COOPERATIVE AGREEMENT FOR THE DEVELOPMENT OF THE COMPREHENSIVE WATERSHED MANAGEMENT PLAN FOR CURLEW CREEK AND SMITH BAYOU GOOPERATIVE, AGREEMENT
BETWEEN PI LLAS COUN�TY
AND
THE CITIES OF CLEARWATER AND DUNE DIN
for
The Development of the Comprehensive Watershed Management Plan for Ci,,irlew
Creek and Srn th Bayou
THIS AGREEMENT is entered into this ( 2016 by and among
�,�,O day of
PINELLAS COUNTY, a political subdivision (hereinafter t.re�ed to as COUNTY) of the
State of Florida and the CITY OF CLEARWATER, a municipal corporation (hereinafter
referred to as CLEAR WATER) in the State of Florida and the CITY OF DU!NEDIIN, a
municipal corporation (hereinafter referred to as DUNEDIN) in the State of Florida.
wrrNESSETH:
WHEREAS, this Agreement is for the purpose of developing a Comprehensive
Watershed Management Plan (herein'after referred to as WMIP)for Curlew Creek and
Smith Bayou; and
WHEREAS, the COUNTY, CLEARWATER, and DUNEDIN (hereinafter referred) to as
PARTNERS) agree that Curlew Creek and Smith Bayou is a critical resource of the
County; and
WHEREAS, the PARTNERS acknowledge that Curlew Creek and Smith Bayou have
water quality issues including impaired waters as designated by 62-303 F.A.C. existing
within: the project area (Exhibit"A"); and
WHEREAS, the State's Total Maximum Daily Load (TMDQ regulations will be reflected
in the National Pollutant Discharge Elimination Systern (NPDES) permit requirements
held by the PARTNERS; and
WHEREAS, conveyance and water quality including the requirements of the State
TIVIDL program, will require local governmental agencies to cooperate extensively on
watershed stud'ie's and projects; and
WHEREAS, such intergovernmental cooperation will result in more efficient, cost
effective watershed management for each governmental agency, and less,dupllication, of
efforts,
NOW, THEREFORE, in considle,ration of the premises and the mutual covenants,
conditions and terms set forth herein, the PARTNERS hereby mutually agree as follo�ws:
Page 11 of 9
SECTION 1. PURPOSE
The purpose of this Agree me nt is to set forth the relationship of the PAR TN E R S
with respect to the following:
A. 'To define 'the general responsibilities of'the PARTNERS in developing, the
'TIP.
B. To establish a cost allocation method to ensure equitable distribution of
costs.
SECTION 2. GENERAL RESPONSIBILITIES - WMP deyLlopment
A. The COUNTY will be iresponsible to engage and secure a co,nsulltanit
(hereinafter referred to as Cons,ulltant) to develop the WMP and will work
in coordination with the PARTNERS to develop a project plan for the
Consultant contract.
B. The COUNTY will adminiister the Consultant contract.
C. The COUNTY will ensure the WMP is completed by the Consultant on or
before March, 31, 201118.
D. The PARTNERS will provide alll avaiilllab,le information and data, as
requested, by the Consultant for use in developing the WMP.
E. The PARTNERS will be provided copies of all meeting minutes, sign in
sheets, and dlraft deliverables for review and comment by the Consultant.
F. The PARTNERS agree to review all deliverables, and provide comments,, if
necessary within the specified review periods.
G. The PARTNERS will be provided copies of all deliverables including
reports,, models,, and GIS files, and all raw and processed data files. Each
PARTNER may require specific electroniic or hard copy deliverables.
Page 2 of 9
SECTION 3. PROJECT BUDGET AND COST ALLOCATION
A. Project Cost
1. The cost of the W is $85�0,000 and is budgeted in the Pinellas County
Storriwater Assessment Fee budget under project number 002742A.
B. Grants
1. The COUNTY has secured $425,0010 in outside funding.
C. Cost Allocation
1. The basis for cost allocation shall be the total project cost less the grant
funding or $4251,00,01.
2. The percentage breakdown for each of the PARTNERS is as follows:
i. PINELLAS: 31% or$262,943.91
ii. CLEARWATER: 8% or$70,325.81
iii, DU N E D I N: 11% or$91,7301.28
3. The COUNTY shall invoice CLEARWATER and DUNEDIN for their
respective contributions on a quarterll y basis. Payments shall be made to the
COUNTY within forty five (45) days of receipt of the invoice, and
CLEAR" ATER and DUNEDIN may request suipporting documentation from
the COUNTY to process said' invoices for payme�nt. COUNTY shall provide
the requested documentation within seven (7') days of receiipt of the request.
4. Should the total cost of the project exceed the amount estirnated, the
COUNTY shall be responsible for the excess. CLEARWA"FLIR and DUNEDIN
shall be held harmless, an;dl, will be responsible only for the amount stated
within this agreement ($70,325.81 and $91,730.28 respectively).
5. The CONSULTANT shalll submit to the PARTNERS at the time of invoice
submittal to the COUN`FY(in, specific electronic form) all draft deliverables
Page 3 of 9
including reports, models, GIS files, and all raw and processed data files, used
to create the draft documents; including alll photos, CARD files, aerials,
survey data, stormwater modeling inputs and outputs, etc. Submittals
deemed ii.complete by the PARTNERS, will riot be processed by the
PARTNERS.
SECTION 4. COPIES
Upon final execution of this document, the original will be filed with the Clerk of
Circuit Court of Pinellas County pursuant to Section 163.01', Florida Statutes.
Two (2) copies will be provided to each of the PARTNERS.
SECTION 5. NOTICES
All written notices to the PARTNERS under this Agreement shalll be directed to the
following addresses:
Pinellas Coun Clearwater: Dunedin:
Robert MlicWilliams Jennifer Shannon, P.E Jorge M, Quintas, P,E.
Project Manager Professional Engineer Director of Public'' orks &
Watershed Management Engineering Department Utilities/City Engineer
22211 US Hwy 19 N., Bldg 1 100 S Myrtle Avenue#220 737 Louden Ave., 2n,d Hoor
Clearwater, FL 33765 Clearwater, FL 33756-5520 P.O. Box 1348
Dunedin, FL 34697-1348
SECTION 6. AUQH REQUIREMENTS
A. All parties,' records shall be open to inspection and subject to examination,
audit, and/or reproduction during normal workings hours by any parties'
agents or authorized representatives to the extent necessary to
adequately permit evaluation and verification of any invoices, payments or
clairns submitted pursuant to the terms of this Agreement. These records
shall include, but not be limited! to, accounting recordls, written policies, and
Page 4 of 9
procedures, subcontractor files (including proposals of successful and
unsuccessful bidders), original estimates, estimating worksheets,
correspondlence, change order files (including documentation covering
negotiated finals settlements), and any other supporting! evidence
necessary to substaintiate charges related to this Agreement. They shall)
also include„ but not be limited to, those records necessary to evaluate
and verify direct and indirect costs, including overhead allocations as they
may apply to costs associated with this Agreement.
B. For the purpose of such audlits„ iinspections, examinations and
evaluations,, the parties" agents or authorized representatives shalll have
access to said records from the effective date of the Agreement for the
duration of the work, and until three ( ) years afteir the date of final
payment by the parties pursuant to this Agreement.
C. The parties' agents or authorized representatives shalll' have access to all
facilities and all necessary records to the extent necessary to conduct
audits in compliance with this Section. The parties' agents or authorized'
representatives shall give all other parties reasonable advance notice of
intended inspections, examinations, and'/or audits.
SECTION 7. ENTIRE AREEfIIENT
This Agreement together with Exhibits embodies the whole Agreement of the
PARTNERS. There are no promises„ terms, conditions or allegations other than
those contained herein and this document shall supersede all previous
communications, representations and/or agreements, whether written or verbal,
between the parties hereto. This Agreement may be modified only in writing,
executed by all parties.
Page 5 of 91
SECTION 8. AGREEMENT TERM
This Agreement shalll take effect on Parch 31, 2016 and shall) remain in effect
until Parch 31, 20118, unless, renewed in writing, by mutual agireernent of all
parties hereto for en additional l length of tine.
SECTION g. HOLD HARMLESS
The parties hereto agree to be fully responsible for their own acts of negligence,
or their respective agents'" acts of negligence when acting within the scope of
their ernplo�yrne,nt, and agree to be Iiable for any damages, resulting from said
negligence to the extent permitted by section 788.28„ Florida statutes. Nothing
herein shell be construed as consent by the PARTNERS to be sued by third
parties in any manner arising out of this Agreement.
SECTION 10. EFFECTIVE DATE
This,Agreement shall take effect upon execution by all the parties.
SECTION 11. GOVERNING LAW, 'VENICE AND ATTORNEY'S FEES
This,Agreement shalll be governed by and construed in accordance with the laws of the
State of Floridla. Venue for any dispute pertainiinigi to this Agreement shell lie exclusively
in Pinellas, County, Florida. In the event of a dispute, all parries shell be responsible for
their own attorney's fees.
Page 6 of 9
COOPERATIVE A EE E 'T
BETWEEN
PINELLAS COUNTY AND
THE CITIES OF CLEARWATER AND DUNEDIN
IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals
as the day and year first above written.
PIINEL.L.AS COUINTY, by and through its County Administrator
" a. ..
Clark S. '�eedar�CaurntyAdimurnistrater
WITNESS:
By:
✓
�r
APPROVED AS TO FORM:
Nr
Sy .a� .
: ",gym . ............... ...........
Offie e rrnty Attorney :
Page;7 of
COOPERATIVE AGREEMENT
BETWEEN
PINELLAS COUNTY AND THE CITY OF CLEARWATER
CITY OF CLEAR ATE
CITY OF CLEAWATER, FLORIDA
.... ......
City Manager.-William B. Horne, 11
By:_
Mayor— George N, Cretekols,
Reviewed and Approved: Attest:
NAll
Asst,'City Ai r, — 6�Kmft*xj6vkx City Clerk — Rosemarie ball
Matthew Smith
.............
Page 8 of 9
COOPERATIVE mm 7
EN
PI LL TY AND THE CI UNEDIN
CITY OF DUNEDIN
CITY OF 'DUNIEDI , FLORID
a
N
Reviewed ed and Approved: des :
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Page 9 of 9
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%....'urlew Creek and Smith Blayou Location