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HomeMy WebLinkAbout2005-372 I A (} V .. f' •Pf A' INTERLOCAL AGREEMENT for 2005 SECTORS 1 & 2 RENOURISHMENT COST-SHARING THIS INTERLOCAL AGREEMENT for 2005 SECTORS 1 & 2 RENOURISHMENT COST- SHARING ( "Agreement") entered into effective this 15th day of November , 2005 (" 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 . As a result of the historic 2004 hurricane season , Indian River County received direct impacts from Hurricanes Frances and Jeanne causing severe beach erosion countywide . B . Indian River County currently has a permitted Sectors 1 &2 beach restoration project that extends from DNR monuments R-4 through and including R- 17 and encompasses parts of the Sebastian Inlet State Recreation Area and the Ambersand subdivision (" Project") . The beach and dune system of Indian River County located within the limits of the Project experienced a documented volumetric loss of approximately 290 , 000 cubic yards of sand attributable to the 2004 hurricanes and are in need of sand restoration . C . Indian River County has received a commitment from the Federal Emergency Management Agency ( FEMA) to fund the replacement of 241 , 650 cubic yards of sand to replace the documented storm losses to the Project ( FEMA Project Worksheet IRC- 002 - BG , Declaration No . 1545 DR- FL) . The estimated cost of the Project in the FEMA Project Worksheet is $6 , 080 , 308 . 75 . The actual cost of the Project is to be determined by competitive bid . Project costs are to be divided as follows : FEMA ( 90 % ) ; the State of Florida ( 5 % ) ; and the local entity ; that is , Indian River County , ( 5 % ) . D . 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 . Specifically , the District obtains a portion of the beach compatible material from dredging of the " sand trap " located within the Sebastian Inlet . In addition , the District is mandated by Florida Statutes section 161 . 042 to place all beach compatible materials derived from dredging the Sebastian Inlet on the downdrift beaches of Indian River County , including the area of the Project . E . The District has conducted surveys that show that the sand trap area requires dredging at this time and that approximately 100 , 000 cubic yards of beach compatible materials are available and recoverable . 1 F . It is anticipated that unit costs for the sand from the dredging of the Sebastian Inlet sand trap will be considerably less than unit costs for sand from the County' s offshore borrow area . If the volume of sand anticipated to be obtained from the dredging of the Sebastian Inlet sand trap is used partially to construct the Project , cost savings to FEMA , the State of Florida , and the local sponsor are expected . G . 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 ; and H . The County and the District desire to cooperate in connection with obtaining beach compatible materials from the dredging of the Sebastian Inlet sand trap and using such beach compatible materials partially to construct the Project , all on the terms and conditions set forth herein . Further, the County and the District desire to share in the five percent (5 % ) local entity share of the total Project cost , all on the terms and conditions set forth herein . 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 recitals are true and correct and form a material part of this Agreement . 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 , Applied Technology and Management , Inc (ATM ) . The design for the Project shall incorporate the placement of approximately 100 , 000 cubic yards of beach compatible materials derived from the Sebastian Inlet sand trap in the northern portion of the Project . The bid documents shall include separate line items for inshore and offshore dredge mobilization/demobilization , sand unit costs , shaping and dressing , and turbidity control . 3 . Permits. The County has existing permits for the Project , and has applied for modifications of such permits to allow for the construction of the Project . The District and its consultants shall provide the County with any and all necessary geotechnical , survey , biological , or other studies of the Sebastian Inlet sand trap needed to gain regulatory approval for the Project . The District shall allow any and all necessary or required use of its existing easements for pipelines and equipment access points through the Sebastian Inlet State recreation Area to the County for the purpose of constructing the Project for the term of this Agreement . 4 . Reimbursement. The District will reimburse the County for a portion of the local share of the Project cost based on the percentage of the total volume of beach compatible materials obtained from the Sebastian Inlet sand trap and placed on the Project . The District' s percentage share of the Project cost will be determined by : Volume derived from 2 the Sebastian Inlet sand trap divided by the total Project beach volume placed , times 5 % , The foregoing percentage will be applied to the total Project cost . 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 . Monitoring. The County will undertake all required physical and biological monitoring required as permit conditions of the Project . The foregoing monitoring is subject to a 50/50 cost sharing with the Florida Department of Environmental Protection under Grant Agreement 981R1 . The District agrees to reimburse the County for a portion of the 50 % (fifty percent) local share of Project monitoring costs . The District' s portion of the 50 % (fifty percent) local share of Project monitoring costs , and payment thereof, shall be calculated in accordance with the provisions of paragraph 4 of this Agreement . Any biological and geotechnical monitoring , and surveys conducted by the District , as required for Project permitting , will be credited to District ' s portion of the 50 % (fifty percent) local share . 6 . Mitigation . The County will undertake any mitigation required by state or federal agencies for impacts resulting from the Project . The mitigation activities are subject to a 75 % state/25 % local cost sharing with the Florida Department of Environmental Protection under Grant Agreement 981R1 . District agrees to cooperate with the County as a joint partner in the implementation of legislatively appropriated funds for reef mitigation garden creation and monitoring . Any mitigation credits derived from the reef mitigation garden creation and monitoring may be applied to the Project if necessary . 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 addresses of the parties shown below : Indian River County : Indian River County Public Works Department Attn : Jonathan C . Gorham 184025 th Street Vero Beach , Florida 32960 Fax : (772 ) 778-9391 Sebastian Inlet Tax District . Attn : Martin Smithson 114 Sixth Avenue Indialantic , Florida 32903 3 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 . Severabilitv. 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. 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 FEMA Agreement . The District further acknowledges and agrees that this Agreement is terminable by the County in the event that the County is notified by FEMA that FEMA will not provide funding to the County under the FEMA Agreement . In such event , the County shall provide written notice to the 4 s 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 . 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 ) . 14 . 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. 15 . 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 . 16 . 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 . 17 . 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 . REST OF PAGE INTENTIONALLY LEFT BLANK 5 IN WITNESS WHEREOF , the District has approved this Agreement at a duly noticed meeting held on November 9 , 2005 and the County has approved this Agreement at a duly noticed meeting held on November 15 , 2005 . Seb=/),//I Attest : By ,,�. BY Title : C /4 /4 ( a n-% o4 n1 ssOro INDIAN RIVER COUNTY r BOARD OF COUNTY COMMISSIONERS Afite, t; :1. ' : Batton , :Glerk rr- By . ��d By . v eal) QeT4ty Jerk Thomas S . Lowther, Chairman ° ` ' ,Iry r" • 0,,. Date BCC approved : 11 - 15 - 2005 PPROVEP APPROREP AS TO FORM ATAs /stant FICIENC \A's . Baird , unty Administrator nty Attorney 6