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HomeMy WebLinkAbout2014-024Record and�return to: jM li int, t t V&&CPU si Yl frire koi,9 T[fit a7 SE.FT L �� ettt GL 3agbD 7 GJ 2210- 146S 3120140034942 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2766 PG 979 Page 1 of 9 6/16/2014 4:33 PM oa.-/ 11/aD 1 4 13. B. cO1'-0(144 INTERLOCAL AGREEMENT FOR CREATION OF THE INDIAN RIVER LAGOON COUNTIES COLLABORATIVE IS INTERLOCAL AGREEMENT (the "Agreement") is made and entered mto this / day of 2014, by and between VOLUSIA COUNTY, BREVARD COUNTY, INDIAN RIV COUN , ST LUCIE COUNTY, and MARTIN COUNTY (the "Member Counties"). RECITALS: WHEREAS, the Indian River Lagoon (the "Lagoon") is a diverse, shallow -water estuary stretching from Volusia County to Palm Beach County, constituting roughly 40 percent of Florida's east coast; and WHEREAS, the Lagoon is an important commercial and recreational fishery and economic resource to the state and region. The total estimated annual economic value of the lagoon is $3.7 billion, supporting 15,000 full and part-time jobs and providmg recreational opportunities for 11 million people per year; and WHEREAS, the Lagoon is at a point of ecological crisis. The coming months could bring a slow recovery to this unique ecosystem or be witness to the collapse of the remaining portion of the estuary that has been sustainable up to this point' and WHEREAS, the County Council of Volusia County and the Board of County Commissioners of Brevard County, Indian River County, St Lucie County, and Martin County wish to enter into this Agreement in order to coordinate efforts to protect the Lagoon; and WHEREAS the undersigned parties have determined that this Agreement is consistent with the requirements of Section 163 01, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the parties desiring to be legally bound, do agree as follows: ARTICLE 1 RECITALS; DEFINITIONS Section 1.01. Recitals. Each and all of the foregoing recitals be and the same hereby incorporated herein and acknowledged to be true and correct to the best of the parties knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Agreement. 01VSERSKSIORE7W'PDATAV.00ALW1CROSOF11WIVDOWSTEMPORARY ATE&VET RLt 51COATEtiT OUTLOOKilFI7OWRCIIRL ILA 24-2014.DOC Page 1 of 6 ARTICLE 2 PURPOSE Section 2.01. General purpose. The purpose of this Agreement is to establish the INDIAN RIVER LAGOON COUNTIES COLLABORATIVE (the "Collaborative") to provide the general public, the St Johns River and South Flonda Water Management Districts the United States Army Corps of Engineers the United States Environmental Protection Agency, the Indian River Lagoon National Estuary Program, the United States Department of Interior, National Oceanic and Atmospheric Administration, National Aeronautics and Space Administration the Florida Department of Environmental Protection, the Florida Fish and Wildlife Conservation Commission the Florida Legislature, the Member Counties and various stakeholder interests and Not for Profit organizations with a local government multi -county work group that will present a variety of issues dealing with the health and welfare of the Indian River Lagoon, and the watersheds draining into and the bodies of water connected to the Lagoon. The Collaborative will strive to advance cooperative opportunities to address issues harming the water quality of the Lagoon, to propose solutions, and to request supportive legislation to facilitate the unified remedial actions the Member Counties have chosen to take. ARTICLE 3 COLLABORATIVE ORGANIZATION AND CREATION Section 3.01. Establishment of Collaborative. The Collaborative is hereby created and established pursuant to the Agreement to carry out the purposes and functions set forth in Articles 2 and 5 The legal name of the Collaborative shall be the Indian River Lagoon Counties Collaborative Section 3.02. Collaborative to operate pursuant to law. In the event that any election, referendum, approval, permit, notice, other proceeding or authorization is required under applicable law to undertake any power, duty, or responsibility hereunder, or to observe assume, or carry out any of the provisions of this Agreement, the Collaborative will, to the extent of its legal capacity, comply with all applicable laws and requirements. Section 3.03. Governing board to act as policy-making body of the Collaborative. The governing board established pursuant to Section 4.01 of this Agreement shall be the policy-making body forum of the Collaborative responsible for cooperative decision-making of actions taken by the Collaborative. Section 3.04. Submission of proceedings; Contracts and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, Chapter 119, Florida Statutes, the parties shall submit to each other such data, reports records contracts, and other documents relating to the Collaborative as is requested with charges to be in accordance with Chapter 119, Florida Statutes ARTICLE 4 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE Section 4.01. Composition and membership of governing board. (a) The membership of the Collaborative shall consist of five (5) voting representatives, one representative from each of the Member Counties. C:1 USERSXSTOREJWFPDATAILOCALIMICROS2FDFflVDOWSITEMPORIRT I.STERA'ET FWZSCOMSM'.OUTLOOXlNF170WRCVRL ILA 2-6-201IDOC Page 2 of 6 each county. Volusia County (1) Brevard County (1) Indian River County (1) St Lucie County (1) Martin County (1) (b) Each voting representative shall be an elected member from the governing board of Section 4.02. Terms. The term of office of the members of the Collaborative shall be one (1) year. The membership of a member who is a public official automatically terminates upon said official leaving the elective office for any reason, or may be terminated by a maj onty vote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. ARTICLE 5 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. With a supermajority vote the Collaborative shall have the authority to propose those actions and functions consistent with the purposes set forth in Article 2. In furtherance of this general authority, the Collaborative may propose rules to be adopted by Member Counties which would effectuate the powers, responsibilities, and obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable local and state laws, rules and regulations. ARTICLE 6 MISCELLANEOUS PROVISION Section 6.01. Constitutional or statutory duties and responsibilities of parties. This Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by law, except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or any legal or administrative entity created or authorized by this Agreement in which case this performance may be offered in satisfaction of the obligation or responsibility. Section 6.02. Amendment of Agreement. Amendments or modifications of this Agreement may only be made by written agreement signed by all parties here to with the same formalities as the original Agreement. Section 6.03. Duration; withdrawal procedure. (a) Duration, Termination. This Agreement shall remain in effect until December 31, 2016, unless further action by each party is taken to reenact same. This Agreement may be terminated at any time (b) Withdrawal procedure. Any party may withdraw from this Agreement after presenting in written form a notice of intent to withdraw to the other parties to this Agreement and the C:IUSERS1KS OREYUPPDATAILOCAL1UICROSJFflWLVDOW51TENPORARY LYTE1LVET FILE.SICON£\TOUTLOOXWF/70N'RCVRL ILA 7-6-201 WOC Page 3 of 6 Collaborative, at least ninety (90) days prior to the intended date of withdrawal. Upon receipt of the intended notice of withdrawal (1) Notification of the withdrawal is to be presented at the next meeting of the Collaborative. The Collaborative shall execute a memorandum reflecting the withdrawal of the member and an alteration of the list of member governments that are signatories to this Agreement. The memorandum shall be filed in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Section 6.04. Notices. All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid, return receipt requested. Notice required to be given shall be addressed as follows: Volusia County County Council Thomas C. Kelly Administration Center 123 W. Indiana Ave. DeLand FL 32720 Brevard County Board of County Commissioners 2725 Judge Fran Jamieson Way Viera, FL 32940 Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Martin County Board of County Commissioners Martin County Administrative Center 2401 SE Monterey Road Stuart, FL 34996 A party may unilaterally change its address or addressee by giving notice in writing to the other parties as provided in this section. Thereafter, notices and other pertinent correspondence shall be addressed and transmitted to the new address. Section 6.05. Interpretation. (a) Drafters of Agreement. The members of the Collaborative were each represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this C.•3L'SERSUCSVREYNPPDATAILOCALIMICRO OFl1WINDOWSITEVPORARYINTERNETFTIEACOITDIT.OLTLOOXtVPIlOWRCVRL ILA 2-64014.DOC Page 4 of 6 • Agreement and in choice of wording. Consequently, no provision hereof should be more strongly construed against any party as drafter of this Agreement. (b) Severability. Invalidation of any one of the provisions of this Agreement or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment, court order, or administrative hearing or order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect; provided, that such remainder would then continue to conform to the terms and requirements of applicable law. (c) Rules of Construction. In interpreting this Agreement, the following rules of construction shall apply unless the context indicates otherwise: (1) The singular of any word or term includes the plural; (2) The masculine gender includes the feminine gender; and (3) The word "shall" is mandatory, and "may" is permissive. (d) Obligations and Responsibilities: (1) This Agreement is a voluntary accord entered into by sovereign separate County governments for the purpose of considering possible cooperative acts to enhance and protect water quality and quantity of the Indian River Lagoon. (2) This Agreement does not cause any member to incur any duty, obligation or responsibility. Any actions to be taken are voluntary. Section 6.06. Enforcement by parties hereto. In the event of any judicial or administrative action to enforce or interpret this Agreement by any party hereto, each party shall bear its own attorney's fees in connection with such proceeding. This Agreement makes no provision for enforcement of any nature. Section 6.07. Agreement execution; Use of counterpart signature pages. This Agreement, and any amendments hereto, may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. Section 6.08. Effective date; Cost of recordation. (a) Effective date. This Agreement shall become effective upon its filing in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in which a party hereto is located. (b) Recordation. Each County shall hereby agree to pay for any costs of recordation or filing of this Agreement in the Office of the Circuit Court in each respective county. The recorded or filed original hereof, or any amendment, shall be returned to the Collaborative for filing in its records. C, I USERl1 KStOREYUPPDATAILOCALWMROSOFTWINDOWSITE4IPOFARY INTERNET FI ES1CON ENr.OUTLOOKINE170WRCVRL IL4 24-2014.DOC Page5of6 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on behalf of the referenced legal entities and hereby establish the above designated Collaborative Signed, Seal presenceot Atte d in the VOLUSIA COUN COUNTY CO Jam Attest: Attest: T. ,Di my Mangy 1 cf eterk IL P. Davis my Chair •'� VARD COUNTY Clerk Jeffrey R. Smith, Clerk of County and C. i'ptroller //jerk Approved: oseph Attest Attest Baird, Administr. for Ehairman OARD OF COUNTY COMMISSIONERS By Chairman INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: ..••••••••. Peter D. O'B an, CJiaiim .• t� C *•••••'-•• ry ovt�,. • ss�os February 18, 2014 • $) Awed as to form and legal sufficiency: • •i • #= ci.EAk Uh W 1 %ma) met - Carolyn Timrnann, Clerk of the Circuit Court and Comptroller U*aR7Z',:FL U.SIDENlOMEIXSTOREYMYDOC I NENTSJRL ILA 2-42014.DOC teingold, County Attorney ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2 By• 20/i v& Sarah Heard, Chair Approved as to form and correctness: 11 ,,'' rifr forMichaei D. Durham, County Attorney Page 6 of 6 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on behalf of the referenced legal entities and hereby establish the above designated Collaborative Signed, Sealed and Delivered in the presence of: Attest: Attest: Clerk Attest: By Approved: i� a.I •.• ,. Clerk Jeffrey R. Smith, Clerk of County an omptrolle oseph Attest eputy erk Baird, Administrat. r VOLUSIA COUNTY COUNTY COUNCIL By: Chairman BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS B ��^ By* I Chairman INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS c By: t1wW7s,"i.w.N., •o• COht,y''s.,.. February 18, 2014 • .,'A�' ' o?: IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on behalf of the referenced legal entities and hereby establish the above designated Collaborative Signed, Sealed and Delivered in the VOLUSIA COUNTY presence of: COUNTY COUNCIL Attest: By: Clerk Attest: Clerk Attest: Jeffrey R. Smith, Clerk of County an' C:dr?roller a re 40 e ;411-4-1‘ • e s :' Clerk Approved: Chairman BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By Peter D. O'Bryan, Chairman February 18, 2014 oved as to form and legal sufficiency: seph . Baird, Administra or', s ylan Reingold, County Attorney Attest G Attest: cia�l>Ls`-�e Carolyn Timmann Clerk of the Circuit Court and Comptroller 1I MARTIN FL. USIDFSV/OMEIKSTOREYLNY DOCUMENTSI1RL ILA 2-6-2014. DOC ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS By: Sarah Heard, Chair Approved as to form and correctness: .A•4144441111111 hichael D. Durham, my Attorney Page 6 of 6 Attest: Joseph E Smith, k of B ST LUCIE COUNTY BOARD OF !SUNTY SIONERS Bynethe') Frannie Hutso , Chair Approval Date: /Si I01oi 1 APPRO : D AS TO FORM AND CORREC County Attorney [the remainder of this page has been intentionally left blank] C: IUSERSIBUSHSIAPPDATAILOCALITEMP\MJNUTETRAQISTLUCIEFL a@STLUCIEFLIQMI. COMIWORKIA7TACHMEN7SI-LDDC Page 9 of 10