LEGISLATIVE ACTION ITEM
SPONSOR: City Council Member Jared Moore
D.C. Reeves, Mayor
SUBJECT:
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PENSACOLA AND PERDIDO BAYS ESTUARY PROGRAM (PPBEP) FIRST AMENDED AND RESTATED INTERLOCAL AGREEMENT
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RECOMMENDATION:
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That City Council approve the PPBEP First Amended and Restated Interlocal Agreement.
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HEARING REQUIRED: No Hearing Required
SUMMARY:
In 2018, the City entered into an Interlocal Agreement, under Chapter 163, Florida Statutes, with Escambia County, FL; Santa Rosa County, Florida; Okaloosa County, Florida; the City of Gulf Breeze, Florida; the City of Milton, Florida; the Town of Century, Florida; Baldwin County, Alabama; and the City of Orange Beach, Alabama. The purpose of the Agreement was to establish the management structure for the Estuary Program, which replaced the former Bay Area Resource Council (BARC) partnership established in 1987. The Estuary Program established in 2018 is governed by a Policy Board made up of representatives from each of the participating local government entities. Councilman Moore currently serves as the City's representative.
Through the Estuary Program, the participating local governments have been able to work together cooperatively for the protection and management of their shared estuaries to an extent that the entities could not achieve if acting alone. The Program has successfully functioned to implement a Comprehensive Conservation and Management Plan (CCMP) to restore and protect the Pensacola Bay and Perdido Bay systems and is prepared to continue this mission going forward.
The Estuary Program is currently hosted by Escambia County, with the County providing accounting and administrative services. The Estuary Program Policy Board has determined that it would be advantageous to establish a separate, independent legal entity to carry out the purpose of the Program. Thus, at its meeting on April 5, 2023, the Policy Board approved the attached First Amended and Restated Pensacola and Perdido Bay Estuary Program Interlocal Agreement to provide for the creation of a Florida not-for-profit corporation to administer and carry out the purpose of the Estuary Program. The Board also authorized the transmittal of the Amended Interlocal Agreement to all the local government participants, along with a proposed resolution for adoption and appointment of a representative to the new corporation’s board. Following adoption of the First Amended and Restated Interlocal Agreement, the Estuary Program organizational structure will transition into a not-for-profit corporation as an “instrumentality of government”.
PRIOR ACTION:
November 8, 2018 - City Council approved entering into an Interlocal Agreement with PPBEP
May 18, 1987 - City Council entered into the BARC Interlocal Agreement
July 22, 1997 - City Council revised the BARC Interlocal Agreement
August 9, 2005 - City Council revised the BARC Interlocal Agreement
FUNDING:
N/A
FINANCIAL IMPACT:
There is no financial impact to approving the Amended and Restated Interlocal Agreement.
STAFF CONTACT:
Don Kraher, Council Executive
ATTACHMENTS:
1) PPBEP First Amended and Restated Interlocal Agreement
PRESENTATION: No