Agenda 09/11/2012 Item #11Ag,, V-91 - Ifer- ' . L.
EXECUTIVE SUMMARY
Recommendation to accept a staff report on the progress to date of the
RESTORE Act settlement between BR and the US Government, to
designate a representative to act on behalf of Collier County in future
discussions on a proposed Consortium and Interlocal Agreement and to
approve funding of up to $1,120 for this p6rpose.
OBJECTIVE: Brief the County Commission on the status of a proposed
monetary settlement as a result of the Deep Water Horizon oil spill as part of the
RESTORE Act that was recently approved by the US Government.
CONSIDERATIONS: As a result of the BP Sulf Oil disaster during the summer
of 2010, the Clean Water Act provides for a settlement with BP that will range
between $5 billion and $20 billion, de Deriding on the severity of the
environmental pollution caused by the oil spill. The proceeds will be split among
the States of Louisiana, Alabama, Florida, M ssissippi and Texas, with Louisiana
getting the largest share due to their impact from the spill. 80% of the settlement
will be divided between these five states arid 20% will go into a trust fund for
future impacts that might not be know at the present time. There are three
primary ways the States and Collier Co my will receive funds from this
settlement:
"County Allocation" (35 %) Divided equally among the 5 states
75% of Florida's share of the RESTORE Ac settlement will go directly to the 8
Florida Panhandle Counties affected the most from the oil spill. 25% of Florida's
share will be divided between the 15 less affected Gulf Coast counties, including
Collier. This allocation will go directly to each of the 23 Florida Counties affected
by the oil spill based on a formula establish d by the Federal Government that
includes 2010 Census Population, distance from the oil rig and per capita sales
tax collections. Based on calculations doe by FAC, Collier's share of the
settlement based on the above formula cr teria could be within the following
range depending on the total settlement amount:
Settlement
$5 Billion
$10 Billion
$15 Billion
$20 Billion
Collier Share
$4,921,602
$9,843,203
$14,764,805
$19,686,406
"Federal Allocation" (30 %)
This is a competitive allocation based on pre determined projects set up by the
Gulf Coast Ecosystem Restoration Council to implement a comprehensive
recovery and restoration plan for the Gulf Coast as a result of the oil spill. Collier
will need to develop projects to fit the criteria set up by the Restoration Council
and receive reimbursement for those projects, from this part of the settlement.
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"State Allocation (30 %)
This allocation is designated to go to each of the 23 Florida Counties affected by
the oil spill and will be competitive in nature. The qualifying projects will be
governed by a legal entity called a Consortium. This Consortium will be governed
by an Interlocal Agreement that will need to be agreed to by the County
Commission and will include a small financial contribution to pay for
administration of the settlement. Each county's share of this allocation will be
based on restoration projects planned for and approved by their respective
counties using guidelines agreed to by the Consortium.
Interlocal Agreement: The attached Interlocal Agreement has been drafted by
FAC for consideration by all 23 Florida Counties affected by the oil spill. The
agreement stipulates how the Consortium will be formed and operated. The
overall purpose of the Consortium is to agree to mutually beneficial projects,
programs and improvements that will enhance the ecosystems and economy of
the Consortium member counties.
Next Steps:
• A meeting is scheduled for September 19 in St. Petersburg, FL to further
discuss the formation of the Consortium. Staff requests the BCC
designate a representative to attend this meeting with the authority to
speak on behalf of Collier County concerning our participation in the
Consortium.
• County Attorney review of the draft Consortium Interlocal Agreement and
provide comments to our . Collier representative (s) attending the
September 19 meeting.
• Hear a brief presentation on September 11 from a FAC representative on
the RESTORE Act, the importance of the Consortium and why we should
be a part of the Interlocal Agreement.
• Authorize staff and /or a County Commissioner to represent Collier County
in the S.W. Florida regional group to further discuss the Consortium and
the project guidelines to be included in the "State Allocation" described
above.
FISCAL IMPACT: The cost to Collier County between July 1 and December 1,
2012 for the administrative costs of the Consortium is $1,120.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management Plan from this action.
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91111/2012 Item 1, ' ./-,.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a
majority vote for Board approval. —JW
RECOMMENDATION: Recommendation to accept a staff report on the progress
to date on the RESTORE Act settlement between BP and the US Government, to
designate a representative to act on behalf of Collier County in future discussions
on a proposed Consortium and Interlocal Agreement, and to approve funding up
to $1,120 for this purpose.
PREPARED BY: Jack Wert, Tourism Director
ATTACHMENTS: Interlocal Agreement Draft
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9'11/2012 Item. I' .L.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A.
Item Summary: Recommendation to accept a staff report on the progress to date of the
RESTORE Act settlement between BP and the US Government, to designate a representative to
act on behalf of Collier County in future discussions on a proposed Consortium and Interlocal
Agreement and to approve funding of up to $1,120 for this purpose.
Meeting Date: 9/11/2012
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism
8/29/2012 2:48:18 PM
Submitted by
Title: Director - Tourism,Tourism
Name: WertJack
8/29/2012 2:48:20 PM
Approved By
Name: WertJack
Title: Director - Tourism,Tourism
Date: 8/30/2012 8:37:30 AM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 8/30/2012 10:52:09 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/30/2012 11:10:37 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/30/2012 5:21:58 PM
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Name: OchsLeo
Title: County Manager
Date: 9/1/2012 2:29:35 PM
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9l' 1 /2012 Iterr 1 'L .�..
g`',, r70,1-' IteCr".; ' *'.. /-.
NGN Draft No.4 8/15/12
INTERLOCAL AGREEMENT RELATING TO
ESTABLISHMENT OF THE
GULF CONSORTIUM
Among
TINSERT COUNTY NAMES]
Dated as of , 2012
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9!111/2012 Item; ` `.
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS
SECTION 1.01. DEFINITIONS. 3
ARTICLE II
THE CONSORTIUM
SECTION 2.01.. CREATION. 5
SECTION 2.02. PURPOSES. 5
SECTION 2.03. CONSORTIUM MEMBERS. 6
SECTION 2.04. DURATION OF CONSORTIUM. 6
ARTICLE III
MEMBERSHIP AND REPRESENTATION
SECTION 3.01.
MEMBERSHIP.
7
SECTION 3.02.
REPRESENTATION.
7
SECTION 3.03.
ACTION.
g
SECTION 3.04.
ELECTION OF OFFICERS.
g
SECTION 3.05.
AUTHORITY OF OFFICERS.
8
SECTION 3.06.
RESIGNATION OR REMOVAL OF DIRECTOR.
9
SECTION 3.08.
MEETINGS.
9
SECTION 3.09.
WITHDRAWAL OR DISMISSAL OF CONSORTIUM
MEMBERS.
10
SECTION 3.10.
EXPENSES.
10
SECTION 3.11.
LIABILITY.
10
ARTICLE IV
POWERS AN rD DUTIES
SECTION 4.01. POWERS. 11
SECTION 4.02. ANNUAL BUDGET. 14
SECTION 4.03. AD VALOREM TAXATION NOT AUTHORIZED. 14
i
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SECTION 5.01.
SECTION 5.02.
SECTION 5.03.
SECTION 5.04.
SECTION 5.05.
SECTION 5.06.
SECTION 5.07.
SECTION 5.08.
ARTICLE V
MISCELLANEOUS
DELEGATION OF DUTY.
FILING.
IMMUNITY.
LIMITED LIABILITY.
AMENDMENTS.
SEVERABILITY.
CONTROLLING LAW.
EFFECTIVE DATE.
ii
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a" ' ?r` ` ? Item
a i fig.. l .
15
15
15
16
1.6
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9/11/2012 Item 1 L.
INTERLOCAL AGREEMENT RELATING TO
ESTABLISHMENT OF THE
GULF CONSORTIUM
THIS INTERLOCAL AGREEMENT, dated as of , 2012
(the "Interlocal Agreement "), is jointly entered into by the counties which are
signatory hereto (collectively, the "Consortium Members "), each of which are
political subdivisions or other government agencies of the State of Florida and
constitute a "public agency" as that term is defined by Part I of Chapter 163,
Florida Statutes (the "Interlocal Act "), and such other public agencies as are added
as additional Consortium Members as provided in Section 3.01 hereof.
WITNESSETH:
WHEREAS, each of the Consortium Members are political subdivisions or
other government agencies of the State of Florida and have all powers of self -
government pursuant to their home rule powers and express grants of authority
provided by general law, including, but not limited to, those powers granted under
Chapter 125, Florida Statutes; and
WHEREAS, Pursuant to Part I of Chapter 163, Florida Statutes (the
"Interlocal Act "), Consortium Members, as public agencies under the Interlocal
Act, may enter into interlocal agreements with each other to jointly exercise any
power, privilege or authority which such Consortium Members share in common
and which each might exercise separately. The joint exercise of this authority
permits the Consortium Members to make the most efficient use of their powers by
enabling them to cooperate on the basis of mutual benefit and, pursuant to this
authority, to form a governmental entity that will best serve the needs of such
Consortium Members and their citizens; and
WHEREAS, the Interlocal Act authorizes the Consortium Members to enter
into an interlocal agreement for the purposes of creating a separate legal entity for
the purpose of the joint exercise of the common powers of the Consortium
Members; and
WHEREAS, the United States Congress approved, and the President signed
into law, the Resources and Ecosystems Sustainability, Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act of 2012 (the "Restore Act "),
which established potential funding sources for various purposes which will
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J,� `:'2^ i Iterr �.
enhance and benefit the Gulf Coast area. Such funding source to be derived from
administrative and civil penalties from responsible parties in connection with the
explosion on and sinking of the mobile offshore drilling unit Deepwater Horizon;
and
WHEREAS, the Consortium Members are counties which were impacted
by Deepwater Horizon and the provisions of the Restore Act are applicable to it;
and
WHEREAS, under the provisions of the Restore Act, a Trust Fund (the
"Trust Fund ") is established through which funding is available for various
projects, improvements, development and environmental mitigation within the
Gulf Coast regions; and
WHEREAS, the Consortium Members have determined that it is in their
best interests to create a legal entity to join together for the purposes of
implementing the consortia of local political subdivisions contemplated by the
Restore Act, for the purposes of the development of the plan for the expenditure of
the oil spill restoration impact allocation and to jointly serve the interests of the
Consortium Members; and
WHEREAS, the Consortium Members seek to jointly exercise their power
to consider and promote proposals to be funded through the Trust Fund and to seek
on behalf of the Consortium and its members the funding of eligible projects
within their respective areas; and
WHEREAS, the Consortium Members seek to join together to arrive at
mutually beneficial projects, programs and improvements which will enhance the
ecosystems and economy of the Consortium Members and to collectively fulfill
their responsibilities under the Restore Act to develop a plan for expenditure of
certain funds within the Trust Fund.
NOW, THEREFORE, in consideration of the foregoing, it is mutually
agreed by and among the Consortium Members that now or may hereafter execute
this Interlocal Agreement, that the "Gulf Consortium," is a legal entity, public body
and a unit of local government with all of the privileges, benefits, powers and
terms of the hereinafter defined Act and this Interlocal Agreement, and is hereby
created for the purposes described herein.
1)
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.e —..,, ,. , -,.
ARTICLE I
DEFINITIONS
9/11/2012 Item 11.x,
SECTION 1.01. DEFINITIONS. The following definitions shall govern
the interpretation of this Interlocal Agreement:
"Act" shall mean, collectively, the "Home Rule" powers and all provisions
of general law granting powers and authority to each Consortium Member,
including, but not limited to, Chapter 125, Florida Statutes, Chapter 166, Florida
Statutes, the Interlocal Act, and other applicable provisions of law.
"Affected County" shall have the meaning set forth in the Restore Act.
"Consortium Members" shall mean the member or members of the
Consortium, from time to time, as shall be provided for by this Interlocal
Agreement.
"Board" shall mean the governing board of the Consortium, consisting of
the Directors appointed hereunder.
"Consortium" shall mean the Gulf Consortium., a legal entity and public
body, created pursuant to the provisions of the Interlocal Act and by this Interlocal
Agreement.
"Director" shall mean that individual appointed by each Consortium
Member in accordance with the provisions hereof to serve as part of the Board.
"Fiscal Year" shall mean the period commencing on October 1 of each year
and continuing through the next succeeding September 30, or such other period as
may be determined by the Board.
"Manager" shall mean the individual or entity selected and engaged by the
Board to provide administrative functions of the Consortium.
"Interlocal Act" shall mean Part I of Chapter 163, Florida Statutes.
"Interlocal Agreement" shall mean this Interlocal Agreement, including
any amendments or supplements hereto, executed and delivered in accordance with
the terms hereof.
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91111/2012 Iterr ` '� .4.
"Public Agencies" shall mean any "public agency ", as that term is defined
by the Interlocal Act.
"Restore Act" shall have the meaning set forth in the preambles hereof.
"State" shall mean the State of Florida.
Whenever any words are used in this Interlocal Agreement in the masculine
gender, they shall be construed as though they were also used in the feminine or
neuter gender in all situations where they would so apply, and whenever any words
are used in this Interlocal Agreement in the singular form, they shall be construed
as though they were also used in the plural form in all situations where they would
so apply.
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9/11/2012 Item 1': .,4.
ARTICLE II
THE CONSORTIUM
SECTION 2.01. CREATION. The Consortium Members hereby jointly
create and establish the "Gulf Consortium ", a legal entity and public body and a
unit of local government, with all of the privileges, benefits, powers and terms
provided for herein and by the Act.
SECTION 2.02. PURPOSES.
(A) The purpose of this Interlocal Agreement is for the establishment of
the Consortium, which will serve as the consortia or establish the consortia of local
political subdivisions as contemplated by the Restore Act for those counties which
are members of the Consortium. The Consortium is intended to assist in or be
responsible for, as determined by the Board:
(1) the development of the plan for the expenditure of the oil spill
restoration impact allocation required by the Restore Act;
(2) the preparation and processing of applications for funding
under the competitive program to be processed and administered by the Gulf Coast
Ecosystem Restoration Council;
(3) acting as a resource for Consortium Members, to the extent
requested, in the planning, administration and expenditure of that Member's share
provided directly to the disportionately and nondisportionately impacted counties
pursuant to the Restore Act;
(4) acting as a resource in the obtaining of additional funding for
programs through other available revenue sources, including, but not limited to,
those available for the Natural Resource Damage Assessment (NRDA);
(5) acting as an advocate and representing the Consortium
Members in the development of federal rules relating to the implementation of the
Restore Act; and
z
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0 ", - 2 Iterr " .4.
(6) acting as an advocate for the Consortium Members with
executive agencies, the Florida Leuislature and the United States government.
(B) It is detennined that the creation and organization of the Consortium
and the fulfillment of its objectives serves a public purpose, and is in all respects
for the benefit of the people of the State, Consortium Members, affected Public
Agencies and their citizens.
(C) It is detennined that the Consortium is performing an essential
governmental function. All property of the Consortium is and shall in all respects
be considered to be public property, and the title to such property, to the extent
required, shall be held by the Consortium. for the benefit of the public. The use of
such property shall be considered to serve a public purpose, until disposed of upon
such terms as the Consortium may deem appropriate.
SECTION 2.03. CONSORTIUM MEMBERS. The Consortium
Members shall consist of those Public Agencies set forth below or joined as
provided in Article III.
SECTION 2.04. DURATION OF CONSORTIUM. The Consortium
shall be in perpetual existence until the earlier of the following occurs:
(A) all revenue within. the Trust Fund created pursuant to the Restore Act
is expended and the program established by the Restore Act is dissolved; or
(B) the Consortium is dissolved by the majority vote of its Board.
31
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9/11/2012 Item 1 f A,
ARTICLE III
MEMBERSHIP AND REPRESENTATION
SECTION 3.01. MEMBERSHIP..
(A) Membership in the Consortium shall consist of Public Agencies that
approve this Interlocal Agreement pursuant to Article III.
(B) The initial Consortium Members shall on the date hereof consist of:
(INSERT COUNTIES)
(C) To the extent permitted by the Interlocal Act and the Restore Act, the
Consortium may admit any additional Public Agency to membership upon
application of such Public Agency, the approval of this Interlocal Agreement by
that Public Agency, and the affirmative vote of the majority of all Directors at a
duly called meeting of the Board of the Consortium; provided, that any Affected
County shall automatically be admitted to membership upon application thereof.
This Interlocal Agreement need. not be amended in order to admit any Public
ACYency as a Member of the Consortium; however, any new Consortium Member
which is not an Affected County shall be required to evidence its approval of any
conditions imposed on its membership by the existing Directors of the Consortium.
Approval of the governing bodies of each existing Consortium Member shall not
be required for the purpose of admitting a new Consortium Member.
(D) As a precondition to membership in the Consortium, each Consortium
Member shall constitute a Florida municipality, county or such other Public
Agency which is permitted by the Interlocal Act to be a member of the
Consortium. Such new Consortium Member shall execute, deliver and record a
duly authorized counterpart to this Interlocal Agreement, as it exists at the time of
its approval.
SECTION 3.02. REPRESENTATION.
(A) Each Consortium Member shall appoint one Director to act as its
representative on the Board. Each Director shall be an individual who shall be
appointed specifically by name or by position. The Consortium Member shall
notify the Manager and the Chairman in writing as to the individual designated as
their Director.
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9 "l,'2C'-- Item `�...
(B) Directors may be an elected official, appointed official, employee or
other designee of a Consortium Member.
SECTION 3.03. ACTION.
(A) The affairs, actions and duties of the Consortium shall be undertaken at
a duly called meeting pursuant to Section 3.08 hereof.
(B) At any meeting of the Consortium. at which any official action is to be
taken, a majority of all Directors shall constitute a quorum. A majority vote of a
quorum of the Directors present at a duly called meeting shall constitute an act of
the Consortium, except as otherwise provided herein. Except as may be
established by the Board with respect to any new Consortium Member which is not
an Affected County, each Director is entitled to cast one vote.
(C) A certificate, resolution or instrument signed by the Chairman, Vice -
Chairman or such other person of the Consortium as may hereafter be designated
and authorized by the Board, shall be evidence of the action of the Consortium and
any such certificate, resolution or other instrument so signed shall conclusively be
presumed to be authentic. Likewise, all facts and matters stated therein shall
conclusively be presumed to be accurate and true.
SECTION 3.04. ELECTION OF OFFICERS. Once a year. and at such
other time as may be necessary to fill a vacancy, at a duly called meeting of the
Board called for the purpose thereof, the Consortium through its Directors shall
elect a Chairman, a Vice- Chairman and Secretary - Treasurer to conduct the
meetings of the Authority and to perform such other functions as herein provided.
Said Chairman, Vice- Chairman and Secretary - Treasurer shall each serve one (1)
year terms unless they resign from the Consortium, are removed by the Member
they represent, or such officer is otherwise replaced as a Director of the Board.
SECTION 3.05. AUTHORITY OF OFFICERS.
(A) The Chairman and the Vice - Chairman shall take such actions and have
such powers as provided by the Board. The Chairman shall sign all documents on
behalf of the Consortium and take such action as may be in furtherance of the
purposes of this Interlocal Agreement as may be approved by resolution or action
of the Board adopted at a duly called meeting. The Vice - Chairman shall act in the
absence or otherwise inability of the Chairman to act.
M.
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9/11/2012 Item I 1.A.
(B) The Secretary - Treasurer, or his designee, shall keep and maintain all
minutes of all meetings of the Board, but such minutes need not be verbatim.
Copies of all minutes of the meetings of the Board shall be sent by the Secretary -
Treasurer or his designee to all Directors of the Consortium. The Secretary -
Treasurer may also attest to the execution of documents. The Secretary- Treasurer
shall have such other powers as may be approved by resolution or other action of
the Board adopted at a duly called meeting.
SECTION 3.06. RESIGNATION OR REMOVAL OF DIRECTOR.
(A) Any Director may resign from all duties or responsibilities hereunder
by giving at least thirty (30) days prior written notice to the Manager and
Chainnan. Such notice shall state the date said resignation shall take effect and
such resignation shall take effect on that date.
(B) Each Consortium Member, in its sole discretion, may remove its
designated Director at any time and may appoint a new Director to serve on the
Board upon written notice being given to the Manager and Chairman.
(C) In the event the Director of a Consortium Member shall resign or be
removed, such Consortium Member shall appoint a new Director within thirty (30)
days.
J
(D) Any Director who resigns or is removed who is an officer of the
Consortium shall immediately turn over and deliver to the Manager any and all
records, books, documents or other property in his possession or under his control
which belong to the Authority.
SECTION 3.07. MEETINGS.
(A) The Board shall convene at a meeting duly called by either a majority
of the Directors or the Chairman. The Directors may establish regular meeting
times and places. Meetings shall be conducted at such locations as may be
determined by the majority of the Directors or the Chairman. Notice of a special
meeting, unless otherwise waived, shall be furnished to each Director by the
Manager not less than seven (7) calendar days prior to the date of such meeting;
provided the Chairman or, in his absence or unavailability, the Vice- Chairman,
may call a meeting upon twenty -four (24) hours written notice, if such officer
determines an emergency exists. All meetings shall be noticed in accordance with
Florida law.
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9'1 11212 Item `.hl
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(B) Within thirty (30) calendar days of the creation of the Consortium, the
duly appointed Directors shall hold an organizational meeting to elect officers and
perform such other duties as are provided for under this Interlocal Agreement.
(C) To the extent allowed, meetings may be held by means of media
technology in conformity with the Interlocal Act.
SECTION 3.08. WITHDRAWAL OR DISMISSAL OF ONSORTIUM
MEMBERS. Any Consortium Member may withdraw from the Consortium at
any time, if the following conditions are satisfied:
(A) there shall be at least two (2) Consortium Members remaining in the
Consortium subsequent to withdrawal; and
(B) a certified resolution from the Consortium Member's governing body
setting forth its intent to withdraw is presented to the Consortium. Upon
satisfaction of the foregoing conditions, such withdrawal shall be effective.
SECTION 3.09. EXPENSES. The Consortium may establish, from time
to time, procedures for reimbursement for reasonable expenses incurred by
Directors and employees of the Consortium. The expenditure of all expenses and
approval of travel shall be in conformity with the provisions of Florida law
governina travel and reimbursement of expenses for public officials.
SECTION 3.10. LIABILITY. No Director, agent, officer, official or
employee of the Consortium shall be liable for any action taken pursuant to this
Interlocal Agreement in good faith or for any omission, except gross negligence, or
for any act of omission or commission by any other Director, agent, officer,
official or employee of the Consortium. 4
SECTION 3.11 EXECUTIVE COMMITTEE. An Executive Committee
of the Board shall be established that shall consist of the Chairman, the Vice -
Chairman, the Secretary - Treasurer and two other Directors designated by the
foregoing three officers. The Executive Committee shall have the power to act on
behalf of the Board in items of the activities set forth in Section 4.01(2), (3), (4),
(6), (7), (11), (1-3), (15), (17), (23) and (24) hereof, and such other powers as may
be designated by the Board.
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9/11 /2012 Item 1 I.A.
ARTICLE IV
POWERS AND DUTIES
SECTION 4.01. POWERS.
(A) The Consortium shall have all powers to carry out the purposes of this
Interlocal Agreement, including the following powers which shall be in addition to
and supplementing any other privileges, benefits and powers granted by the Act, or
otherwise by the Interlocal Agreement:
(1) To enter into other interlocal agreements or join with any other
special purpose or general purpose local governments, public agencies or
authorities or create a separate entity as permitted by the Act in the exercise of
common powers or to assist the Consortium in fulfilling its purpose under this
Interlocal Agreement.
(2) To sue and be sued in the name of the Consortium.
(3) To adopt and use a seal and authorize the use of a facsimile
thereof.
(4) To contract with any public or private entity or person upon
such terms as the Board deems appropriate.
(5) To acquire, by purchase, gift, devise or otherwise, and to
dispose of, real or personal property, or any estate therein.
(6) To make and execute contracts or other instruments necessary
or convenient to the exercise of its powers.
(7) To maintain an office or offices at such place or places as the
Board may designate from time to time.
(8) To lease, as lessor or lessee, to or from any person, firm,
corporation, association or body, public or private, facilities or property of any
nature to carry out any of the purposes authorized by this Interlocal Agreement.
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(9) To apply for and accept grants, loans and subsidies from any
governmental entity for the funding of projects, improvements or mitigation, and to
comply with all requirements and conditions imposed in connection therewith.
(10) To the extent allowed by law and to the extent required to
effectuate the purposes hereof, to exercise all privileges, immunities and
exemptions accorded municipalities and counties of the State under the provisions
of the constitution and laves of the State.
(1 1) To invest its moneys in such investments as directed by the
Board in accordance with State law and which shall be consistent in all instances
with the applicable provisions of the Financing Documents.
(1.2) To provide for the establishment of advisory committees or
councils to the Board or other interlocal entities under the auspices of the Board.
(1 33) To fix the time and place or places at which its regular meetings
shall be held, and to call and hold special meetings.
(14) To make and adopt rules and procedures, resolutions and take
such other actions as are not inconsistent with the Constitution and laws of the
State of Florida, the provisions of the Interlocal Act or this Interlocal Agreement
that are necessary for the governance and management of the affairs of the
Consortium, and further, the powers, obligations and responsibilities vested in the
Consortium by this Interlocal Agreement.
(1 5) To select and engage a Manager, who shall administer the
operations of the Consortium, manage the staff of the Consortium, as authorized by
the Board, and perform all other administrative duties as directed by the Board.
(16) To employ or hire such attorneys or firm(s) of attorneys as it
deems appropriate to provide legal advice and/or other legal services to the
Consortium.
(17) To employ or hire engineers, consultants or other specialized
professionals as it deems appropriate to further the purposes of the Consortium.
(18) To create any and all necessary offices in addition to Chairman.
Vice - Chairman and Secretary- Treasurer; to establish the powers, duties and
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9/11/2012 item 1' ./L,.
compensation of all employees; and to require and fix the amount of all official
bonds necessary for the protection of the funds and property of the Consortium.
(1.9) To take such action and employ such persons or entities as are
necessary to prepare, develop and submit to the Gulf Coast Ecosystem Restoration
Council the plan contemplated by the- Restore Act setting forth those projects,
programs and activities that will improve the ecosystems or economy of the State
of Florida.
(20) To prepare, develop and submit applications for funding from
the Trust Fund under the competitive program administered by the Gulf Coast
Ecosystem Restoration Council on behalf of the Consortium or a Member.
(21) To advise, assist and aid Consortium Members, upon their
request, in the planning, administration and expenditure of funds from the Trust
Fund provided to disportionately and non.disportionately impacted Counties.
(22) To advise, assist and aid the Consortium in obtaining additional
funding from other programs for projects, programs or mitigation on behalf of the
Consortium or its Members.
(23) To hire or engage staff, attorneys and professionals to act as an
advocate and represent the interests of Consortium Members in the Federal
rulemaking process.
(24) To hire or engage staff, attorneys and professionals as an
advocate and to represent the interests of the Consortium and its Members before
Federal and State agencies and the Legislature.
(25) To do all acts and to exercise all of the powers necessary,
convenient, incidental, implied or proper in connection with any of the powers,
duties or purposes authorized by this Interlocal Agreement or the Act.
(B) In exercising the powers conferred by this Interlocal Agreement, the
Board shall act by resolution or other action approved at duly noticed and publicly
held meetings in conformance with applicable law.
(C) The provisions of Chapter 120, Florida Statutes, shall not apply to the
Consortium.
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(D) The Consortium shall be subject to the provisions of the Florida
Sunshine Law under Chapter ?86, Florida Statutes. All records of the Consortium
shall be subject to the Public Records Law.
SECTION 4.02. ANNUAL BUDGET.
(A) Following the creation of the Consortium., the Board shall approve a
budget which shall provide for revenues and expenditures during the remainder of
the fiscal year in which it was formed. Such interim budget procedures shall be
utilized solely for the initial year of creation of the Consortium, after which the
budget shall be created pursuant to the remaining provisions of this section.
(B) Prior to October l of each year the Board will adopt an annual budget
for the Consortium. Such budget shall be prepared within the time periods
required for the adoption of a tentative and final budget for county governments
under general law. The annual budget shall. contain an estimate of receipts by
source and an itemized estimation of expenditures anticipated to be incurred to
meet the financial needs and obligations of the Consortium. The Manager shall
prepare the annual budget. V
(C) The adopted budget shall be the operating and fiscal. guide for the
Consortium for the ensuing Fiscal Year. The Board may from time to time amend
the budget at any duly called regular or special meeting.
(D) The Consortium shall provide financial reports in such form and in
such manner as prescribed pursuant to this Interlocal Agreement and Chapter ? 18,
Florida Statutes.
SECTION 4.03. AD VALOREM TAXATION NOT AUTHORIZED.
The Consortium shall not have the power to levy and assess an ad valorem tax on
any property for any reason. r
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9!11 /2012 Item 1 E.4,
ARTICLE `'
MISCELLANEOUS
SECTION 5.01. DELEGATION OF DUTY. Nothing contained herein
shall be deemed to authorize the delegation of any of the constitutional or statutory
duties of the State or the Consortium Members or any officers thereof..
SECTION 5.02. FILING. A copy of this Interlocal Agreement shall be
filed for record with the Clerk of the Circuit Court in each county wherein a
Consortium Member is located.
SECTION 5.03. IMMUNITY.
(A) All of the privileges and immunities from liability and exemptions
from laws, ordinances and rules which apply to the activity of officials, officers,
agents or employees of the Consortium Members shall apply to the officials,
officers, agents or employees of the Consortium when performing their respective
functions and duties under the provisions of this Interlocal Agreement.
(B) The Consortium and each Consortium Member shall be entitled to all
protections granted to them under Sections 768.28 and 163.01(9)(c), Florida
Statutes, other Florida Statutes and the common law governing sovereign
immunity. Pursuant to Section 163.01(5)(o), Florida Statutes, Consortium
Members may not be held jointly liable for the torts of the officers or employees of
the Consortium, or any other tort attributable to the Consortium, and that the
Consortium alone shall be liable for any torts attributable to it or for torts of is
officers, employees or agents, and then only to the extent of the waiver of
sovereign immunity or limitation of liability as specified in Section 768 28, Florida
Statutes. Nothing in this Interlocal Agreement shall be deemed to constitute a
waiver of sovereign immunity.
(C) The Consortium Members intend that the Consortium shall have all of
the privileges and immunities from liability and exemptions from laws, ordinances,
rules and common law which apply to the municipalities and counties of the State.
Nothing in this Interlocal Agreement is intended to inure to the benefit of any
third -parry for the purpose of allowing any claim which would otherwise be barred
under the doctrine of sovereign immunity or by operation of law.
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g/ ! /2C' '12 Iterr ` ,
SECTION 5.04. LIMITED LIABILITY. No Consortium Member shall
in any manner be obligated to pay any debts, obligations or liabilities arising as a
result of any actions of the Consortium, the Directors or any other agents,
employees, officers or officials of the Consortium, except to the extent otherwise
mutually agreed upon by that Member, and. neither the Consortium, the Directors
or any other agents, employees, officers or officials of the Consortium have any
authority or power to otherwise obligate any individual Consortium Member in any
manner.
SECTION 5.05. AMENDMENTS. This Interlocal Agreement may be
amended in writing at any time by the concurrence of all of the Directors present at
a duly called meeting of the Consortium and subsequent ratification by the
governing body of each Consortium Member. However, this Interlocal Agreement
may not be amended so as to (A.) permit any profits of the Consortium to inure to
the benefit of any private person, or (B) permit the diversion or application of any
of the moneys or other assets of the Consortium for any purposes other than those
specified herein.
SECTION 5.06. SEVERABILITY. In the event that any provision of this
Interlocal Agreement shall, for any reason, be determined invalid, illegal or
unenforceable in any respect by a court of competent jurisdiction, the other
provisions of this Interlocal Agreement shall remain in full force and effect.
SECTION 5.07. CONTROLLING LAW. This Interlocal Agreement
shall be construed and governed by Florida law.
SECTION 5.08. EFFECTIVE DATE. This Interlocal Agreement shall
become effective on the later of (A) the dated date hereof, or (B) the date the last
initial Consortium Member executes this Interlocal Agreement and the filing
requirements of Section 5.02 hereof are satisfied.
Ir
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