INTERLOCAL AGREEMENT FOR FUNDING MATCH OF A SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT COOPERATIVE FUNDING INITIATIVE GRANT TO CONDUCT A NUTRIENT SOURCE TRACKING STUDYINTERLOCAL AGREEMENT BETWEEN
PINELLAS COUNTY AND THE CITIES OF BELLEAIR BLUFFS, CLEARWATER,
DUNEDIN, LARGO, AND SEMINOLE FOR FUNDING MATCH OF A SOUTHWEST
FLORIDA WATER MANAGEMENT DISTRICT COOPERATIVE FUNDING INITIATIVE
GRANT TO CONDUCT A NUTRIENT SOURCE TRACKING STUDY
This INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND THE
CITIES OF BELLEAIR BLUFFS, CLEARWATER, DUNEDIN, LARGO, AND SEMINOLE
FOR FUNDING MATCH OF A SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT (SWFWMD) COOPERATIVE FUNDING INITIATIVE (CFI) GRANT TO
CONDUCTA NUTRIENT SOURCE TRACKING STUDY ("AGREEMENT") is entered into
this day of , 2020, by and between PINELLAS COUNTY, a political
subdivision of the State of Florida ("COUNTY"), the CITY OF BELLEAIR BLUFFS, a
municipal corporation ("BELLEAIR BLUFFS"), the CITY OF CLEARWATER, a municipal
corporation ("CLEARWATER"), the CITY OF DUNEDIN, a municipal corporation
("DUNEDIN"), the CITY OF LARGO, a municipal corporation ("LARGO"), and the CITY
OF SEMINOLE, a municipal corporation ("SEMINOLE"), together collectively known as
"PARTNERS."
WITNESSETH:
WHEREAS, pursuant to PARTNERS' National Pollutant Discharge Elimination
System Municipal Separate Storm Sewer System (MS4) Permit (FLS000005),
PARTNERS are responsible for reducing nutrient pollution into impaired waterbodies in
their respective jurisdiction;
WHEREAS, PARTNERS acknowledge that there is a shared responsibility to
address the sources of nutrient pollution, particularly in impaired waters for which a Total
Maximum Daily Load (TMDL) has been established;
WHEREAS, Allen's Creek, Curlew Creek, and McKay Creek are impaired waters
that are subject to nutrient TMDLs;
WHEREAS, PARTNERS agree that it is necessary to determine sources of
nutrient pollution in order to prioritize remedies;
WHEREAS, on October 1, 2019, COUNTY received a $100,000.00 matching grant
(the "SWFWMD Grant") from the Southwest Florida Water Management District
(SWFWMD) to perform a nutrient source tracking study in the Allen's Creek, Curlew
Creek, and McKay Creek watersheds (the "PROJECT");
WHEREAS, PARTNERS wish to assist the COUNTY by providing $57,890.00
toward the $100,000.00 COUNTY match for the SWFWMD GRANT;
WHEREAS, PARTNERS agree that allocating such cost share based on each
PARTNER's land area acreage is equitable;
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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 PROJECT; SWFWMD (who is not a PARTNER to this
AGREEMENT) is also contributing 50% of the PROJECT cost through the SWFWMD
GRANT, which is attached hereto as Exhibit A. This AGREEMENT does not require any
PARTNER other than COUNTY to take any action performing the PROJECT.
SECTION 2. CONDITION SUBSEQUENT
Should the SWFWMD GRANT be terminated at any time, COUNTY shall promptly notify
all other PARTNERS, and this AGREEMENT shall terminate upon receipt of such notice
by all other PARTNERS. Together with such notices, COUNTY shall refund any received
payments that have not been expended in furtherance of the PROJECT as of the date of
such notices.
SECTION 3. DUTIES OF PARTNERS
COUNTY agrees to complete the PROJECT as detailed in Exhibit A (PROJECT PLAN)
of the SWFWMD GRANT.
Each PARTNER agrees to contribute the following respective amount in furtherance of
the PROJECT; the sum of these amounts is $100,000.00:
COUNTY: $42,110.00
BELLEAIR BLUFFS: $1,040.00
CLEARWATER: $18,490.00
DUNEDIN: $8,237.00
LARGO: $27,453.00
SEMINOLE: $2,670.00
Each PARTNER, except for the COUNTY, shall mail a check to the COUNTY for its
respective amount by December 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.
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If any PARTNER does not mail payment to COUNTY by December 31, 2020, COUNTY
shall promptly notify the other PARTNERS of the non-paying PARTNER's breach of this
AGREEMENT.
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:
BELLEAIR BLUFFS:
Environmental Management Division
Attn: Stacey Day
Environmental Program Manager
22211 US Hwy 19 N, Bldg. 10
Clearwater, FL 33765
sday(a)pinellascounty.orq
City of Belleair Bluffs
Attn: Russ Schmader
Public Works Supervisor
2747 Sunset Blvd.
Belleair Bluffs, FL 22770
rschmader(c�belleairbluffs-fl.gov
CLEARWATER:
DUNEDIN:
City of Clearwater
Attn: Sarah Kessler
Lead Environmental Specialist
100 S. Myrtle Ave, Suite 220
Clearwater, FL 33756
Sarah. Kessler(a�MyClearwater.com
City of Dunedin
Attn: Whitney Marsh
Environmental Manager
1405 County Road 1
Dunedin, FL 34698
WMarsh(c�DunedinFL.Net
LARGO:
SEMINOLE:
City of Largo
Attn: Irvin Kety, P.G.
Director of Environmental Services Dept.
5100 150th Ave N
Clearwater, FL 33760
ikety(a�largo.com
City of Seminole
Attn: Rodney Due
Director of Public Works
112th St N
Seminole, FL 33772
rdue(myseminole.com
SECTION 5. NON APPROPRIATION
This AGREEMENT is not a general obligation of any PARTNER. It is understood that
neither this AGREEMENT nor any representation by any employee or officer of any
PARTNER creates any obligation to appropriate or make monies available for the
purpose of this AGREEMENT beyond the fiscal year in which this AGREEMENT is
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executed. No liability shall be incurred by any PARTNER beyond the monies budgeted
and available for this purpose. If funds are not appropriated by any PARTNER for any or
all of this AGREEMENT, that PARTNER shall not be obligated to pay any sums provided
pursuant to this AGREEMENT beyond the portion for which funds are appropriated. Each
PARTNER agrees to promptly notify all other PARTNERS in writing of such failure of
appropriation, and upon receipt of such notice by all other PARTNERS, that PARTNER
shall have effectively withdrawn from this AGREEMENT.
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 all 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, 2022, 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.
Nothing herein is intended as a waiver of sovereign immunity or the limitations set forth
in F.S. § 768.28 by any PARTNER, nor shall anything herein be construed as consent
to be sued by third parties by any PARTNER.
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.
SECTION 10. COMPLIANCE WITH LAWS AND PUBLIC RECORDS REQUIREMENTS
PARTNERS shall comply with all Federal, State, and local laws at all times, including
but not limited to Florida laws regarding the retention and disclosure of public records.
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SECTION 11. ASSIGNMENT
This AGREEMENT may not be assigned by any PARTNER without the prior written
consent of all other PARTNERS.
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.
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:
Barry A. Burton, County Administrator
APPROVED AS TO FORM:
By:
Brendan Mackesey, Assistant County Attorney
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INTERLOCAL AGREEMENT BETWEEN
PINELLAS COUNTY AND THE CITIES OF BELLEAIR BLUFFS, CLEARWATER,
DUNEDIN, LARGO, AND SEMINOLE FOR FUNDING MATCH OF A SOUTHWEST
FLORIDA WATER MANAGEMENT DISTRICT COOPERATIVE FUNDING INITIATIVE
GRANT TO CONDUCT A NUTRIENT SOURCE TRACKING STUDY
CITY OF CLEARWATER
By:ate
, 7//id
ara Kivett, P.E. City Engineer
Reviewed and Approved:
Owen Kohler, City Attorney
Attest:
Rosemarie CaII, City Cle
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