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HomeMy WebLinkAbout2005-295 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER Le � oT COUNTY AND THE CITY OF VERO BEACH 1. REGARDING THE INDIAN RIVER COUNTY/CITY OF VERO BEACH ENTERPRISE ZONE AND THE INDIAN RIVER COUNTY/CITY OF VERO BEACH ENTERPRISE ZONE DEVELOPMENT AGENCY This Interlocal Agreement regarding the Indian River County/City of Vero Beach Enterprise Zone , hereinafter referred to as " Enterprise Zone " , and the Indian River County/City of Vero Beach Enterprise Zone Development Agency , hereinafter referred to as " EZDA" or "Agency" , is made and entered into this 8th day of September 2005 by and between the City of Vero Beach , Florida , a municipal corporation , hereinafter referred to as " CITY" , and Indian River County , a political subdivision of the State of Florida , hereinafter referred to as " COUNTY" . WITNESSETH : WHEREAS , the legislature of the State of Florida , in the 2005 Session , adopted Chapter 2005-015 , Laws of Florida . which authorizes Indian River County and the City of Vero Beach to jointly apply to the Office of Tourism , Trade and Economic Development for designation of one Enterprise Zone within Indian River County ; and WHEREAS , the CITY and COUNTY desire to apply for creation of the Indian River County/City of Vero Beach Enterprise Zone as evidenced by the City Council ' s adoption of Resolution No . 2005-13 on September 13 , 2005and the County Commission ' s adoption of Resolution No . 2005 -085 on May 24 , 2005 , each of which agree to the establishment of an enterprise zone within Indian River County ; and WHEREAS , the CITY and COUNTY desire to enter into this Interlocal Agreement to set forth the terms and conditions upon which CITY and COUNTY will cooperatively work together to carry out the Florida Enterprise Zone activities . NOW, THEREFORE , IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS AND AGREEMENTS OF THE PARTIES , THE CITY AND COUNTY HEREBY AGREE AS FOLLOWS : 1 . As authorized by Section 290 . 0073 , Florida Statutes , the CITY and COUNTY hereby agree to jointly apply to the Office of Tourism , Trade and Economic Development for designation of the Indian River County/City of Vero Beach Enterprise Zone within the Nominated Area designated in Indian River County Resolution No . 2005 -085 , 2 . The COUNTY , by adoption of Ordinance No . 2005-21 on May 24 , 2005 , has created the Indian River County/City of Vero Beach Enterprise Zone Development 1 Agency pursuant to the procedures set forth in 290 . 0056 Florida Statutes . With the adoption of CITY Resolution 2005- 13 on SePtefiber 8 , 2005 the CITY will , pursuant to Section 290 . 0057 , Florida Statutes , consent to the EZDA functioning within the corporate limits of CITY and concur in the adoption of an Enterprise Zone Strategic Plan . 3 . The CITY and COUNTY agree to cooperate in the implementation of the Indian River County/City of Vero Beach Enterprise Zone Strategic Plan and the Enterprise Zone program within the area designated in Exhibit A . The CITY acknowledges and consents to the obligations and terms of Indian River County Ordinance No . 2005 -21 attached hereto as Exhibit B , and incorporated herein . The CITY and COUNTY agree that neither party will obligate the other , financially or otherwise , in implementing the Indian River County/City of Vero Beach Enterprise Zone Strategic Plan or the Enterprise Zone program , except as specified in this Interlocal Agreement . 4 . The CITY and COUNTY will be jointly responsible for implementation of the Indian River County/City of Vero Beach Enterprise Zone Strategic Plan and the Enterprise Zone program , through the City of Vero Beach Planning and Development Department and Indian River County Community Development Department . Any request for funds for ancillary activities , such as cost of travel , conferences , and special studies must be submitted by the Enterprise Zone Development Agency to the County and City prior to expenditure of funds . Funding requests must be approved by both the county and city and be equally shared between the county and the city . The City of Vero Beach Planning and Development Department , the Indian River County Chamber of Commerce , and the Indian River County Community Development Department shall provide staffing to the EZDA . 5, The EZDA shall have the following powers and responsibilities : a ) To assist in the development and implementation of the strategic plan for the Enterprise Zone . b) To oversee and monitor the implementation of the strategic plan for the Enterprise Zone . The Agency shall make quarterly reports to the Board of County Commissioners of Indian River County ( hereinafter referred to as the " County Commission ") and the City of Vero Beach Council ( hereinafter referred • to as the " City Council') , evaluating the progress in implementing the strategic plan . c) To identify and recommend to the County Commission and the City Council ways to remove regulatory barriers . d ) To identify and make recommendations to the County Commission and the City Council the financial needs of, and local resources or assistance available to , eligible businesses within the Enterprise Zone . 2 e) Call and hold meetings from time to time as the Agency may deem them appropriate , for the purpose of reviewing the business of the Agency and making recommendations to the County Commission and City Council . f) File annually with the County Commission and the City Council , on or before March 31 of each year, a report of the Agency' s activities for the preceding fiscal year, which report shall include a complete financial statement setting forth its assets , liabilities , income , and operating expenses as of the end of such fiscal year. Within 10 days of filing the report , the Agency shall publish in a newspaper of general circulation a notice indicating that such report has been filed with Indian River County and the City of Vero Beach , and that the report is available for inspection during business hours in the office of the Indian River County Clerk , the City of Vero Beach Clerk , and the office of the Vero Beach and Indian River County Planning Departments . g ) Prior to December 1 of each year , submit to the State Office of Tourism , Trade , and Economic Development a complete and detailed written report setting forth the following : 1 ) the Agency' s operations and accomplishments during the fiscal year; 2 ) the accomplishments and progress concerning implementation of the strategic plan ; 3 ) the number and type of businesses assisted by the Agency during the fiscal year; 4) the number of jobs created within the Enterprise Zone during the fiscal year ; 5) the usage and revenue impact of state and local initiatives granted during the calendar year; and 6 ) any other information required by the Office of Tourism , Trade , and Economic Development . 6 . The EZDA shall not have those powers enumerated in Section 290 . 0056 ( 9 ) and ( 10) ; Florida Statutes . All of these powers are reserved for the CITY and COUNTY . 7 . This Interlocal agreement shall be terminated in the event the Enterprise Zone is not approved by the State of Florida or if, at any time , the Enterprise Zone is dissolved or terminated for any reason . Either party may terminate this agreement by a duly passed resolution of its governing body . 3 8 . This Interlocal agreement shall be effective upon execution by each of the parties and on the date of recording of a fully executed certified copy of the Interlocal Agreement `with the Clerk of Circuit Court of Indian River County , Florida 9 . Amendments to this Interlocal agreement shall be made in the same manner as this agreement , through execution by each of the parties and shall be effective on the date of recording of a fully executed certified copy of the amended Interlocal Agreement with the Clerk of Circuit Court of Indian River County , Florida . IN WITNESS THEREOF , the parties hereto by and through the undersigned have entered into this Interlocal Agreement on the date and year first above written . CITY OF VERO BEACH INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 4 46, Mary eth fton6ldl, Mayor Thomas S . Lowther, Chairman September 8 , 2005 September 6 , 20Q51 . Date Approved By City Date Approvedk.Oy4lCounty . � Attest By : Att st By : j&rrifTn1�1 Tammy Voouity Clerk Jeffrey K . Barton , Clerk of Circuit Court Approved as to Form and Legal Sufficiency Approved as to Form and Legal Sufficiency City Attorney Cou"A +* ryoey Approved Agenda Item Indian River Co . App r ed Date Admin. By : j2f, JA' Legal Budget [Fo : September 6 , 2005 Dept , Risk Mgr. FACommunity Development\Users\EDplannr\Enterprise Zone\interlocal agreement for enterprise zone v2. doc 4 EXHIBIT A _ y 58TH GS 53RD 53RD ( N a TH ST 4sTH �l Tom of Indian River Y F- - ,� $ T TH b 47TH47T x ~ R � 45T c = x F. x F w N r ND w 3 I F oc � x o y y LO ........ N MEDS T EE o $ m TH T ¢i - ui w �'2' Lct` , 37TH d ! 37 x y x UNNAMED STREE y 83RD UNNAM DSTREET... ._ ..................... ( ❑ RD x tL" cn cnt ;tD'tkt TRE Y UNNAMED STR_ ET �, H - TH STREET ............. N OA �_ TH T 25TH ._.._�_ / 24TH r x �• 22ND , I� . r N $ $ TH S ET 20H Yit ,rT ' Hkld 11 1 ( Q Proposed Enterprise Zone , Indian Fiver County , Florida N Legend Miles w 11: - - Major Roads 0 0. 25 0. 5 1 1 . 5 2 '` City of Vero Beach Enterprise Zone 5 ORDINANCE NO , 2005 - 021 EXl'IIBIT B AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ESTABLISHING SECTION 103 . 09 , THE INDIAN RIVER COUNTY ENTERPRISE ZONE DEVELOPMENT AGENCY ( EZDA) , PURSUANT TO SECTION 290 . 00561 FLORIDA STATUTES WHEREAS , the State of Florida enacted the Florida Enterprise Zone Act , Sections 290 . 001 - 290 . 016 , Florida Statutes , to provide incentives to induce private investment into distressed areas to create economic opportunities and sustainable economic development ; and WHEREAS , the Board of County Commissioners of Indian River County and the City Council of the City of Vero Beach have nominated the area within Indian River County referred to as the Gifford Community , inclusive of the Gifford Front Porch Community and within the City of Vero Beach to include areas in and around the Vero Beach Municipal Airport to be considered by the Governor' s Office of Trade , Tourism and Economic Development (OTTED ) as an Enterprise Zone ; and WHEREAS , Sections 290 . 055 and 290 . 056 , Florida Statutes , require the County to create an Enterprise Zone Development Agency as a condition of precedent to receiving designation of such areas as an Enterprise Zone ; and WHEREAS , the Indian River County Enterprise Zone Development Agency ( EZDA) shall be a public body appointed by and dependent on the Board of County Commissioners ; and WHEREAS , the EZDA shall encourage the principles of economic opportunity and job creation , sustainable community development , community-based partnerships , a strategic vision for change , and effective local fiscal and regulatory incentives . NOW, THEREFORE , BE IT ORDAINED by the Board of County Commissioners of Indian River County , Florida , that Section 103 . 09 is hereby established as follows : Section 103 . 09 The Indian River County Enterprise Zone Development Agency 1 . There is hereby established The Indian River County Enterprise Zone Development Agencv . The Agency shall consist of not fewer than eight (8 ) or more than thirteen ( 13 ) members which shall consist of at least one representative from each of the following entities . the Indian River County Chamber of Commerce a financial or insurance entitV located in or providing services in the nominated area a business oioeratinq in the Enterprise Zone area a resident living in the Enterprise Zone area a non profit community-based organization operating in or providing services in the nominated area the Workforce Development Board of the Treasure Coast local code enforcement agency local law enforcement agency , and three members of the public ' at large The importance of minority representation on the Agency shall be considered in making appointments so that the Agencv generally reflects the ethnic andgender composition of1he nominated area . 2 . The functions powers and duties of the Agency shall include but not be limited to , the following A. Assist in the development and implementation of the 'Enterprise Zone Strategic Plan . B . Oversee and monitor the implementation of the goals of the strategic plan , The Agencv shall make quarterly reports to the Beard of County Commissioners and the Vero Beach City Council evaluating the Pro3ress in implementing the strategic plan C . Identify and recommend to the Board of County Commissioners and the Vero Beach City Council ways to remove regulatory barriers D . Identify the financial needs of and local resources or assistance available to eligible businesses and residents in the nominated area E . Promote through the development of the enterprise zone and its benefits by marketing and advertising This ordinance was advertised in the Press Journal on the 11th day of May , 2005 , for a public hearing on 24th day of May , 2005 , at which time it was moved for adoption by Commissioner Wheel er I and seconded by Commissioner Bowden and adopted by the following vote : Chairman Thomas S . Lowther Aye Vice ChairmanArthur R . Neuberger _ Ave Commissioner Wesley S . Davis —dye Commissioner Gary C . Wheeler Aye Commissioner Sandra L . Bowden Aye The Chairman thereupon declared the ordinance duly passed and adopted this 24th day of May, 2005 , INDIAN RIVER COUNTY , FLORIDA Attest: J . K . Barton , Clerk by its rd of County Commissioners y B --� By Deputy Clerk Thomas S . Lowther, Chairman Approved as to form nd Le BCC Approved : May 24 , 2005 i acy William K . De aal Assistant County Attorney Effective date : This ordinance was filed with the Department of State on day of JUN 0 3 2005 , 2005 and shall become effective on that date .