HomeMy WebLinkAbout2026-151A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN
INDIAN RIVER COUNTY AND
THE CITY OF VERO BEACH REGARDING THE HUMISTON BEACH BOARDWALK
PROJECT
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into this 1s t day of
September , 2026 ("Effective Date") 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
A. The County and City share a common desire to reconstruct the historic Humiston
Beach Boardwalk ("The Boardwalk Project") to provide a recreational amenity for Indian River
County residents and visitors; and
B. On May 20, 2025, the County and City entered an interlocal where the County
agreed to contribute to The Boardwalk Project in the amount of $400,000 less any federal and
state grants or appropriations received towards the project; and
C. The parties would now like to amend the interlocal agreement to remove
language that would reduce the County's contribution to the Boardwalk Project proportionally
by any state or federal grants or appropriations that the City receives.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable considerations, and intending to be legally bound, the
County and the City agree to amend and restate the interlocal agreement as follows:
1. County Financial Contribution. The County will contribute up to $400,000.00
(Four Hundred Thousand Dollars) towards The Boardwalk Project with the
County's contribution not to be more than the City's portion of cash funding for
the project. Monies that the City receives from federal/state appropriations or
outside donors shall not be counted towards the City's cash funding for purposes
of this paragraph. The City agrees to provide an accounting at the conclusion of
The Boardwalk Project and to return to the County any money it paid over and
above the City's own cash funding for the project.
2. Description of Project. The County's financial contribution shall only be used
for construction costs for the boardwalk, including any ADA improvements to the boardwalk,
and two pavilions.
3. Payment Procedures.
a) The County shall make progress payments to the City based on approved
payment requests that reimburse the City for The Boardwalk Project costs
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
incurred in the fiscal year (Oct 1 — Sept 30) that the work was completed. The
deadline for the City to submit payment requests for the prior fiscal year is
October 15th every year until the funds have been fully expended.
b) The City payment requests shall include bid documents, invoices, and proof
of payment to allow the County to validate the costs incurred.
c) Payment requests shall be submitted to the County Office of Management
and Budget.
d) A full summary reconciliation of costs and funding shall be submitted to the
County Office of Management and Budget upon completion and
reimbursement of all funding sources.
e) The City agrees to allow the County reasonable access to any records needed
to verify payments for The Boardwalk Project including, but not limited to,
books, papers, invoices, audits, and any other pertinent records.
5. Relationship of the Parties. The County and the City are not partners or joint
ventures or agents of each other with respect to The Boardwalk Project. The County's pledge
of financial contribution is not intended to create any third -party beneficiaries, and the County
shall not be directly responsible for any payments to contractors or others related to The
Boardwalk Project. The City shall hold the County harmless against any claims by parties
supplying labor, materials or supplies for The Boardwalk Project.
6. Term. The term of this agreement shall commence upon adoption and execution
of this agreement by both the County and City and shall run until The Boardwalk Project is
completed, all funds incurred by the City are paid, and any federal/state appropriations are
received. The term shall include any time necessary for the City to appeal a state/federal
funding decision and any time necessary for the City to provide the County with a final project
accounting. This agreement, once fully executed, shall be filed with the Clerk of the Circuit
Court of Indian River County.
7. Assignment. This agreement is not assignable.
8. Termination. This agreement may be terminated as follows:
a) By the County if the City fails to commence construction of The Boardwalk
Project within three (3) years of the effective date of this agreement.
b) By either party, for good cause shown, upon ninety (90) days' notice to the
other party. Written notice of proposed termination shall be provided to the
other party, detailing the good cause alleged. The parties agree that they will
meet and confer, in good faith, to address the concerns of the other party
prior to any official action being taken by either governing body.
9. Notices.
Indian River County:
Indian River County
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A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Attn: County Administrator
1801 27th Street, Building A
Vero Beach, Florida 32960
City of Vero Beach:
Attn: City Manager
P.O. Box 1389
Vero Beach, FL 32961-1389
The parties will consider notice to be properly given if (1) personally delivered; (2) sent
by certified U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery
company. The parties will consider the effective date of notice to be the date personally
delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery
company, the date the notice was picked up by the overnight letter delivery company from the
party giving notice.
10. Governing 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.
11. Merger/Modification. This agreement incorporates and includes all prior and
contemporaneous negotiations, 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.
It is further agreed that no modification or amendment in the terms and conditions contained
herein shall be effective unless contained in a written document signed by all parties.
12. Invalidity/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.
IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date
first written above.
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STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF THE ORIGINAL ON FILE IN THIS OFFICE.
n RYAN L. U R, CLERK
ey C.7 LL L 1 Z6.- nER Ol� D.C.
DATE
Attested:
By:
Ryan Butler, Clerl(9P Courts
Attested:
Sherri Philo, City Clerk
BOARD OF COUNTY COMMISSIONER..,
INDIAN RIVER COUNTY ("Count" /
Mt�
By:
Deryl Loar, Chair • out:Tv �°••
Approved by BCC: September 1 , 2026.
Approved as to form and legal sufficiency:
By:
nnifer . Shuler, County Attorney
CITY OF VERO BEACH ("City")
Approved by City:
By:
John E. Cotugno, Mayor
By:
Monte K. Falls, City Manager
2026.
Approved as to form and legal sufficiency:
By:
John Turner, City Attorney
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