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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; Page 1 of 16 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. Page 5 of 16 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