Tuesday, October 7, 2014

Pinellas County PSTA Interlocal Agreement Review - Sections 20, 21, 22 23, 24 and 25



Pinellas County Voters are being asked to approve a law (The GreenLight Plan) that would provide for an open ended 1% increase in the County sales tax.

You can read a review of the actual law you will approve if you vote yes at Sales Tax (GreenLight) Ordinance Review

Due to pressure from opponents of the Greenlight plan and the Sales tax ordinance, the Suncoast Transit Authority and the Pinellas County Commission found it necessary to develop the Interlocal Agreement before the election to add some direction to how the revenue from the 1% sales tax will be spent and to attempt to add some clarity regarding the suspension of the current PSTA Ad valorem property tax. 

DISCLAIMER:
The following document is a reproduction of the Pinellas County Interlocal Agreement with the Suncoast Transit Authority approved by the Pinellas County Commission.

The text of the Agreement appears in italics     My Comments appear in Bold regular text.

SECTION 20. NOTICES.
(A) Unless and to the extent otherwise provided in this Agreement, all notices, demands, requests for approvals and other communications which are required to be given by either Party shall be in writing and shall be deemed given and delivered on the date delivered in person to the authorized representative of the recipient below, upon expiration of five (5) business days following the date mailed by registered or certified mail, postage prepaid, return receipt requested, to the authorized representative of the recipient provided below, or upon the date delivered by overnight courier (signature required) to the authorized representative of the recipient provided below: TO THE COUNTY: County Administrator Pinellas County 315 Court Street Clearwater, Florida 33756 TOPSTA: Chief Executive Officer Pinellas Suncoast Transit Authority 3201 Scherer Drive St. Petersburg, Florida 33716 16
(B) Either Party may change its authorized representative or address for receipt of notices by providing the other Party with written notice of such change. The change shall become effective ten (10) days after receipt of the non-changing Party.

Standard contract language

SECTION 21. WAIVER.
No act of omission or commission of either Party, including without limitation, any failure to exercise any right, remedy or recourse, shall be deemed to be a waiver, release, or modification of the same.
Such a waiver, release, or modification is to be effected only through a written modification to this Agreement, duly authorized and executed by both Parties.

Standard contract language

SECTION 22. GOVERNING LAW.
This Agreement shall be construed m accordance with the Laws of the State of Florida.

Standard contract language but very important. This means violations of the Agreement resulting in litigation must be litigated in  accordance with Florida Law. It does not extend that same requirement to any GreenLight plan vendors, unless a similar clause is included in their contract with PSTA.

SECTION 23. BINDING EFFECT.
This Agreement shall inure to the benefit of and be binding upon the Parties' respective successors and assigns.

Standard contract language

SECTION 24. THIRD-PARTY BENEFICIARY.
Except for lenders, creditors, credit enhancers, concessionaires, lessors, bond trustees or other parties that are secured by Surtax Net Proceeds, persons not a party to this Agreement may not claim any benefit hereunder or as third-party beneficiaries. Notwithstanding the foregoing, to the extent that the County is required to defend any action brought by any such lender, creditor, credit enhancer, concessionaires, lessor, bond trustee or other party, all of the County's costs related to such defense shall be paid from legally available moneys of PSTA, which may include Surtax Net Proceeds, as an unsecured obligation of PSTA.

This Section reaffirms lenders, creditors, credit enhancers, concessionaires, lessors, bond trustees or other parties that are secured by Surtax Net Proceeds that they will be protected. This is one of several Sections that will tie up the proceeds from the sales tax for up to 90 years.

SECTION 25. HEADINGS.
The paragraph headings are inserted herein for convenience and reference only and in no way define, limit, or otherwise describe the scope or intent of any provisions hereof.

Standard contract language

Watch My Video Green Light - It's a Bad Law before you vote.

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Disclosures: Contributor to
No Tax for Tracks.
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