ("Improvement Plan") is of countywide importance and
may be funded by the Surtax, and the County was willing to contribute to the costs of the
Improvement Plan projects from the County's share of the Surtax and did so through an interlocal
agreement with the City of Belleair Beach, Town of Belleau Shore, City of Clearwater, City of
Indian Rocks Beach, Town of Indian Shores, City of Madeira Beach, Town of North Redington
Beach, Town of Redmgton Beach, Town of Redmgton Shores, City of St Pete Beach, and the
City of Treasure Island (hereinafter referred to as the "Cities") dated July 10, 2012 ("Penny III
Gulf Blvd Interlocal"), and
WHEREAS, the Penny III Gulf Blvd Interlocal agreement expired September 30, 2019,
but the County on August 20, 2019, by Resolution 19-55 elected to continue to provide funding
to the Cities to allow them to complete work contemplated to be done under the expired
agreement through September 30, 2021, and
WHEREAS, the Improvement Plan remained incomplete and would not be completed
through the remaining projects and funding from the expired Penny III Gulf Blvd Interlocal and
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the County recognized that the completion of the Improvement Plan continued to be of
countywide importance,
WHEREAS, the County and the Cities entered into a separate interlocal agreement
("First Penny IV Gulf Beautification Interlocal") for the County to contribute an additional sum
not to exceed $35 million ("Penny IV Assistance"), on a reimbursement basis, for costs of the
Improvement Plan projects from the County's share of the Penny IV Surtax the term of which ran
through September 30, 2026, and
WHEREAS, elements of the Improvement Plan remain incomplete and the County and
the City desire to complete scope of work from the First Penny IV Gulf Beautification Interlocal
relating to the City's Eligible Projects as depicted in the Agreement as the Mandalay Channel
pedestrian bridge underpass construction and the illuminated crosswalks along the major
pedestrian corridors on the beach near Pier 60/Coronado, S Gulfview at Bayway/Parkway
Drive/Gulf Blvd ("City Project Elements"), and
WHEREAS, there remains $147,388 81 of the up to $750,000 that the County
committed to these portions of the Improvement Plan by the First Penny IV Gulf Beautification
Interlocal
NOW, THEREFORE, in consideration of the covenants herein contained, and other
good and valuable consideration, the County and City agree as follows
Section 1 CONDITIONS PRECEDENT
This Agreement will be effective upon final execution by the City and the County
Section 2 COUNTY'S RESPONSIBILITIES
A The County agrees to fund a sum not to exceed $147,388 81 ("Penny IV Assistance"), on
a reimbursement basis, from its Penny IV Surtax proceeds for City Project Elements, as
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defined herein, consistent with the Improvement Plan Expenditures for the actual cost of
the projects by the City consistent with the Improvement Plan and the requirements of
Section 212 055(2), Florida Statutes, will be reimbursed by the County if certification has
been presented by the City seeking reimbursement and the Barrier Islands Government
Council (BIG C) that the expenditure is a subpart of and in conformance with the
Improvement Plan ("Eligible Projects") and the requirements of Section 212 055(2),
Florida Statutes The Penny IV Assistance to the City as continued herein will be
expended solely on the remainder of the City of Clearwater $750,000 Penny IV
Assistance for the Eligible Project work
B The Clearwater Penny IV Assistance amounts may be expended on the above described
City Project Elements at any time during the term of this Agreement but invoicing for
reimbursement from the County for the City Project Elements is limited to and will not
exceed the lesser of either the amount budgeted in County Fiscal Year 2026-2027 for the
City's Penny IV Assistance, or the cumulative total of amounts paid under this
Agreement and the First Penny IV Gulf Beautification Interlocal Invoices for the City
Project Elements must include evidence that payments have been made on or prior to
March 31, 2027 and any other documentation the County may reasonably require and
may be submitted to the County for reimbursement no later than April 15, 2027 Eligible
reimbursable expenditures include advanced payments for Duke Energy or another utility
provided under a Binding Cost Estimate or similar agreement as a condition of
scheduling, commencing, or completing an Eligible Project, provided that the City
submits evidence of the executed agreement and payment Such payments may be
reimbursed before the related utility work is completed, subject to final completion
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documentation, cost reconciliation and payment to the County of all refunds or credits
received by the City
C The County will retain all funds until payment is made to the City as provided for in this
Agreement Any funds not reimbursed to the City pursuant to this Agreement will be
retained by the County for uses solely within the discretion of the County
D The County is not obligated to provide any support related to the City Project Elements
or Eligible Projects beyond the funding described in the Agreement
Section 3 CITY'S RESPONSIBILITIES
A The City is solely responsible for designing, contracting and managing completion of the
City Project Elements The City must provide and procure all permits and licenses, pay
all charges and fees and give all notices necessary and incidental to the lawful
performance of the work done related to this Agreement, including but not limited to
right of way utilization permits from the County or the state The City is responsible for
maintaining, repairing, replacing and upgrading the City Project Elements and all Eligible
Projects in perpetuity
Within 30 days of execution of this interlocal agreement by the City, the City must
provide to the County Administrator, in writing and in a form acceptable to the County, a
detailed work plan reflecting the intended projects, including expected timelines and
anticipated expenditures through March 31, 2027
B The City is responsible for assuring that providers of services performed pursuant to this
Agreement comply with all applicable local, state and federal directives, orders and laws,
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including but not limited to Equal Employment Opportunity (EEO), Minority Business
Enterprise (MBE) and Occupational Safety and Health Administration (OSHA)
C The City must provide requests for reimbursement under this Agreement to the Pinellas
County Office of Management and Budget in accordance with the limitations of this
Agreement The City must pay the County all refunds or credits received from a utility
provider the costs of which the County has reimbursed an advanced payment
D The City hereby agrees to indemnify, defend, and hold harmless the County and all of its
officers, agents and employees from any claim, loss, damage, cost, charge or expense
arising out of any act, error, omission, or negligent act by the City, its agents, or
employees, arising from or during its performance of this Agreement, from the
construction, operation, maintenance, repair or replacement by each individual City of the
City Project Elements or its Eligible Project, except that neither the City, their agents, nor
their employees will be liable under this paragraph for any claim, loss, damage, cost,
charge, or expense arising solely out of any act, error, omission, or negligent act by the
County or any of its officers, agents or employees during the performance of the
Agreement
Section 4 NON -APPROPRIATION
This Agreement is not a general obligation of the County It is understood that neither
this Agreement nor any representation by any County official, officer or employee creates any
obligation to appropriate or make monies available for the purposes of the Agreement beyond the
fiscal year in which this Agreement is executed The obligations of the County as to funding
required pursuant to the Agreement are limited to an obligation in any given fiscal year to budget
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and appropriate from legally available Penny IV Surtax proceeds, after funding secured
obligations or loans, essential and necessary infrastructure services for jail and criminal justice
related facilities and other obligations contained in the terms of the August 1, 2017 Interlocal
Agreement, activities in the Pinellas County Capital Improvement Program funded by the Surtax
proceeds (Penny for Pinellas), and events, which in the sole discretion of the County, constitute
an emergency requiring the use of Surtax funds No liability to the City will be incurred by the
County beyond the monies budgeted and available for the purpose of the Agreement If funds are
not appropriated by the County for any or all of this Agreement for a new fiscal period, the
County is not obligated to pay any sums contemplated by this Agreement beyond the portions for
which funds were appropriated The County agrees to promptly notify the City in writing of any
subsequent non -appropriation, and upon such notice, this Agreement will terminate on the last
day of the current fiscal year without penalty to the County and all undistributed funds will be
retained by the County Notwithstanding the foregoing, the County is not prohibited from
pledging any legally available Surtax proceeds for any obligations heretofore or hereafter
incurred, which pledge will be prior and superior to any obligations of the County pursuant to
this Agreement
Section 5 TERM OF AGREEMENT
A The term of this Agreement will commence upon the date the Agreement has been
executed by the City and the County or October 1, 2026, whichever is later, and end upon the
last payment to the City by the County contemplated hereunder, but in no event later than
September 30, 2027
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B Obligations under this Agreement which by their nature should survive, including, but
not limited to any and all obligations relating to record retention, audit, indemnification and
maintenance and operation of the City Project Elements or Eligible Projects will remain in effect
after termination or expiration of this Agreement
Section 6 AUDIT
County reserves the right to audit City's records as such records relate to this Agreement
County will have access to such records on a reasonable basis from the effective date of the
Agreement, for the duration of the Agreement and until five (5) years after the date of the final
payment by the County to the City
Section 7 NON-DISCRIMINATION
The City and the County will not discriminate against any applicant for employment or
employee with respect to hire, tenure, terms, conditions or privileges of employment or any
matter directly or indirectly related to employment because of age, sex, race, color, religion,
national origin, sexual orientation, or disability The City and the County will, during the
performance of this Agreement, comply with all applicable provisions of federal, state and local
laws and regulations pertaining to prohibited discrimination
Section 8 AMENDMENTS TO THE AGREEMENT
Any amendment to this Agreement must be in wrrtmg and approved by the City and the
Section 9 FILING OF AGREEMENT
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County
This Agreement will be filed with the Clerk of the Circuit Court, as provided in Section
163 01(11), Florida Statutes
Section 10 EXECUTION OF AGREEMENT
This Agreement may be signed in counterparts by the City and County
Section 11 PRIOR AGREEMENT SUPERSEDED
This Agreement supersedes any prior agreements between the parties on this subject
matter
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed by the proper officers thereof, as of the day and year indicated on each signature page
<ADDITIONAL SIGNATURE PAGES FOLLOW>
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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]
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Clearwater Gulf Boulevard Penny IV Interlocal Agreement 2 Doc No 585382
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 CLEAR . ATER
40,1014,1
COUNTERSIGNED
By
Bru
APPROVED AS TO FORM
Melissa .s�,
OduitatetA+axl'plrui
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