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Backup Documents 01/08-09/2013 Item #10GORIGINAL DPIUMENTS CHECKLIST & RWTING SLIP TO ACCOIV i►1NY ALL ORIGINAL DOCUMEN. `SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 0 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney UG at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney office no later than Monday preceding the Board meeting. Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw aline throuah routine lines #1 thmuah #2_ mmnlete the checklict and fnr and to the Cnnnty Attnmev Clf ine Route to Addressees (List in routing order) Office Initials Date 1. appropriate. (Initial A licable 2. 1/8/13 V Agenda Item Number 1, 3. County Attorney Office County Attorney Office JAK 4. BCC Office Board of County Commissioners + r 1 l 3 5. Minutes and Records Clerk of Court's Office Documents Attached J PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252 -8400 Contact / De artment appropriate. (Initial A licable Agenda Date Item was 1/8/13 V Agenda Item Number 1, Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, Type of Document Interlocal Agreement — RESTORE Number of Original One Attached Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's JAK INSTRUCTIONS & CHECKLIST eel 'r -�AiL. I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial A licable 1. Does the document require the chairman's original signature? JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required, 7. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwar ing to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aw a of your deadlines! 8. The document was approved by the BCC on 1/8/13 nd all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the JAK BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. eel 'r -�AiL. I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 30G C4 MEMORANDUM Date: January 14, 2013 To: Virginia Neet, Paralegal Assistant County Attorney's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Interlocal Agreement - RESTORE Attached for your records is a copy as referenced above, (Item #10G) adopted by the Board of County Commissioners on Tuesday, January 8, 2013. If you have any questions, please call me at 252 -8411. Thank you. Attachments (4) 10G EXECUTION COPY INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM Dated as of September 19, 2012 10G TABLE OF CONTENTS Page ARTICLE I DEFINITIONS SECTION 1.01. DEFINITIONS. 4 ARTICLE II THE CONSORTIUM SECTION 2.01. CREATION. 6 SECTION 2.02. PURPOSES. 6 SECTION 2.03. CONSORTIUM MEMBERS. 7 SECTION 2.04. DURATION OF CONSORTIUM. 7 ARTICLE III MEMBERSHIP AND REPRESENTATION SECTION 3.01. MEMBERSHIP. 8 SECTION 3.02. REPRESENTATION. 8 SECTION 3.03. ACTION. 9 SECTION 3.04. ELECTION OF OFFICERS. 9 SECTION 3.05. AUTHORITY OF OFFICERS. 9 SECTION 3.06. RESIGNATION OR REMOVAL OF DIRECTOR. 10 SECTION 3.07. MEETINGS. 10 SECTION 3.08. WITHDRAWAL OR DISMISSAL OF CONSORTIUM MEMBERS. 11 SECTION 3.09. EXPENSES. 11 SECTION 3.10. LIABILITY. 11 SECTION 3.11. EXECUTIVE COMMITTEE. 11 SECTION 3.12. PRINCIPAL PLACE OF BUSINESS. 12 i 10G ARTICLE IV POWERS AND DUTIES SECTION 4.01. POWERS. 13 SECTION 4.02. ANNUAL BUDGET. 16 SECTION 4.03. AD VALOREM TAXATION NOT AUTHORIZED. 16 ARTICLE V MISCELLANEOUS SECTION 5.01. DELEGATION OF DUTY. 17 SECTION 5.02. FILING. 17 SECTION 5.03. IMMUNITY. 17 SECTION 5.04. LIMITED LIABILITY. 18 SECTION 5.05. AMENDMENTS. 18 SECTION 5.06. SEVERABILITY. 18 SECTION 5.07. CONTROLLING LAW. 18 SECTION 5.08. EFFECTIVE DATE. 18 ii 10G INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM THIS INTERLOCAL AGREEMENT, dated as of September 19, 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 initial Consortium Members are political subdivisions 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, all Consortium Members are public agencies of the State of Florida, within the meaning of Part I of Chapter 163, Florida Statutes (the "Interlocal Act "); and WHEREAS, the 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 1 10G 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 enhance and benefit the Gulf Coast area. Such funding sources are 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 initial Consortium Members are counties which were impacted by the Deepwater Horizon event 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 2 IOG terms of the hereinafter defined Act and this Interlocal Agreement, and is hereby created for the purposes described herein. 3 10G ARTICLE I DEFINITIONS SECTION 1.01. DEFINITIONS. The following definitions shall govern the interpretation of this Interlocal Agreement: "Act" shall mean, with respect to Consortium Members that are Affected Counties, the "Home Rule" powers and all provisions of general law granting powers and authority to each such Consortium Member, including, but not limited to, Chapter 125, Florida Statutes, the Interlocal Act, and other applicable provisions of law, and to other Consortium Members, all provisions of general law granting powers and authority to such Consortium Member, including the Interlocal Act. "Affected County" shall mean any of the 23 Florida counties with frontage on the Gulf of Mexico. "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. 11 10G "Interlocal Agreement" shall mean this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. "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. E 10G 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 or proposals 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 by that Member, in the planning, administration and expenditure of that Member's share or portion thereof provided directly to the disproportionately and nondisproportionately impacted counties pursuant to the RESTORE Act upon such terms and conditions agreed to by that Consortium Member and at the sole expense of that Consortium Member; provided, that nothing contained herein is intended to impact the amount or timing of any such distribution provided directly to the disproportionately and nondisproportionately impacted counties; (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); 0 10G (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 (6) acting as an advocate for the Consortium Members with executive agencies, the Florida Legislature and the United States government. (B) It is determined 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 determined 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. fA 10G 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 those counties approving this Interlocal Agreement prior to October 19, 2012. (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 Agency 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. 10G (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 3.07 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 authorized by the Board and 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 a Secretary- Treasurer to conduct the meetings of the Board 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. Officers may, if elected by the Directors, serve longer than a one (1) year term. 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. Z 10G (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 Chairman. 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. Each Consortium Member may also designate an alternate or designee to serve in a Director's place in the event the Director is unavailable. (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. (D) Any Director who resigns or is removed and 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 10 10G determines an emergency exists. All meetings shall be noticed in accordance with Florida law. (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 CONSORTIUM 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 Consortium shall also establish a mechanism for assessing or apportioning Consortium expenses to the Consortium Members. The expenditure of all expenses and approval of travel shall be in conformity with the provisions of Florida law governing 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. 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(A)(2), (3), 11 (4), (6), (7), (11), (13), (15), (16), (17), (23) and (24) hereof, and such other powers as may be designated by the Board. SECTION 3.12 PRINCIPAL PLACE Consortium's principal place of business, within (11), Florida Statutes, shall initially be Leo modification by action of the Board. OF BUSINESS. The the meaning of Section 163.01 Leon 12 County, Florida, subject to 10G 10-G 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, including the power to determine how property will be disposed of upon the dissolution of the Consortium. (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, and to establish a custodian for the records of the Consortium. (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. 13 IOG (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 laws of the State. (11) To invest its moneys in such investments as directed by the Board in accordance with State law. (12) To provide for the establishment of advisory committees or councils to the Board or other interlocal entities under the auspices of the Board. (13) 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. (15) 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 other committees; to establish the powers, duties and compensation of all employees; and to require and fix the 14 10G amount of all official bonds necessary for the protection of the funds and property of the Consortium. (19) 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 for the Oil Spill Restoration Impact Allocation 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 that Member's share or portion thereof of amounts provided directly to the disproportionately and nondisproportionately impacted Counties pursuant to the RESTORE Act, upon such terms and conditions agreed to by that Member and at the sole expense of that Consortium Member. (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. 15 10G (C) The provisions of Chapter 120, Florida Statutes, shall not apply to the Consortium. (D) The Consortium shall be subject to the provisions of the Florida Sunshine Law under Chapter 286, 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 1 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. (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 218, 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. 16 10G ARTICLE V 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 of Leon County, Florida, and with the Clerk of the Circuit Court of any other County subsequently determined to be the Consortium's principal place of business. 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)(0), 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 -party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. 17 10G 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. 10G, SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM ATTEST: Clerk - bf Bw Commiss�16n App v and Jef f litIN Coun IN4;`test as' to Ghats ' 09ne 'Lure V s to form sufficiency: Klatzkow , FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN Board of County Commissioners as approved on January 8, 2013 Item # Agents G ate g 10G Ann P. Jennejohn From: NeetVirginia <VirginiaNeet @colIiergov.net> Sent: Wednesday, March 06, 2013 3:55 PM To: Blalock, Sarah Cc: Ann P. Jennejohn Subject: RE: RESTORE Interlocal Agreement Sarah I have relayed your direction to the Clerk. Thank you. Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 Under Florida Law, e rnaii addresses are PU; Iic records. If you do nor want your e -nail address re leased in response to a iaubk records request: do not sand e4er;trmc r fait to this entity. Instead, contau this office by telephone of in a 6fing. From: Blalock, Sarah [ mailto :sblalockCaangn- tally.com] Sent: Wednesday, March 06, 2013 3:17 PM To: NeetVirginia Cc: Bleakley, Sarah Subject: RE: RESTORE Interlocal Agreement Dinny, Thank you for the signed copy of the Interlocal Agreement. if I understand your comments below, if the Clerk has not already filed the certified copy of the Interlocal Agreement in the Public Records of Leon County. Please ask her to forward the certified copy to me at the Tallahassee address below and this firm as Interim General Counsel will ensure that the Interlocal Agreement is recorded in Leon County. Again, thank you. Sarah Blalock Legal Assistant Nabors Giblin& Nabors, Giblin & Nickerson, P.A. 1500 Mahan Drive, Suite 200 Tallahassee, Florida 32308 (850) 224 -4070 / telephone (850) 224 -4073 / facsimile From: NeetVirginia [mailto:VirginiaNeet( colliergov.net] Sent: Wednesday, March 06, 2013 3:06 PM To: Blalock, Sarah Subject: RESTORE Interlocal Agreement Sarah 10G See attached per yesterday's telephone discussion. I have confirmed with our Clerk to the Board that a certified copy of the Interlocal Agreement will be filed with the Leon County Clerk as required in Section 5.02. Please feel free to contact me if you need anything further. Dinny Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 l;rider Ronda i..a�:, e-rri.ail addresses are DL AC records, if you do not want yrwz e -rnM address released in rep p onse to a pubic records regoest, dr; not v e;,TIJ eInctron c mail to thm entity, instead, contact this office by teaPhone or in citing, J0jD} {=3 / } {§ ) }( }\ 4 ?Ia 0 < CD So Rag }\ ®®m0 �20 3 ) 2§ \ k \\ ( \w§CD CD mE / \\ƒ \ \ I ( {� a\ \/\ m $ \[ o (D FD' ƒ CD =3 )) \ \/\ / %0m E] 2/C 0A k2CD . m k ?a E& o \ 5 k (D z3,2 !/ « g,m =&&=`m = )§ \P#) /± g0 \} )\ \} ) ) «nE 0 (D a `ERIE£ �7 >0 L '- ( / \7 ,a '0 {k 63 0 /=±� ®a [(2j- Cl) C) -f %Z 22 20 § - oml'(Dm w , o = }y >y�Cn0 / �� \ /a�(� \\ ) �(D —n � � 3 O \Do 7 (D 2 k o ) {®( e2\ 2/C 0A k2CD . m k ?a E& o \ 5 k (D z3,2 !/ « g,m =&&=`m = )§ \P#) /± g0 \} )\ \} ) ) «nE 0 (D a `ERIE£ �7 >0 L '- ( / \7 ,a '0 {k 63 0 /=±� ®a [(2j- Cl) C) -f %Z 22 20 § - oml'(Dm w , o = }y >y�Cn0 / �� \ /a�(� \\ ) �(D —n � � A m A 3 v 700 0 Z m 0 vo m r m 0 v z m 301. v 8 3 0 O m C m W m w z GI X v O c X M. m v 0 X A m .. w 3 M Z M m 0 c O 3 m Z a X O a °v m 2 m n N =o 3Dr 3�m NWT n Z C: Nm z � ~z ZD rrrrrrrrrrrriiiiii Z ;oZm D Z .Z� O M 003 (A) �SLn rnzw 7�CD� 0H3 j�rn z V 8,!� v �-< OPO -Div ME >Z D M4 maorn D�o moo° 3�0 3D �z v 0 ° O N D O °m N : m —�IcmD 3m Cj D ZDr O o00 m ao O c�i� C I m � rn m � � a `*R 3 o m m /'1�4 2 ma z r v Al M (� m ma z I'll a A a CL IV H C d o � Z O 13 m a rt 10G A m O r v X z Z a a� r m r m 0 In 9 v ul N Z 9 0 a M 8 O O m N C 00 Z a X C X 3 m O M m w M z A In c O 3 m z Z v 0 v v M Z Z m A Z 3DO 3 m m 3rrn m Z .v can W Z ra 0To a m m7°z to a m �z ' D m H Z z _1 .� O (�V �Oo AWw° n � � �D oD3 a o� ° a u v OPO �v;o F to •• Z Z ( A D rn�n m > 9 o Xzo (� 3O 3 � .� D NO CL ° N z0° Pt Mom `c porn (A W m OZM En �mD A g°j D O �D� Xr °p O A W V C C a fQ s n m O O z a 1" m m O R i m v w Z m 10 M 7D O O 9 C m Q 00 m W z In 2 a 70 v O C M 3 O X rn m W H Z S U, 0 X c 0 3 A D z v m 0 v X r Z A 2 N X a = o Dr r Nr- rn �rn0 m0c rn z XPO m�Z Z D �z z m �Zz �O .�r►v Cl mace M 7C D O rn �oz v nv v�0 -Divo Z M�z D9rn D N 7D z O v 3'0 3D Ln z v chv^� D o ° O N >.N °m m A MX mm D 7�. y r Xr vo 0 c T W O C 3 �o 0 S r. f a � 3 m m Z a CJ 3 3 47 � v c � m c t�f r I Vl O� IN 0 i cl� m 2 a ano Iw s !< 3 f C oT s Si O � o 0 � 4 C \J a ma ro iii a U) m N Z A m a u a rt 30G CLERK OF Dwight E. Brock COLLIER COUI� Clerk of Courts 3315 TAMIAMI TRL E STE 102 NAPLES, FLORIDA 34112 -5324 March 7, 2013 Nabors Giblin & Nickerson, P.A Sarah Blalock, Legal Assistant 1500 Mahan Drive Suite 200 Tallahassee, FL 32308 of C,, offier CIRCUIT COURT THOUSE P.O. BOX 413044 NAPLES, FLORIDA 34101 -3044 1UG Clerk of Courts Accountant Auditor Custodian of County Funds Re: Interlocal Agreement relating to the Gulf Consortium and implementation of the Gulf Coast States RESTORE Act Ms. Blalock, Attached, per an email with the Collier County (County) Attorney's Office, is a certified copy of the agreement referenced above, approved by the Collier County Board of County Commissioners at their meeting held on Tuesday, January 8, 2013. As directed in the agreement's Section 5.02, please forward to the Leon County Clerk of the Circuit Court to file for the record. If you have any questions, please feel free to contact me at 239 - 252 -8406. Thank you. Regards, DWIGHT E. BROCK, CLERK Ann Jennej ohn, Deputy Clerk Attachment Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- C011ierClerkgcollierclerk.com Jeffrey A. Klatzkow Collier County Attorney 3299 Tamiami Trail, E, Suite 800 Naples, Florida 34112 -5749 Re: Gulf Consortium Dear Mr. Klatzkow: Enclosed for the County's records, please find a certified copy of the Interlocal Agreement Relating to Establishment of the Gulf Consortium including Collier County as recorded in the Public Records of Leon County on March 29, 2013. We look forward to working with you. Best regards, Sarah M. Bleakley ©? Enclosure cc: Douglas A. Darling (w /enc.) 10 G TALLAHASSEE FORT MYERS Suite 200 lass Mahan Drive Building 83, Suite 2 Tallahassee, Florida Nabors 12731 World Plaza Lane (850) 224 -4070 Tel Tel Fort Myers, Florida 33907 (850) 224 -4073 Fax (239) 288 -4027 Tel Giblin (239) 288 -4057 Fax FORT LAUDERDALE TAMPA 208 S.E. Sixth Street Fort Lauderdale, Florida 33301 Nl cke rs o n P.A. Suite 1060 2502 (954) 525 -8000 Tel Rocky Point Drive (954) 525 -8331 Fax A T T 0 R N E Y S A T 'L A W Tampa, Florida 33607 (813) 281 -2222 Tel (813) 281 -0129 Fax April 2, 2013 Jeffrey A. Klatzkow Collier County Attorney 3299 Tamiami Trail, E, Suite 800 Naples, Florida 34112 -5749 Re: Gulf Consortium Dear Mr. Klatzkow: Enclosed for the County's records, please find a certified copy of the Interlocal Agreement Relating to Establishment of the Gulf Consortium including Collier County as recorded in the Public Records of Leon County on March 29, 2013. We look forward to working with you. Best regards, Sarah M. Bleakley ©? Enclosure cc: Douglas A. Darling (w /enc.) TALLAHASSEE Suite 200 1500 Mahan Drive Tallahassee, Florida 32308 (850) 224 -4070 Tel (850) 224 -4073 Fax FORT LAUDERDALE 208 S.E. Sixth Street Fort Lauderdale, Florida 33301 (954) 525 -8000 Tel (954) 525 -8331 Fax Thomas M. Shuler Franklin County Attorney 40 - 4th Street Apalachicola, Florida 32320 Re: Gulf Consortium Dear Michael: Enclosed for the County's records, please find a certified copy of the Interlocal Agreement Relating to Establishment of the Gulf Consortium including Franklin County as recorded in the Public Records of Leon County on March 29, 2013. We look forward to working with you. Best regards, Sarah M. Bleakley :sb Enclosure cc: Douglas A. Darling (w /enc.) 10G FORT MYERS Building 83, Suite 2 Nabors 12731 World Plaza Lane Fort Myers, Florida 33907 (239) 288 -4027 Tel Giblin (239) 288 -4057 Fax TAMPA n Nickerson Suite P. A. 2502 P Point Rocky Point Drive '11 t] �s iV, f �` °' , 1; Tampa, Florida 33607 (813) 281 -2222 Tel (813) 281 -0129 Fax April 2, 2013 Re: Gulf Consortium Dear Michael: Enclosed for the County's records, please find a certified copy of the Interlocal Agreement Relating to Establishment of the Gulf Consortium including Franklin County as recorded in the Public Records of Leon County on March 29, 2013. We look forward to working with you. Best regards, Sarah M. Bleakley :sb Enclosure cc: Douglas A. Darling (w /enc.) 20130034028 RECORDED IN PUBLIC RECORDS LEON COUNTY FL BK: 4503 PG: 237, 03/29/2013 at 11:43 AM, BOB INZER, CLERK OF COURTS 10G EXECUTION COPY INTERLOCAL AGREEMENT RELATING TO 70120073038 THIS DOCUMENT HAS BEEN ESTABLISHMENT OF THE RECORDED IN THE PUBLIC RECORDS OF GULF CONSORTIUM LEON COUNTY FL SK: 4432 P0:105, Pagel of 42 10119/2012 at 11:07 AM, BOB INZER, CLERK OF COURTS Dated as of September 19, 2012 OR BK 4503 PG 238 10-G M TABLE OF CONTENTS ARTICLE I DEFINITIONS Page SECTION 1.01. DEFINITIONS. 4 ARTICLE II THE CONSORTIUM SECTION 2.01. CREATION. 6 SECTION 2.02. PURPOSES. 6 SECTION 2.03. CONSORTIUM MEMBERS. 7 SECTION 2.04. DURATION OF CONSORTIUM. 7 ARTICLE III MEMBERSHIP AND REPRESENTATION SECTION 3.01. MEMBERSHIP. 8 SECTION 3.02. REPRESENTATION. 8 SECTION 3.03. ACTION. 9 SECTION 3.04. ELECTION OF OFFICERS. 9 SECTION 3.05. AUTHORITY OF OFFICERS. 9 SECTION 3.06. RESIGNATION OR REMOVAL OF DIRECTOR. 10 SECTION 3.07. MEETINGS. 10 SECTION 3.08. WITHDRAWAL OR DISMISSAL OF CONSORTIUM MEMBERS. 11 SECTION 3.09. EXPENSES. 11 SECTION 3.10. LIABILITY. 1 I SECTION 3.11. EXECUTIVE COMMITTEE. 11 SECTION 3.12. PRINCIPAL PLACE OF BUSINESS. 12 0 OR BK 4503 PG 239 10G ARTICLE IV POWERS AND DUTIES SECTION 4.01. POWERS. 13 SECTION 4.02. ANNUAL BUDGET. 16 SECTION 4.03. AD VALOREM TAXATION NOT AUTHORIZED. 16 ARTICLE V MISCELLANEOUS SECTION 5.01. DELEGATION OF DUTY. 17 SECTION 5.02. FILING. 17 SECTION 5.03. IMMUNITY. 17 SECTION 5.04. LIMITED LIABILITY. 18 SECTION 5.05. AMENDMENTS. 18 SECTION 5.06. SEVERABILITY. 18 SECTION 5.07. CONTROLLING LAW. 18 SECTION 5.08. EFFECTIVE DATE. 18 m OR BK 4503 PG 240 10G INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM THIS INTERLOCAL AGREEMENT, dated as of September 19, 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 Member; as provided in Section 3.01 hereof. WITNESSETH: WHEREAS, each of the initial Consortium Members are political subdivisions 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, all Consortium Members are public agencies of the State of Florida, within the meaning of Part I of Chapter 163, Florida Statutes (the "Interlocal Act "); and WHEREAS, the 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 OR BK 4503 PG 241 IOG 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 enhance and benefit the Gulf Coast area. Such funding sources are 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 initial Consortium Members are counties which were impacted by the Deepwater Horizon event 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 OR BK 4503 PG 242 lOG terms of the hereinafter defined Act and this Interlocal Agreement, and is hereby created for the purposes described herein. OR BK 4503 PG 243 10G ARTICLE I DEFINITIONS SECTION 1.01. DEFINITIONS. The following definitions shall govern the interpretation of this Interlocal Agreement: "Act" shall mean, with respect to Consortium Members that are Affected Counties, the "Home Rule" powers and all provisions of general law granting powers and authority to each such Consortium Member, including, but not limited to, Chapter 125, Florida Statutes, the Interlocal Act, and other applicable provisions of law, and to other Consortium Members, all provisions of general law granting powers and authority to such Consortium Member, including the Interlocal Act. "Affected County" shall mean any of the 23 Florida counties with frontage on the Gulf of Mexico. "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. 4 OR BK 4503 PG 244 10G I "Interlocal Agreement" shall mean this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. "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. OR BK 4503 PG 245 10G � 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 or proposals 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 by that Member, in the planning, administration and expenditure of that Member's share or portion thereof provided directly to the disproportionately and nondisproportionately impacted counties pursuant to the RESTORE Act upon such terms and conditions agreed to by that Consortium Member and at the sole expense of that Consortium Member; provided, that nothing contained herein is intended to impact the amount or timing of any such distribution provided directly to the disproportionately and nondisproportionately impacted counties; (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); OR BK 4503 PG 246 10G (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 (6) acting as an advocate for the Consortium Members with executive agencies, the Florida Legislature and the United States government. (B) It is determined 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 determined 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. 7 OR BK 4503 PG 247 10G � 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 those counties approving this Interlocal Agreement prior to October 19, 2012. (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 Agency 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. OR BK 4503 PG 248 10G (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 3.07 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 authorized by the Board and 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 a Secretary- Treasurer to conduct the meetings of the Board 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. Officers may, if elected by the Directors, serve longer than a one (1) year term 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. OR BK 4503 PG 249 1_0 G (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 Chairman. 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. Each Consortium Member may also designate an alternate or designee to serve in a Director's place in the event the Director is unavailable. (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. (D) Any Director who resigns or is removed and 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 10 OR BK 4503 PG 250 10G determines an emergency exists. All meetings shall be noticed in accordance with Florida law. (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 Intcrlocal Agreement. (C) To the extent allowed, meetings may be held by means of media technology in conformity with the lnterlocal Act. SECTION 3.08. WITHDRAWAL OR DISMISSAL OF CONSORTIUM 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 Consortium shall also establish a mechanism for assessing or apportioning Consortium expenses to the Consortium Members. The expenditure of all expenses and approval of travel shall be in conformity with the provisions of Florida law governing 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. 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(A)(2), (3), 11 OR BK 4503 PG 251 10G (4), (6), (7), (11), (13), (15), (16), (17), (23) and (24) hereof, and such other powers as may be designated by the Board. SECTION 3.12 PRINCIPAL PLACE OF BUSINESS. The Consortium's principal place of business, within the meaning of Section 163.01 (11), Florida Statutes, shall initially be Leon County, Florida, subject to modification by action of the Board. 12 OR BK 4503 PG 252 'OG ARTICLE 1V 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, including the power to determine how property will be disposed of upon the dissolution of the Consortium. (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, and to establish a custodian for the records of the Consortium. (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. 13 OR BK 4503 PG 253 IOG (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 laws of the State. (11) To invest its moneys in such investments as directed by the Board in accordance with State law. (12) To provide for the establishment of advisory committees or councils to the Board or other interlocal entities under the auspices of the Board. (13) 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. (15) 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 other committees; to establish the powers, duties and compensation of all employees; and to require and fix the 14 OR BK 4503 PG 254 106 � amount of all official bonds necessary for the protection of the funds and property of the Consortium. (19) 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 for the Oil Spill Restoration Impact Allocation 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. (2 1) To advise, assist and aid Consortium Members, upon their request, in the planning, administration and expenditure of that Member's share or portion thereof of amounts provided directly to the disproportionately and nondisproportionately impacted Counties pursuant to the RESTORE Act, upon such terms and conditions agreed to by that Member and at the sole expense of that Consortium Member. (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. 15 OR BK 4503 PG 255 -BOG (C) The provisions of Chapter 120, Florida Statutes, shall not apply to the Consortium. (D) The Consortium shall be subject to the provisions of the Florida Sunshine Law under Chapter 286, 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 1 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. (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 218, 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. 16 OR BK 4503 PG 256 10 ARTICLE V 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 of Leon County, Florida, and with the Clerk of the Circuit Court of any other County subsequently determined to be the Consortium's principal place of business. 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 -party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. 17 OR BK 4503 PG 257 10G 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 arc satisfied. 18 OR BK 4503 PG 258 10G SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM OR BK 4503 PG 259 SIGNATURE PAGE INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM BOARD OFIGUUNTY COM 16NE ATTEST: Barbara T. Scott, Clerk of Circuit Court and Ex- Officio Clerk of the Board of County Commissioners By:�A ZtaeM �,- I Deputy Clerk A("IZ a- (j 1a -,0s! g,2- h -I-;� By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: � ette S. Knowlton, County Attorney LR 2012 -2086 OR BK 4503 PG 260 . ............. .... 10G SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM COLLIER COUN Y, FLORIDA ATTEST: Bv: GEORGIA A. HILLER, ESQ., CHAIRWOMAN Board of County Commissioners lerk o itcul' o , ex officio as approved on January 8, 2013 Clerk ,o oard of; ounty Commis*' , — r - S, as to choirs o t lignature •w App v s to form and sufficiency: Jeff0 -Ah l Klatzkow Countir flit£brney ��t3t2Oi rtOndB County of COLLIER I HEREBY CERTIFY, 1F,HfCT Q:and c�;rrect copy of @?�e�u�ent on #S�� R:3rd Minutekind Racotds,of .Ca et County Ji P ESS rmX: ay J.Acd seal !l*s day D(V�O HT E. ufill 4 , OLERK OF QOURTS OR BK 4503 PG 261 1�1 G SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM CITRUS COUNTY, FLORIDA ATTEST: sy: Chairman Y'a"Y' Board of County Commissioners C14& of dircuit Court, &�c officio. Clerk of Board of County.;; :. Commissioners OR BK 4503 PG 262 SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM DIXIE COUNTY, FLORIDA ATTEST: o�M.9�� * Ronnie Edmonds, Chairman t All Board of County Commissioners Clerk of Board of County Commissioners 10G OR BK 4503 PG 263 SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM ATTEST: Ernie Lee Magaha Clerk of the Circuit Court ;'XIO,w!co%,,Deputy Clerk { m: BOARD OF COUNTY COMMISSIONERS ESCAMBIA COUNTY, FLORIDA Wilson B. Robertson, Chairman 19 This document approved as to form and le By r---- Title rvw Date lo- ko -oli 10G OR BK 4503 PG 264 10G SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM L F COUNTY, FLORIDA ATTEST: \ By: y ;4 Erman &toard of County Commissioners Clerk of Circuit ou x officio Clerk of Board of County Commissioners OR BK 4503 PG 265 Cllr SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM FRANKLIN COUNTY, FLORIDA ATTEST: By: Chairman Board of County Commissioners Odd Clerk of Circui our, ex officio Clerk of Board of County Commissioners OR BK 4503 PG 266 SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM ex officio Clerk of Board of County Commissioners Reviewed for Legal Form HERNANDO COUNTY, FLORIDA By'- „�-�h Wayne Dukes, Chairman Board of County Commissioners IOG OR BK 4503 PG 267 SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM M HILLSBOROUGH COUNTY, FLORIDA ATTEST:. By: Chairman, g Hawn Board of County Commissioners Clerk of Circuit Court, ! ex officio o Clerk of Board of County Commissioners - Mildred %. Dixon, Deputy Clerk Approval Date: October 3, 2012 APPROVED BY COUNTY ATTORNEY As To Form And Legal Sufficiency BY: Assistant AtEO M HOARD OF COUNTY COMMISSIONERS HILLSBOROUGH COUNTY FLORIDA DOCUMENT NO. l a - (D35 .. 10 OR BK 4503 PG 268 SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM Clerk 6f Circuit Court, ex officio Clerk of Board of County Commissioners d ^� COUNTY, FLORIDA By. Chairman Board of County Commissioners Page 24 of 44 --MG OR BK 4503 PG 269 SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM ATTEST: Clerk of Ci c ' ourt, ex officio Clerk of B and of County Commissioners LEE COUNTY, FLORIDA By: Ch rm Bard f County Commissioners APPROVED TO FORM OFFICE 0 ' O TY ATT RNEY 10G OR BK 4503 PG 270 10G SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM COUNTY, FLORIDA ;1C By: y Ch an Danny Stevens Board of County Commissioners C bi urt, ex officio ;�, Clertb6 of County 'his Approved as to form and legal sufficiency: Anne Bast Brown, County Attorney OR BK 4503 PG 271 10G SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM 0N111 Q' "�, MANATEE COUNTY, FLORIDA Q. SEAL %I- , � sY : Chairman ( macwbed IU/4}1'12) ATTEST: R. B. Shore Clerk of the Circuit Court and Comptroller By: Deputy Clerk OR BK 4503 PG 272 10G SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM MONROE COUNTY, FLORIDA (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: Danny L. Kolhage, CLERK OF MONROE COUNTY, FLORIDA B / J B ` Deputy Cler : k y ayor WNROE COUNTYATTO NE Y APPi TO FOFM: BER SHILLINGEF JR. CHIEF Acp28 4NT COyNiY ATTORNEY Oete: OR BK 4503 PG 273 BOG SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM OKALOOSA COUNTY, FLORIDA ATTEST: Chairman Board of County Commissioners Approved on October 2, 2012 ircuit e� off c Clerk ourt. ex offic ZIA Vlerkr ircuit ourt' C \ .. . .......... of Board of County Commissioners OR BK 4503 PG 274 SIGNATURE PAGE TO 1NTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM CLERK & COMPTROLLER BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA � � - r� � A HILDE ff ND, HAIRMAN APPROVED IN SESSION SEP 252012 PASCOBCOUNTY fuirt OR BK 4503 PG 275 SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM ATTEST: Kerr iBur�ce, 4'lerk of Circuit Court, ex o icio ,QJank,o£,oard of County so. iitfex� r Va. °i PDUUIAS COUNTY, FLORIDA By: �A C airman o r of County Commissioners APPROVED AS TO F0'F.!9 OFFICE OF COUNITY ATTORNEY By dazVZ Attorney 10G OR BK 4503 PG 276 SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM IT a o ATTEST: H LL �9 ipS A O' Clerk of the C uit , ex officio Clerk To the Board of County Commissioners SANTA ROSA COUNTY, FLORIDA iv Ji illiamson, Chairman Board of County Commissioners 3CC Approved 10-11-12- 10G OR BK 4503 PG 277 SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM e-APA'6CFA COUNTY. FLOM$ ATTEST: ?' Z. B Chainnan y ;, l Board of Co n Co' tY nim�s�ion� Cl of Cir e officio Cl of Board o u Commissioners AP R' ' f �A M AND CORRECTNESS CCO`Ul//NTYATTDRN -- 10G OR BK 4503 PG 278 -_lam G SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM ATTEST: TAYLOR COUNTY, FLORIDA Patricia — Chairman n • Lr�'Qn Board of County Commissioners Annie Mae Murphy Clerk of Circuit Court, ex officio Clerk of Board of County Commissioners Approved as to Form r County Attorney OR BK 4503 PG 279 SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM ATTEST: Brent X. Thurmond Clerk of Circuit Court, ex officio Clerk of Board of County Commissioners Ll7arA40. COUNTY, FLORIDA sy: E. Alan Brock, Chairman Board of County Commissioners ion 4 t OR BK 4503 PG 280 10G SIGNATURE PAGE TO INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM ;M% of.grcWt Court, ex 6144 $card of County Commit §loners. t a E COUNTY, FLORIDA STATE OF FLORIDA, COUNTY OF LEON I HEREBY CERTIFY that the above and foregoing is a true and correct copy of an Instmment rd / In the official records of Leon County. Florida, d ids" of ofl this eta. 3 WAVER ER ierk of ('au* C0141t 1 G Rick Scott Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT' ECONOMIC OPPORTUNrTY April 15, 2014 Virginia Saunders Delegal N 42) General Counsel r--- Florida Association of Counties ; :r: 100 South Monroe Street Tallahassee, FL 32301 , -o Re: Gulf Consortium ;;' • Dear Ms. Saunders, vs Ms. Sarah M. Bleakley recently registered the above referenced special district with the Special District Information Program and identified you as its registered agent. In accordance with Section 189.403(3), Florida Statutes, I have classified the special district's status as independent. All special districts must comply with the requirements of Chapter 189, Florida Statutes and Rule Chapter 73C-24, Florida Administrative Code. As part of these requirements, please verify and, if necessary, correct any information on the enclosed Special District Fee Invoice and Update Form, sign and date it, then return it by the due date on the form along with the fee, to the following address: Department of Economic Opportunity Office of Financial Management 107 E. Madison Street, MSC 120 Tallahassee, FL 32399-4124 It is very important that the information on this form be complete and accurate since we must make this information available through the Official List of Special Districts Online so state and local agencies can monitor special districts for compliance purposes and to make government more transparent to citizens. As an option, you may pay the fee with a Visa or MasterCard atFloridaJobs,ora/SDecialDlstrIctFee. Florida Department of Economic Opportunity I Caldwell Building 1 107 E.Madison Street I Tallahassee,FL 32399 866.FLA.2345 1 850.245.7105 1 850.921.3223 Fax www.floridaiobs.ocg I www„twittr1.cQmilipip I www.facebook.com/FLDEO An equal opportunky employer/program.Auxiliary aids and services are available upon request to Individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711. . 10G li Virginia Saunders Delegal April 15,2014 Page 2 of 2 For more information about special districts, the annual special district fee, annual reporting requirements to the Department of Financial Services and the Auditor General, and other requirements, please visit the Florida Special District Handbook Online at FloridaJobs.ora/SoecialDistrIctHandbool(• If you have any questions, please do not hesitate to call me directly at(850)717-8430. • ,, 4 sa .. 0,.. / Jack as ns Jr. , SPECIAL DISTRICT INFORMAT•N PROGRAM Enc.: Special District Fee Invoice and Update Form cc: Clerk of the Board of County Com ssioners(w/o enclosure) in the following 23 counties: Bay, Charlotte, Citrus, oilier, Dixie, Escambia, Franklin, Gulf, Hernando, Hillsborough, Jefferson, Lee, Levy, Manatee, Monroe, Okaloosa, Pasco, Pinellas, Santa Rosa, Sarasota, Taylor,Wakulla,Walton . 1 p G , ./.1 . . ;:.,,. ,.1.2. 0 � m 0 � r 4 tf 0M011 g -at> m Z�Z . s 4 -+ .. O v S C3 W 0 is o 4::. _(_-.),J. : Of c-'. . _..., U`) -...$-... _....e4o . r. o ..; . Ilik