HomeMy WebLinkAboutIRC Lagoon Coalition - Sebastian - Fellsmere - Vero Beach3120150042157
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 2861 PG. 1564 Page 1 of 7 71102015 11 08 AM
INDIAN RIVER COUNTY LAGOON COALITION
INTERLOCAL AGREEMENT
This Indian River County LagooCoalition Interlocal Agreement ("Agreement") is made
and entered into as of theC&tiay of MA&I 2015 ("Effective Date"), by and between the
following governmental entities: (1) City o ebastian, Florida, a Florida municipal corporation; (2)
City of Fellsmere, Florida, a Florida municipal corporation; (3) Indian River Shores, Florida, a
Florida municipal corporation; and (4) City of Vero Beach, Florida, a Florida municipal corporation,
(collectively the "Parties" and each singularly a "Party"), all being located within Indian River
County, Florida, a political subdivision of the State of Florida.
RECITALS:
WHEREAS, the Indian River Lagoon National Estuary Program was designated in 1990
and formally established in 1991 to assist the Indian River Lagoon region located along the east -
central and south-east coastal area of Florida in developing a comprehensive plan to restore and
protect the Indian River Lagoon; and
WHEREAS, local, state, and Federal government participants in the Indian River Lagoon
National Estuary Program, consisting of: Volusia County, Florida; Brevard County, Florida; St.
Lucie County, Florida; Martin County, Florida; St. Johns River Water Management District;
South Florida Water Management District; United States Environmental Protection Agency; U.S.
Fish and Wildlife Service; Florida Fish and Wildlife Conservation Commission; Florida Marine
Research Institute; and United States Army Corps of Engineers, have formed the Indian River
Lagoon Council ("IRI, Council") and committed that organization to the successful implementation
of the Comprehensive Conservation Management Plan for the Indian River Lagoon, as it may be
amended from time to time and, in addition, the IRL Council will sponsor and be responsible for
the Indian River Lagoon National Estuary Program; and
WHEREAS, Indian River County, being located in the east -central coastal area of
Florida, is directly impacted by the Indian River Lagoon National Estuary Program and the
Comprehensive Conservation Management Plan for the Indian River Lagoon, however the Board
of County Commissioners of Indian River County has elected not to participate in the IRL
Council and declined to execute the Indian River Lagoon National Estuary Program Interlocal
Agreement and, therefore, the interests of the Indian River County area are not currently
represented on the IRL Council; and
WHEREAS, the Parties to this Agreement are municipal governments located entirely
within Indian River County and desire to participate in the IRL Council through the Indian River
County Lagoon Coalition ("Coalition") created by this Agreement, with full member privileges
and responsibilities in order to represent the interests of the Parties and the Indian River County
area in efforts to restore and protect the Indian River Lagoon,
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NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, the receipt and adequacy acknowledged by them, the Parties agree as follows:
1. Adoption of Recitals. The foregoing Recitals are true and correct and hereby adopted and
incorporated herein.
2. Interlocal Agreement. This Agreement is an interlocal agreement establishing a council of
local public officials as contemplated by section 163.02, Florida Statutes. All of the Parties qualify
to enter into this Agreement pursuant thereto.
3. Term. The term of this Agreement commences on the Effective Date and continues until
terminated, subject to the other provisions of this Agreement.
4. Coalition Established; Membership. There is hereby established by the Parties a new and
independent council of local public officials to be known as the "Indian River County Lagoon
Coalition" (hereinafter "Coalition"). Each Party shall have one member on the Coalition, who shall
be a member of the governing body of the Party and chosen by such body to be its
representative. A Party may also designate an alternate representative from its governing body to
serve when the regular representative is unavailable. Any Party may withdraw from this
Agreement and the Coalition upon 60 days' notice subsequent to formal action by its governing
body.
5. Organization; Bylaws. The Coalition shall be a corporation not for profit and shall adopt
bylaws designating the officers of the Coalition and providing for the conduct of its business.
The Coalition shall take all other action necessary or required by law for its formation.
6. Coalition Purpose. The purpose of the Coalition is to represent the interests of the Parties and
the Indian River County area by participation on the IRL Council, upon approval of that body,
through the Coalition's designated representative and to otherwise further the interests of the
Parties in the restoration and protection of the Indian River Lagoon.
7. Coalition Representative to IRL Council; Fees. The Coalition Chairperson shall be the
Coalition's representative to the IRL Council and attend each of its meetings. The Coalition Vice -
chairperson shall represent the Coalition in the absence of the Chairperson. An alternate
representative may be designated by the members to represent the Coalition at IRL Council
meetings should both the Chairperson and Vice -chairperson be unavailable. Each Party shall
contribute a proportionate share of the IRL Council membership fee for the Coalition.
8. Powers. The Coalition shall have the power to:
(a) Study matters related to the restoration and protection of the Indian River Lagoon;
(b) Promote cooperative arrangements and coordinate action among the Parties,
including but not limited to Coalition participation with the IRL Council and its
members; and
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2015.04.17.Imerlocal.docx
(c) Make recommendations for review and action to the Parties and other public
agencies that perform local functions and services within the area affecting the
Indian River Lagoon.
The Coalition shall not have the power to promulgate, issue, or make rules or regulations, issue
bonds or incur debt, levy taxes, charge rates, fees or rents, condemn, or assume any additional
governmental powers of the Parties except as specifically allowed by this Agreement.
9. Organizational Meeting; Officers. At the organizational meeting of the Coalition and in
January each year thereafter the members shall elect the following officers:
(a) A Chairperson who shall serve until January of the following year or until his or
her successor is elected.
(b) A Vice -chairperson who shall serve until January of the following year or until his
or her successor is elected. The Vice -chairperson shall act in the absence of the
Chairperson.
There shall also be a Secretary to the Coalition who shall be provided by the Party
represented by the Chairperson. The Secretary shall be custodian of Coalition records and keep the
official minutes of Coalition meetings. The Secretary shall be responsible for providing notices of
Coalition meetings to the members and the public and preparation of meeting agendas. Any
member may submit a matter to the Secretary for inclusion on a meeting agenda.
The initial Chairperson of the Coalition, who shall serve until election of a Chairperson at
the organizational meeting, shall be Richard H. Gillmor, Mayor of the City of Sebastian, and the
initial Secretary shall be provided by the City of Sebastian. The Chairperson shall designate a date,
time, and place, coordinated by the Secretary with the other members, for an organizational
meeting to be held after execution of this Agreement by all the Parties and appointment of the
Parties' respective Coalition members. The Chairperson shall run the meeting and rule on
procedural matters subject to being overruled by a majority vote of the members present. The
Chairperson may make and second motions.
10. Meeting Times and Places. The Coalition members shall meet on a regular basis at such
times and at such places as provided by the bylaws or as otherwise determined by the members;
provided, however, special meetings may be called by the Chairperson and in his or her absence
by the Vice -chairperson. All meetings shall be conducted in accordance with section 286.011,
Florida Statutes.
11. Quorum; Voting. A quorum for the transaction of business at any regular or special meeting
of the Coalition members consists of a majority of the members. Each member shall be entitled to
one vote. Voting by proxy shall not be allowed. All Coalition action shall require a majority vote
of those members present.
12. Indian River County. In the event the Board of County Commissioners ("BCC") of Indian
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2015.04.17.Interlocal.docx
River County ("IRC") determines to seek membership on the Indian River Lagoon Council:
(a) The Coalition shall give up its membership on the IRL Council in favor of the
BCC of IRC upon the acceptance and admission of IRC as a member of the IRL
Council; and
(b) The Coalition shall seek pro rata repayment of any outstanding membership fees in
the IRL Council.
13. Complete Agreement; Amendments; Counterparts. This Agreement constitutes the full,
complete and wholly independent agreement among the Parties. No subsequent alteration,
amendment, change, or addition to this Agreement will be binding on the Parties unless in
writing and signed by them and made a part of this Agreement by direct reference. This
Agreement may be executed in two or more counterparts, each of which shall be deemed an
original and all which together will constitute one and the same instrument.
14. Severability. If any clause, provision or section of this Agreement is found to be illegal or
invalid by any court of competent jurisdiction, the invalidity of such clause, provision or section
shall not affect any of the remaining clauses, provisions or sections, and this Agreement shall be
construed and enforced as if such illegal or invalid clause, provision or section had not been
contained in this Agreement.
15. Governing Law. Existing and future laws, rules and regulations of the United States and its
agencies, the State of Florida and its agencies will take precedence over the terms and provisions
of this Agreement in case of conflict or inconsistencies between them. The laws of the State of
Florida as applicable will govern the validity, performance and enforcement of this Agreement.
16. Public Purpose. This Agreement serves a municipal purpose and satisfies, fulfills and is
pursuant to and for a public purpose, is in the public interest, and is a proper exercise of each
Party's power and authority under each Party's individual governmental authority.
17. Recording. After execution by the Parties, this Agreement shall be recorded in the Public
Records of Indian Raver County, Florida and in those other official records of the state where
necessary or required by law. The Parties shall share equally in the expense incurred for such
recordings.
18. Performance Standards. None of the provisions in this Agreement shall be deemed in any
manner to amend, modify or otherwise change any of the provisions, regulations, or ordinances of
any Party to this Agreement nor does this Agreement allow a performance standard less than is
otherwise required under the terms of those provisions, regulations, or ordinances except as
specifically provided herein.
IN WITNESS WHEREOF the Parties have caused this Agreement to be executed under
seal and will be deemed to have executed such on the day and year designated below.
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CITY OF SEBASTIAN
Mayor
Date:
ATTEST:
City Clerk
AS TO FORM:
City Attorney
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mayor
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CITY OF FELLSMERE
Mayor
Date:
ATTEST:
City Clerk
AS TO FORM:
City Attorney
TOWN OF INDIAN RIVER SNORES
Mayor
Date:
ATTEST:
City Clerk
AS TO FORM:
City Attorney
Page 5 of 5
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2015.04. P.Interlocal.docx
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Page 5 of 5
CITY OF SEBASTIAN
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