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HomeMy WebLinkAbout2008-214Tills•document was prepared by and should be returned to the CoruntyiAttorney's Office' 1801 27th Street Vert) Beach, Florida 32960 CFN 20081759531 OR BK 5887 PAGE 73121 Recorded 09/16/2008 at 02:46 PM, Scott Ellis, Clerk of Courts, Brevard County # Pgs:5 1944328 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2288 PG.1655, Pagel of 5 08/29/2008 at 09:43 AM, INTERLOCAL AGREEMENT .EFFREY K BARTON, CLERK OF COURT FOR SECTOR 3 BEACH RENOURISHMENT COST-SHARING THIS INTERLOCAL AGREEMENT for SECTOR 3 RENOURISHMENT COST- SHARING ("Agreement") entered into effective as of this 1st day of July, 2008 ("Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County"); and Sebastian Inlet Tax District ("District") an independent special taxing district established under a charter set forth in Special Act Chapter 2003-373 enacted by the Florida Legislature to maintain the navigability of the Sebastian Inlet. BACKGROUND RECITALS A. Indian River County maintains beach dune systems along the 22 miles of Indian River County Atlantic Ocean shoreline. The County, through its Beach Preservation Plan, has identified segments of the County shoreline that are experiencing chronic erosion, and has proposed and designed beach restoration projects to address that erosion. B. Indian River County currently has in permitting (Florida Department of Environmental Protection Joint Coastal Permit file # 0285993 -001 -JC) a Sector 3 beach restoration project that extends from DNR monuments R-17 through and including R-55. In the application, the County proposes to restore this shoreline segment with approximately 645,000 cubic yards of beach compatible sand dredged from an offshore borrow area located off southern Indian River County. C. The District is authorized by Chapter 2003-373, a Special Act of the Florida Legislature to construct, improve, widen or deepen, and maintain the Sebastian Inlet. It has been suggested through a draft Inlet Management Plan that the District should cause to be placed, on an annual average volume basis, 90,000 cubic yards per year of beach compatible sand on the Indian River County beach south of the Inlet. D. Florida Statutes section 163.01, et seq. (2005), known as the Florida Interlocal Cooperation Act of 1969, provides a method for governmental entities such as the County and the District to cooperate with each other on a basis of mutual advantage to provide services and facilities in a manner that will accord best with the factors influencing the needs and development of local communities. E. The County and the District desire to cooperate in connection with obtaining and placing beach compatible materials in the Sector 3 project area, all on the terms and conditions set forth herein. F. By entering into this Agreement and by reimbursing the County the District makes no admission that its operations cause, contribute to, or affect shoreline erosion in the area of this project nor does it agree that it will have any future obligations to participate with or in similar projects. ., 1 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 District agree as follows. 1. Background; Recitals. The background material part of this Agreement. recitals are true and correct and form a 2. County to Construct. The County shall competitively bid, award, and supervise the construction of the Project, using the technical specifications provided by the County's coastal engineering firm, Coastal Technology Corporation, Inc. (CTC). The bid documents shall include separate line items for inshore and offshore dredge mobilization/demobil tlttn, sand tjiiltlt costs; shaping and dressing, and turbidity control. 3. Permits. The County has applied for permits to allow for the construction of the Project, and shall be responsible for all costs associated with permitting. 4. Apportionment of Costs. The District will reimburse the County for a portion of the Project cost, based on the unit cost as determined by competitive bid, for 180,000 cubic yards of sand placed at the northern end of the project area, at a cost to the District not to exceed $4,680,000. (based ` on an engineers estimate of unit costs of $26.00 per cubic yard). If unit costs exceed' $26.00 per cubic yard, the District will reimburse the County for a quantity of sand equal to a cost of $4,680,000. If the unit cost is less than $26.00 per cubic yard, the District will, at its option, reimburse the County for 180,000 cubic yards of sand at the contracted unit cost, or for a larger volume of sand equal to a cost of $4,680,000. Volumes will be calculated from beach surveys as set forth in the construction contract between the County and the duly awarded dredging contractor. The County and the District acknowledge and agree that, within fourteen (14) calendar days after receipt by the County of final certified survey data establishing the final pay volume, the County shall prepare and send an invoice to the District; and, thereafter, and within the time limits of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et, seq.(2005) the District shall pay the invoice amount to the County. 5, Monitorina. The County will be responsible for all required physical and biological monitoring required as permit conditions of the Project. The County shall be responsible for all costs associated with monitoring. 6. Mitigation. The County will be responsible for any mitigation required by state or federal agencies for impacts resulting from the Project. The County shall be responsible for all costs associated with mitigation 7. 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 addresseeof the parties shown below: 2 Ir.... tlis SlAfa"4"-.,t;:imfibi6�.i7 'i�, "a` # '... rBY a6 :t,,i .. ,. . Indian River County: Indian River County Public Works Department Attn: Jonathan C. Gorham 180127 th Street Vero Beach, Florida 32960 Fax: (772) 778-9391 Sebastian Inlet Tax District. Attn: Martin Smithson 114 Sixth Avenue Indialantic, Florida 32903 Fax: (321) 951-8182 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 8. 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. 9. Merger; modification. 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. A party requesting an amendment to this Agreement must propose such amendment in writing to the other party at least ninety (90) days prior to the proposed effective date of the amendment. 10. 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. 3 11. Captions; 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. 12. Availability of Funds. The District acknowledges and agrees that the obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County and to receipt of the Project Funds under the Florida Department of Environmental Protection (FDEP) Grant Agreement(s). The District further acknowledges and agrees that this Agreement is terminable by the County in the event that the County is notified by FDEP that FDEP will not provide funding to the County under the FDEP Grant Agreement(s). In such event, the County shall provide written notice to the District stating that this Agreement is terminated, and thereupon this Agreement shall be deemed terminated with no further obligation of the parties to each other hereunder. 13. Issuance of Permits. The District acknowledges and agrees that the obligations of the County under this agreement are subject to the issuance of applicable permits from the Florida Department of Environmental Protection and the US Army Corps of Engineers. The District further acknowledges and agrees that this agreement is terminable by the County in the event that the applicable permits are not granted. In such event, the County shall provide written notice to the District stating that this Agreement is terminated, and thereupon the Agreement shall be deemed terminated with no further obligation of the parties to each other hereunder. 14. Sovereign Immunity. Each party to this Agreement is responsible for all injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. In addition, each party is subject to the provisions of Florida Statutes section 768.28 (2005). 15. No Waiver. The failure of either party at any time to require performance by the other party of any provision hereof shall in no way affect the right of either party thereafter to enforce the same. No waiver by either party of any breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same document. 17. Term. Subject to early termination as set forth in this Agreement, this Agreement shall commence on the Effective Date and shall remain in effect for a period of three (3) years from the Effective Date of the Agreement, unless extended upon mutual agreement of the parties. 18. Recordation. This Agreement shall become effective upon execution by both parties and filing with the Clerk of the Circuit Court for Indian River County and the Clerk of the Circuit Court for Brevard County. IN WITNESS WHEREOF, the District noticed meeting held on July 16, 2008 and the duly noticed meeting held on July 1, 2008, Attest: J 0 c Clerk my Administrator has approved this Agreement at a duly County has approved this Agreement at a Sebastian Inlet Tax District n _ Title: �/-�cl?MAP rr 4'..4-0 -� �r INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, ror5andra L. Bowde Date BCC approved i-° C n-ag:rman , 0 �. APPROVED AS TO FORM AND,LEp4L SUFFICIENCY Marian E. Fell, Senior Assistant County Attorney 5