INTERLOCAL AGREEMENT FOR THE DESIGNATION OF COLLECTION & REMOVAL RESPONSIBILITIES WITHIN GEOGRAPHIC PINELLAS COUNTY INTERLOCAL AGREEMENT FOR THE DESIGNATION OF COLLECTION &
REMOVAL RESPONSIBILITIES WITHIN GEOGRAPHIC PINELLAS COUNTY
THIS AGREEMENT, is entered into by PINELLAS COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and the
local government signing this Agreement ("MUNICIPALITY"), jointly referred to as
"Parties".
Recitals
WHEREAS, the Parties are authorized to and do enter into this Agreement
pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of
1969"; and
WHEREAS, the Parties separately control and maintain various rights-of-way
throughout the geographic boundaries of Pinellas County; and
WHEREAS, due to functional classification, road transfers, and/or annexation,
the COUNTY has control or maintenance responsibility over certain roads within the
geographic boundaries of the MUNICIPALITY and similarly, the MUNICIPALITY has
control or maintenance responsibility over certain roads within the COUNTY's
jurisdictional boundaries; and
WHEREAS, pursuant to Fla. Stat. §335.04 (1993) and §335.0415 (2025), due to
functional classification, the COUNTY may have maintenance responsibility for the
"roadbed, curbs, culverts, drains, and other drainage appurtenances" on some county
roads within the MUNICIPALITY's boundaries, while the MUNICIPALITY
simultaneously has maintenance responsibility over "sidewalks and other ways...open
to the public;"; and
WHEREAS, as a result thereof, and in order to ensure that disaster debris
collection is performed in the most efficient and cost-effective manner avoiding, where
possible, the risk of duplication of efforts, the Parties recognize and agree that the public
is better served by the Parties designating debris collection and removal responsibilities
in areas where both Parties may have some roadway jurisdiction or responsibility or
where annexation has created a patchwork of properties within municipal and
unincorporated limits on a single road; and
NOW THEREFORE, in consideration of the mutual promises herein contained,
and for other good and valuable consideration, receipt of which is hereby acknowledged
by all Parties, it is hereby agreed by and between the Parties as follows:
SECTION 1 INTENT OF THE PARTIES
This interlocal Agreement designates responsibilities for disaster debris
collection and removal as between the COUNTY and MUNICIPALITY.
SECTION 2 OBLIGATIONS OF THE COUNTY
The COUNTY will be responsible for coordinating and ensuring debris
collection and removal on COUNTY roads that are within unincorporated areas of the
COUNTY and are not along MUNICIPAL solid waste collection routes. The COUNTY
will not be responsible for debris removal on MUNICIPAL roads, debris generated from
MUNICIPAL residents or commercial properties, debris generated from properties
along MUNICIPAL solid waste collection routes, or other property under the jurisdiction
of a MUNICIPALITY, except as otherwise mutually agreed upon in writing.
SECTION 3 OBLIGATIONS OF THE MUNICIPALITY
3.1 Unless otherwise agreed on by the COUNTY and MUNICIPALITY through
written amendment, the MUNICIPALITY will be responsible for coordinating and ensuring
disaster debris collection and removal on the MUNICIPALITY's roads and properties, as
applicable, within their solid waste collection areas.
3.2 Unless otherwise agreed on by the COUNTY and MUNICIPALITY through
written amendment, the MUNCIPALITY will be responsible for coordinating and ensuring
disaster debris collection and removal on COUNTY roads within or abutting properties
within the MUNICIPALITY's boundaries and debris generated by MUNICIPAL residents or
other property under the MUNICIPALITY'S jurisdiction, regardless of road jurisdiction.
3.3 Unless otherwise agreed on by the COUNTY and MUNICIPALITY through
written amendment, the MUNICIPALITY is responsible for collecting and removing
disaster debris from rights-of-way abutting any unincorporated enclaves within the
MUNICIPALITY's geographic boundaries.
SECTION 5 OFFICIAL NOTICE
All notices required by law or by this Agreement to be given by one party to the
other shall be in writing and shall be sent to the following respective addresses:
COUNTY: Pinellas County Public Works
Kelli Hammer-Levy, Director
22211 U.S. Highway 19 North
Clearwater, FL 33765
MUNICIPALITY: See Contact Information on Signature page
SECTION 6 HOLD HARMLESS
The Parties agree to be responsible for their own actions taken pursuant to this
Agreement, including any amendment hereto and additionally hold each other harmless
should this Agreement be deemed to be insufficient to receive Public Assistance from
FEMA, or any other related reimbursement. Nothing herein is intended to serve as a
waiver of sovereign immunity by the Parties. Nothing herein shall be construed as consent
by the Parties to be sued by third parties in any manner arising out of this Agreement.
SECTION 7 FILING WITH THE CLERK
Prior to its effectiveness, this Agreement and any subsequent amendments
thereto, must be filed with the Clerk of the Circuit Court of Pinellas County.
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SECTION 8 EXECUTION, EFFECTIVE DATE, TERM AND TERMINATION
8.1 This Agreement may be signed in counterparts and will become effective as
to each MUNICIPALITY after execution and upon filing with the Clerk of the Circuit Court
of Pinellas County in accordance with Section 6 and shall remain in effect until canceled.
8.2 This Agreement may be canceled for cause upon thirty (30) days written
notice. For purposes of this section, "cause" shall mean a material breach of any term
contained in this Agreement. However, written notice shall include a notice of such breach
and an opportunity to cure such breach within thirty (30) days of receipt of such notice or
within any additional period of time as mutually agreed by the Parties.
SECTION 10 ENTIRE AGREEMENT
This document embodies the whole agreement between the Parties delineating
jurisdiction for disaster debris collection and removal on public roads. There are no
promises, terms, conditions or allegations other than those contained herein, and this
document shall supersede all previous communications, representations and/or
agreements, whether written or verbal, between the Parties hereto concerning the
delineation of jurisdiction for disaster debris collection and removal on public roads.
SECTION 11 APPLICABLE LAW
This agreement shall be governed by the laws of the State of Florida. The Parties
agree that venue of all legal and equitable proceedings related to disputes under this
Agreement shall be situated in Pinellas County, Florida.
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IN WITNESS WHEREOF, the Parties hereto, governed by the laws of Florida, have
caused these presents to be executed by their duly authorized officers and their official
seals hereto affixed, with an effective date as set forth in Section 8.1 above.
PINELLAS COUNTY, by and
through its County Administrator
By: kt�r�—
Barry i. Burton
County Administrator
Legal review:
APPROVED AS TO FORM
By: Christy Donovan Pemherton
Office of the County Attorney
PCAO 540559
CITY OF CLEAR ATE
By:
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Jennifer Poirie�'/ h,!.
Title: City Manager
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Legal review:
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Its
Contact Information for Notification
Name: Daniel Slaughter
Title: Assistant City Manager
Address: 200 S. Myrtle Avenue, Clearwater, FL 33756
Phone: (727) 444-7172
E-mail: Daniel.Slaughter@myclearwater.com