HomeMy WebLinkAbout2015-118AINTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND
TOWN OF INDIAN RIVER SHORES FOR FERTILIZER REGULATION ENFORCEMENT
THIS AGREEMENT for fertilizer regulation enforcement ("Agreement") is entered into
this ' 2nd day of June , 2015 by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida ("County") and THE TOWN OF INDIAN RIVER SHORES, a
body corporate existing under the laws of the State of Florida ("Town").
BACKGROUND RECITALS
WHEREAS, in August 2013, the County established the Indian River County Fertilizer
and Landscape Management Ordinance ("County Fertilizer Ordinance"), which was amended
in October 2013; and
WHEREAS, as part of establishing the County Fertilizer Ordinance, the County
designated the authority to enforce the County Fertilizer Ordinance to a code enforcement
officer within the County public works department (the "Enforcement Officer"); and
WHEREAS, in November 2014, the Town adopted an ordinance regulating the use of
fertilizer within the Town (the "Town Fertilizer Ordinance"); and
WHEREAS, the Town, not having a code enforcement officer devoted full-time to
enforcing the Town Fertilizer Ordinance, has requested the County to assist in the enforcement
of the Town's Fertilizer Ordinance through the use of the Enforcement Officer; and
WHEREAS, the parties find it serves a governmental and public purpose to enter into
this Agreement to provide enhanced enforcement of the Town Fertilizer Ordinance within the
Town in order to promote local efforts to improve surface and ground water quality and reduce
the adverse effects of fertilizers on the environment,
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration, and intending to be legally bound, the
County and the Town agree as follows:
1. Recitals. The background recitals are true and correct and form a material part
of this Agreement.
2. Authority and Duties of Enforcement Officer. The Enforcement Officer will spend
a minimum average of two hours per week enforcing the Town Fertilizer Ordinance within the
Town each calendar month (e.g. 8 hours monthly). Such enforcement includes, but is not
limited to, educating the public and lawn -maintenance personnel on the Town Fertilizer
Ordinance, responding to complaints related to the Town Fertilizer Ordinance, investigating
violations of the Town Fertilizer Ordinance, issuing warnings and code enforcement citations
as provided by the Code Enforcement Ordinance, preparing for and attending Town Code
3120150074629
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 2899 PG: 628 Page 1 of 4 12/17/2015 9:14 AM
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Enforcement Board hearings and undertaking other actions necessary for managing Town
Fertilizer Ordinance cases.
3. Reimbursement by Town; Billing. The County will send invoices to the Town
monthly for the actual hours worked by the Enforcement Officer in enforcing the Town's
Fertilizer Ordinance during the preceding month. The amount billed will be determined using
the current salary plus benefits and overhead of the Enforcement Officer. The Town shall then
pay to the County the amount set forth in the invoice within 30 days of receipt of the invoice.
4. Term of the Agreement. This Agreement shall be for one year, commencing on
the effective date as set forth in Section 12 below, and shall automatically renew each
subsequent year. Either party may terminate this Agreement at any time and for any reason
upon at least thirty days written notice to the other party.
5. Notices. Any notice, request, demand, consent, approval or other communication
required or permitted by this Agreement shall be given or made in writing and shall be served,
as elected by the party giving such notice, by any of the following methods: (1) Hand delivery
to the other party; or (2) Delivery by commercial overnight courier service; or (3) Mailed by
registered or certified mail (postage prepaid), return receipt requested at the addresses of the
parties shown below:
County:
Indian River County Public Works Department
Attn: Public Works Director
1801 27th Street, Building A
Vero Beach, Florida 32960
Town of Indian River Shores:
Attn: Town Manager
6001 State Road A1A
Indian River Shores, Florida 32963
6. Applicable Law; Venue. The validity, interpretation, construction, and effect of
this Agreement shall be in accordance with and governed by the laws of the State of Florida,
only. The location for settlement of any and all claims, controversies, or disputes, arising out
of or relating to any part of this Agreement, or any breach hereof, as well as any litigation
between the parties, shall be Indian River County, Florida for claims brought in state court, and
the Southern District of Florida for those claims justiciable in federal court.
7. Entire Agreement; Amendment. This Agreement incorporates and includes all
prior and contemporaneous negotiations, correspondence, conversations, agreements, and
understandings applicable to the matters contained herein and the parties agree that there are
no commitments, agreements, or understandings concerning the subject matter of this
Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the
terms hereof shall be predicated upon any prior representations or agreements, whether oral
or written. It is further agreed that no modification, amendment or alteration in the terms and
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conditions contained herein shall be effective unless contained in a written document signed
by all parties.
8. Severability. If anyterm or provision of this Agreement or the application thereof
to any person or circumstance shall, to any extent, be held invalid or unenforceable for the
remainder of this Agreement, then the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not be
affected, and every other term and provision of this Agreement shall be deemed valid and
enforceable to the extent permitted by law.
9. Rules of Construction. Captions in this Agreement are included for convenience
only and are not to be considered in any construction or interpretation of this Agreement or any
of its provisions. Unless the context indicates otherwise, words importing the singular number
include the plural number, and vice versa. Words of any gender include the correlative words
of the other genders, unless the sense indicates otherwise.
10. Indemnification. The Town shall indemnify and hold harmless the County, its
agents, officials, and employees from and against any and all claims, liabilities, losses,
damage, or causes of action which may arise from any misconduct, negligent act, or omissions
of either the Town or any of its respective agents, officers, or employees in connection with
the performance of this Agreement. Such indemnification and hold harmless shall be only to
the extent allowed by and within the limits of liability provided by section 768.28, Florida
Statutes, and shall not otherwise be deemed a waiver of sovereign immunity of either party.
11. Recordation. The Town shall pay for any costs of recording this Agreement in
the public records.
12. Effective Date. This Agreement shall become effective upon its filing in the Office
of the Clerk of the Circuit Court in Indian River County. Any amendment hereto shall become
effective only upon its filing in the Office of the Clerk of the Circuit Court.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
date first written above.
ATTEST: Jeffrey R. Smith, Clerk of Court, BOARD OF COUNTY COMMISSION
and Comptroller INDIAN RIVER COUNTY ("County")
e
By: 'uc,
if
proved:4
Deputy Clerk
A/e.extey
seph . Baird, County Administrator
By:
Wesley S. D is, hairman
Approved by BCC: June 2, 2015.
Approy
rm a._• - • sufficiency:
an Reingold, County Attorney
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TOWN OF INDIAN RIVER SHORES ("Town")
By:
Brian M. Barefoot, Mayo
Approved by Town Council: May 21
, 2015.
Approved as to orm a • - _s al sufficiency:
Chester CIe • . - ttorney
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