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INTERLOCAL AGREEMENT BETWEEN Qlq -jr�-
THE FLORIDA INLAND NAVIGATION DISTRICT
AND
INDIAN RIVER COUN'T'Y
This Agreement is entered into as of this 23tp day of _YVL.,c�-j, 2000
by and between the Florida Inland Navigation District ("FIND"), whose address is 1314
Marcinski Road, Jupiter, Florida 33477 and Indian River County, a political subdivision
of the State of Florida (the "COUNTY"), whose address is 1840 25th Street
Vero Beach, FL 32960.
WHEREAS, Section 163.01, Florida Statutes, authorizes local governments to
make the most efficient use of their powers by enabling them to cooperate with other
governmental agencies on a basis of mutual advantage; and
WHEREAS, FIND has contracted with G.E.C., Inc. to perform an "Economic
Analysis of the District Waterways" (hereafter referred to as the "Analysis") which shall
include the Atlantic Intracoastal Waterway, the Intracoastal Waterway and a portion of
the Okeechobee Waterway in Florida for the District's boundaries, Duval through Dade
County, Florida plus Nassau County, Florida, said Analysis being more particularly
described in Attachment "A" hereto; and
WHEREAS, the COUNTY is desirous of participating in the funding of the Indian
3
River County portion of the Analysis.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties agree as follows:
I. Funding and Payment
A. Pursuant to this Agreement, the COUNTY agrees to contribute Fifteen
Thousand Dollars ($15,000.00) to FIND for the development of the Analysis.
B. FIND shall invoice the COUNTY for the amount stated under Paragraph I.
A. above upon completion of the Analysis. COUNTY agrees to pay said amount within
thirty (30) days of the receipt of said invoice.
II. Terms
This Agreement shall commence upon execution by both parties and shall remain
in effect until completion of the Analysis, anticipated to be March 31, 2001.
III. FIND's Responsibilities
A. FIND shall be the lead agency in all decisions regarding production of the
Analysis.
B. FIND will provide quarterly status reports to the COUNTY setting forth the
j progress with respect to completion of the Analysis.
C. FIND shall provide to the COUNTY a draft copy and a final copy of the
Analysis upon its completion.
D. FIND shall acknowledge in a prominent location on all copies of the
Analysis that the COUNTY was a joint participant and contributor to the development of
the Analysis.
E. FIND agrees, upon request, to submit to the COUNTY copies of invoices
from G.E.C., Inc. to FIND and proof of payment of such invoices, with the parties
agreeing that the total amount to be spent by FIND with respect to the Analysis shall be
not less than $78,013.50.
IV. Access to Records
Each patty agrees that either party or its duly authorized representative shall, until
the expiration of three (3) years after expenditures of funds under this Agreement, have
access to books, documents, papers and records involving financial transactions relating
to this Agreement.
V. Miscellaneous
A. Assignment. Neither party hereto shall assign this Agreement without the
prior written approval of the other.
B. Breach. In the event of a breach of this Agreement, the non -breaching
party shall have all remedies available to it at law or in equity. No waiver or breach of
any of the covenants or provisions of this Agreement shall be construed to be a waiver of
any succeeding breach of the same or any other covenant.
C. Venue; Fees. Any litigation with respect to this Agreement shall be had
only in the courts of Palm Beach County, Florida. Any costs or expenses, including
reasonable attorney's fees, associated with the enforcement of the terms and/or conditions
of this Agreement shall be borne by the respective parties.
D. Entire Agreement. This Agreement embodies the entire agreement and
understanding of the parties and supersedes all prior oral and written communications
between there, Any alterations, modifications, extensions, or waivers of provisions of
this Agreement shall be valid only when they have been reduced to writing and duly
signed by each of the parties hereto.
E. Applicable Law. This Agreement shall be interpreted and construed in
accordion with the laws of the State of Florida.
F. Severability. If any provision of the Agreement or the applications thereof to
any person or circumstance shall be invalid and unenforceable to any extent, the
remainder to this Agreement and the application of such provision to other persons or
circumstances shall not be affected hereby and shall be enforced to the greatest extent
permitted by law.
G. Effective Date. Pursuant to 163.01(11) F. S., this agreement shall become
effective upon filing with the Clerks of the Circuit Courts for Indian River County and
Palm Beach County.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
on the date first written above.
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Admin.
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Legal
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Budge
Dept.
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FLORIDA JNLAND NAVIGATION DISTRICT
By:
Its Chair
INDIAN RIVER COUNTY
By: �'-q_
Fran B. Adams Its Chair
May 23, 2004,
ATTEST:
.�,�Jerk to th oar