INTERLOCAL AGREEMENT FOR FLOW MONITORING EQUIPMENT INTERLOCAL AGREEMENT BETWEEN
THE CITY OF CLEARWATER
AND
PINELLAS COUNTY
FOR
FLOW MONITORING EQUIPMENT
THIS FUNDING AGREEMENT is entered into this day of ,
2018, by Pinellas County, a political subdivision of the State of Florida herein referred to as the
"County", and the City of Clearwater, a municipal corporation of the State of Florida herein
referred to as the "City",jointly referred to herein as"Parties".
WITNESSETH:
WHEREAS, this Agreement is made and entered between the parties pursuant to Section
163.0 1,Florida Statutes,the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, County received funds through a settlement with Parties responsible for the
Deepwater Horizon accident which affected the Gulf of Mexico and communities in the region
including Pinellas County; and
WHEREAS, the County has identified and approved projects intended to benefit the
public or that serve a public benefit that the Pinellas County Board of County Commissioners
intends to be enhanced with funding from the aforementioned settlement; and
WHEREAS, on December 13, 2016, the Pinellas County Board of County
Commissioners approved Resolution 16-90 delegating to the County Administrator the authority
to enter into agreements with the Parties necessary to effectuate the approved projects within the
amounts approved by the Pinellas County Board of County Commissioners for each project; and
WHEREAS, the City is one of the Parties necessary to effectuate a Flow Monitoring
Project recommended by the Wastewater/Stormwater Task Force, which proposes to install
twelve (12) Flow Monitors at designated locations within the City to measure inflow and
infiltration of stormwater and groundwater into the City's sanitary sewer system("Project"); and
WHEREAS, the City has coordinated installation of a majority of such Flow Monitors
and is seeking from the County a one-tine reimbursement for such cost.
NOW THEREFORE, in consideration of the mutual terms, covenants, representations,
and conditions herein contained, the Parties agree as follows:
1. Performance of Services:
The City shall complete the Project by September 30, 2018. For purposes of this
Agreement,the Project shall be considered complete once the installation of all twelve (12) Flow
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Monitors have been completed and invoiced to the County in accordance with Section Two (2)
of this Agreement below.
The City shall comply with all terms and conditions for the Performance of Services and
Project Funding. The City shall be responsible for the professional quality, technical accuracy,
timely completion, and coordination of all designs, drawings, specifications, reports, and other
services furnished by the City under this Agreement. The City shall orally consult with the
County and the Wastewater/Stormwater Task Force regarding the Project at any time upon
County's request.
2. Funding:
County agrees to provide up to thirty-six thousand five hundred eighty-five and 00/100
dollars ($36,5$5.00) for the Project on a matching reimbursement basis in accordance with the
following:
After the Project is complete and no later than September 30, 2018, the City shall deliver
an itemized project invoice to the County that details the total project costs.
Together with the invoice, the City shall submit a certification that (1) the invoice is
accurate, and (2) the City has expended all invoiced funds in fartherance of the Project. Also
iogeiher with the invoice, the City shall submit a project completion report, summarizing how
the cumulative amount of invoiced and non-invoiced funds have been expended for Project
completion along with comprehensive evidence thereof("Project Completion Report").
Within forty-five (45) days of receiving the invoice, County shall either: (1) provide full
payment to the City for the invoice; or (2) if County fords the invoice, Certification, or Project
Completion Report unacceptable for any reason, provide written notice to the City of any
defects. If County provides a written notice of defects, the City shall have thirty (30) days from
receipt of said notice to cure said defects and provide written evidence of same to County; if the
City fails to cure the defects within the requisite timeframe, or if County finds the evidence of
such corrections to be defective for any reason, this Agreement is subject to termination with
cause in accordance with Section Four(4)below.
3. Agreement Term:
This Agreement shall become effective upon execution by both Parties and expire on
December 31,2018, unless terminated earlier as provided in Section Four(4)below.
4. Termination:
This Agreement may be terminated in writing by either Party: (1) without cause upon
fifteen (15) days of receipt of notice of termination by the other Party; or (2) with cause
immediately upon receipt of a notice of termination by the other Party. If the County terminates
the Agreement with cause, the City shall, within seven (7) days of receipt of such notice, refund
to County, all funding awarded to the City by the County under this Agreement.
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In accordance with Section Five (5) below, any termination notice shall be sent by e-mail
or USPS Certified Mail and deemed delivered or received on the date reflected by the e-mail
read receipt or certified mail delivery receipt.
This Agreement may also be terminated at any time by mutual written agreement of the
Parties.
5. Project Managers and Notice:
In order to assure proper coordination and review throughout the term of this Agreement,
the City and County each designate a"Project Manager"as follows:
cilY
David Porter
Public Utilities Director
City of Clearwater
1650 N. Arcturas Ave., Building C
Clearwater, FL 33765-1945
Office: 727-562-4960
E-mail:da�ort,r a-!myelearwater.com
Coun
Megan Ross, P.E., ENV SP
Interim Utilities Director
Pinellas County Utilities
6730 142nd Avenue N.
Largo,FL 33771-4721
Office: (727) 582-2304
E-mail: mross(auinellascouift.oi,g
The Project Managers shall be responsible for transmitting and receiving all
communications concerning this Agreement to the other Party. All notices, invoices, approvals,
and other correspondence required by law and this Agreement shall be in writing and delivered
via e-mail or USPS Certified Mail to the respective Project Manager. Notice shall be considered
delivered or received as reflected by an e-mail read receipt or a certified mail delivery receipt.
6. Payment Limitations and Fiscal Nan-Funding;,
The County shall not be responsible for the operation, maintenance, or capital
refreshment of any assets resulting in any way from the Project.
This Agreement is not a general obligation of County. It is understood that neither this
Agreement nor any representation by any County employee or officer creates any obligation to
appropriate or make monies available for the purpose of this Agreement beyond the fiscal year in
which this Agreement is executed. No liability shall be incurred by County, or any department,
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beyond the monies budgeted and available for this purpose. If funds are not appropriated by
County for any or all of this Agreement, County shall not be obligated to pay any sums provided
pursuant to this Agreement beyond the portion for which funds are appropriated. County agrees
to promptly notify the City in writing of such failure of appropriation, and upon receipt of such
notice, this Agreement, and all rights and obligations contained herein, shall terminate without
liability or penalty to County.
7. Records and Audit:
The City agrees:
a) To retain all data, financial records, statistical records, and any other records
(including electronic storage media) pertinent to this Agreement ("Records") for a period of
three (3) years after termination or expiration of this Agreement or, if an audit has been initiated
in accordance with subsection c) of this Section Seven (7) below and audit findings have not
been resolved at the end of three (3) years, the records shall be retained until resolution of the
audit findings.
b) To maintain all Records in accordance with generally accepted accounting
procedures and practices that sufficiently and properly reflect all revenues and expenditures of
funds provided by County under this Agreement.
C) To assure that all Records are subject at all reasonable times for inspection,
review, audit, copy, or removal from premises by County personnel and other personnel duly
authorized by County.
d) To fully comply with the provisions of Chapter 119, Florida Statutes, as
applicable.
e) To include all requirements in this Section Seven(7)in all approved contracts and
subcontracts under this Agreement.
8. Indemnification and Non-Agency Relationship
To the greatest extent under applicable law, the City agrees to indemnify and defend
County, its officers, and employees, against all claims of any nature arising out of the
Project. Nothing contained herein shall constitute a waiver by either Party of its sovereign
immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as
consent by either Party to be sued by third parties in any manner arising out this Agreement or
contracts related thereto.
The City acknowledges that it is an independent Party and not an agent of County.
9. Modification of Agreement:
This Agreement represents the entire agreement of the Parties. Any alterations,
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variations, changes,modifications,or waivers of provisions of this Agreement shall only be valid
when they have been reduced to writing, duly signed by each of the Parties hereto, and attached
to the original of this Agreement.
10. Assignment:
This Agreement may not be assigned by either Party without the prior written consent of
the other Party. The Parties each bind itself, its successors, assigns, and legal representatives to
the other Party hereto and to the successors, assigns,and legal representatives of such other Party
in respect to all covenants and obligations contained herein.
11. Agreement to be filed with the Clerk of the Circuit Court:
Prior to its effectiveness, this Agreement and subsequent amendments thereto must be
filed with the Clerk of the Circuit Court of Pinellas County.
12. Compliance with Applicable Laws:
The City shall ensure that at all times and in all aspects of the Project, its employees,
agents,and contactors are in compliance with all applicable Federal, state, and local laws.
13. Governing Laws:
This Agreement and the rights and obligations of the Parties hereto shall be governed and
construed according to the laws of the State of Florida.
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IN WITNESS WHEREOF, the Parties have caused these present to be duly executed, as
of the day and year first above-mentioned.
PINELLAS COUNTY, FLORIDA
BYQ',_A0 �&
Mark S. Woodard, C&untv'Administrator
Approved as to Form:
BY:
....................................
Assistant County Attorney
CITY OF CLEARWATER, FLORIDA,
A municipal corporation and
political subdivision of the State of Florida
ReO V r\Cr(V�OJ
____ '___................
George N. Cretekos William B. Home,11
Mayor City Manager
A roved as to Attest: t)
roved v C4edo
o
............
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Camilo A. Soto
Rosemarie Call
1491
Assistant City Attorney City Clerk 15HED
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