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Agenda 09/25/2012 Item #10I 9/25/2012 Item 10.1. Fes. FLORIDA COUNTIES All About Florida DRAFT AGENDA September 19, 2012 Gulf Consortium Joint Public Entity Creation/Steps Forward • Cover Memo • Gulf Consortium Q&A • Draft Resolution • October 1, 2012 Goal Transition Budget • Cover Memo • Approval by FAC Board Staff Report on Other Activities/Contacts Made • John Wayne Smith • Doug Darling • Stephen James Proposed Gulf Consortium Meeting Oct 22, 2012 (Location?) Proposed Consortium/Affected Counties Meeting November 28th—Sarasota(in conjunction with FAC Legislative Conference) Packet Page -761- 9/25/2012 Item 10.1. COLLIER COUNTY Board of County Commissioners Item Number: 10.1. Item Summary: To give the Board of County Commissioners an update on the RESTORE Act meeting held on September 19, 2012- Commissioner Fiala. Meeting Date: 9/25/2012 Prepared By Name: Mitchelllan Title: Executive Manager,BCC 9/19/2012 12:02:53 PM Submitted by Title: Executive Manager,BCC Name: Mitchelllan 9/19/2012 12:02:56 PM Approved By Name: OchsLeo Title: County Manager Date: 9/19/2012 1:35:10 PM Packet Page-762- 9/25/2012 Item 10.1. Gulf Consortium Formation and Structure Memorandum sesk To: Florida Association of Counties From: Mark T. Mustian, Nabors, Giblin, & Nickerson, P.A., FAC Special Counsel Date: September 14, 2012 The Gulf Consortium can be created by adoption of the attached interlocal agreement among any or all of the 23 "affected counties," including the 8 disproportionately affected counties and the 15 non-disproportionately affected counties which were impacted by the BP/Deep Water Horizon oil spill event. A separate document describes how the Gulf Consortium can serve the affected counties in the implementation of the RESTORE Act. This memorandum describes the structure of the Gulf Consortium as a joint public entity. Affected County Membership • Every county along the Gulf Coast of Florida has the right to join the Gulf Consortium by adopting the interlocal agreement and causing it to be recorded. • Any member may withdraw from the Consortium at any time. Non-County Members Ask • Other public entities, such as cities and the state government, may be admitted to membership if they are approved by the county members of the Gulf Consortium. • The affected county members can limit the membership rights of non-county members, allowing flexibility to seek out necessary public entity partners, but also to limit their voting rights. Non-Government Members • Florida law does not allow a non-government entity to be a member of the Gulf Consortium. The Board may allow non-government entities to serve in an advisory role. One County/One Vote Governance • The Consortium is governed by a Board of Directors consisting of one representative appointed by each of the affected counties which join the Consortium. • Each Director has one vote. A majority of the Directors constitutes a quorum. 1 Packet Page-763- 9/25/2012 Item 10.1. Executive Committee • Five Directors chosen from the Board of Directors serve as the Executive Committee. • The Chairman, Vice-Chairman and Secretary-Treasurer are elected by the members of the Board at a meeting held once a year. Two other members are selected by the elected Executive Committee members. • The Executive Committee can take actions on behalf of the board that are specified in the interlocal agreement, including hiring a manager, renting office space, hiring federal and state lobbyists, and opening a bank account. Otherwise, the Executive Committee may exercise only the power delegated by the Board. Consortium Meetings • Regular meetings can be called by a majority of the Board members or by the Chairman. • All meetings require public notice as required by law. Immunity for Directors • Directors are held harmless from any liability for acts of the Consortium and its officers and employees. • The Consortium has sovereign immunity. Annual Budget and Reports • For the first year, an interim budget is authorized. Thereafter, the agreement calls for an annual budget. • Financial reports must be provided consistent with chapter 218, Florida Statutes. Sunshine Law and Public Records • The Consortium is subject to the law providing for open meetings and public records. • Chapter 120 relating to rule making does not apply to the Consortium. Amendments and Effective Date • The Interlocal Agreement may be amended by concurrence of all the Directors and approval by the governing body of each Consortium Member. • The Gulf Consortium takes effect after approval by at least two affected counties and the filing of the agreement. 2 Packet Page-764- 9/25/2012 Item 10.1. Auk How a Joint Public Entity Can Serve Affected Counties in the Implementation of the RESTORE Act The Gulf Consortium can be authorized to serve the 23 "affected counties," including the 8 disproportionately affected counties and the 15 non-disproportionately affected counties in implementing any or all of the following aspects of the RESTORE Act. WHY a joint entity? — Gulf Consortium REQUIRED • In the state of Florida, the RESTORE Act provides that "a consortia of local political subdivisions" will develop the state economic and environmental restoration plan. The consortia shall include at a minimum "a representative of each affected county". • The consortium is responsible for the development and implementation of Florida's plan that will be funded based on a state "impact allocation" formula. It is estimated that Florida will receive 19-20 % of these funds. COORDINATION • The RESTORE Act provides for multiple pot: three separate funding pots for economic and environmental restoration and an additional pot emphasizing monitoring and research. • The projects and programs developed will very likely require the planning and cooperation of multiple jurisdictions. • The Gulf Consortium can propose and implement large-scale projects and programs to be funded by the Gulf Coast Ecosystem Restoration Council, which is responsible for developing a Master Gulf Coast Regional plan. • The Gulf Consortium can also help identify projects for the Natural Resource Damage Assessment (NRDA). TECHNICAL ASSISTANCE • The Consortium may be authorized to assist any of the 23 affected counties (if they so desire) in the plan development, implementation and administration of the 35 percent of RESTORE Act funds that constitute Florida's share as a Gulf Coast State and are allocated directly to the 23 counties. These funds are not subject to further appropriation. FLEXIBILITY o The Consortium can establish itself in almost any format, including o Multiple (Joint Interest or geographic) county groups, o Include state entities o Include other stakeholders OVERSIGHT & COMPLIANCE o Consortium can coordinate the 23 affected counties in the development of the Federal rules to implement the RESTORE Act. o Consortium can provide a process that will be open and transparent to the public. 1 Packet Page-765- 9/25/2012 Item 10.1. HOW do I get one? — Gulf Consortium Joint Public Entity o Chapter 163, Florida Statutes, authorizes counties and other public agencies to agree to use their powers jointly through the formation of another governmental entity so that they can efficiently address their mutual needs. o The idea of a separate legal entity created by two or more counties is much like the concept of a corporation or LLC that any person can create. A corporation has a charter and bylaws, which contain the powers of the corporation. The corporation is subject to laws and regulation that do not necessarily apply to human beings, and vice versa. Separate legal entities are common mechanisms through which counties and cities accomplish mutual goals. o A list of some of the separate government entities formed by counties and municipalities in Florida is provided in a separate document. Formation By Resolution o Counties desiring to join together can form a separate legal entity through the adoption of an identical resolution by each of the participating boards of county commissioners. At a minimum, section 163.01 requires the participation by two counties to create a separate government entity. Powers o The powers of the separate government entity are established in the resolutions creating the entity. o Generally, a separate government entity may be granted "any power, privilege, or authority which . . . [the counties] share in common and which each might exercise separately." Sec. 163.01(4), Fla. Stat. Sections 163.01(5) and (7) authorizes the separate government entity to exercise broad governmental powers, which can be further specified and limited in the resolution creating the entity. Thereafter, the powers of the separate government entity can be more fully developed and refined in the bylaws adopted by the participating counties. Organization & Governance Structures o The bylaws and resolution provide for the governance structure of the separate governmental entity. o The structure can be created in any manner that will serve the interests of the participating counties, including having more than one governing body, each of which can be given separate responsibilities for different purposes. Costs o The start-up and on-going operations can be funded from county contributions or any other source that may be available. o Under certain circumstances, these up-front and other costs may be recoverable from RESTORE Act funds allocated for administration. 2 Packet Page-766- 9/25/2012 Item 10.1. From: Florida Association of Counties Aimw To: Potential Counties of Gulf Consortium Subj: Transition Budget 1. As the decision to establish a Gulf Consortium approaches, the financial support for work already completed and remaining is included in the Transition Budget. Of note, this is not the Gulf Consortium budget. As specified in the Inter-Local Agreement (ILA) the Gulf Consortium, once established, will develop an initial budget for the first year. 2. The Transition Budget is not a bill for developing the ILA and is not a fee for joining the Gulf Consortium. 3. The Transition Budget is similar to special projects that FAC has undertaken in the past (i.e. Medicaid, Article 5). 4. The Transition Budget is intended to accomplish the following: a. Reimburse FAC for expenses associated with consultants, travel and other administrative costs. b. Continue the lobbying effort with Federal Agencies to ensure Florida Counties interests' are considered. c. Continue to provide continuity to members until the Gulf Consortium is formed. imook 5. If approved by a majority of the affected counties, the Transition Budget will be presented to the FAC Executive Committee for approval and invoicing. 6. Dependent upon the Gulf Consortium establishment date, any funds not needed by FAC will be "rolled forward" into the Gulf Consortium's account(s). Adak Packet Page-767-