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INTERLOCAL AGREEMENT FOR WATER QUALITY MONITORING AND ASSESSMENTPINELLAS 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 Pinellas County INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND NPDES MS4 CO -PERMITTEES FOR WATER QUALITY MONITORING AND ASSESSMENT AGREEMENT PREPARED BY DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL MANAGEMENT MARCH 2020 Page 1 of 31 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND NPDES MS4 CO -PERMITTEES FOR WATER QUALITY MONITORING AND ASSESSMENT This INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) CO -PERMITTEES FOR WATER QUALITY MONITORING AND ASSESSMENT (this "Agreement"), is made and entered into on this day of 2020, between (1) Pinellas County, a political subdivision of the State of Florida (the "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 the "CO -PERMITTEES"). WITNESSETH: WHEREAS, the COUNTY and CO -PERMITTEES are co -permittees on Florida Department of Environmental Protection (FDEP) NPDES MS4 Permit FLS000005 (the "MS4 Permit"), which is effective July 1, 2018 through June 30, 2023; WHEREAS, Part V.B.2 of the MS4 Permit requires that the parties develop a Water Quality Monitoring and Assessment Program ("Assessment Program"), either individually or collaboratively, to gauge the overall effectiveness of each party's respective Page 2 of 31 Stormwater Management Programs in identifying local sources where the MS4 is adversely affecting surface water quality; WHEREAS, the parties desire to complete the requisite Assessment Program collaboratively; WHEREAS, the COUNTY is willing to fully perform the Assessment Program on the terms and conditions stated herein and CO -PERMITTEES are agreeable to same; and WHEREAS, the parties agree that cost-sharing the Assessment Program based on jurisdictional area is fair and equitable. NOW THEREFORE, in consideration of the mutual covenants hereafter set forth, the parties hereto mutually agree as follows: SECTION 1. RECITALS The recitals set forth in the 'WHEREAS" clauses above are ratified, confirmed as true and correct, and are incorporated into this Agreement. SECTION 2. COUNTY PERFORMANCE OF ASSESSMENT PROGRAM The COUNTY shall fully perform the Assessment Program, as detailed in Exhibit A attached hereto, for Fiscal Years 2021, 2022, 2023, 2024, and 2025. For purposes of this Agreement, a "Fiscal Year" is October 1 through September 30. SECTION 3. COST ALLOCATION The parties, including the COUNTY for unincorporated areas, shall share the total actual annual operating, labor, and laboratory analyses costs ("Costs") of the Assessment Program on a pro -rata basis based upon jurisdictional acreage as provided in Exhibit B Page 3 of 31 attached hereto. The COUNTY shall determine Costs for each Fiscal Year in the first quarter of each subsequent calendar year. For example, the County shall determine Costs for Fiscal Year 2021 between January 2022 and March 2022. By April 1 of each year, the COUNTY shall invoice each CO -PERMITTEE for its respective share of Costs for the prior Fiscal Year. For example, invoices for Fiscal Year 2021 (October 1, 2020 through September 30, 2021) shall be delivered to CO - PERMITTEES no later than April 1, 2022. Each CO -PERMITTEE shall make payment of such invoice to the COUNTY within forty-five (45) days of receipt of the invoice in accordance with the Florida Prompt Payment Act, section 218.72, et. seq., Florida Statutes. The invoice shall include a breakdown of operating, labor, and laboratory analyses costs. SECTION 4. NOTICE All notices, payments, and other written communications between the parties 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 at the contact information provided below: Page 4 of 31 Belleair Bluffs: Mr. Russ Schmader rschmader@belleairbluffs-fl.gov Public Works Supervisor City of Belleair Bluffs 2747 Sunset Blvd. Belleair Bluffs, FL 33770 Clearwater: Ms. Sarah Kessler sarah. kessler@myclearwater. com Engineering Department City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Gulfport: Mr. Tom Nicholls tnicholls@mygulfport.us Public Works Director City of Gulfport 2401 53rd St. South Gulfport, FL 33707 Kenneth City Mr. Matthew Campbell campbellm@kennethcityfl.org Town Manager Town of Kenneth City 6000 54th Ave. N. Kenneth City, FL 33709-1800 Madeira Beach: Mr. Robert J. Daniels rdaniels@madeirabeachfl.gov City Manager City of Madeira Beach 300 Municipal Drive Madeira Beach, FL 33708-1996 Oldsmar: Ms. Janice C. Bennett nbennett@myoldsmar.com Public Works Director City of Oldsmar 100 State Street West Oldsmar, FL 34677-3756 Belleair: Mr. Michael Shumaker mshumaker@townofbelleair.net Public Services Manager Town of Belleair 901 Ponce De Leon Blvd. Belleair, FL 33756-1096 Belleair Beach: Mr. Lynn Rives lynn.rives@cityofbelleairbeach.com City Manager City of Belleair Beach 444 Causeway Boulevard, Belleair Beach, Florida 33786 Dunedin: Ms. Whitney Marsh wmarsh@dunedinfl.net Stormwater Program Coordinator City of Dunedin 1405 County Road 1 Dunedin, FL 34698 Indian Rocks Beach: Mr. Dean Scharmen dscharmen@irbcity.com Public Services Director City of Indian Rocks Beach 1507 Bay Palm Blvd. Indian Rocks Beach, FL 33785-2899 Largo: Mr. Jerald Woloszynski jwoloszynski@Iargo.com City Engineer City of Largo P.O. Box 296 Largo, FL 33779-0296 North Redington Beach: Ms. Mari Campbell nrb.fl@townofnorthredingtonbeach. com Town Clerk Town of N. Redington Beach 190173rd Avenue North Redington Beach, FL 33708-1397 Page 5 of 31 Redington Beach: Ms. Missy Clarke townclerk@townofredingtonbeach.com Town Clerk Town of Redington Beach 105 164th Ave. Redington Beach, FL 33708-1519 Safety Harbor: Mr. Matthew Spoor mspoor@cityofsafetyharbor. corn City Manager City of Safety Harbor 750 Main St. Safety Harbor, FL 34695 Seminole: Mr. Rodney Due rdue@myseminole.com 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, FL 33706-1839 Treasure Island: Mr. Mike Helfrich mhelfrich@mytreasureisland.org Public Works Director Treasure Island Public Works 120 108th Avenue Treasure Island, FL 33706 Pinellas Park: Mr. Daniel Hubbard dhubbard@pinellas-park.com Transportation & Stormwater Div. Director City of Pinellas Park 6051 78th Ave. N. Pinellas Park, FL 33781 Redington Shores: Ms. Sarah Mauter townclerk@townofredingtonshores.com Deputy Town Clerk Town of Redington Shores 17425 Gulf Blvd. Redington Shores, FL 33708-1299 South Pasadena: Mr. Gary Anderson pworks@mysouthpasadena.com Public Works Director City of South Pasadena 7047 Sunset Dr. S. South Pasadena, FL 33707-2895 Tarpon Springs: Mr. Anthony Mannello amannello@ctsfl.us Streets and Stormwater Supervisor City of Tarpon Springs 325 E. Pine Street Tarpon Springs, FL 34689 Page 6 of 31 SECTION 5. AGREEMENT TERM This Agreement shall take effect after the COUNTY, pursuant to Section 163.01(11), Florida Statutes, has filed a fully executed version of this Agreement with the Clerk of Circuit Court of Pinellas County. This Agreement shall remain in effect until all invoices for Fiscal Year 2025 are paid. SECTION 6. WITHDRAWAL FROM AGREEMENT Any party may withdraw from Agreement by notifying all other parties in writing at least thirty (30) calendar days prior to the beginning of the next Fiscal Year, which is no later than September 1. Notwithstanding any CO-PERMITTEE'S withdrawal, this Agreement shall remain in full force and effect as it pertains to the remaining CO - PERMITTEES and the COUNTY. If the COUNTY withdraws, however, this AGREEMENT shall terminate upon receipt of notice by all CO -PERMITTEES. SECTION 7. NON -APPROPRIATION The parties 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 such appropriations by any party's governing body are reduced or eliminated, that party shall promptly notify the other parties. In such event, that party shall owe no funds for the Fiscal Year(s) that funds were not appropriated. Each party understands that this Agreement is not a commitment of future appropriations by any party's governing body. Page 7 of 31 SECTION 8. LIABILITY Each party shall be responsible for its own negligence under this Agreement. Nothing herein shall be construed as a waiver of any party's sovereign immunity under Section 768.28, Florida Statutes. Nothing herein shall be construed as consent by any party to be sued by third parties. SECTION 9. CHOICE OF LAW 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. 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 At all times, the parties shall 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, including but not limited to Florida laws regarding the retention and disclosure of public records. 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. Page 8 of 31 This Agreement may be amended, extended, or terminated 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 under the rule of law, the remainder of this Agreement shall remain in full force and effect. Page 9 of 31 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners By: Pat Gerard, Chair ATTEST: Deputy Clerk APPROVED AS TO FORM: Brendan Mackesey, Assistant County Attorney Page 10 of 31 THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND NPDES MS4 CO -PERMITTEES FOR WATER QUALITY MONITORING AND ASSESSMENT CITY OF CLEARWATER, FLORIDA, A municipal corporation and political subdivision of the State of Florida 4 4 4 Frank Hibbard William B Horne II Mayor City Manager Approved as to form: Attest: Laura Mahony Attorney Rosemarie Call City Clerk