INTERLOCAL AGREEMENT 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 , 2020, 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 7
WHEREAS, on April 23, 2019, TBEP received a $75,000.00 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 $77,536.00 to, at a
minimum, match the $75,000.00 share for the FDEP Grant;
WHEREAS, PARTNERS agree that allocating such cost share based on each
PARTNER's land area acreage is equitable; and
WHEREAS, on February 13, 2020, COUNTY entered into a separate agreement
with TBEP (the "TBEP-COUNTY AGREEMENT") providing for COUNTY payment to
TBEP of the $77,536.00 collected under this AGREEMENT; and
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. PARTNERS
shall pay COUNTY in accordance with this AGREEMENT, then COUNTY shall pay TBEP
in accordance with the TBEP-COUNTY Agreement. This AGREEMENT does not require
any of PARTNERS to take any action implementing the FDEP SSO Grant. For reference,
the Grant Work Plan for the FDEP SSO Grant is attached hereto as Exhibit A, and the
TBEP-COUNTY Agreement is attached hereto as Exhibit B.
SECTION 2. CONDITION SUBSEQUENT
Should the FDEP SSO GRANT or the TBEP-COUNTY AGREEMENT be terminated prior
to COUNTY payment to TBEP, COUNTY shall promptly notify all PARTNERS and this
AGREEMENT shall terminate upon receipt of such notice by all PARTNERS. Together
with such notices, COUNTY shall refund any received payments that have not been
forwarded to TBEP as required under the TBEP-COUNTY AGREEMENT.
Page 2 of 7
SECTION 3. DUTIES OF PARTNERS
Each PARTNER agrees to contribute the following respective amount in furtherance of
the FDEP SSO Grant; the sum of these amounts is $77,536.00:
COUNTY: $22,217.00
CLEARWATER: $10,247.00
DUNEDIN: $3,189.00
GULFPORT: $292.00
LARGO: $8,287.00
OLDSMAR: $2,107.00
PINELLAS PARK: $5,015.00
SAFETY HARBOR $3,000.00
ST. PETERSBURG: $19,673.00
TARPON SPRINGS: $3,509.00
Each PARTNER, except for COUNTY, shall mail a check to COUNTY for its respective
amount by July 15, 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.
COUNTY shall make payments to TBEP consistent with the COUNTY-TBEP
AGREEMENT. However, if any PARTNER does not mail payment to COUNTY by
July 15, 2020, COUNTY may deduct that amount from the cumulative $77,536.00
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.
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:
Page 3 of 7
PINELLAS COUNTY:
CLEARWATER:
Environmental Management Division
Attn: Stacey Day
22211 US Hwy 19 N., Bldg 10
Clearwater, FL 33765
sday(c�pinellascounty.org
City of Clearwater
Attn: Dave Porter, Director
Clearwater Public Utilities
1650 N. Arcturas Ave., Building C
Clearwater, FL 33765
david.porter(a�myclearwater.com
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
JQuintasa,DunedinFL.Net
City of Gulfport
Attn: Tom Nicholls, Public Works Director
2401 53rd Street S
Gulfport, FL 33707
tnichollsAmyqulfport.us
LARGO:
OLDSMAR:
City of Largo
Attn: Irvin Kety, P.G.
Environmental Services Dept. Director
5100 150th Ave N
Clearwater, FL 33760
ikety(a.largo.com
City of Oldsmar
Attn: Nan Bennett, Public Works Director
100 State Street West
Oldsmar, FL 34677
nbennett myoldsmar.com
PINELLAS PARK:
SAFETY HARBOR
City of Pinellas Park
Attn: Marty Reich, Utilities Director
6250 82nd Avenue
Pinellas Park, FL 33781
mreichpinellas-park.com
City of Safety Harbor
Attn: Ray Boler, Public Works Director
1200 Railroad Avenue
Safety Harbor, FL 34695
rboler(c�cityofsafetyharbor.com
ST. PETERSBURG:
TARPON SPRINGS:
City of St. Petersburg
Attn: Angela Miller
P.O. Box 2842
St. Petersburg, FL 33731
Angela.miller(a�stpete.orq
City of Tarpon Springs
Attn: Public Services Department Director
324 E. Pine Street
Tarpon Springs, FL 34689
psmithctsfl.us
SECTION 5. FUNDING LIMITATION
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
Page 4 of 7
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.
Nothing herein is intended as a waiver of any PARTNER's sovereign immunity or the
limitations set forth in F.S. § 768.28. Nothing herein shall be construed as consent by
any PARTNER to be sued by third parties.
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 RECORD 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 F.S. §
287.135.
Page 5 of 7
SECTION 11. CITY CONSENT AND ACTION (AS TO THE CITY OF CLEARWATER)
A. For purposes of this AGREEMENT, any required written permission, consent,
acceptance, approval, or agreement by the City of Clearwater 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 the City Council pursuant to the City
Charter or other applicable Laws.
B. For purposes of this AGREEMENT, any right of the City of Clearwater 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 the City Council pursuant to the City
Charter or other 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.
[The rest of this page intentionally left blank.]
Page 6 of 7
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
CITY OF CLEARWATER
c.e.Ah \ r 411-0.3By:
Mayor
George N. Cretekos
Reviewed and Approved:
t'94(
Attest:
Assistant City Attorney City Clerk
Owen Kohler Rosemarie Call
1,0A -4,44.(2a. gmAA., :11
City Manager
William B. Horne II
Page 7 of 7
Exhibit A
ATTACHMENT 3
GRANT WORK PLAN
PROJECT TITLE: Social Marketing Campaign to Reduce Sanitary Sewer Overflows in the Tampa Bay
Watershed
PROJECT LOCATION: The campaign will be implemented within the Tampa Bay watershed.
PROJECT BACKGROUND: Sanitary sewer overflows are generally caused by a lack of treatment
capacity, systemic breakdowns (equipment failure, blockages due to fats/oils/grease or non-flushable
items), and/or excessive inflow and infiltration to both public and private elements of the wastewater system
(illicit connections, leaky pipes). There is a shared responsibility to address the systematic causes of
overflows by both public entities (maintain treatment capacity at waste water treatment plants, maintain
equipment and prevent failure, fix leaky manholes/public main distribution lines) and private citizens
(proper disposal of fats/oils/grease and non-flushable items, eliminate illicit connections, repair/replace
failing privately -owned lateral lines, etc). This project aims to reduce sanitary sewer overflows, which are
identified as a significant source of fecal coliform bacteria in the Hillsborough River Basin Management
Action Plan, particularly in the urbanized portions of the watershed.
PROJECT DESCRIPTION: The Tampa Bay Estuary Program (Grantee) will develop and conduct a
public education campaign to educate residents about proper maintenance, repair, and replacement
activities to reduce the occurrence of sanitary sewer overflows and improve water quality, especially fecal
coliform bacteria. The primary goal of the campaign would be to encourage the repair/replacement of failing
private sewer laterals and will address two target audiences: 1) homeowners and 2) plumbing professionals
in the Tampa Bay region. A secondary goal would be to address other behaviors, such as reducing water
use during storm events, properly disposing of fats/oils/grease and non-flushable items, or eliminating illicit
connections. Additional target audiences and messages may be identified as the campaign is developed.
TASKS:
All documentation should be submitted electronically unless otherwise indicated.
Task 1: Public Education
Deliverables: The Grantee will develop and conduct a public education campaign to educate residents
about proper private lateral maintenance, repair, and replacement activities with the goal of reducing the
occurrence of sanitary sewer overflows and improving water quality. To develop the campaign, the Grantee
will partner with a consulting firm to research similar campaigns, conduct surveys and focus groups, and
attend local meetings and events to evaluate local knowledge of natural resources and how nonpoint source
pollution can affect those resources. The campaign plan will include methods, branding and draft ideas for
the Grantee to use on multiple platforms. A summary of the campaign development will be required as part
of the final report task deliverable. Once the campaign is developed, the Grantee will provide public
education information, which may include the following formats: 1) Printed material for distribution such
as brochure(s), postcard(s), door hanger(s), and bill stuffer(s); 2) website posting(s); 3) Public Service
Announcement(s) (PSAs); 4) workshop(s); and 5) effectiveness survey(s).
If additional education formats are added during campaign development, a change order or amendment
must be executed to revise this task.
DEP Agreement No. NF054, Attachment 3, Page 1 of 4
Announcements through the web or print materials for Workshop, conference, demonstration days or other
events as part of a project funded by a 319 assistance agreement shall contain a statement that the materials
or conference has been funded in part by the United States Environmental Protection Agency.
If outreach component includes physical signage, the signage shall contain the EPA logo. If the physical
design of the sign allows, it should also include the following text: "This cooperative project has been
funded in part by the United States Environmental Protection Agency"
Non-traditional educational materials may not be subject to a required acknowledgement statement. The
Grantee will consult the Department's Grant Manager prior to submittal of draft documentation to
determine the applicability of a statement for each deliverable type.
Documentation: The Department's Grant Manager must approve draft materials prior to public
distribution. Completed public education activities to date as described in this task, as evidenced by: 1)
Copy of the draft and final printed material(s) with number distributed and where; 2) active link and dated
screen shot(s) where appropriate for the website as designed or updated with project information; 3) copy
of the draft PSA(s) and summary of airing dates for final approved PSA(s); 4) draft materials for
workshop(s) and copy of workshop notice(s), agenda(s), meeting minutes or notes, and sign -in sheet(s); 5)
draft effectiveness survey information and copy of final effectiveness survey(s) with summary of results;
and 6) a report of the campaign development activities that describes the processes used to develop the
campaign and the findings and results of the campaign development processes.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables are completed as described above. Upon review and written acceptance by the
Department's Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement or match
documentation no more frequently than quarterly.
Task 2: Final Report
Deliverables: The Grantee will prepare a Final Report summarizing the results of the project, including
all tasks in the Grant Work Plan. The Final Report must include at a minimum:
• Project location and background, project description and timeline, grant award amount and
anticipated benefits.
• Financial summary of actual costs versus the budget, along with any changes required to the
budget. Include any match or locally pledged contributions provided, along with other related
project work performed outside of this Agreement to identify the overall project cost.
• Discussion of project schedule versus actual completion, including changes required to the
schedule, unexpected site conditions and adjustments, significant unexpected delays and
corrections, and/or other significant deviations from the original project plan.
• Summary of activities completed as well as those not completed and why, as well as a brief
summary of any additional phases yet to be completed.
• Dated color photo documentation of work performed (representative of the entire project),
appropriate figures (site location, site plan(s), etc.), appropriate tables summarizing
data/information relevant to Grant Work Plan tasks, and appropriate attachments relevant to the
project.
• A summary of the campaign development.
DEP Agreement No. NF054, Attachment 3, Page 2 of 4
• Discussion of the education campaign effectiveness, including any measurements used to
evaluate the project (surveys, estimated audience size, etc.).
The following language shall be included on the cover page of the Final Report:
"This Project and the preparation of this report has been funded wholly or in part by the U.S. Environmental
Protection Agency (EPA) to the Tampa Bay Estuary Program through an agreement/contract with the
Nonpoint Source Management Program of the Florida Department of Environmental Protection under
federal grant agreement C9-99451518-0. The total cost of the Project was $[show actual amount], of which
$[show actual amount] or [show actual percentage] percent was provided by the U.S. Environmental
Protection Agency. The contents of this document do not necessarily reflect the views and policies of the
EPA, nor does the EPA endorse trade names or recommend the use of commercial products mentioned in
this document."
Documentation: The Grantee will submit: 1) a copy of the draft Final Report in Word format; and 2) a
copy of the Department -approved Final Report, in Word or PDF format.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables are provided as described above. Upon review and written acceptance by the Department's
Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement or match
documentation following the conclusion of the task.
PROJECT TIMELINE: The tasks must be completed and all documentation received by the
corresponding task end date. If at any time, this Grant Agreement is amended to extend the Grant
Agreement end date, in no event shall grant project work be authorized past EPA's 319(h) 2018 grant end
date of 9/30/2022, regardless of whether it is grant -funded work or match -funded work. For the 31918 grant
or match funded work, the Grantee shall submit a final payment request no later than 30 days following the
grant end date of 9/30/2022 to assure the availability of funds.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. NF054, Attachment 3, Page 3 of 4
1
Public Education
Upon Execution
09/01/2021
2
Final Report — Draft
Upon Execution
10/31/2021
Final Report
Upon Execution
12/31/2021
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. NF054, Attachment 3, Page 3 of 4
BUDGET DETAIL BY TASK: Cost reimbursable grant funding must not exceed the budget amounts as
indicated below. Match funding shall be provided in the categories indicated below.
SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable funding or match hourly and
fringe rate(s) by position may not exceed those indicated below.
1-2
Science Policy Coordinator
35.33
36
Communication & Outreach
Coordinator
25.64
36
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. NF054, Attachment 3, Page 4 of 4
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Contractual Services
$66,000
$66,000
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Salary
$4,965
$4,965
Frin$e
$1,785
$1,785
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Contractual Services
$1,500
$1,500
Salary
$552
$552
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$198
$198
1
SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable funding or match hourly and
fringe rate(s) by position may not exceed those indicated below.
1-2
Science Policy Coordinator
35.33
36
Communication & Outreach
Coordinator
25.64
36
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. NF054, Attachment 3, Page 4 of 4
FUNDING AGREEMENT BETWEEN
THE TAMPA BAY ESTUARY PROGRAM AND PINELLAS COUNTY
FOR SOCIAL MARKETING CAMPAIGN TO REDUCE SANITARY
SEWER OVERFLOWS IN THE TAMPA BAY WATERSHED
THIS AGREEMENT BETWEEN PINELLAS COUNTY AND THE TAMPA BAY
ESTUARY PROGRAM 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 "Agreement") is entered into this 13 day of
February , 2020, by and between PINELLAS COUNTY, a political subdivision of the
State of Florida ("COUNTY"), and the Tampa Bay Estuary Program, a special district of
the State of Florida ("TBEP").
WITNESSETH:
WHEREAS, TBEP and COUNTY sit on the Pinellas Wastewater/Stormwater Task
Force together;
WHEREAS, TBEP and COUNTY 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, reducing the occurrence of SSOs is a priority action identified in the
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;
WHEREAS, on April 23, 2019, TBEP received a $75,000.00 matching grant (the
"FDEP SSO 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 "Project");
WHEREAS, COUNTY is willing to contribute $22,217.00 to TBEP for its matching
share required under the FDEP SSO Grant;
WHEREAS, COUNTY is entering into a separate interlocal agreement with the
cities of Clearwater, Dunedin, Gulfport, Largo, Oldsmar, Pinellas Park, Safety Harbor, St.
Petersburg, and Tarpon Springs to collect the remaining funds ($52,783.00) for TBEP's
$75,000.00 matching share required under the FDEP SSO Grant, as well as an extra
$2,536.00 to facilitate Project completion, bringing the total to $77,536.00;
WHEREAS, the purpose of this Agreement is to provide a mechanism for
COUNTY to pay TBEP 100% of TBEP's matching share required under the FDEP SSO
Grant.
1
NOW THEREFORE, in consideration of the mutual terms, covenants,
representations, and conditions herein contained, the parties agree as follows:
1. Performance of Services:
TBEP shall perform all services defined under the "Project Scope of Services,"
which is attached hereto and incorporated herein as Exhibit A below, and comply with the
terms and conditions therein. TBEP shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all designs, drawings,
specifications, reports, and other services fumished by TBEP under this Agreement.
TBEP shall orally consult with COUNTY regarding the Project on a bi-monthly basis or at
any time upon COUNTY's request.
2. Funding:
COUNTY agrees to reimburse TBEP up to $77,536.00, for completion of the
Project in accordance with the following:
TBEP shall submit an invoice to COUNTY upon completion of each of the four (4)
Project Tasks defined under the Project Scope of Services ("Invoice"). Together with each
Invoice, TBEP shall submit the following accompanying records: (1) a certification that
the Invoice is accurate and that TBEP has expended all invoiced funds in furtherance of
the Project ("Certification); (2) a task completion report detailing how funds from any and
all sources have been and/or will be expended in furtherance of the Project ("Task
Completion Report"); and (3) any newly completed deliverables as defined under the
Project Scope of Services ("Deliverables"). Certifications shall consist of appropriate
language composed by TBEP; the requisite composition of Task Completion Reports and
Deliverables are expounded upon in the Project Scope of Services.
Within thirty (30) days of receiving an Invoice, COUNTY shall either: (1) provide
full payment to TBEP for that Invoice; or (2) if COUNTY finds the Invoice, Certification,
Task Completion Report, or Deliverables unacceptable for any reason, provide written
notice to TBEP of any defects. If COUNTY provides a written notice of defects, TBEP
shall have thirty (30) days from receipt of said notice to cure said defects and provide
written evidence of same to COUNTY.
3. Agreement Term:
This Agreement shall become effective upon execution by both parties and filing
by COUNTY with the Pinellas County Clerk of Court. This Agreement shall expire on
December 31, 2021, unless terminated earlier as provided in Section Four (4) below.
2
4. Termination:
This Agreement may be terminated in writing by either party for failure to perform
upon fifteen (15) days of receipt of notice of termination by the other party. If this
Agreement is terminated, TBEP shall, within seven (7) days of such termination, refund
to COUNTY all remaining unexpended funds paid to TBEP by COUNTY under this
Agreement.
In accordance with Section Five (5) below, any termination notice shall be sent by
e-mail or USPS Certified Mail and deemed delivered or received on the date reflected by
the e-mail read receipt or certified mail delivery receipt.
5. Project Managers and Notice:
In order to assure proper coordination and review throughout the term of this
Agreement, TBEP and County each designate a "Project Manager" as follows:
TBEP
Maya Burke, Science Policy Coordinator
Tampa Bay Estuary Program
263 - 13th Avenue South, Suite 350
St. Petersburg, FL 33701
mburke@a.tber .orq
COUNTY
Stacey Day, Environmental Program Manager
Pinellas County Environmental Management
22211 US Hwy 19 N, Bldg. 10
Clearwater, FL 33765
sdav aC�.pinellascountv.orq
The Project Managers shall be responsible for transmitting and receiving all
communications concerning this Agreement to the other party. All notices, invoices,
approvals, and other correspondence required by law and this Agreement shall be in
writing and delivered via e-mail or USPS Certified Mail to the respective Project Manager.
Notice shall be considered delivered or received as reflected by an e-mail read receipt or
a certified mail delivery receipt.
6. Payment Limitations and Fiscal Non -Funding:
Project costs incurred prior to the effective date of this Agreement are not fundable
under this Agreement.
COUNTY shall not be responsible for the operation, maintenance, or capital
refreshment of any assets resulting in any way from the Project, including but not limited
to any and all Deliverables.
3
This Agreement is not a general obligation of COUNTY. It is understood that
neither this Agreement nor any representation by any County employee or officer 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 COUNTY, or any department, beyond the monies budgeted and available for this
purpose. If funds are not appropriated by COUNTY for any or all of this Agreement,
COUNTY shall not be obligated to pay any sums provided pursuant to this Agreement
beyond the portion for which funds are appropriated. COUNTY agrees to promptly notify
TBEP in writing of such failure of appropriation, and upon receipt of such notice, this
Agreement, and all rights and obligations contained herein, shall terminate without liability
or penalty to COUNTY.
7. Records and Audit:
TBEP agrees:
a) To retain all data, financial records, statistical records, and any other
records (including electronic storage media) pertinent to this Agreement ("Records") for a
period of three (3) years after termination or expiration of this Agreement or, if an audit
has been initiated in accordance with subsection c) of this Section Seven (7) below and
audit findings have not been resolved at the end of three (3) years, the records shall be
retained until resolution of the audit findings.
b) To maintain all Records in accordance with generally accepted accounting
procedures and practices that sufficiently and properly reflect all revenues and
expenditures of funds provided by COUNTY under this Agreement.
c) To assure that all Records are subject at all reasonable times for inspection,
review, audit, copy, or removal from premises by COUNTY personnel and other
personnel duly authorized by COUNTY.
d) To fully comply with the provisions of Chapter 119, Florida Statutes, as
applicable.
e) To include all requirements in this Section Seven (7) in all approved
contracts and subcontracts under this Agreement.
8. Indemnification and Non -Agency Relationship:
To the greatest extent under applicable law, TBEP agrees to indemnify and defend
COUNTY, its officers, and employees, against all claims of any nature arising out of the
Project. Nothing contained herein shall constitute a waiver by either party of its sovereign
immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be
construed as consent by either party to be sued by third parties in any manner arising out
this Agreement or contracts related thereto.
4
TBEP acknowledges that is an independent party and not an agent of County.
9. Modification of Agreement:
This Agreement represents the entire agreement of the parties. Any alterations,
variations, changes, modifications, or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing, duly signed by each of the parties
hereto, and attached to the original of this Agreement.
10. Assignment:
This Agreement may not be assigned by either party without the prior written
consent of the other party. The parties each bind itself, its successors, assigns, and legal
representatives to the other party hereto and to the successors, assigns, and legal
representatives of such other party in respect to all covenants and obligations contained
herein.
11. Contractors:
Before any contractor or subcontractor, including any contractor or subcontractor
identified in the Project Scope of Services, begins any work under this Agreement, the
County must provide prior written consent to TBEP.
12. Compliance with Applicable Laws:
TBEP shall ensure that at all times and in all aspects of the Project, TBEP, its
employees, agents, and contactors are in compliance with all applicable Federal, state,
and local taws.
13. Governing Laws:
This Agreement and the rights and obligations of the parties hereto shall be
governed and construed according to the laws of the State of Florida.
14. Conditions Precedent and Subsequent:
Execution of an interlocal agreement(s) between COUNTY and any municipalities
in Pinellas County providing for cumulative payment of at least 100% ($75,000.00) of
TBEP's matching share required under the FDEP SSO Grant is a condition precedent to
performance of this Agreement.
Termination of the FDEP SSO Grant is a condition subsequent to performance of
this Agreement; in event of such termination, TBEP shall, within seven (7) days of such
termination, refund to COUNTY all remaining unexpended funding paid to TBEP by
COUNTY under this Agreement.
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IN WITNESS WHEREOF, the parties have caused these presents to be duly
executed, as of the day and year first above-mentioned.
PINELLAS COUNTY, FLORIDA
BY:
Barry A. Burton, County Administrator
Approved as to Form:
BY:
464.d.
Brendan Mackesey, Assi ant County Attomey
TAMPA BAY ESTUARY PROGRAM
BY:
Ed Sherwood, Executive`Director
6
EXHIBIT A
PROJECT SCOPE OF SERVICES
Social Marketing Campaign to Reduce Sanitary Sewer Overflows in the Tampa Bay Watershed
PROJECT SUMMARY:
Sanitary sewer overflows are generally caused by a lack of treatment capacity, systemic breakdowns
(equipment failure, 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 (illicit connections, leaky
pipes). There is a shared responsibility to address the systematic causes of overflows by both public entities
(maintain treatment capacity, equipment and main distribution lines) and private citizens (proper disposal
of fats/oils/grease and non-flushable items, eliminate illicit connections, and repair/replace failing
privately -owned lateral lines, etc.). Reducing the occurrence of SSOs is a priority action identified in the
Comprehensive Conservation and Management Plan for Tampa Bay (WW -5) and contributes to the
continued maintenance and improvement of water quality in Tampa Bay.
The Tampa Bay Estuary Program will develop a community-based social marketing campaign focused on
private citizen behaviors that reduce the occurrence of sanitary sewer overflows and improve water quality
in Tampa Bay. The primary goal of the campaign would be to encourage the repair/replacement of failing
private sewer laterals and will address two target audiences: 1) homeowners and 2) plumbing professionals
in the Tampa Bay region. A secondary goal would be to address other behaviors, such as reducing water
use during storm events, properly disposing of fats/oils/grease and non-flushable items, or eliminating illicit
connections.
DELIVERABLES:
• Semi-annual Progress Reports (due by March 31 and September 30)
• Task Completion Reports, with Invoices as defined below
Final Project Report summarizing the results of the project
TOTAL BUDGET: $77,536.00
TASK DESCRIPTIONS:
TASK 1. Market Research
The selected Contractor will research other relevant campaigns and conduct surveys and/or focus
groups to 1) determine the target behaviors and audience(s) most likely to reduce the occurrence
of SSOs and 2) identify the barriers and benefits most likely to shape an effective strategy that
motivates citizens to undertake desired actions. The selected Contractor will test and develop
creative concepts that respond to the market research. Draft concepts will be vetted through the
stakeholder group. A report summarizing market research and focus group results will be
provided.
TASK 2. Marketing Plan
The Contractor will develop a marketing plan detailing implementation of the campaign using a
variety of methods including digital ads/social shareables; printed material for distribution (e.g.
flyers, bill stuffers, rack cards); and a campaign landing web page. The plan will describe relevant
goals, success measures, strategies, tactics, creative concepts, key messages, timeline, and budget.
TASK 3. Media Placement
Paid media placement (outdoor, print, digital, or other channels) will be documented. The selected
Contractor will track key performance indicators (including reach, frequency, impressions, clicks,
engagement rates, cost per metrics) and optimize digital placement in response.
7
TASK 4. Project Evaluation
The selected Contractor will evaluate campaign effectiveness using process measures (such as
website visits, resource downloads, or earned, paid and social media analytics) and outcome
measures (such as social media sentiment analysis) to capture outcomes that are relevant to the
level of effort on duration of the media buy. TBEP will work with the selected Contractor and
stakeholder group to identify and report on longer term, resource-based metrics. Findings will be
summarized in a final report that compiles all marketing materials and documents the campaign
development approach.
PROJECT TIMELINE:
Task
Months Following Notice to Proceed
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
1
$11,350.00
-
-
X
$1,135.00
$1,135.00
Task 3: Media Placement
$31,451.00
$28,915.00
$43,900.00
Project
$28,822.36
$26,286.36
Admin
$2,628.64
$2,628.64
2
Task 4: Project Evaluation
$2,250.00
$2,250.00
-.
_
-
X
Admin
$204.55
$204.55
TOTAL
$77,536.00
$75,000.00
$50,000.00
3
-..-
-
X
4
Task No.
Task Title
Task Start Date
Task End Date
1
Market Research
03/01/2020
06/30/2020
2
Marketing Plan
06/01/2020
9/30/2020
3
Media Placement
09/01/2020
12/31/2020
4
Project Evaluation
11/01/2020
04/30/2021
PROJECT BUDGET:
Description
Pin .Co Share
319h
TBEP
(future phase)
Task 1: Market Research
$31,350.00
$31,350.00
$0
Project
$28,500.00
$28,500.00
Admin
$2,850.00
$2,850.00
Task 2: Marketing Plan
$12,485.00
$12,485.00
$0
Project
$11,350.00
$11,350.00
Admin
$1,135.00
$1,135.00
Task 3: Media Placement
$31,451.00
$28,915.00
$43,900.00
Project
$28,822.36
$26,286.36
Admin
$2,628.64
$2,628.64
Task 4: Project Evaluation
$2,250.00
$2,250.00
$6,100.00
Project
$2, 045.45
$2, 045.45
Admin
$204.55
$204.55
TOTAL
$77,536.00
$75,000.00
$50,000.00
8