INTERLOCAL AGREEMENT FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ANNUAL REGULATORY PROGRAM AND SURVEILLANCE FEEPINELLAS COUNTY GOVERNMENT IS COMMITTED TO
PROGRESSIVE PUBLIC POLICY, SUPERIOR PUBLIC SERVICE,
COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE OF AUTHORITY AND
SOUND MANAGEMENT OF PUBLIC RESOURCES,
TO MEET THE NEEDS AND CONCERNS OF OUR CITIZENS
TODAY AND TOMORROW
INTERLOCAL AGREEMENT BETWEEN
PINELLAS COUNTY AND NPDES MS4 CO -PERMITTEES FOR
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
ANNUAL REGULATORY PROGRAM AND SURVEILLANCE FEE
AGREEMENT PREPARED BY
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENViRONMENTAL MANAGEMENT
SEPTEMBER 2021
Page 1 of 11
INTERLOCAL AGREEMENT BETWEEN
PINELLAS COUNTY AND NPDES MS4 CO -PERMITTEES FOR
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
ANNUAL REGULATORY PROGRAM AND SURVEILLANCE FEE
This INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE
STORM SEWER SYSTEM (MS4) CO -PERMITTEES FOR THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) ANNUAL REGULATORY
PROGRAM AND SURVEILLANCE FEE (this "Agreement"), is made and entered into on
this day of 2021, between (1) Pinellas County, a political
subdivision of the State of Florida ("COUNTY"); and (2) the following municipalities in
Pinellas County, Florida: Town of Belleair, City of Belleair Beach, City of Belleair Bluffs,
City of Clearwater, City of Dunedin, Town of Kenneth City, City of Gulfport, City of Indian
Rocks Beach, City of Largo, City of Madeira Beach, Town of North Redington Beach, City
of Oldsmar, City of Pinellas Park, Town of Redington Beach, Town of Redington Shores,
City of St. Pete Beach, City of Safety Harbor, City of Seminole, City of South Pasadena,
City of Tarpon Springs, and City of Treasure Island, (although separate parties hereto
collectively "CO -PERMITTEES"). COUNTY and CO -PERMITTEES may be collectively
referred to herein as the "Parties."
WITNESSETH:
WHEREAS, COUNTY and CO -PERMITTEES are co -permittees of FDEP NPDES
MS4 Permit #FLS000005, which is effective July 1, 2018 through June 30, 2023;
Page 2 of 11
WHEREAS, COUNTY and CO -PERMITTEES are confident that MS4 Permit
#FLS000005 will be extended, renewed, or re -issued; MS4 Permit #FLS000005, as may
be extended, renewed, or re -issued, is hereafter referred to as the "Pinellas County MS4
Permit";
WHEREAS, F.S. § 403.087(7)(a) authorizes FDEP to impose annual fees for FDEP
permits to cover FDEP's cost of surveillance and other field services (the "Annual
Surveillance Fee");
WHEREAS, to that end, FDEP has adopted F.A.C. § 62-4.052(10)(a), which lists the
Annual Surveillance Fee for each (Florida) Phase 1 MS4 Permit;
WHEREAS, the Annual Surveillance Fee for the Pinellas County MS4 Permit is
$30,299 (subject to amendment of F.A.C. § 62-4.052(10)(a) by FDEP);
WHEREAS, per F.A.C. § 62-4.052(10)(c), MS4 permit co -permittees may, via
interlocal agreement, designate a single party to pay the full Annual Surveillance Fee;
WHEREAS, COUNTY is willing to pay the full Annual Surveillance Fee for the
Pinellas County MS4 Permit and accept reimbursement for each CO-PERMITTEE'S
respective share;
WHEREAS, CO -PERMITTEES are agreeable to COUNTY paying the full Annual
Surveillance Fee and reimbursing COUNTY for their respective shares; and
WHEREAS, COUNTY and CO -PERMITTEES agree that cost-sharing the Annual
Surveillance Fee based on jurisdictional population is fair and equitable.
Page 3 of 11
NOW THEREFORE, in consideration of the mutual covenants set forth herein, the
Parties agree as follows:
SECTION 1. RECITALS
The recitals set forth in the "WHEREAS" clauses above are ratified, confirmed as
true and correct, and incorporated into this Agreement.
SECTION 2. COUNTY REMITTANCE OF SURVEILLANCE FEE
COUNTY shall pay the full Pinellas County MS4 Permit Annual Surveillance Fee for
Calendar Years 2022, 2023, 2024, 2025, and 2026. CO -PERMITTEES recognize that
the current Annual Surveillance Fee amount of $30,299.00 is set by F.A.C. § 62-
4.052(10)(a) and subject to modification by FDEP. For reference, the Annual Surveillance
Fee invoice for Calendar Year 2021 is attached hereto as Exhibit A.
SECTION 3. COST ALLOCATION
COUNTY and CO-PERMITEES shall cost share the Annual Surveillance Fee based
upon jurisdictional population retrieved from the Bureau of Economic and Business
Research. COUNTY shall determine COUNTY and CO -PERMITTEE costs for each
Calendar Year in February of that Calendar Year. By March 1 of each Calendar Year,
COUNTY shall invoice each CO -PERMITTEE for its respective share of costs for that
Calendar Year. Each invoice shall include a spreadsheet, in substantially the same form
as Exhibit B attached hereto, listing the respective share of costs allocated to COUNTY
and all CO-PERMITEES. Each CO -PERMITTEE shall send full payment to COUNTY
within forty-five (45) days of invoice receipt.
Page 4 of 11
SECTION 4. AGREEMENT TERM
This Agreement shall take effect after COUNTY, pursuant to F.S. § 163.01(11), files
a fully executed version of this Agreement with the Clerk of Circuit Court of Pinellas
County. This Agreement shall remain in effect until all CO -PERMITTEES have fully paid
their respective invoices for Calendar Year 2026.
SECTION 5. WITHDRAWAL FROM AGREEMENT
Any CO -PERMITTEE may withdraw for any future Calendar Years during the
term of this Agreement by notifying COUNTY no later than September 1 of the prior
Calendar Year. Notwithstanding any CO-PERMITTEE'S withdrawal, this Agreement
shall remain in full force and effect as it pertains to the remaining CO -PERMITTEES
and COUNTY. If a CO-PERMITTEE'S withdrawal prompts FDEP to provide written
notice to COUNTY regarding FDEP'S intention to submit individual invoices for the
Annual Surveillance Fee to COUNTY and the remaining CO -PERMITTEES for the
remaining Calendar Years covered under this Agreement, COUNTY shall promptly
forward such notice to all remaining
CO -PERMITTEES, and this Agreement shall terminate upon the receipt of such notice
by all remaining CO -PERMITTEES. Any CO -PERMITTEE that withdraws from this
Agreement understands that it may receive a separate invoice from FDEP for its share
of the Annual Surveillance Fee, which COUNTY and the remaining CO -PERMITTEES
shall not be responsible for.
Page 5 of 11
COUNTY may terminate this Agreement for any future Calendar Years during the
term of this Agreement by notifying all CO-PERMITEES no later than May 1 of the prior
Calendar Year.
SECTION 6. NON -APPROPRIATION
Notwithstanding the deadlines set forth in SECTION 5. (WITHDRAWAL FROM
AGREEMENT"), COUNTY and CO -PERMITTEES understand that each Party's
performance of this Agreement is contingent upon annual appropriation of funds by that
Party's governing body for obligations hereunder. If a CO-PERMITTEE'S governing
body eliminates or reduces appropriations for its obligations hereunder, that CO -
PERMITTEE shall promptly notify COUNTY; upon receipt of such notice by COUNTY,
that CO -PERMITTEE shall have withdrawn from this Agreement. If COUNTY's
governing body eliminates or reduces appropriations for its obligations hereunder,
COUNTY shall promptly notify all CO-PERMITEES; upon receipt of such notice by all
CO-PERMITEES, this Agreement shall terminate.
SECTION 7. MS4 PERMIT REVOCATION OR EXPIRATION
If any CO -PERMITTEE is removed, either voluntarily or involuntarily, as a co -
permittee of the Pinellas County MS4 Permit, that CO -PERMITTEE shall promptly notify
COUNTY; upon receipt of such notice by COUNTY, that CO -PERMITTEE shall have
withdrawn from this Agreement. If COUNTY is removed, either voluntarily or
involuntarily, as a co -permittee of the Pinellas County MS4 Permit, COUNTY shall
promptly notify all CO -PERMITTEES; upon receipt of such notice by all CO -
PERMITTEES, this Agreement shall terminate. As of the effective date of this
Page 6 of 11
Agreement, the Pinellas County MS4 Permit expires on June 30, 2023. If the Pinellas
County MS4 Permit is not extended, renewed, or re -issued by FDEP, this Agreement
shall terminate on the date of Pinellas County MS4 Permit expiration.
SECTION 8. LIABILITY
Each Party shall be responsible for its own negligence under this Agreement.
Nothing herein shall be construed as a waiver of sovereign immunity, or the provisions
of F.S. § 768.28, by any Party. Nothing herein shall be construed as consent by any
Party to be sued by third parties, including FDEP, for any matter arising from this
Agreement.
SECTION 9. CHOICE OF LAW
This Agreement and the rights and obligations of the Parties 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
The Parties shall comply with all applicable Federal, State, and local laws,
including but not limited to Florida laws regarding the retention and disclosure of public
records.
Page 7 of 11
SECTION 11. ENTIRE AGREEMENT AND MODIFICATION
This Agreement embodies the whole agreement of the Parties. 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 the Parties.
This Agreement may be amended or extended by mutual written agreement of
the Parties at any time.
SECTION 12. SEVERABILITY
If any clause or portion of a clause in this Agreement is determined to be invalid
by a court of competent jurisdiction, the remainder of this Agreement shall remain in full
force and effect.
SECTION 13. NOTICE
All notices, invoices, payments, and other written communications between the
Parties ("Notices") shall be sent by electronic mail, certified U.S. mail, or courier delivery
service. Notices shall be considered effective when delivered as reflected by electronic
mail read receipt, certified mail delivery receipt, or courier service delivery receipt.
Notices shall be delivered to each Party at the contact information provided below.
Any CO -PERMITTEE may designate alternative contact information at any time, effective
upon receipt of notice by COUNTY. COUNTY may designate alternative contact
information at any time, effective upon receipt of notice by all CO -PERMITTEES.
Page 8 of 11
Belleair Bluffs:
Public Works Supervisor
City Clerk
City of Belleair Bluffs
2747 Sunset Blvd.
Belleair Bluffs, FL 33770
Clearwater:
Lead Environmental Specialist
Engineering Department
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Gulfport:
Public Works Director
City of Gulfport
2401 53rd St. South
Gulfport, FL 33707
Kenneth City:
Town Manager
Town of Kenneth City
6000 54th Ave. N.
Kenneth City, FL 33709-1800
Madeira Beach:
City Manager
City of Madeira Beach
300 Municipal Drive
Madeira Beach, FL 33708-1996
Oldsmar:
Public Works Director
City of Oldsmar
100 State Street West
Oldsmar, FL 34677-3756
Belleair:
Public Services Manager
Town of Belleair
901 Ponce De Leon Blvd.
Belleair, FL 33756-1096
Belleair Beach:
City Manager
City of Belleair Beach
444 Causeway Boulevard,
Belleair Beach, Florida 33786
Dunedin:
Environmental Manager
City of Dunedin
1405 County Road 1
Dunedin, FL 34698
Indian Rocks Beach:
Public Services Director
City of Indian Rocks Beach
1507 Bay Palm Blvd.
Indian Rocks Beach, FL 33785-2899
Largo:
City Engineer
City of Largo
P.O. Box 296
Largo, FL 33779-0296
North Redington Beach:
Town Clerk
Town of N. Redington Beach
190 173`d Avenue
North Redington Beach, FL 33708-1397
Page 9 of 11
Redington Beach:
Town Clerk
Town of Redington Beach
105 164th Ave.
Redington Beach, FL 33708-1519
Safety Harbor:
City Manager
City of Safety Harbor
750 Main St.
Safety Harbor, FL 34695
Seminole:
Public Works Director
City of Seminole
9199 113th Street North
Seminole, FL 33772
St. Pete Beach:
Public Works Director
City of St. Pete Beach
155 Corey Avenue
St. Pete Beach, 33706-1839
Treasure Island:
Public Works Director
Treasure Island Public Works
152 108th Avenue
Treasure Island, FL 33706
Pinellas Park:
Transport. & Stormwater Div. Director
City of Pinellas Park
6051 78th Ave. N.
Pinellas Park, FL 33781
Redington Shores:
Deputy Town Clerk
Town of Redington Shores
17425 Gulf Blvd.
Redington Shores, FL 33708-1299
South Pasadena:
Public Works Director
City of South Pasadena
7047 Sunset Dr. S.
South Pasadena, FL 33707-2895
Tarpon Springs:
Streets and Stormwater Supervisor
City of Tarpon Springs
325 E. Pine Street
Tarpon Springs, FL 34689
Pinellas County:
NPDES Coordinator
Pinellas County Public Works
22211 US Hwy 19 N, Bldg 10
Clearwater, FL 33765
Page 10 of 11
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first above written.
PINELLAS COUNTY, FLORIDA, by and
through its County Administrator
By:
Barry A. Burton
ATTEST:
Deputy Clerk
APPROVED AS TO FORM:
Brendan Mackesey, Assistant County Attorney
Page 11 of 11
Pinellas
County
INTERLOCAL AGREEMENT BETWEEN
PINELLAS COUNTY AND NPDES MS4 COPERMITTEES
FOR
THE ANNUAL REGULATORY PROGRAM AND
SURVEILLANCE FEE
EXHIBIT A
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Bureau of Finance and Accounting
P.O. Box 3070
Tallahassee, FL 32315-3070
Annual Regulatory Program and Surveillance Fee
2021
To: klevy®pinellascounty.org
Permittee CC: bburton@pinellascounty.org
LEVY,KELLI
PINELLAS COUNTY
22211 US 19 N
BUILDING 10
CLEARWATER, FL 33765
FACILITY ID
FLS000005
INVOICE NO: 30893
DATE: 12/01/2020
Accounting Information
Object Code: 002140
Org Code : 37 35 10 10 000
Expansion Option: TA
FLAIR Code : 37202526001373504000000020000
Facility Key # 19949
FACILITY NAME
PINELLAS CO & CO APP - MS4
Invoice amount represents only current year fee assessment.
INVOICE AMOUNT
$30,299.00
This fee is assessed pursuant to Rule 62-4.052, Florida Administrative Code, and is DUE January 15, 2021. A copy of the rule
may be found at https://www.flrules.org/gateway/RuleNo.asp?title=PERMITS&ID=62-4.052.
Payments can be made by personal, business or cashier's check, money order, electronic fund transfer or online by credit card. To
pay online visit the DEP Business Portal at http://www.fldepportal.com. Choose Pay > Invoices > Wastewater & Stormwater
Regulatory Fees. Then Sign -in or Register for a new account.
If you have questions about MS4 facilities, this fee or payment email Robin.Starlde@floridadep.gov or call (850)245-7543.
cc: DEP TLST District Office
PLEASE DETACH & RETURN THIS REMITTANCE SLIP WITH PAYMENT
INVOICE NO: 30893
DATE: 12/01/2020
PAY ONLINE AT: HTTP://WWW.FLDEPPORTAL.COM OR MAIL TO: BUREAU OF FINANCE AND ACCOUNTING
P.O. BOX 3070
TALLAHASSEE, FL 32315-3070
MAKE ALL PAYMENTS PAYABLE TO: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FACILITY ID FACILITY NAME INVOICE AMOUNT REMIT AMOUNT
FLS000005 PINELLAS CO & CO APP MS4 $30,299.00
FDEP ANNUAL REGULATORY PROGRAM AND
SURVEILLANCE FEE
1094.436063.5490001.2205
Approved
Date
I LI ZoLo
Accounting Information
Object Codc: 002140
Org Code : 37 35 10 10 004
Expansion Option: TA
FLAIR Code : 37202526001373504000000020000
Facility Key # 19949
Pinellas
County
INTERLOCAL AGREEMENT BETWEEN
PINELLAS COUNTY AND NPDES MS4 COPERMITTEES
FOR
THE ANNUAL REGULATORY PROGRAM AND
SURVEILLANCE FEE
EXHIBIT IBIT R
(270, 9401
$ 28,424.00
(272,210)
2021
710,976
State of FL,DEP Inwice
$ 30, 299.00
FDOT
$ (1,875.00)
$ 28,424.00
2020
2021
ACTUAL
%
POPULATION
$ 162.92
Belleair
$ 163.71
0.0058
4,095
Belleair Bch
$ 64.97
0.0023
1,625
Belleair Bluffs
$ 84.12
0.0030
2,104
Belleair Shore
$ -
$ 1,512.36
108
Clearwater
$ 4,718.18
0.1660
118,017
Dunedin
$ 1,513.72
0.0533
37,863
Gulfport
$ 503.65
0.0177
12,598
Indian Rocks Bch
$ 166.23
0.0058
4,158
Indian Shores
$ -
4,417
1,479
Kenneth City
$ 205.69
0.0072
5,145
Largo
$ 3,381.17
0.1190
84,574
Madeira Bch
$ 177.79
0.0063
4,447
N Redington Bch
$ 61.21
0.0022
1,531
Oldsmar
$ 599.60
0.0211
14,998
Pinellas Pk
$ 2,166.93
0.0762
54,202
Redington Bch
$ 60.25
0.0021
1,507
Redington Shores
$ 87.23
0.0031
2,182
Safety Hrbor
$ 707.23
0.0249
17,690
St Pete Bch
$ 381.04
0.0134
9,531
St Petersburg
$ -
270,623
Seminole
$ 787.78
0.0277
19,705
S Pasadena
$ 203.01
0.0071
5,078
Tarpon Springs
$ 1,036.93
0.0365
25,937
Treasure Island
$ 277.05
0.0097
6,930
Unincorporated
$ 11,076.50
0.3897
277,059
983,186
$ 28,424.00
(272,210)
2021
710,976
State of FL,DEP Inwice
$ 30, 299.00
FDOT
$ (1,875.00)
$ 28,424.00
2020
ACTUAL
%
POPULATION
$ 162.92
0.0057
4,053
$ 63.95
0.0023
1,591
$ 84.17
0.0030
2,094
$ -
116
$ 4,686.45
0.1649
116,585
$ 1,512.36
0.0532
37,623
$ 505.85
0.0178
12,584
$ 178.16
0.0063
4,432
$ -
1,467
$ 205.41
0.0072
5,110
$ 3,366.04
0.1184
83,737
$ 177.55
0.0062
4,417
$ 60.22
0.0021
1,498
$ 594.93
0.0209
14,800
$ 2,141.89
0.0754
53,284
$ 59.53
0.0021
1,481
$ 88.96
0.0031
2,213
$ 707.80
0.0249
17,608
$ 382.76
0.0135
9,522
$ -
269,357
$ 781.81
0.0275
19,449
$ 204.41
0.0072
5,085
$ 1,025.32
0.0361
25,507
$ 276.28
0.0097
6,873
$ 11,157.24
0.3925
277,559
978,045
$ 28,424.00
2020
707,105
$ 30,299.00
$ (1,875.00)
$ 28,424.00
Pinellas
County
INTERLOCAL AGREEMENT BETWEEN
PINELLAS COUNTY AND NPDES MS4 DOPER EES
FOR
THE ANNUAL REGULATORY PROGRAM AND
SURVEILLANCE FEE
SIGNATURE SHEETS
THE INTERLOCAL AGREEMENT BETWEEN
PINELLAS COUNTY AND NPDES MS4 CO -PERMITTEES FOR THE
ANNUAL REGULATORY PROGRAM AND SURVEILLANCE FEE
CITY OF CLEARWATER, FLORIDA,
A municipal corporation and
political subdivision of the State of Florida
7( )(4
Tara Kivett, P.E.
Engineering Director
Approved as to form: Attest:
yk�aavna2g:_
Laura Mahony
Attorney
Rosemarie CaII
City Clerk