HOMELESS LEADERSHIP NETWORK INTERLOCAL AGREEMENT
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HOMELESS LEADERSHIP NETWORK
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into by and between PINELLAS COUNTY,
a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", the CITY
OF CLEARWATER, the CITY OF LARGO, the CITY OF PINELLAS PARK, the CITY OF ST,
PETERSBURG, the CITY OF TARPON SPRINGS, the JUVENILE WELFARE BOARD OF
PINELLAS COUNTY, and the SCHOOL BOARD OF PINELLAS COUNTY, which shall
hereinafter be referred to as "LEADERSHIP COUNCIL".
WITNESSETH:
WHEREAS, the issue of homelessness impacts all jurisdictions of Pinellas County, and
is a quality of life issue concerning County residents; and
WHEREAS, it is in the best interests. of homeless persons, the general citizenry,
residents and the affected institutions of Pinellas County to work jointly on solutions to
homelessness; and
WHEREAS, over the past several months a partnership of public institutions, non-profit
entities and the private sector, known as the "Homeless Policy Group", have examined the
problems and potential solutions to address this issue; and
WHEREAS, solving homelessness will require effective services to individuals coupled
with policy solutions in the fields of housing, health and social service care, transportation and
employment; and
WHEREAS, Section 163.01 Fla. Stat. provides that agencies of local governments may
establish collaborative organizations in which diverse local public agencies may share
information in order to positively influence the needs and development oflocal communities; and
WHEREAS, representatives of the public agencies involved in looking at these issues
have determined that fonnalization of the "Homeless Policy Group" will more effectively
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confront this problem on a County wide basis through a Leadership Network to be made up of
two equal partners: 1. a Leadership Council consisting of elected representatives of governmental
agencies, and 2. a Community Council consisting of representatives of private agencies
addressing homelessness issues in the County; and
WHEREAS, the LEADERSHIP COUNCIL IS an organization created pursuant to
Section 163.01 Fla. Stat. for the purpose of addressing the homelessness issue in Pinellas County;
and
WHEREAS, the LEADERSHIP COUNCIL seeks to examine issues relating to how
homelessness impacts the County; and
WHEREAS, the LEADERSHIP COUNCIL seeks to encourage appropriate
consolidation of homeless programs for improved efficiency and effectiveness; and
WHEREAS, the LEADERSHIP COUNCIL desires to develop local solutions to
homelessness in Pinellas County; and
WHEREAS, Section 163.01 Fla. Stat. provides that assignment of duties and
responsibilities pursuant to this Agreement requires that the LEADERSHIP COUNCIL designate
a precise organization and membership; and
WHEREAS, the LEADERSHIP COUNCIL will have greater options for achieving the
goals of the Homeless Policy Group.
NOW, THEREFORE, in consideration of the mutual promises contained herein and
given by each party to the other, the PARTIES hereto covenant and agree as follows:
Section 1.
INCORPORATION BY REFERENCE
That the recitations set forth above are incorporated herein by reference in their entirety.
Section 2.
LEGAL AUTHORITY.
This Agreement is entered into pursuant to the provisions of Sections 163.01, et seq., the
Florida Interlocal Cooperation Act of 1969. The PARTIES entering into this Agreement are fully
cognizant of the constitutional limitations on the transfer of powers as set forth in Article VIII,
Section 4 of the Constitution of the State of Florida and it is the express purpose of this
Agreement only to enter into a contract for the purpose of establishing a collaborative network
addressing homelessness issues and coordinating planning among and between local and state
public agencies. This Agreement at all times shall be construed consistent with such
constitutional and statutory limitations. The duties and responsibilities set forth in this
Agreement to be performed by the PARTIES shall be performed in a manner that is
constitutionally permissible and all portions of this Agreement shall be interpreted and
administered by the PARTIES accordingly. This Agreement shall be interpreted and
administered in such a manner that it will not constitute a transfer, merger or consolidation of
powers as those terms are used in the Constitution of the State of Florida or in any statute of the
State of Florida as is further set forth in the recitations of this Agreement. Further, this
Agreement does not authorize or constitute a delegation of regulatory authority.
Section 3. PURPOSE.
The purpose of this Agreement shall be to create a LEADERSHIP COUNCIL to continue
the work of the "Homeless Policy Group" by coordinating data and providing governmental
agencies with information and advice to further its mission of improving the homeless situation in
Pinellas County.
Section 4.
ORGANIZATION & PROCEDURE
The LEADERSHIP COUNCIL shall consist of two elected officials from each of the four
HUD entitlement areas (Pinellas County, Cities of Clearwater, Largo, and St. Petersburg) and one
designated member from each of the other signatories to this Interlocal Agreement, whose
designation shall be acknowledged in writing by the governing body of the appointing signatory.
At the first meeting of the LEADERSHIP COUNCIL, the members shall approve Bylaws setting
out the organizational structure of the Network and elect a Chairperson who shall be responsible
for the orderly conduct of meetings.
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Section 5.
NO PLEDGE OF AD VALOREM TAXES.
The PARTIES agree that this Agreement does not constitute a general indebtedness of
the PARTIES within the meaning of any constitutional, statutory, or charter provision or
limitation and it is expressly agreed by the parties that neither the LEADERSHIP COUNCIL nor
any PARTY shall ever have the right to require or compel the exercise of ad valorem taxing
power of any public agency with taxing authority, or taxation of any real or personal property
therein for the payment of any monetary obligations due under the terms of this Agreement. It is
further agreed between the PARTIES that this Agreement and any funds called for to be paid
hereunder shall not constitute a lien upon any real or personal property of any member of the
LEADERSHIP COUNCIL. The PARTIES to this agreement are not obligating themselves to
provide funding to the LEADERSHIP COUNCIL.
Section 6.
AUTHORITY TO ACT.
The members of the LEADERSHIP COUNCIL, to the extent allowed by law, are hereby
vested with the powers necessary to implement and carry forth the duties and responsibilities
imposed upon the LEADERSHIP COUNCIL for the limited purpose of giving official and lawful
status and validity to the performance thereof by such members. Every member of the
LEADERSHIP COUNCIL so empowered hereby and engaged in the performance of the services,
duties and responsibilities described and contemplated herein shall be deemed a member of the
LEADERSHIP COUNCIL while performing such services, duties and responsibilities which
constitute functions of its mission of improving County homeless issue planning. Accordingly,
members of the LEADERSHIP COUNCIL are hereby vested with the power to maintain a
network and take all appropriate action necessary to adequately examine the local impact and
possible solutions to the issue ofhomelessness in the County.
Section 7.
SOVEREIGN IMMUNITY.
The PARTIES hereto agree that nothing contained herein shall in any way waive the
sovereign immunity that they enjoy presently under the Constitution and statutes of the State of
Florida including but not limited to the limitations of liability provided in Section 768, Fla. Stat.
The PARTIES agree that the mission of the LEADERSHIP COUNCIL of improving Countywide
homelessness planning is an exercise of the legislative planning function of the COUNTY and
CITIES and that at no time will the COUNTY or CITIES exercise any specific operational
control over the activities of any members of the LEADERSHIP COUNCIL nor shall it perform
or undertake any acts that are over and above a planning level function with regard to the
administration of this agreement.
Section 8.
RECORDS
Each member of the LEADERSHIP COUNCIL shall sign an agreement including but not
limited to specified information pursuant to Section 163.01 Fla. Stat.
Section 9.
NOTICE.
Notice as required to be given hereunder shall be given to the LEADERSHIP COUNCIL.
Section 10. TERM.
This Agreement shall take effect from the date of execution by all PARTIES and filing of
this Agreement with the Pinellas County Clerk of the Court, and continue in effect thereafter
through September 30, 2015, unless hereafter extended upon such terms and conditions as the
PARTIES hereto may later agree. Any PARTY may terminate this Agreement without cause or
further liability to the others upon written notice to the other PARTIES, said written notice to be
given not less than one hundred and eighty (180) days prior to the requested termination date.
Said notice to be deemed delivered when a copy is delivered to the other PARTIES and a receipt
therefore is acknowledged or signed by the other PARTIES.
Section 11.
THIRD PARTIES.
In no event shall any of the terms of this Agreement confer upon any third person,
corporation or entity other than the PARTIES hereto any right or cause of action or damages
claimed against any of the PARTIES to this Agreement arising from the performance of the
obligation and responsibilities of the PARTIES herein or for any other reason.
Section 12.
ENTIRE AGREEMENT.
This Agreement reflects the full and complete understanding of the PARTIES to it and
may be modified or amended only by a document in writing executed by all the PARTIES hereto
and executed with the same formality of this Agreement.
Section 13.
NON-ASSIGNABILITY.
The LEADERSHIP COUNCIL shall not assIgn or delegate the obligations,
responsibilities or benefits imposed hereby or contained herein to any third party or in any
manner contract for the provision of the services required to be performed herein by a third party
without the express written consent of the PARTIES, which consent must have been agreed to at
a public meeting and which consent may be withheld within the sole discretion of the PARTIES.
<SIGNATURE PAGE FOLLOWS>
IN WITNESS WHEREOF, the parties to this Agreement have caused the same to
be signed by their duly authorized representatives this 1- day of ~ _ 20ql
ATTEST:
KEN BURKE
Clerk of Circuit Court
PINELLAS COUNTY, a political subdivision
of the State of Florida, acting by and through
its Board of County Commissioners
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Deputy Clerk
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APPROVED AS TO FORM
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ATTEST:
CITY OF CLEARWATER
By:
By: See attached sif!11ature oaf!e
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Date:
APPROVED AS TO FORM
OFFICE OF CITY ATTORNEY
By:
Attorney
ATTEST:
CITY OF LARGO
By:
By: See attached signature oaf!e
Title:
Date:
APPROVED AS TO FORM
OFFICE OF CITY ATTORNEY
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I KENNETH P. BURKE, Cler~ 01 the Circuit Court and
Clerk Ex-Officio, Board 01 County Commissioners,
do hereby certify that the above and 10regoing is a
true and correct copy 01 the original as it appears
in the olficial files 01 the Board 01 County
Commissioners of Pinellas County, Florida._ Wjtness
my hand and seal 01 said County FL this ~day
01 i<<ff'&?t.6er A.D. 20 0 7
KENN H P. BURKE, Clerk 01 the Circuit Court Ex-Officio
Clerk of the Board 01 Count Co missioners,
Pinellas Co , Florida.
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ATTEST:
By:
APPROVED AS TO FORM
OFFICE OF CITY ATTORNEY
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ATTEST:
By:
APPROVED AS TO FORM
JUVENILE WELFARE BOARD
ATTORNEY
By:
Attorney
CITY OF PINEL LAS PARK
By: See attached sifmature oaf!e
Title:
Date:
CITY OF ST. PETERSBURG
By: See attached sifmature oaf!e
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Date:
CITY OF TARPON SPRINGS
By: See attached sifmature oaf!e
Title:
Date:
JUVENILE WELFARE BOARD OF
PINELLAS COUNTY
By: See attached sif!nature oage
Title:
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ATTEST:
By:
APPROVED AS TO FORM
OFFICE OF CITY ATTORNEY
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SCHOOL BOARD OF PINELLAS
COUNTY
By: See attached sirmature oaf!e
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Date:
Countersigned: CITY OF CLEAR
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Fran V. Hibbard
Mayor
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Approved as to form:
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Pamela K. Akm
City Attorney
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CITY OF LARGO
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CITY OF IINELLAS PARK
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Title: Mavor. William F. Mischler
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Date: 10 .26.06
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OFFICE OF CITY ATTORNEY
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CITY OF TARPON SPRINGS
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