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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 Page 1 of 11 Clearwater Gulf Boulevard Penny IV Interlocal Agreement 2 Doc No 585382 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 Page 2 of 11 Clearwater Gulf Boulevard Penny IV Interlocal Agreement 2 Doc No 585382 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 Page 3 of 11 Clearwater Gulf Boulevard Penny IV Interlocal Agreement 2 Doc No 585382 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 Page 4 of 11 Clearwater Gulf Boulevard Penny IV Interlocal Agreement 2 Doc No 585382 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, Page 5 of 11 Clearwater Gulf Boulevard Penny IV Interlocal Agreement 2 Doc No 585382 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 Page 6 of 11 Clearwater Gulf Boulevard Penny IV Interlocal Agreement 2 Doc No 585382 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 Page 7 of 11 Clearwater Gulf Boulevard Penny IV Interlocal Agreement 2 Doc No 585382 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 Page 8 of 11 Clearwater Gulf Boulevard Penny IV Interlocal Agreement 2 Doc No 585382 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> Page 9 of 11 Clearwater Gulf Boulevard Penny IV Interlocal Agreement 2 Doc No 585382 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] Page 10 of 11 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 Page 11 of 11 Clearwater Gulf Boulevard Penny IV Interlocal Agreement 2 Doc No 585382