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Home My WebLink About2015-118B3120150048060 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2868 PG: 1759 Page 1 of 4 8/7/2015 3:51 PM INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND CITY OF VERO BEACH 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 CITY OF VERO BEACH, a Florida municipal corporation ("City"). BACKGROUND RECITALS: WHEREAS, in 2012, the City adopted Ordinance 2012-01 regulating the use of fertilizer within the City ("City Fertilizer Ordinance"); and 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 2013, the City adopted Ordinance 2013-23 amending the City Fertilizer Ordinance to include additional regulations consistent with the County Fertilizer Ordinance; and WHEREAS, the City, not having a code enforcement officer devoted full-time to enforcing the City Fertilizer Ordinance, has requested the County to assist in the enforcement of the City'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 City Fertilizer Ordinance within the City 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 City 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 is authorized to enforce the City Fertilizer Ordinance within the corporate limits of the City pursuant to the Code Enforcement Ordinance of the City, section 2-261, COVB Code, et seq. 2015.05.06.City Fertilizer Enforcement ILA.docx The Enforcement Officer will spend a minimum average of four hours per week enforcing the City Fertilizer Ordinance within the City each calendar month (e.g. 16 hours monthly). Such enforcement includes, but is not limited to, educating the public and lawn -maintenance personnel on the City Fertilizer Ordinance, responding to complaints related to the City Fertilizer Ordinance, investigating violations of the City Fertilizer Ordinance, issuing warnings and code enforcement citations as provided by the Code Enforcement Ordinance, preparing for and attending City Code Enforcement Board hearings and undertaking other actions necessary for managing City Fertilizer Ordinance cases. 3. Reimbursement by City; Billing. The County will send invoices to the City monthly for the actual hours worked by the Enforcement Officer in enforcing the City'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 City 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 City: City Manager City of Vero Beach 1053 20th Place Vero Beach, FL 32960 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. 2015.05.06.City Fertilizer Enforcement ILA.docx 2 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 conditions contained herein shall be effective unless contained in a written document signed by all parties. 8. Severability. If any term 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 City 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 City 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. The County Enforcement Officer shall not be deemed an agent, officer, or employee of the City for purposes of this paragraph. 11. Recordation. The City 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. SIGNATURE PAGE FOLLOWS 2015.05.06.City Fertilizer Enforcement ILA.docx 3 A -p ATTEST: Jeffrey R. Smith, Clerk of Courts, BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY ("County") By: au„, Deputy Clerk Approved: /q iy•71. ,4/ Baird, County Ad inistr�p�� • 1*1 o.r '•9'' f` ...,•141../CITY OF VERO •' �.. COUNT ••' ATTEST: Wesley S. Davis, Chairman Approved by BCC: June 2 , 201. Approved as to form and legal sufficiency: an Reingold, County Attorney Tammy K. Vock, i Clerk By: Rich;(' G. i mer, Mayor Approved by City Council: On J 201 Approved as conforming to municipal Approved as to form and legal sufficiency: policy: r , R. O'Connor, City Manager Way - ". Coment, City Attorney 2015.05.06.City Fertilizer Enforcement ILA.docx 4