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2017-033
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Last modified
8/8/2017 10:54:08 AM
Creation date
3/9/2017 11:47:24 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
03/07/2017
Control Number
2017-033
Agenda Item Number
13.C.
Entity Name
Indian River Lagoon National Estuary Program
Subject
Second amended and restated
Interlocal Agreement Volusia, Brevard, St. Lucie,
Martin, Florida Dept. of Environment Protection
St. John's,South Florida Water Management
Bid Number
2017-026
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Volusia County <br />Brevard County <br />St. Lucie County <br />Martin County <br />Indian River County <br />$50,000 <br />$50,000 <br />$50,000 <br />$50,000 <br />$50,000 <br />8.4 Additional Funding. Any gifts, grants, assistance fiends or bequests from any <br />source, public or private, will be in addition to the minimum funding contributions set forth <br />above. <br />8.5 Annual Approval. Each member of the Board of Directors agrees to use its best <br />efforts in securing the funding levels specified above through appropriate approvals from <br />appropriate legislative or governing body each fiscal year. The Parties, however, acknowledge <br />that any funding decisions remain within the sole discretion of each Party. Securing funding <br />approval by the Party will be considered a condition precedent to the funding obligations of the <br />Party each year. <br />ARTICLE 9 — DEFAULT <br />In the event any Party is determined to be in willful and significant noncompliance with <br />the terms of this Agreement, the Board of Directors may, by a 2/3rds vote of all Parties except <br />the Party charged with being in default, remove the non -complying Party from this Agreement. <br />Prior to any such vote by the Board of Directors, the non -complying Party will be given a notice <br />of its non-compliance and an opportunity to remedy the problem within a reasonable period or <br />through a public meeting before the Board of Directors if there is a dispute whether a default <br />exists. If a Party is found to be in noncompliance with permits by the applicable Regulatory <br />Agency(ies), the permitting agencies may take actions to enforce the permits against non- <br />complying Party under the agency's laws and regulations. If any Party is removed under this <br />Article, (i) any monies previously paid hereunder will be conclusively deemed earned and not <br />subject to return to such Party, (ii) any future funding responsibility of such Party will terminate, <br />and (iii) this Agreement will continue as to the remaining Parties. Provided, however, any funds <br />paid before removal not expended, will only be used by the IRL Council in accordance with the <br />approved budget for which such contribution was made. <br />ARTICLE 10 — NOTICE <br />Any and all notices required or permitted to be given hereunder will be in writing, and <br />will be considered delivered if the notice is either personally delivered to each Party at the <br />address set forth in Exhibit B, transmitted by electronic facsimile machine to the fax numbers <br />listed, or sent by U.S. certified or registered mail, postage prepaid, return receipt requested, to <br />10 <br />
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