Resolution 246-2012 RESOLUTION NO. 246 - 2012
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, APPROVING THE FORM OF THE INTERLOCAL AGREEMENT
THAT ADMITS MONROE COUNTY AS A MEMBER OF THE GULF CONSORTIUM;
AUTHORIZING THE GULF CONSORTIUM TO ACT ON BEHALF OF MONROE
COUNTY IN THE IMPLEMENTATION OF THE RESTORE ACT IN ACCORDANCE
WITH THE INTERLOCAL AGREEMENT; AUTHORIZING EXECUTION OF THE
INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United States Congress passed the "Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012," known as the
RESTORE Act, to establish a trust fund for deposits of 80% of administrative and civil penalties exacted
from parties responsible for the Deepwater Horizon oil spill for distribution of the funds among the
affected states; and
WHEREAS, the RESTORE Act requires a plan for funding expenditures within the State of Florida
to be developed by a "consortia of local political subdivisions;" and
WHEREAS, it has been established that there are 8 disproportionately and 15 non -
disproportionately affected counties in Florida, with Monroe as one of the 15 non - disproportionately
affected counties; and
WHEREAS, it is proposed by representatives of the 23 counties with leadership and assistance
from the Florida Association of Counties that an interlocal agreement (ILA) establish the statutorily
required consortium and set the main operating parameters of the consortium, allowing administrative
and operating details to be determined by the consortium once established; and
WHEREAS, it is anticipated that any of the 23 counties choosing not to be a member of the
consortium will be treated in an advisory capacity only in the development of a state -wide plan; and
WHEREAS, there is a funding formula which allocates some funding for the non-
disproportionately affected 15 counties based on established factors such as population and sales tax
collections, and thirty percent of the funding being subject to the consortium's competitive rules and
evaluations of the proposed projects; and
WHEREAS, it is deemed to be in the best interests of the residents, taxpayers, and all local
governments that Monroe County be a voting member of the consortium in the development of the
competitive guidelines and the evaluations; now therefore,
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BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida, that:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the
provisions of Section 125.01 and Part I of Chapter 163, Florida Statutes.
SECTION 2. FINDINGS: Monroe County, Florida (the "County ") does hereby find and
determine that:
(A) Monroe County is a county with frontage on the Gulf of Mexico entitled to membership
in the Gulf Consortium, a joint public entity created by interlocal agreement among any or
all of the counties along the Gulf Coast of Florida.
(B) Monroe County desires to become a member of the Gulf Consortium.
(C) In order to properly document the admission of Monroe County to membership in the
Gulf Consortium, it is necessary and desirable for Monroe County to authorize, execute,
and deliver the Interlocal Agreement Relating to Establishment of the Gulf Consortium
(the "Interlocal Agreement "), the form of which is attached hereto as Exhibit A.
(D) To maximize the use of Monroe County resources and staff, it is in the best interest of
Monroe County to authorize the Gulf Consortium to act on its behalf in implementing
the RESTORE Act in accordance with the Interlocal Agreement.
SECTION 3. THE APPROVAL OF THE INTERLOCAL AGREEMENT RELATING TO THE RESTORE ACT.
The form, terms and provisions of the Interlocal Agreement, submitted to this meeting, attached hereto as
Exhibit A. is intended to set the terms and conditions for the Gulf Consortium to act on behalf of Monroe County
in the implementation of the RESTORE Act upon Monroe County becoming a Member of the Gulf Consortium.
The form, terms and provisions of the Interlocal Agreement are hereby approved and the Mayor of the Board of
County Commissioners of Monroe County and the Clerk of Monroe County are hereby authorized to execute
and deliver said Interlocal Agreement in its name on behalf of Monroe County.
SECTION 4. FILING OF INTERLOCAL AGREEMENT. The Clerk of Monroe County is hereby directed to
file the Interlocal Agreement with the Clerk of the Circuit Court in Leon County, Florida as required pursuant to
Section 163.01(11), Florida Statutes.
SECTION 5. GENERAL AUTHORITY. The members of the Board of County Commissioners of Monroe
County, Florida and the officers, attorneys and other agents or employees of Monroe County are hereby
authorized to do all acts and things required of them by this Resolution and the Interlocal Agreement, or
desirable or consistent with the requirements hereof or thereof for the full, punctual and complete performance
of all the terms, covenants and agreements contained herein or in the Interlocal Agreement, and each member,
employee, attorney and officer of Monroe County and the Monroe County Clerk is hereby authorized and
directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all
acts and things necessary or proper for carrying out the transactions contemplated hereunder and under the
Interlocal Agreement.
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SECTION 6. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants,
agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to
the policy of express law, though not expressly prohibited or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be
deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the
validity of any of the other provisions hereof or of the Interlocal Agreement.
SECTION 7. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting on said Board on the 2lstday of September , A.D., 2012.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
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(SEAL) BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ATTEST: Danny L. Kolhage, CLERK
/°
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B l * By:
Deputy Clerk M r
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_ _
MONROE C• NT TTOR
APPR • T F M:
• BE B. SHI INGER, JR.
CHIEF ASSISTp CO' IJAU ATTORNEY
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EXECUTION COPY
INTERLOCAL AGREEMENT RELATING TO
ESTABLISHMENT OF THE
GULF CONSORTIUM
Dated as of September 19, 2012
EXHIBIT
A
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
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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
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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
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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
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terms of the hereinafter defined Act and this Interlocal Agreement, and is hereby
created for the purposes described herein.
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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.
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"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.
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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);
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(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.
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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.
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(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.
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(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
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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),
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(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.
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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 gift, devise or otherwise, and to
q uire � Y p urchase � gi
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.
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(9) To apply for and accept grants, loans and subsidies from any
governmental entity for the funding of projects, improvements or mitigation, and to
comply with all requirements and conditions imposed in connection therewith.
(10) To the extent allowed by law and to the extent required to
effectuate the purposes hereof, to exercise all privileges, immunities and
exemptions accorded municipalities and counties of the State under the provisions
of the constitution and 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
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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.
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(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
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 overnin sovereign
g gn
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
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.
{
18
.r . ►^
SIGNATURE PAGE TO
INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT
OF THE GULF CONSORTIUM
MONROE COUNTY, FLORIDA
•
(SEAL) BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ATTEST: Danny L. Kolhage, CLERK
/
BY: g, By:
Deputy Clerk yor
MONROE COUNTY TO"NEY
APPRO " TO FO M:
- i B ER SHILLING ATTORNEY R, .
CHIE p IS�A NT COy
Date:
ate:
t
i
,,:.. '..--'.— DOARD OF COUNTY COMMISSIONERS
__1 , • ,_- Mayor David Rice, District 4
�� 1:,1 Mayor Pro Tem Kim Wigington, District 1
dU NTY o�M 0 N ROE ' Heather Carruthers, David
i District 4 3
KEY WEST FLORIDA 33040 �' �i . {•-•---. George Neugent, District 2
(3os) 294-4641 � ' `! T , '4111-- Sylvia Murphy, District 5
Office ef the eauntg atta',ate!` • + ••'4 y • s
111112u Street, Suite #408
goat Of five 31=;1026 '
[Hey Wet, le 33041 -1026 ': ." . 1
(305) 292 -3470
fr' k
October 1, 2012 -
Ms. Sarah Bleakley for: Certified #7011 3500 0001 6254 4887
Mark Mustian. Esq.
Nabors, Giblin & Nickerson, P.A.
1500 Mahan Drive, Suite 200
Tallahassee, FL 32308
Re: Resolution No. 246 -2012 approving Exhibit A. Interlocal Agreement
Monroe County, Florida (Gulf Consortium — RESTORE Act)
Dear Ms. Bleakley:
Per Mr. Mustian's email today, enclosed please fmd two (2) certified copies of Monroe County's
Resolution No. 246 -2012 approving Exhibit A. Interlocal Agreement as approved by the Board of
County Commissioners of Monroe County, Florida on September 12, 2012 for filing with the Clerk of
the Circuit Court in Leon County, FL on behalf of Monroe County, FL pursuant to Section 4. of the
resolution. The additional certified copy is for your records /distribution as needed. Thank you so much
for your assistance in this matter.
Sincerely,
G GG` - '
Kathy P / s for.
ROBERT B. SHILLINGER, JR.
Chief Assistant County Attorney
RBSJrkmp:
Enclosure: Two (2) certified copies of Resolution No. 246 -2012
approving Exhibit A. Interlocal Agreement, Monroe County, FL
cc: Danny L. Kolhage, Clerk of the Court, Monroe County, FL Re: BOCC 9/21/12 — Item P -7
Virgina Saunders Delegal, General Counsel, FAC w/ Enclosure: Certified copy of
Resolution No. 246 -2012 approving Interlocal Agreement, Monroe County, FL