INTERLOCAL AGREEMENT FOR FUNDING THE TAMPA BAY ESTUARY PROGRAM MATCH OF A FLORID DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT TO DEVELOP A SOCIAL MARKETING CAMPAIGN FOCUSED ON REDUCING SANITARY SEWER OVERFLOWSINTERLOCAL AGREEMENT BETWEEN
PINELLAS COUNTY AND THE CITIES OF CLEARWATER, DUNEDIN, GULFPORT,
LARGO, OLDSMAR, PINELLAS PARK, SAFETY HARBOR, ST. PETERSBURG,
AND TARPON SPRINGS FOR FUNDING THE TAMPA BAY ESTUARY PROGRAM
MATCH OF A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT TO DEVELOP A SOCIAL MARKETING CAMPAIGN FOCUSED ON
REDUCING SANITARY SEWER OVERFLOWS
This INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND THE
CITIES OF CLEARWATER, DUNEDIN, GULFPORT, LARGO, OLDSMAR, PINELLAS
PARK, SAFETY HARBOR, ST. PETERSBURG, AND TARPON SPRINGS FOR
FUNDING THE TAMPA BAY ESTUARY PROGRAM MATCH OF A FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT TO DEVELOP A
SOCIAL MARKETING CAMPAIGN FOCUSED ON REDUCING SANITARY SEWER
OVERFLOWS ("AGREEMENT") is entered into this day of , 2019, by
and between PINELLAS COUNTY, a political subdivision of the State of Florida
("COUNTY"), the CITY OF CLEARWATER, a municipal corporation ("CLEARWATER"),
the CITY OF DUNEDIN, a municipal corporation ("DUNEDIN"), the CITY OF GULFPORT,
a municipal corporation ("GULFPORT"), the CITY OF LARGO, a municipal corporation
("LARGO"), the CITY OF OLDSMAR, a municipal corporation ("OLDSMAR"), the CITY
OF PINELLAS PARK, a municipal corporation ("PINELLAS PARK"), the CITY OF
SAFETY HARBOR, a municipal corporation ("SAFETY HARBOR"), the CITY OF ST.
PETERSBURG, a municipal corporation ("ST. PETERSBURG"), and the CITY OF
TARPON SPRINGS, a municipal corporation ("TARPON SPRINGS"), together
collectively known as "PARTNERS."
WITNESSETH:
WHEREAS, PARTNERS sit on the Pinellas Wastewater/Stormwater Task Force
together;
WHEREAS, PARTNERS agree that blockages due to fats/oils/grease or non-
flushable items and/or excessive inflow and infiltration to both public and private
components of the wastewater system are contributing factors to Sanitary Sewer
Overflows ("SSOs");
WHEREAS, PARTNERS acknowledge that there is a shared responsibility to
address the systematic causes of overflows including the proper disposal of
fats/oils/grease and non-flushable items, the elimination of illicit connections, and the
repair/replacement of failing privately -owned lateral lines;
WHEREAS, reducing the occurrence of SSOs is a priority action identified in the
Tampa Bay Estuary Program's ("TBEP") Comprehensive Conservation and Management
Plan for Tampa Bay (WW -5) and will contribute to the continued maintenance and
improvement of water quality in Tampa Bay, the Gulf of Mexico, and other local
waterways;
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WHEREAS, on April 23, 2019, TBEP received a $75,000 matching grant from the
Florida Department of Environmental Protection ("FDEP") to fund a social marketing
campaign to reduce sanitary sewer overflows in the Tampa Bay Watershed (the "FDEP
SSO Grant");
WHEREAS, PARTNERS wish to assist TBEP by providing $77,536 to, at a
minimum, match the $75,000 TBEP share for the FDEP Grant;
WHEREAS, PARTNERS agree that allocating such cost share based on each
PARTNER's land area acreage is equitable;
WHEREAS, COUNTY is entering into a separate agreement with TBEP providing
for COUNTY payment to TBEP of the $77,536 collected under this AGREEMENT; and
WHEREAS, execution of such agreement between COUNTY and TBEP is a
condition precedent to PARTNERS' performance of this AGREEMENT.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, and
terms set forth herein, PARTNERS agree as follows:
SECTION 1. PURPOSE
The sole purpose of this AGREEMENT is to establish the funding amount that each of
PARTNERS will contribute to the TBEP match of the FDEP SSO Grant. This
AGREEMENT does not require any of PARTNERS to take any action implementing the
FDEP SSO Grant. For reference only, the Grant Work Plan for the FDEP SSO Grant is
attached hereto as Exhibit A.
SECTION 2. CONDITION PRECEDENT
No payment or any performance by any PARTNER hereunder shall be required until and
unless COUNTY enters into an agreement with TBEP that guarantees COUNTY payment
to TBEP of $77,536 in furtherance of the FDEP SSO Grant.
Upon execution of such agreement with TBEP, COUNTY shall promptly send all
PARTNERS a copy of such agreement. Should such agreement not be fully executed by
December 31, 2019, COUNTY shall promptly notify all PARTNERS; termination of this
AGREEMENT shall be effective upon receipt of such notice by all PARTNERS.
Should such agreement with TBEP, or the FDEP SSO Grant, be terminated prior to
COUNTY payment to TBEP, COUNTY shall promptly notify all PARTNERS; termination
of this AGREEMENT shall be effective upon receipt of such notice by all PARTNERS.
Together with such notices, COUNTY shall refund any received payments to
PARTNERS.
Page 2 of 16
SECTION 3. DUTIES OF PARTNERS
Each PARTNER agrees to contribute the following respective amount to the FDEP SSO
Grant; the sum of these amounts is $77,536:
COUNTY: $22,217
CLEARWATER: $10,247
DUNEDIN: $3,189
GULFPORT: $292
LARGO: $8,287
OLDSMAR: $2,107
PINELLAS PARK: $5,015
SAFETY HARBOR $3,000
ST. PETERSBURG: $19,673
TARPON SPRINGS: $3,509
Each PARTNER, except for COUNTY, shall mail a check to COUNTY for its respective
amount by May 31, 2020. The check shall be made out to the Pinellas County Board of
County Commissioners and mailed to Pinellas County Environmental Management, Attn:
Stacey Day, 22211 U.S. 19 N, Bldg 10, Clearwater, FL 33765.
Once COUNTY receives payment from all other PARTNERS, COUNTY shall promptly
provide a check for $77,536 to TBEP; COUNTY shall promptly provide evidence of such
payment to PARTNERS. Should TBEP refund payment to the COUNTY for any reason,
COUNTY shall promptly refund payments to PARTNERS.
If any PARTNER does not mail payment to COUNTY by May 31, 2020, COUNTY may
deduct that amount from the $77,536 payment to TBEP. In such case, COUNTY shall
promptly notify the remaining partners and TBEP of the non-paying PARTNER's breach
of this AGREEMENT.
Page 3 of 16
SECTION 4. NOTICES
All notices, payments, and other written communications between PARTNERS shall be
sent by electronic mail, certified U.S. mail, or courier delivery service. Notices shall be
considered effective when delivered as reflected by an electronic mail read receipt, a
certified mail delivery receipt, or a courier service delivery receipt. Any notices, invoices,
payments, and written communications shall be delivered to each party's Project Manager
as provided below:
PINELLAS COUNTY:
CLEARWATER:
Environmental Management Division
Attn: Stacey Day
22211 US Hwy 19 N., Bldg 10
Clearwater, FL 33765
sdav pinellascountv.orq
City of Clearwater
Attn: Dave Porter, Director
Clearwater Public Utilities
1650 N. Arcturas Ave., Building C
Clearwater, FL 33765
DUNEDIN:
GULFPORT:
City of Dunedin
Attn: Jorge M. Quintas, P.E.
Public Works & Utilities Director/City Eng.
1415 Pinehurst Rd., Suite F
P.O. Box 1348
Dunedin, FL 34697-1348
JQuintas@DunedinFL.Net
City of Gulfport
Attn: Tom Nicholls, Public Works Director
2401 53rd Street S
Gulfport, FL 33707
tnicholls@mygulfport.us
LARGO:
OLDSMAR:
City of Largo
Attn: Irvin Kety, P.G.
Environmental Services Dept. Director
5100 150th Ave N
Clearwater, FL 33760
iketv@largo.com
City of Oldsmar
Attn: Nan Bennett, Public Works Director
100 State Street West
Oldsmar, FL 34677
nbennett(mvoldsmar.com
PINELLAS PARK:
SAFETY HARBOR
City of Pinellas Park
Attn: Marty Reich, Utilities Director
6250 82nd Avenue
Pinellas Park, FL 33781
mreich@pinellas-park.com
City of Safety Harbor
Attn: Ray Boler, Public Works Director
1200 Railroad Avenue
Safety Harbor, FL 34695
rboler( citvofsafetvharbor.com
ST. PETERSBURG:
TARPON SPRINGS:
City of St. Petersburg
Attn: Angela Miller
P.O. Box 2842
St. Petersburg, FL 33731
Anoela.millerccastpete.orq
City of Tarpon Springs
Attn: Public Services Department Director
324 E. Pine Street
Tarpon Springs, FL 34689
Page 4 of 16
SECTION 5. NON APPROPRIATION
The obligations of each PARTNER as to any funding required pursuant to this
Agreement shall be limited to an obligation in any given year to budget, appropriated
and paid from legally available funds, after monies for essential services to PARTNER's
residents and customers have been budgeted and appropriated for the funding that is
required during that year. If such additional funds are not legally available after
appropriations for essential services, PARTNER shall owe no payment to COUNTY.
Notwithstanding the foregoing, each PARTNER shall not be prohibited from pledging
any legally available non -ad valorem revenues for any obligations heretofore or
hereafter incurred, which pledge shall be prior and superior to any obligation of the
PARTNER pursuant to this Agreement. Each PARTNER understands that this
AGREEMENT is not a commitment of future appropriations by any PARTNER'S
governing body.
SECTION 6. ENTIRE AGREEMENT AND MODIFICATION
This AGREEMENT embodies the whole agreement of PARTNERS. There are no
promises, terms, conditions, or allegations other than those contained herein and this
AGREEMENT shall supersede all previous communications, representations, and
agreements, whether written or verbal, between PARTNERS.
This AGREEMENT may be amended, extended, or terminated by mutual written
agreement of PARTNERS at any time.
SECTION 7. AGREEMENT TERM
After this AGREEMENT has been fully executed by all PARTNERS, COUNTY shall file
this AGREEMENT with the Clerk of Circuit Court of Pinellas County, at which time this
AGREEMENT shall take effect. This AGREEMENT shall remain in effect until
December 31, 2020, unless extended or terminated in accordance with the terms
herein.
SECTION 8. LIABILITY
Each PARTNER shall be responsible for its own negligence under this AGREEMENT.
SECTION 9. CHOICE OF LAW
This AGREEMENT and the rights and obligations of PARTNERS shall be governed and
construed according to the laws of the State of Florida. Any state litigation arising from
this Agreement shall be filed in a court of competent jurisdiction in Pinellas County,
Florida. Any federal litigation arising from this Agreement shall be filed in the Middle
District of Florida, Tampa Division.
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SECTION 10. COMPLIANCE WITH LAWS AND PUBLIC RECORDS
REQUIREMENTS
PARTNERS shall always comply with all federal, state, and local statutes, rules,
regulations and ordinances, the federal and state constitutions, and the orders and
decrees of lawful authorities having jurisdiction over the matter at issue (collectively,
"Laws"), including but not limited to Florida laws regarding the retention and disclosure
of public records. PARTNERS hereby make all certifications required under Florida
Statute section 287.135.
SECTION 11. CITY CONSENT AND ACTION (AS TO THE CITY OF ST.
PETERSBURG)
A. For purposes of this Agreement, any required written permission, consent,
acceptance, approval, or agreement by the City of St. Petersburg means the approval
of the Mayor or his authorized designee, unless otherwise set forth in this Agreement
or unless otherwise required to be exercised by City Council pursuant to the City Charter
or applicable Laws.
B. For purposes of this Agreement, any right of the City of St. Petersburg to take any
action permitted, allowed, or required by this Agreement may be exercised by the
Mayor or his authorized designee, unless otherwise set forth in this Agreement
or unless otherwise required to be exercised by City Council pursuant to the City
Charter or applicable Laws.
SECTION 12. SEVERABILITY
If any clause or portion of a clause in this AGREEMENT is determined to be invalid
under the rule of law, the remainder of this AGREEMENT shall remain in full force and
effect.
Page 6 of 16
IN WITNESS WHEREOF, PARTNERS, by and through the undersigned, have
caused this AGREEMENT to be executed as of the day and year first above written.
PINELLAS COUNTY
By:
Joe Lauro, Administrative Services Department Director
APPROVED AS TO FORM:
By:
Office of County Attorney
Page 7 of 16
INTERLOCAL AGREEMENT FOR FUNDING THE TAMPA BAY ESTUARY PROGRAM MATCH
OF A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT TO DEVELOP A
SOCIAL MARKETING CAMPAING FOCUSED ON REDUCING SANITARY SEWER OVERFLOWS
CITY OF CLEARWATER
By:—lf01‘t/` Cf l'oS
Mayor
George N. Cretekos
Revie - • and Approved:
'Assistant City Attorney
Owen Kohler
;/// % if) �//
Ci anager
illiam B. Horne II
Attest:
City Clerk
Rosemarie CaII
Page 8of16
CITY OF DUNEDIN
By:
Julie Ward Bujalski, Mayor
City of Dunedin
Reviewed and Approved: Attest:
Tomas J. Trask, Esquire, City Attorney Rebecca Schlichter, City Clerk
Page 9 of 16
CITY OF GULFPORT
By:
Mayor
Reviewed and Approved: Attest:
City Attorney City Clerk
Page 10 of 16
CITY OF LARGO
By:
Mayor
Reviewed and Approved: Attest:
City Attorney City Clerk
Page11 of 16
CITY OF OLDSMAR
By:
Eric Seidel Al Braithwaite
Mayor City Manager
Approved as to form: Attest:
Tom Trask Ann Nixon
Attorney City Clerk
Page 12 of 16
CITY OF PINELLAS PARK
By:
Sandra Bradbury, Mayor
Reviewed and Approved: Attest:
James W. Denhardt, Esq., City Attorney Diane Corna, City Clerk
Page 13 of 16
CITY OF SAFETY HARBOR
By:
Mayor Joseph Ayoub
Reviewed and Approved: Attest:
City Attorney Nikki C. Day City Clerk Karen Sammons
Page 14 of 16
CITY OF ST. PETERSBURG
By:
Rick Kriseman, Mayor
Reviewed and Approved: Attest:
City Attorney (Designee) Chan Srinivasa, City Clerk
Page 15 of 16
CITY OF TARPON SPRINGS
By:
Chris Alahouzos
Mayor
Reviewed and Approved: Attest:
Thomas J. Trask, B.C.S. Irene S. Jacobs, CMC
City Attorney City Clerk & Collector
Page 16 of 16