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HomeMy WebLinkAbout2003-195 St . Johns River Alliance Memorandum of Understanding between United States Environmental Protection Agency, State of Florida Department of Environmental Protection , East Central Florida Regional Planning Council , Northeast Florida Regional Planning Council , and Subscribing Local Governments Whereas , the 310 -mile St. Johns River in the State of Florida was officially designated an American Heritage River by the President of the United States on July 30 , 1998 , in recognition of its ecological , historic , economic and cultural significance , and Whereas , subsequent thereto , a Partnership Agreement was executed between the United States Environmental Protection Agency, and State of Florida which established the St. Johns American Heritage River Initiative , provided for goals and objectives , provided for a Steering Committee for carrying out the goals and objectives of the program , provided for advisory committees , and provided for participation by federal agencies through the appointment of a River Navigator, and Whereas , the Steering Committee has worked with its primary partners , the Florida Department of Environmental Protection , St. Johns River Water Management District, and other state and federal partners to raise awareness about the importance of restoration , conservation , and public access relating to the St. Johns River culminating in a River Summit attended by over 1500 people who expressed continued interest in a watershed restoration and enhancement effort; and Whereas , as a result of the River Summit, the St . Johns Restoration Working Group was convened and concluded that the structure of the American Heritage Rivers Initiative provides the opportunity to convene a public-private partnership to further the goals of the American Heritage Rivers Initiative and the overall restoration goals of its partners through a new non- governmental organization ; and Whereas , the new St . Johns River Alliance will further the goals of the St. Johns American Heritage River Initiative , and the restoration goals of the Summit and promote , preserve , protect, restore , and celebrate the St . Johns River in recognition of its ecological , historic, economic , recreational and cultural significance , so that the public may gain a greater appreciation and understanding of its importance to the quality of life of current and future generations . Page 1 of 8 St . Johns River Alliance Memorandum of Understanding between United States Environmental Protection Agency, State of Florida Department of Environmental Protection , East Central Florida Regional Planning Council , Northeast Florida Regional Planning Council , and Subscribing Local Governments Whereas , the 310 -mile St. Johns River in the State of Florida was officially designated an American Heritage River by the President of the United States on July 30 , 1998 , in recognition of its ecological , historic , economic and cultural significance , and Whereas , subsequent thereto , a Partnership Agreement was executed between the United States Environmental Protection Agency, and State of Florida which established the St. Johns American Heritage River Initiative , provided for goals and objectives , provided for a Steering Committee for carrying out the goals and objectives of the program , provided for advisory committees , and provided for participation by federal agencies through the appointment of a River Navigator, and Whereas , the Steering Committee has worked with its primary partners , the Florida Department of Environmental Protection , St. Johns River Water Management District, and other state and federal partners to raise awareness about the importance of restoration , conservation , and public access relating to the St. Johns River culminating in a River Summit attended by over 1500 people who expressed continued interest in a watershed restoration and enhancement effort; and Whereas , as a result of the River Summit, the St . Johns Restoration Working Group was convened and concluded that the structure of the American Heritage Rivers Initiative provides the opportunity to convene a public-private partnership to further the goals of the American Heritage Rivers Initiative and the overall restoration goals of its partners through a new non- governmental organization ; and Whereas , the new St . Johns River Alliance will further the goals of the St. Johns American Heritage River Initiative , and the restoration goals of the Summit and promote , preserve , protect, restore , and celebrate the St . Johns River in recognition of its ecological , historic, economic , recreational and cultural significance , so that the public may gain a greater appreciation and understanding of its importance to the quality of life of current and future generations . Page 1 of 8 Now therefore , the parties hereto , do agree as follows : 1 . The American Heritage Rivers Initiative Partnership Agreement between the St. Johns River Community* , State , Regional and Federal Agencies , dated December 15 , 1999 , shall be modified by this agreement. 2 . It is mutually agreed that the signatory partners , being those federal agencies , state agencies , and local governments who enter into this agreement, support the St. Johns American Heritage River Initiative , a public private partnership supporting conservation and restoration of the St . Johns River together with promoting ecological , historical, and cultural resources along the St. Johns River. 3 . The parties hereto shall cause to be formed the St. Johns River Alliance , a Florida not for profit federal tax exempt corporation to facilitate intergovernmental and public support, whose mission will be to promote , preserve , protect, and celebrate the St . Johns River as an American Heritage River in recognition of its ecological , historic, economic , recreational , and cultural significance , and to further conservation and restoration efforts so that the public may gain a greater appreciation for its importance to the quality of life of current and future generations . 4 . Each of the state and local agencies who subscribe to this agreement agree to appoint an individual to serve at its pleasure on the Board of Directors of the St. Johns River Alliance , Inc , pursuant to the Articles of Incorporation and By-Laws of the corporation . 5 . The parties hereto acknowledge that that the St . Johns River Alliance , Inc. , may seek grants , contracts , and other agreements among the supporting agencies and from other agencies , foundations , and donors to further its mission . The parties also acknowledge that the entity created by this agreement may advocate specific policy initiatives before public agencies who are signatories to this agreement subject to limitations set forth in the Internal Revenue Code . * The River Community consists of the nominating city, the City of Jacksonville, Florida, as well as local . governments along the banks of the entire stretch of the St. Johns River, area government agencies, business, agricultural, historic/cultural, recreation, environmental, tourism, and community groups and citizens. Page 2 of 8 R Now therefore , the parties hereto , do agree as follows : 1 . The American Heritage Rivers Initiative Partnership Agreement between the St. Johns River Community* , State , Regional and Federal Agencies , dated December 15 , 1999 , shall be modified by this agreement. 2 . It is mutually agreed that the signatory partners , being those federal agencies , state agencies , and local governments who enter into this agreement, support the St. Johns American Heritage River Initiative , a public private partnership supporting conservation and restoration of the St . Johns River together with promoting ecological , historical, and cultural resources along the St. Johns River. 3 . The parties hereto shall cause to be formed the St. Johns River Alliance , a Florida not for profit federal tax exempt corporation to facilitate intergovernmental and public support, whose mission will be to promote , preserve , protect, and celebrate the St . Johns River as an American Heritage River in recognition of its ecological , historic, economic , recreational , and cultural significance , and to further conservation and restoration efforts so that the public may gain a greater appreciation for its importance to the quality of life of current and future generations . 4 . Each of the state and local agencies who subscribe to this agreement agree to appoint an individual to serve at its pleasure on the Board of Directors of the St. Johns River Alliance , Inc , pursuant to the Articles of Incorporation and By-Laws of the corporation . 5 . The parties hereto acknowledge that that the St . Johns River Alliance , Inc. , may seek grants , contracts , and other agreements among the supporting agencies and from other agencies , foundations , and donors to further its mission . The parties also acknowledge that the entity created by this agreement may advocate specific policy initiatives before public agencies who are signatories to this agreement subject to limitations set forth in the Internal Revenue Code . * The River Community consists of the nominating city, the City of Jacksonville, Florida, as well as local . governments along the banks of the entire stretch of the St. Johns River, area government agencies, business, agricultural, historic/cultural, recreation, environmental, tourism, and community groups and citizens. Page 2 of 8 R a 6 . This agreement contemplates that the Environmental Protection Agency will continue to employ a River Navigator who will , consistent with their official duties , be staff coordinator for the St. Johns River Alliance , Inc . and may give technical direction to employees and contractors of the Alliance , however personnel decisions such as the hiring, firing and promotion of employees , and the hiring, termination and day to day management of contractors is the responsibility of the Board of Directors of the St. Johns River Alliance . 7 . The parties continue to acknowledge that no part of the St. Johns American Heritage River Initiative or this agreement , or the creation of the St. Johns River Alliance , Inc, constitute any change in the existing land use , water use or water and air quality controls enacted by federal, state or local governments with jurisdiction over or along the St. Johns River; nor shall this agreement be construed to beneficially or adversely affect the property rights of land owners ; nor shall it impede affected state , local or federal governments from fully exercising any regulatory authority they may already have or hereafter acquire independent of this agreement. It is not intended to transfer funds to or from the Federal agencies that are signatories to the agreement . 8 . Public/Private Partnership Structure A. Board of Directors . The Board of Directors of the St. Johns River Alliance , Inc . shall assume the role of the Steering Committee for the St. Johns River American Heritage River Initiative (AHRI) as set forth under the original partnership agreement. The membership shall consist of the following: • An individual appointed by the Mayor of Jacksonville • An individual appointed by the County Commission or Council of each of the following counties : Clay , St , Johns , Putnam , Lake , Flagler, Volusia , Brevard, Seminole , Orange , Osceola , and Indian River. • An individual each appointed by the Northeast Florida Regional Planning Council and the East Central Florida Regional Planning Council . • Nine citizens elected by the Board of Directors being equally divided between the upper, middle , Page 3 of 8 a 6 . This agreement contemplates that the Environmental Protection Agency will continue to employ a River Navigator who will , consistent with their official duties , be staff coordinator for the St. Johns River Alliance , Inc . and may give technical direction to employees and contractors of the Alliance , however personnel decisions such as the hiring, firing and promotion of employees , and the hiring, termination and day to day management of contractors is the responsibility of the Board of Directors of the St. Johns River Alliance . 7 . The parties continue to acknowledge that no part of the St. Johns American Heritage River Initiative or this agreement , or the creation of the St. Johns River Alliance , Inc, constitute any change in the existing land use , water use or water and air quality controls enacted by federal, state or local governments with jurisdiction over or along the St. Johns River; nor shall this agreement be construed to beneficially or adversely affect the property rights of land owners ; nor shall it impede affected state , local or federal governments from fully exercising any regulatory authority they may already have or hereafter acquire independent of this agreement. It is not intended to transfer funds to or from the Federal agencies that are signatories to the agreement . 8 . Public/Private Partnership Structure A. Board of Directors . The Board of Directors of the St. Johns River Alliance , Inc . shall assume the role of the Steering Committee for the St. Johns River American Heritage River Initiative (AHRI) as set forth under the original partnership agreement. The membership shall consist of the following: • An individual appointed by the Mayor of Jacksonville • An individual appointed by the County Commission or Council of each of the following counties : Clay , St , Johns , Putnam , Lake , Flagler, Volusia , Brevard, Seminole , Orange , Osceola , and Indian River. • An individual each appointed by the Northeast Florida Regional Planning Council and the East Central Florida Regional Planning Council . • Nine citizens elected by the Board of Directors being equally divided between the upper, middle , Page 3 of 8 and lower basins of the St . Johns River. The citizens shall be dedicated to support the mission of the organization and generally represent conservation , education , science and/or business interests relating to the St. Johns River . B . Advisory Committees . Advisory Committees shall be established for each of the three basins of the river (Lower, Middle and Upper, as defined by the St. Johns Water Management District) to identify needs and priorities for their respective portions of the river. For each of the basins there shall be a Technical Advisory Committee and a Citizen Advisory Committee . Membership of these advisory committees will be set forth in the By-Laws of the St. Johns River Alliance , Inc . The Advisory Committees shall make recommendations to the Steering Committee , C . Planning and Management Committee There shall be a Planning and Management Committee consisting of representatives of the Basin Advisory Committees , as more particularly set forth in the By-Laws , who shall organize and synthesize information from the Basin Advisory Committees for presentation to the Board. D . Federal Agencies The National Environmental Policy Act , 42 U. S . C . 4332 (8) , authorizes Federal agencies to provide States , counties , municipalities , institutions and individuals with advice and information useful in restoring, maintaining, and enhancing the quality of the environment. Executive Order 13061 establishes the American Heritage Rivers Initiative and encourages agencies to support community efforts under the Initiative . Federal agencies included in this agreement are : the Department of Agriculture (Forest Service , Natural Resource Conservation Service , and Rural Development) , Department of Commerce (Economic Development Administration) , Department of Defense (Army Corps of Engineers) , Department of Housing and Urban Development, Department of the Interior (National Park Service , Fish and Wildlife Service, and U. S . Geological Survey) , the Environmental Protection Agency, and the Small Business Administration , and any other signatory federal departments or agencies that could assist in carrying out and implementing priorities and Page 4 of 8 and lower basins of the St . Johns River. The citizens shall be dedicated to support the mission of the organization and generally represent conservation , education , science and/or business interests relating to the St. Johns River . B . Advisory Committees . Advisory Committees shall be established for each of the three basins of the river (Lower, Middle and Upper, as defined by the St. Johns Water Management District) to identify needs and priorities for their respective portions of the river. For each of the basins there shall be a Technical Advisory Committee and a Citizen Advisory Committee . Membership of these advisory committees will be set forth in the By-Laws of the St. Johns River Alliance , Inc . The Advisory Committees shall make recommendations to the Steering Committee , C . Planning and Management Committee There shall be a Planning and Management Committee consisting of representatives of the Basin Advisory Committees , as more particularly set forth in the By-Laws , who shall organize and synthesize information from the Basin Advisory Committees for presentation to the Board. D . Federal Agencies The National Environmental Policy Act , 42 U. S . C . 4332 (8) , authorizes Federal agencies to provide States , counties , municipalities , institutions and individuals with advice and information useful in restoring, maintaining, and enhancing the quality of the environment. Executive Order 13061 establishes the American Heritage Rivers Initiative and encourages agencies to support community efforts under the Initiative . Federal agencies included in this agreement are : the Department of Agriculture (Forest Service , Natural Resource Conservation Service , and Rural Development) , Department of Commerce (Economic Development Administration) , Department of Defense (Army Corps of Engineers) , Department of Housing and Urban Development, Department of the Interior (National Park Service , Fish and Wildlife Service, and U. S . Geological Survey) , the Environmental Protection Agency, and the Small Business Administration , and any other signatory federal departments or agencies that could assist in carrying out and implementing priorities and Page 4 of 8 f plans defined by the river community . Upon request, Federal signatory agencies may provide programmatic and technical advice to . the Board and Advisory Committees , to the extent such advice is consistent with a federal agency's authorities and funding. E . State and Regional Agencies . The State agency include is the Department of Environmental Protection . It is anticipated that there will be continued support from the East Central Florida Regional Planning Council, and Northeast Florida Regional Planning Council and any other state departments , agencies and programs that could assist in carrying out and implementing priorities and plans defined by the river community . Besides serving on the Board as described above , state and regional signatory agencies will provide programmatic and technical advice to the Board and Advisory Committees , when requested . F . Sponsoring Federal Agency - Environmental Protection Agency. The U . S . Environmental Protection Agency is the sponsor agency of the American Heritage Rivers Initiative . EPA has broad authority under environmental statutes , including 1104 (b) of the Clean Water Act, 33 USC ' 1254(b) , to cooperate with state and local governments and private agencies in efforts to protect the environment. EPA will continue to appoint a River Navigator to serve as liaison to the Alliance . The parties to this agreement acknowledge that EPA participation is subject to availability of Congressionally appropriated funding. G . River Navigator . The role of the River Navigator shall be to ( 1) provide information regarding the availability of federal assistance for projects which support the river community's plan and priorities for the St . Johns River (2) serve as liaison between the river community , the federal government , the state and local governments and private sector interests , (3) provide other informational services , (4) offer technical advice to Board Members , employees and contractors of the Alliance and (5) serve as a community facilitator . Page 5 of 8 f plans defined by the river community . Upon request, Federal signatory agencies may provide programmatic and technical advice to . the Board and Advisory Committees , to the extent such advice is consistent with a federal agency's authorities and funding. E . State and Regional Agencies . The State agency include is the Department of Environmental Protection . It is anticipated that there will be continued support from the East Central Florida Regional Planning Council, and Northeast Florida Regional Planning Council and any other state departments , agencies and programs that could assist in carrying out and implementing priorities and plans defined by the river community . Besides serving on the Board as described above , state and regional signatory agencies will provide programmatic and technical advice to the Board and Advisory Committees , when requested . F . Sponsoring Federal Agency - Environmental Protection Agency. The U . S . Environmental Protection Agency is the sponsor agency of the American Heritage Rivers Initiative . EPA has broad authority under environmental statutes , including 1104 (b) of the Clean Water Act, 33 USC ' 1254(b) , to cooperate with state and local governments and private agencies in efforts to protect the environment. EPA will continue to appoint a River Navigator to serve as liaison to the Alliance . The parties to this agreement acknowledge that EPA participation is subject to availability of Congressionally appropriated funding. G . River Navigator . The role of the River Navigator shall be to ( 1) provide information regarding the availability of federal assistance for projects which support the river community's plan and priorities for the St . Johns River (2) serve as liaison between the river community , the federal government , the state and local governments and private sector interests , (3) provide other informational services , (4) offer technical advice to Board Members , employees and contractors of the Alliance and (5) serve as a community facilitator . Page 5 of 8 H . Membership Expansion and Cooperative Assistance Any organization that offers assistance to the St. Johns River community in implementing plans consistent with the goals of the American Heritage Rivers Initiative may become a party to this agreement with the concurrence of the Board. The Board may request assistance from all federal, state and local agencies and programs , regardless of membership status , that, in the opinion of the Committee , would advance the purposes of the St. Johns River designation as an American Heritage River. This document in no way restricts any individuals or agencies party to this agreement from participating in similar activities with any public or private agencies , organizations or individuals . 9 . Goals and Responsibilities . The goals of the St. Johns River Alliance will be to foster appropriate action to conserve , restore , and enhance the St . Johns River and improve the quality of life in communities along its banks . As appropriate , the federal and state partners will assist the community in identifying possible funding and/or cost-share sources to support projects and programs identified by the river community to improve the river; provide technical support to the river community; coordinate federal and state efforts through a partnership to support the vision and goals of the river community; and facilitate outreach and information on American Heritage River projects . 10 . Evaluation of Success . The signatories agree to periodically review progress made under this agreement and renegotiate the agreement, if necessary, to ensure that the American Heritage Rivers partnership effort is meeting the river community 's needs . 11 . Terms and Modifications of the Agreement This Agreement shall be effective when signed by all parties for five years from that date . Any party may recommend modifications to this agreement. However, the modifications will be effective only upon written concurrence of a majority of signatories hereto . Page 6 of 8 H . Membership Expansion and Cooperative Assistance Any organization that offers assistance to the St. Johns River community in implementing plans consistent with the goals of the American Heritage Rivers Initiative may become a party to this agreement with the concurrence of the Board. The Board may request assistance from all federal, state and local agencies and programs , regardless of membership status , that, in the opinion of the Committee , would advance the purposes of the St. Johns River designation as an American Heritage River. This document in no way restricts any individuals or agencies party to this agreement from participating in similar activities with any public or private agencies , organizations or individuals . 9 . Goals and Responsibilities . The goals of the St. Johns River Alliance will be to foster appropriate action to conserve , restore , and enhance the St . Johns River and improve the quality of life in communities along its banks . As appropriate , the federal and state partners will assist the community in identifying possible funding and/or cost-share sources to support projects and programs identified by the river community to improve the river; provide technical support to the river community; coordinate federal and state efforts through a partnership to support the vision and goals of the river community; and facilitate outreach and information on American Heritage River projects . 10 . Evaluation of Success . The signatories agree to periodically review progress made under this agreement and renegotiate the agreement, if necessary, to ensure that the American Heritage Rivers partnership effort is meeting the river community 's needs . 11 . Terms and Modifications of the Agreement This Agreement shall be effective when signed by all parties for five years from that date . Any party may recommend modifications to this agreement. However, the modifications will be effective only upon written concurrence of a majority of signatories hereto . Page 6 of 8 12 . St. Johns River Alliance , Inc. Attached hereto is a copy of the Articles of Incorporation of St. Johns River Alliance , Inc . the non - governmental organization to be created to establish the framework for the public-private partnership to carry out the goals , objectives , and programs of the St . Johns American Heritage River Initiative as set forth in this agreement . 13 . Termination . Any party may withdraw from this agreement at any time , by writing a letter to the Chairman of the Board of Directors in which the party states that it resigns from the St. Johns River Alliance , Inc . IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT BETWEEN THE PARTIES LISTED BELOW: Mayor Administrator Region IV City of Jacksonville Environmental Protection Agency Director Director Northeast District , FDEP Central District, FDEP Chair Chair Northeast Florida Regional Lake County Commission Planning Council Chair Chair East Central Florida Regional Volusia County Council Planning Council Chair Chair Clay County Commission Seminole County Commission Page 7 of 8 12 . St. Johns River Alliance , Inc. Attached hereto is a copy of the Articles of Incorporation of St. Johns River Alliance , Inc . the non - governmental organization to be created to establish the framework for the public-private partnership to carry out the goals , objectives , and programs of the St . Johns American Heritage River Initiative as set forth in this agreement . 13 . Termination . Any party may withdraw from this agreement at any time , by writing a letter to the Chairman of the Board of Directors in which the party states that it resigns from the St. Johns River Alliance , Inc . IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT BETWEEN THE PARTIES LISTED BELOW: Mayor Administrator Region IV City of Jacksonville Environmental Protection Agency Director Director Northeast District , FDEP Central District, FDEP Chair Chair Northeast Florida Regional Lake County Commission Planning Council Chair Chair East Central Florida Regional Volusia County Council Planning Council Chair Chair Clay County Commission Seminole County Commission Page 7 of 8 Chair Chair St . Johns County Commission Brevard County Commission Chair Chair Putnam County Commission Ora a County C ssion Chair X airs Flagler County Commission Indian River County Commission Chair Osceola County Commission Page 8 of 8 Chair Chair St . Johns County Commission Brevard County Commission Chair Chair Putnam County Commission Ora a County C ssion Chair X airs Flagler County Commission Indian River County Commission Chair Osceola County Commission Page 8 of 8 Contract #96D 110 Renewal #8 EIGHTH RENEWAL TO THE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY FOR CONTROLLING ABANDONED ARTESIAN WELLS THIS RENEWAL AGREEMENT is entered into this 2nd day of September , 2003 , by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("DISTRICT' ), whose mailing address is Post Office Box 1429, Palatka, Florida 32178- 1429 and INDIAN RIVER COUNTY, ("COUNTY"), whose address is 1840 25`i' Street, Vero Beach, Florida 32960. WHEREAS , DISTRICT and COUNTY entered into an Agreement on January 18 , 1996, for the controlling of abandoned artesian wells ; and renewed the Agreement on November 5 , 1996, December 10, 1997, September 9 , 1998 , September 28 , 1999 , October 1 , 2000, October 1 , 2001 , and November 25 , 2002 . WHEREAS , DISTRICT and COUNTY desire to once again renew the original AGREEMENT. NOW, THEREFORE, for and in consideration of the premises which are made a part of this RENEWAL AGREEMENT, and the mutual covenants contained herein, DISTRICT and COUNTY renew the original AGREEMENT, Contract #96D110, for an additional twelve ( 12) month period beginning October 1 , 2003 , and ending September 30 , 2004 , with each party contributing $20 ,000 for controlling abandoned artesian wells . DISTRICT and COUNTY agree that all other terms and conditions of the original Agreement are hereby ratified and continue in full force and effect . above . IN WITNESS WHEREOF, the parties hereto have duly executed this Renewal on the date set forth ST. JOHNS RIVER WATER MANAGEMENT INDIAN RIVER COUNTY DISTRICT BOARD OF COUNTY COMMISSIONERS By: By : Kirby B . Vireen III, Executive Director enneth R. Macht, hairman (Approved by the BCC 09/02/ 3) APPROVED BY THE OFFICE OF GENERAL COUNSEL Attest : 19 lzv AStaneyNiego , psi tant ner Counsel Typed Name and Titl APPROVED AS TO FORM AND LEGAL SUFFICIENCY �y BWiLLIAM L4Nais COUNTY ATTORIMY Page 1 of 1