INTERLOCAL AGREEMENT FOR FUNDING MATCH OF A SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT COOPERATIVE FUNDING INITIATIVE GRANTINTERLOCAL AGREEMENT BETWEEN
PINELLAS COUNTY, THE TOWN OF BELLEAIR, AND THE CITIES OF BELLEAIR
BEACH, BELLEAIR BLUFFS, CLEARWATER, DUNEDIN, INDIAN ROCKS BEACH,
LARGO, SEMINOLE, AND TARPON SPRINGS FOR FUNDING MATCH OF A
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
COOPERATIVE FUNDING INITIATIVE GRANT
FOR CLEARWATER HARBOR / ST. JOSEPH SOUND COMPREHENSIVE
CONSERVATION AND MANAGEMENT PLAN
SURFACE WATER RESOURCE ASSESSMENT UPDATE
This INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY, THE TOWN
OF BELLEAIR, AND THE CITIES OF BELLEAIR BEACH, BELLEAIR BLUFFS,
CLEARWATER, DUNEDIN, INDIAN ROCKS BEACH, LARGO, SEMINOLE, AND
TARPON SPRINGS FOR FUNDING MATCH OF A SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT (SWFWMD) COOPERATIVE FUNDING INITIATIVE (CFI)
GRANT FOR CLEARWATER HARBOR / ST JOSEPH SOUND (CHSJS)
COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN (CCMP) SURFACE
WATER RESOURCE ASSESSMENT (SWRA) UPDATE ("AGREEMENT") is entered into
this day of , 2022, by and between PINELLAS COUNTY, a political
subdivision of the State of Florida ("COUNTY"), the TOWN OF BELLEAIR, a municipal
corporation ("BELLEAIR"), the CITY OF BELLEAIR BEACH a municipal corporation
("BELLEAIR BEACH"), 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 INDIAN ROCKS BEACH, a municipal corporation ("INDIAN ROCKS BEACH"),
the CITY OF LARGO, a municipal corporation ("LARGO"), the CITY OF SEMINOLE, a
municipal corporation ("SEMINOLE"), and the CITY OF TARPON SPRINGS, a municipal
corporation ("TARPON SPRINGS"), together collectively known as "PARTNERS."
WITNESSETH:
WHEREAS, pursuant to the 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 jurisdictions; and
WHEREAS, PARTNERS acknowledge that there is a shared responsibility to
address the sources of nutrient pollution, particularly in impaired waters; and
WHEREAS, Clearwater Harbor and St. Joseph Sound (CHSJS) have experienced
elevated levels of total nitrogen in recent years and are on the State of Florida Impaired
Waters List; and
WHEREAS, PARTNERS agree that it is necessary to determine sources of
nutrient pollution in CHSJS in order to prioritize remedies; and
Page 1 of 16
WHEREAS, on October 1, 2021, COUNTY received a $200,000 matching grant
(the "SWFWMD GRANT") from SWFWMD to update the CHSJS CCMP SWRA (the
"PROJECT"); and
WHEREAS, PARTNERS wish to assist the COUNTY by providing collectively the
total sum of $114,296 toward the $200,000 COUNTY match for the SWFWMD GRANT;
and
WHEREAS, PARTNERS agree that allocating such cost share based on each
PARTNER's land area acreage is equitable;
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
PARTNER 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 from each PARTNER 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, using the PARTNERS' contributions, the
COUNTY'S contribution, and the SWFWMD GRANT, as detailed in Exhibit A (PROJECT
PLAN) of the SWFWMD GRANT. The COUNTY shall use the PARTNERS' contributions
only to fund the PROJECT. If the total cost of the PROJECT is Tess than $400,000, the
COUNTY shall reimburse the PARNTERS a pro rata portion of the amount of the total
contributions that are not expended on the PROJECT.
Each PARTNER agrees to contribute the following respective amounts in furtherance of
the PROJECT; the sum of these amounts is $200,000.00:
COUNTY:
BELLEAIR:
$ 85,704.00
$ 5,191.00
Page 2 of 16
BELLEAIR BEACH:
BELLEAIR BLUFFS:
CLEARWATER:
DUNEDIN:
INDIAN ROCKS BEACH:
LARGO:
SEMINOLE:
TARPON SPRINGS:
$ 1,399.00
$ 1,367.00
$ 34,629.00
$ 28,601.00
$ 2,413.00
$ 15,681.00
$ 2,092.00
$ 22,923.00
Each PARTNER, except for COUNTY, shall mail a check to COUNTY for its entire
respective share of the SWFWMD GRANT match by December 31, 2024, OR for partial
amount in installments, as determined by each PARTNER, with the total amount to be
paid by December 31, 2024. The check shall be made payable 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.
If any PARTNER does not mail its required payment to COUNTY by December 31, 2024,
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:
Environmental Management Division
Attn: Stacey Day
Environmental Program Manager
22211 US Hwy 19 N, Bldg 10
Clearwater, FL 33765
sdav(c�pinellascountv.orq
BELLEAIR:
Town of Belleair
Attn: JP Murphy
Town Manager
901 Ponce de Leon Blvd
Belleair, FL 33756
jmurphv(a�townofbelleair.net
Page 3 of 16
BELLEAIR BEACH:
BELLEAIR BLUFFS:
City of Belleair Beach
Attn: Lynn Rives
City Manager
444 Causeway Blvd
Belleair Beach, FL 33786
Lynn. rives(c�cityofbelleairbeach.com
City of Belleair Bluffs
Attn: Russ Schmader
Public Works Supervisor
2747 Sunset Blvd
Belleair Bluffs, FL 22770
rschmaderabelleairbluffs-fl.gov
CLEARWATER:
DUNEDIN:
City of Clearwater
Attn: Rich Gardner
Director, Clearwater Public Utilities
1650 N. Arcturas Ave., Building C
Clearwater, FL 33765
Rich.Gardner(a�MyClearwater.com
City of Dunedin
Attn: Michelle Monteclaro
Stormwater Program Manager
1405 County Road 1
Dunedin, FL 34698
MMonteclaro(a)DunedinFL.Net
INDIAN ROCKS BEACH:
LARGO:
City of Indian Rocks Beach
Attn: Dean Scharmen
Public Works Director
1507 Bay Palm Blvd
Indian Rocks Beach, FL 33785
dscharmenirbcity.com
City of Largo
Attn: Shelby Beauchemin
Environmental Services Dept. Director
5100 150th Ave N
Clearwater, FL 33760
sbeauche a(�largo.com
SEMINOLE:
TARPON SPRINGS:
City of Tarpon Springs
Attn: Anthony Mannello
Streets and Stormwater Supervisor
324 East Pine St
Tarpon Springs, FL 34689
amannello a(�ctsfl.us
City of Seminole
Attn: Rodney Due
Director of Public Works
11195 70th Ave N
Seminole, FL 33772
rdueamyseminole.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
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 their contribution under 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, this AGREEMENT shall be terminated as to that PARTNER, but this
AGREEMENT shall remain in full force and effect as to the remaining PARTNERS.
Page 4 of 16
SECTION 6. ENTIRE AGREEMENT AND MODIFICATION
This AGREEMENT embodies the whole agreement of PARTNERS with respect to the
SWFWMD GRANT and the PROJECT. 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 only 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, 2026, 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.
SECTION 11. ASSIGNMENT
This AGREEMENT may not be assigned by any PARTNER without the prior written
consent of all other PARTNERS.
Page 5 of 16
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.
Page 6 of 16
CITY OF CLEARWATER
By:
cog.. Fran H' bard, Mayor
Reviewed and Approved:
Matthew Mytych, City Attorney
Attest:
Rosemarie CaII, City Clerk
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 Burton, County Administrator
APPROVED AS TO FORM:
By:
Brendan Mackesey, Assistant County Attorney
Page 7 of 16
TOWN OF BELLEAIR
By:
Reviewed and Approved: Attest:
Jay Daigneault, Town Attorney Town Clerk
Page 8 of 16
CITY OF BELLEAIR BEACH
By:
Chris Arbutine, Mayor
Reviewed and Approved: Attest:
Thomas J. Trask, City Attorney Alexis Silcox, City Clerk
Page 9 of 16
CITY OF BELLEAIR BLUFFS
By:
Reviewed and Approved: Attest:
City Attorney City Clerk
Page 10 of 16
CITY OF CLEARWATER
By:
Frank Hibbard, Mayor
Reviewed and Approved: Attest:
Matthew Mytych, City Attorney Rosemarie Call, City Clerk
Page 11 of 16
CITY OF DUNEDIN
By:
Julie Ward Bujalski, Mayor
City of Dunedin
Reviewed and Approved: Attest:
Nikki Day, City Attorney Rebecca Schlichter, City Clerk
Page 12 of 16
CITY OF INDIAN ROCKS BEACH
By:
Reviewed and Approved: Attest:
Randy Mora, City Attorney City Clerk
Page 13 of 16
CITY OF LARGO
By:
City Manager
Reviewed and Approved: Attest:
City Attorney City Clerk
Page 14 of 16
CITY OF SEMINOLE
By:
Reviewed and Approved: Attest:
City Attorney City Clerk
Page 15 of 16
CITY OF TARPON SPRINGS
By:
Mayor
Reviewed and Approved: Attest:
Thomas J. Trask, City Attorney Irene Jacobs, City Clerk
Page 16 of 16