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HomeMy WebLinkAbout2017-033SECOND AMENDED AND RESTATED IiNDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM INTERLOCAL AGREEMENT This Indian River Lagoon National Estuary Program Interlocal Agreement (the "Agreement") is made and entered into this qday of vt,L , 2017, by and between the following governmental entities: 1) Volusia County, a Florida political subdivision, 2) Brevard County, a Florida political subdivision, 3) St. Lucie County, a Florida political subdivision, 4) Martin County, a Florida political subdivision, 5) Florida Department of Environmental Protection, 6) St. Johns River Water Management District, 7) South Florida Water Management District and 8) Indian River County, a Florida political subdivision (each singularly, upon its execution of this Agreement, a "Party" and collectively, the "Parties). The following recitation of facts are provided in support of this Agreement: (A) The Indian River Lagoon National Estuary Program was designated in 1990 and formally established in 1991 to assist the Indian River Lagoon region located along the east - central and south-eastern coastal area of Florida in developing a comprehensive plan to restore and protect the Indian River Lagoon. The Indian River Lagoon National Estuary Program is part of a national network of twenty-eight (28) estuary programs established under the Federal Clean Water Act and administered nationally by the United States Environmental Protection Agency. (B) Local and state government participants in the Indian River Lagoon National Estuary Program consisting of the Parties described above, as well as the United States Environmental Protection Agency, U.S. Fish and Wildlife Service, Florida Fish and Wildlife Conservation Commission, Florida Marine Research Institute and the United States Army Corps of Engineers, developed a Comprehensive Conservation and Management Plan for Indian River Lagoon (the "CCMP"), as required by the Federal Clean Water Act. The Parties are committed to successful implementation of the CCIVIP, as it may be amended from time to time. (C) The original Indian River Lagoon National Estuary Program Interlocal Agreement, dated February 19, 2015, became effective on February 24, 2015, and included all of the governmental entities listed above with the exception of Indian River County. The First Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement (the "First Amended Agreement") provided for the participation of the Indian River County area in the activities contemplated under this Agreement by adding the Indian River County Lagoon Coalition as a Party. 1 (D) As contemplated in Section 5.9 of the First Amended Agreement, Indian River County determined it would like to be a Party to the Agreement and serve on the Board of Directors. The purpose of this Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement is to provide for the inclusion of Indian River County, replacing the Indian River County Lagoon Coalition. (E) The Parties to this Agreement will sponsor and be responsible for the Indian River Lagoon National Estuary Program. NOW THEREFORE, in consideration of the mutual promises contained in this Agreement, the receipt and adequacy acknowledged by them, the Parties agree as follows: ARTICLE 1 — INTRODUCTORY PROVISIOiNS 1.1 Recitals. The statements contained in the recitation of facts set forth above (collectively the "Recitation of Facts") are true and correct, and are made a part of this Agreement by this reference. 1.2 Exhibits. The exhibits, which are attached to this Agreement, are by this reference made a part of this Agreement. 1.3 Abbreviations and Definitions. The following abbreviations and definitions, in addition to those contained in the Preamble and Recitals, will be used for purposes of this Agreement, and will not constitute separate agreements unless otherwise stated below: (a) "Act" means Section 163.01, Fla. Stat., known as the "Florida Interlocal Cooperation Act of 1969." (b) "Agreement" means this Interlocal Agreement between the Parties as it is presently constituted or as it may be amended from time to time. (c) "Board of Directors" means the new policy board of the IRL Council, all as set forth in Article Five, below. (d) "Brevard" means Brevard County, a Florida political subdivision. (e) "CCMP" means the Comprehensive Conservation and Management Plan approved by the Parties, as amended from time to time. (f) "Counties" means collectively Volusia County, Brevard County, St. Lucie County and Nlartin County. (g) "Effective Date" means the date that all Parties have duly executed this Agreement and filing has occurred pursuant to Section 13.15 below. (h) "EPA" means the United States Environmental Protection Agency, a federal agency. (i) "FDEP" means the Florida Department of Environmental Protection, a Florida state agency. (j) "Indian River" means Indian River County, a Florida political subdivision. (k) "IRL Council" means the interlocal entity formed pursuant to this Agreement and Section 163.01, Fla. Stat., which will carry out the Indian River Lagoon National Estuary Program. (I) "Martin" means Martin County, a Florida political subdivision. (m) "NEP" means the Indian River Lagoon National Estuary Program. (n) "Regulatory Agencies" means the governmental agencies with regulatory authority over the activities of some of the other Parties, including the Florida Department of Environmental Protection (FDEP), St. Johns River Water Management District and South Florida Water Management District. (o) "SFWMD" means the South Florida Water Management District, an agency of the Florida Legislature. (p) "SJRWMD" means the St. Johns River Water Management District, an agency of the Florida Legislature. ((.1) "St. Lucie" means St. Lucie County, a Florida political subdivision. (r) "Volusia" means Volusia County, a Florida political subdivision. ARTICLE 2 — CREATION 2.1 Interlocal Agreement. This Agreement is an interlocal agreement, as contemplated by the Act and other applicable law. All of the Parties qualify to enter into this Agreement under such Act. The Parties provide for and create this new, independent organization, known as the IRL Council, which shall be responsible for the Indian River Lagoon National Estuary Program. The purpose of the IRL Council is to carry out the goals of the Indian River Lagoon National Estuary Program as set forth below. 2.2 Immunity. Pursuant to subsection (9) of the Act, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agent or employees of any public agency when performing their respective functions within the territorial limits for their respective agencies will apply to the same degree and extent to the performance of such actions and duties of such officers, agents, or employees extraterritorially under the provisions of this Agreement. 2.3 Territory. The geographic territory of the NEP, as operated by this IRL Council, and as it may be amended from time to time, is situated within the Counties of Volusia, Brevard, Indian River, St. Lucie and Martin. ARTICLE 3 — TERM 3.1 Term. The term of this Agreement commences on the Effective Date and continues until terminated. The last day of the Agreement will be the termination date more fully described in Article 12 below. 3.2 Sunset Review. This Agreement will be reviewed by the Board of Directors approximately five (5) years from the Effective Date of this Agreement and on or about each five (5) year period thereafter. The Board of Directors shall pass a resolution on whether to terminate this Agreement, amend this Agreement or continue this Agreement for another (5) five year period. Notwithstanding the voting requirements contained in Article 12 below, a vote to terminate conducted as a part of this sunset review will be effective upon a majority vote of the Parties provided such vote occurs thirty (30) days before or after the expiration of the five (5) year period and provided a vote under this provision is specifically referenced with the meeting notice and appears on the meeting agenda. Should no action occur, this Agreement will continue for another (5) year period. ARTICLE 4 — GOALS The goals of the Parties are those goals set forth in the CCMP, as may be amended from time to time pursuant to revisions to the CCMP. The goals contained in the CCMP as of the date of this Agreement are set forth in Exhibit A to this Agreement. All goals are intended to be achieved through reasonable and cost-effective restoration and pollution reduction projects. The 4 Board of Directors shall consider whether projects are financially and technologically feasible and cost effective in returning the Indian River Lagoon to health. ARTICLE S — STRUCTURE OF THE IRL COUNCIL 5.1 IRL Council. The Parties agree to the formation of the IRL Council to carry out the Indian River Lagoon National Estuary Program. 5.2 IRL Council Authority & Powers. The IRL Council will have the following powers: (a) To employ personnel to carry out the functions of the IRL Council and to determine, adopt and implement a personnel policy for the recruitment, retention, supervision, discipline and evaluation of employees; (b) To make purchases and enter into contracts in the name of the IRL Council, which will not constitute obligations of the Parties individually; (c) To purchase, lease, receive or otherwise acquire, own, hold, sell, convey, dispose, divert or distribute real or personal property; (d) To accept gifts, aid, grants, assistance funds or bequests, from any source, public or private; (e) To sue and be sued, complain and defend in its own name in alt forums, notwithstanding the immunity protections provided by law; (f) To adopt policies and procedures pertaining to any of its operations; (g) To exercise all privileges, immunities and exemptions accorded to Parties individually under law; (h) To appoint advisory, administrative or operating committees to assist the IRL Council in the exercise and performance of the powers and duties provided for under this Agreement; (i) To appear on its own behalf before boards, commissions, departments or other agencies of municipal, county, state or federal government; (j) To exercise all other powers as may reasonably be implied under this Agreement and/or necessary to carry out the purposes oldie IRL Council. The IRL Council will not have the power to promulgate, issue or make rules or regulations, issue bonds, levy taxes, charge rates, fees or rents, condemn or assume any additional governmental powers by the other Parties except as specifically allowed by this Agreement. 5.3 Transition. Once the IRL Council is fully operational, as described in this section, all tangible personal property, assets, field equipment. finds and copies of all records of the SJRWMD used specifically by or for the NEP and the IRL Council employee(s) will be offered by SJRWMD, after consultation with EPA, to the IRL Council. The IRL Council will have the opportunity, after due diligence and review. to accept the offer of SJRWMD, in whole or in part. In order to become fully operational, the Board of Directors must first (i) approve an Operating Procedures Manual establishing procedures the IRL Council will follow in its operations, including hiring/termination, pay/compensation benefits, procurement of services and general policies and (ii) enter into agreements with third parties to provide administrative support to the IRL Council and the Board of Directors. After affirmative acceptance by and effective transfer to the IRL Council, responsibility for any grants. contracts, and other legal documents in the name of SJRWMD on behalf of the NEP will be transferred to the IRL Council and the IRL Council shall be bound to the terms and conditions contained therein. 5.4 Board of Directors. All powers, privileges and duties vested in or imposed upon the IRL Council will be exercised and performed by and through a Board of Directors; provided, however, that the exercise of any and all executive, administrative and ministerial powers may be delegated to committees and/or an Executive Director. The Board of Directors will be comprised of one Director from each of the Parties to this Agreement and each Director will be entitled to one vote. EPA will be requested to provide a representative to attend meetings of the Board of Directors to provide technical assistance and present the position of EPA on issues to be considered by the Board of Directors. Each Party shall appoint its Director and an alternate to serve as their representative immediately upon adoption of this Agreement. Directors and alternates representing the Counties will be elected officials serving on the commissions or council of the Counties. Directors representing SFWMD or SJRWMD will be members of the Governing Boards and alternates representing SFWMD or SJRWMD will be staff of SFWMD or SJRWMD. The Director and alternate representing FDEP shall be at least a Deputy Director or equivalent position. In the event the Director or alternate will no longer serve the Party as an employee or elected official, the Party shall appoint a new Director or alternate. Each Party may change the initial or alternative director from time to time, but must provide to the IRL Council a minimum of two (2) business day's prior written notice before any meeting. The Board of Directors will have policy-making powers for the 1RL Council, in addition to those powers explicitly set forth in this Agreement. The Board of Directors will serve without compensation. 6 5.5 Committees. The Board of Directors may appoint committees such as management, technical, administrative, operating or other committees to assist the IRL Council in the exercise and performance of the powers and duties provided for under this Agreement. In the absence of express delegated authority, any committees created by the Board of Directors shall not have decision-making authority. As necessary, EPA will be requested to provide a representative to attend meetings of such committees to provide technical assistance and present the position of EPA on issues to be considered by the committees. Each of the Parties may change either their initial or alternate representatives on any committees from time to time, but must provide to the IRL Council a minimum of two (2) days prior written notice before any meeting. Except as otherwise specifically set forth herein, all votes of any committee will be by a simple majority of the committee members. Members of all committees will serve without compensation. 5.6 Officers. At its first organizational meeting and in January each year thereafter, the Board of Directors will elect the following officers: (a) A chairperson of the Board of Directors who shall serve for a period of one year, or until a successor has been selected, whichever is later. The chairperson shall preside at all meetings of the Board of Directors and carry out any other duties assigned by the Board of Directors. (b) A vice -chairperson who shall serve for a period of one year, or until a successor has been selected, whichever is later. In the event of absence or disability of the chairperson, the vice -chairperson shall assume the duties of the chairperson and carry out any other duties assigned by the Board of Directors. (c) A secretary who shall serve for a period of one year, or until a successor has been selected, whichever is later. In the event of absence or disability of the vice - chairperson, the secretary shall assume the duties of the vice -chairperson and carry out any other duties assigned by the Board of Directors. In the event of a vacancy in any office, the Board of Directors shall elect a replacement to serve the balance of the unexpired term. 5.7 Additional Board Members. Should other governmental entities or Regulatory Agencies desire to become a party to this Agreement and have a Director on the Board of Directors, the representation must be unanimously approved by the Board of Directors in its sole and absolute discretion. Such new party must execute and comply with all of the provisions of this Agreement and be willing and able to contribute funding as determined by the Board of Directors. The funding contributions in Article Eight below will be amended accordingly to 7 reflect any new party obligations, as of the first day of the next fiscal year of the IRL Council. Once a new party is approved it will become a member of the IRL Council and appoint a Director on the Board of Directors with voting rights consistent with the other Parties. 5.8 Bylaws. The Board of Directors by 2/3's vote may create and adopt Bylaws or appropriate rules of procedure that incorporate by reference the Operating Procedures Manual described in Section 5.3 above, for the IRL Council to use in its governance and which will remain in effect unless modified by the Board of Directors. The Bylaws may be initially created and adopted at the same time or before execution of the administrative support agreement described in Section 5.3 above. ARTICLE 6 — MEETINGS, QUORUM AND VOTING 6.1 Board Meetings. The Board shall meet on a regular basis at such times and at such places as determined by the Board; provided, however, special meetings may be called by the chairperson and in his or her absence by the vice -chairperson. All meetings will be conducted in accordance with Section 286.011, Florida Statutes. 6.2 Quorum. A quorum for the transaction of business at any regular or special meeting of the Board of Directors or any committees will consist of a majority of the members of the Board of Directors or committee. Notwithstanding the foregoing, a majority of the members of the Board of Directors or any committee delegated decision-making authority present at a meeting may act to continue the meeting to any date or time specified in the action. 6.3 Voting. Each Director or member of any committee will be entitled to one vote. Voting by proxy is not allowed. All Board action will require a majority vote of the Board of Directors present at the meeting, with the exception of the following: (a) Amendments to this Agreement, including the addition of any additional parties to the Agreement, will require unanimous approval by all Parties. (b) Approval of Bylaws or appropriate rules of procedure will require a vote of 2/3rds of the Board of Directors present at the meeting. (c) Termination of this Agreement will require a vote of 2/3rds of the Parties, unless made in conjunction with the Sunset Review described in Section 3.2. (d) Approval of the final budget will require a vote of 2/3rds of the Board of Directors present at the meeting. 8 (e) Removal of a member from the Agreement due to default will require a 2/3rds vote of all non -defaulting Parties (f) Purchases of real property will require a vote of 2l3rds of the Board of Directors present at the meeting. ARTICLE 7 — RESPONSIBILITIES OF THE PARTIES By entering into this Agreement, the intent of the Parties is to assure effective and timely implementation of recommended actions and to adjust strategies as needed in the future to keep the Indian River Lagoon's recovery on track. The Regulatory Agencies agree to expeditiously review permit applications and to provide the IRL Council information and procedural direction on permitting matters. ARTICLE 8 — BUDGETING AND FUNDING 8.1 IRL Council Budgets. The IRL Council will have a fiscal year ending September 30 of each year. Prior to March 1 of each year, a tentative budget outlining the proposed operating and other financial requirements for the upcoming fiscal year will be presented and considered by the Board of Directors for approval. The IRL Council will provide copies of the tentative budget to the Parties and EPA. Prior to June 1 of each year, a final budget will be presented and considered by the Board of Directors for approval and a copy of the final budget will be provided to each Party. The final budget will require approval by two-thirds (2/3rds) of all members of the Board of Directors present. The IRL Council shall comply with all notice requirements under Florida law in creating and approving the tentative and final budgets. 8.2 Budget Amendments. The adopted budget will be balanced and will be the operating and fiscal guide for the IRL Council for the upcoming fiscal year. The Board of Directors may from time to time amend the budget at any regular or special meeting. 8.3 Funding. Each Party will provide annual funding contributions to the IRL Council to assist in covering the expenses outlined in the final budget and any amendments to the final budget. Except for the first fiscal year beginning on October 1, 2015, the Parties shall tender the annual contributions on or before September 15th of each fiscal year. The annual contributions due for the first fiscal year of this Agreement will be made on or before October 15, 2015. The minimum annual contributions for each Party will be as follows: SJRWMD $500,000 SFWMD $500,000 FDEP $250,000 9 Volusia County Brevard County St. Lucie County Martin County Indian River County $50,000 $50,000 $50,000 $50,000 $50,000 8.4 Additional Funding. Any gifts, grants, assistance fiends or bequests from any source, public or private, will be in addition to the minimum funding contributions set forth above. 8.5 Annual Approval. Each member of the Board of Directors agrees to use its best efforts in securing the funding levels specified above through appropriate approvals from appropriate legislative or governing body each fiscal year. The Parties, however, acknowledge that any funding decisions remain within the sole discretion of each Party. Securing funding approval by the Party will be considered a condition precedent to the funding obligations of the Party each year. ARTICLE 9 — DEFAULT In the event any Party is determined to be in willful and significant noncompliance with the terms of this Agreement, the Board of Directors may, by a 2/3rds vote of all Parties except the Party charged with being in default, remove the non -complying Party from this Agreement. Prior to any such vote by the Board of Directors, the non -complying Party will be given a notice of its non-compliance and an opportunity to remedy the problem within a reasonable period or through a public meeting before the Board of Directors if there is a dispute whether a default exists. If a Party is found to be in noncompliance with permits by the applicable Regulatory Agency(ies), the permitting agencies may take actions to enforce the permits against non- complying Party under the agency's laws and regulations. If any Party is removed under this Article, (i) any monies previously paid hereunder will be conclusively deemed earned and not subject to return to such Party, (ii) any future funding responsibility of such Party will terminate, and (iii) this Agreement will continue as to the remaining Parties. Provided, however, any funds paid before removal not expended, will only be used by the IRL Council in accordance with the approved budget for which such contribution was made. ARTICLE 10 — NOTICE Any and all notices required or permitted to be given hereunder will be in writing, and will be considered delivered if the notice is either personally delivered to each Party at the address set forth in Exhibit B, transmitted by electronic facsimile machine to the fax numbers listed, or sent by U.S. certified or registered mail, postage prepaid, return receipt requested, to 10 such addresses, all such notices being effective upon delivery to and receipt by the Parties, unless the respective Party or Parties notify(ies) all other Parties in writing in accordance herewith of a change of address and/or representative at such address authorized to receive any and all such notices, in which case any and all such notices will be delivered and/or mailed as aforesaid to said Party or Parties at such new address with respect to such Party. In addition to the designated methods for delivery of notice set forth above, a copy of any and all notices may also be delivered by electronic mail. ARTICLE 11— WITHDRAWAL OF A PARTY Notwithstanding anything contained in this Agreement to the contrary, any Party has the right to withdraw as a Party to this Agreement. Counties shall provide ninety (90) days prior written notice of withdrawal and the remaining Parties shall provide one hundred eighty (180) days prior written notice of withdrawal. In the event all other Parties receive written notice of such withdrawal from the withdrawing Party, on the day following the conclusion of the notice period, the withdrawing Party will no longer be considered a Party to this Agreement. Provided however, even though such withdrawing Party will have withdrawn as a Party to this Agreement, the withdrawing Party will continue to be subject to all obligations and responsibilities of a Party with respect to required compliance with all applicable laws and regulations, without the benefit of being considered a Party to this Agreement. If a Party withdraws under this Article, (i) all monies previously paid hereunder will be conclusively deemed earned and not subject to return to such Party; (ii) the funding responsibility of such party will extend an additional one hundred eighty (180) days or until the next fiscal year whichever is longer, and (iii) this Agreement will continue as to the remaining Parties. ARTICLE 12 — TERIVIINATION 12.1 Termination Vote. This Agreement may be terminated by an affirmative vote of two-thirds of the Parties, unless made in conjunction with the Sunset Review described in Section 3.2. 12.2 Termination Requirements. Termination of this Agreement and dissolution of the IRL Council will be effective on the date the following requirements have all been met: (a) Upon the affirmative vote of not less than two-thirds of the Parties, the IRL Council shall provide written termination notices to each Party and EPA. (b) The IRL Council will pay or cause to be paid all outstanding obligations, debts or other liabilities and all known obligations, debts or other liabilities which may 11 arise against the IRL Council in the future. All contracts will be terminated or assigned to another entity willing to assume the contract, should one exist. (c) Once all obligations, debts or other liabilities are satisfied, all remaining property, funds and other assets of the IRL Council will be distributed as determined by the Board of Directors with notice to EPA. (d) The IRL Council will comply with all other dissolution requirements under Florida law. ARTICLE 13 — GENERAL PROVISIONS 13.1 No Third Party Beneficiaries. This Agreement will inure to the benefit of the Parties. This Agreement is for the exclusive benefit of the Parties and will not be deemed to be made for the benefit of any other persons not so specified. 13.2 Modification. This Agreement may be modified, altered or amended only by a written instrument subsequently executed by the Parties as more fully described above. 13.3 Complete Agreement. This Agreement constitutes the full, complete and wholly independent agreement among the Parties. This Agreement also supersedes all prior agreements, understandings, representations, and statements among the Parties with respect to the matters addressed in this Agreement, either written or oral. 13.4 Severability Clause. If any clause, provision or section of this Agreement is found to be illegal or invalid by any court, the invalidity of such clause, provision or section will not affect any of the remaining clauses, provisions or sections, and this Agreement will be construed and enforced as if such illegal or invalid clause, provision or section had not been contained in this Agreement. 13.5 Governing Law. Existing and future laws, rules and regulations of the United States and its agencies, the State of Florida and its agencies and the other Parties to this Agreement will take precedence over the terms and provisions of this Agreement in case of conflict or inconsistencies between them. The laws of the State of Florida as applicable will govern the validity, performance and enforcement of this Agreement. 13.6 Sovereign Immunity. The Parties intend to avail themselves of the benefits of Section 768.28 and 163.01(9), Florida Statues, and of other statues and the common law governing sovereign immunity to the fullest extent possible. In accordance with Section 163.01(5)(o), Florida Statutes, the Parties are not jointly liable for the torts of the officers or employees of the IRL Council, or any other tort attributable to the IRL Council, and that only the 12 IR( Council shall be liable for torts attributable to it or for torts of its officers or employees, and then only to the extent of the waiver of sovereign immunity or limitation of liability specified in Section 768.28, Florida Statutes. 13.7 Public Purpose. This Agreement satisfies, fulfills and is pursuant to and for a public purpose, is in the public interest, and is a proper exercise of each Party's power and authority under each Party's individual governmental authority. 13.8 Performance Standards. None of the provisions in this Agreement will be deemed in any manner to amend, modify or otherwise change any of the provisions, regulations or ordinances of any governmental agency which is a Party to this Agreement and does not allow a performance standard less than is otherwise required under the terms of those provisions or regulations or ordinances, except as specifically provided herein. 13.9 Survival. All of the representations and warranties set forth in this Agreement will survive the consummation of any and all of the transactions described in the Agreement and the termination of this Agreement, and will not be deemed to be merged in the Agreement or any other instrument, which may be executed and delivered pursuant to this Agreement. 13.10 Authority. None of the Parties has any authority to bind or make any oral or written representations on behalf of the other Parties, and nothing contained in this Agreement will be construed to imply that any one or more of the Parties has formed a partnership or become an agent for any one or more of the other Parties. 13.11 Heading. The headings contained in this Agreement are solely for convenience of reference, do not constitute a part of this Agreement and will not affect its meaning, construction or effect. 13.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which may be executed by less than all of the Parties but all of which will be construed together as a single instrument. 13.13 Binding Effect. This Agreement will bind the successors and assigns of the Parties. 13.14 Waiver. No waiver of any provision of this Agreement will be deemed or will constitute a waiver of any provision of this Agreement. 13.15 Execution. This Agreement will not be effective nor will it have any force and effect until at least six (6) of the entities named in the introductory paragraph have duly executed 13 this Agreement and it is filed with the Clerk of the Circuit Court of each county where each Party is located. IN WITNESS WHEREOF the Parties caused this Agreement to be executed, under seal, and will be deemed to have executed such, on the day and year designated. ATTEST: ecretary Approved as to legal form and sufficiency: Carolyli S. Ansay Legal Counsel IRL COUNCIL V- Curt SmitYl Chairman 14 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: 'Dylan Reingold County Attorney By: , Jh eph E. Flesc er, Chairman ndian River County Board of County (-/ Commissioners INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida 15 EXHIBIT A Goals of the Indian River Lagoon National Estuary Program' I. To attain and maintain water and sediment of sufficient quality to support a healthy estuarine lagoon ecosystem; 2. To attain and maintain a functioning, healthy ecosystem which supports endangered and threatened species, fisheries, commerce and recreation; 3. To achieve heightened public awareness and coordinated interagency management of the Indian River Lagoon ecosystem; and 4. To identify and develop long-term funding sources for prioritized projects and programs to preserve, protect, restore and enhance the Indian River Lagoon. ' The goals set forth above are contained within the CCiMP in effect upon the date of this Agreement. In the event the goals in the COMP are modified in the future, the new goals will replace those contained within this Exhibit A. 16 EXHIBIT B Address List If to Volusia County: County of Volusia County Manager 123 W. Indiana Avenue, Room 301 DeLand, Florida 32720 (386) 736-5920 (telephone) (386) 736-5707 (facsimile) JDinneen(volusia.org Copy to: County of Volusia County Attorney 123 W. Indiana Avenue, Room 301 DeLand, Florida 32720 (386)736-5950 (telephone) (386)736-5990 (facsimile) DEckerta,volusia.org If to Brevard County: Natural Resources Management Department Attn: Natural Resources Management Office Director Viera Government Center 2725 Judge Fran Jamieson Way, Bldg. A Viera, Florida 32940 Copy to: County Manager Viera Government Center 2725 Judge Fran Jamieson Way, Bldg. C Viera, Florida 32940 If to St. Lucie County: St. Lucie County County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 17 Copy to: St. Lucie County County Attorney's Office 2300 Virginia Avenue Fort Pierce, Florida 34982 mcintyred( stlucieco.org If to Martin County: County Administrator Martin County Administrative Center 2401 SE Monterey Road Stuart, Florida 34996 Copy to: County Attorney's Office Martin County Administrative Center 2401 SE Monterey Road Stuart, Florida 34996 If to Florida Department of Environmental Protection: Agency Clerk Office of General Counsel 3900 Commonwealth Blvd., MS 35 Tallahassee, Florida 32399-3000 (850) 245-2212 (telephone) (850) 245-2298 (facsimile) Agency.Clerk u:.dep.statell.us If to St. Johns River Water Management District: Executive Director St. Johns River Water Management District P.O. Box 1429 Palatka, Florida 32178-1429 (386) 329-4125 (facsimile) Ground Deliveries: 4049 Reid Street Palatka, Florida 32177 18 If to South Florida Water Management District: South Florida Water Management District Attn: District Clerk 3301 Gun Club Road, MSC 3110 West Palm Beach, Florida 33406 (561) 682-6200 (facsimile) distri ctclerk(i sfwmd. gov Copy to: South Florida Water Management District Attn: Executive Director 3301 Gun Club Road West Palm Beach, Florida 33406 If to Indian River County: County Administrator Indian River County 1801 27th Street Vero Beach, Florida 32960 Copy to: County Attorney's Office Indian River County 1801 27`" Street Vero Beach, Florida 32960 19