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HomeMy WebLinkAbout1996-063 Interlocal Agrmt with PBC for Forester• • • RESOLUTION NO. 63-96 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, ATTACHED AS EXHIBIT "A", FOR THE PURPOSE OF CREATING A PARTNERSHIP BETWEEN THE COUNTY AND THE VILLAGE OF NORTH PALM BEACH OVERSEEING THE FORESTRY NEEDS OF THE COUNTY AND THE VILLAGE AND FOR THE PURPOSE OF THE VILLAGE OBTAINING CONSULTATION SERVICES FROM THE COUNTY FORESTER; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village council of the Village of North Palm Beach, Florida, does hereby approve the Interlocal Agreement with the Board of' County Commissioners of' Palm Beach County, Florida, attached as Exhibit "A", which agreement is for the purpose of creating a partnership between the County and the Village of North Palm Beach overseeing the forestry needs of the County and the Village and for the purpose of the Village obtaining consultation services from the County Forester. Section 2. The Mayor and the Village Clerk are hereby authorized and directed to execute the agreement with Board of County Commissioners of Palm Beach County, Florida, set forth In Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. • PASSED AND ADOPTED THIS loth DAY OF OCTOBFR (Village Seal) V LLAGE CLERK • • MAYOR , 1996. INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF NORTH PALM BEACH THIS INTERLOCAL AGREEMENT, is made and entered into on this day of , 1996, by and between Palm Beach County, a political subdivision of the State of Florida, ("County"), and the Village of North Palm Beach, a Florida municipal corporation, ("Municipality"). WITNESSETH: WHEREAS, the County and Municipality are authorized to enter into this Agreement pursuant to Section 163.01, Florida Statutes, as amended, which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, pursuant to Chapter 125.01 Florida Statutes, the County is empowered to establish and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance by one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, in many areas, the County Forester is the only public representation to provide local assistance with tree care training for public workers, disease and insect diagnosis of shade trees, environmental planning, environmental education, hazardous tree identification, tree inventories, and tree protection ordinance development; and WHEREAS, cooperative efforts between the County and the Municipality will allow both entities to work closely in a mutually -beneficial arrangement to prevent environmental deterioration of our urban areas by promoting proper tree planting, tree care and maintenance, and the preservation of natural areas of greenspace in and around our county and municipalities; and 1 WHEREAS, the County and Municipality wish to form a partnership that would create a program that would oversee the forestry needs of the County and Municipality. NOW, THEREFORE in consideration of the mutual covenants set forth hereinafter the County and Municipality agree as follows: 1. purpose of the Igterlocal Agreement. The purpose of this interlocal Agreement is to create a formal partnership between the County and Municipality for the purpose of overseeing the forestry needs of the County and Municipality. 2. Representatives. The County and Municipality will assign a representative to monitor this Agreement and will exchange this information within thirty (30) days of execution of this Agreement. 3. Term, The term of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue for five (5) years unless written notice is given by either party to the other at least thirty days prior to October 1st of any year of the intention to discontinue the work provided for herein and to cancel this Agreement. 4. Responsibilities of the County, The County shall: a. Conduct, on behalf and at the request of the Municipality consultation and coordination services in the following areas: forestry development, technical forestry assistance, and forestry information and education as outlined in attachment "A"; b. Supply a staff member to carry out the provisions of this Agreement; and c. No later than October 30 of each year, the County will furnish to the Municipality an annual report of the program. 2 5. Responsibility of the Municipality. The Municipality shall: a. Pay to the County $ 1,000 for the services rendered from October 1, 1996 through September 30, 1997. Any financial support following this period shall be determined by discussion between the parties to this Agreement by July 1, 1997 for services rendered from October 1, 1997 through September 30, 1998. For each subsequent year of service, financial support shall be determined by the parties by August 1, of the preceding year. b. c. Supply to the County Forester a list of vegetation needed for tree planting projects (e.g., street or park plantings) Contact the County Forester as other needs arise. Annual Appropriation. Each party's obligation is subject to an annual budgetary appropriation by its respective governing body for subsequent fiscal years. 7. Notices, All notices required under this Agreement shall be forwarded, in writing to: Board of County Commissioners of Palm Beach County Governmental Complex 301 N. Olive Avenue West Palm Beach, FL 33401 and Palm Beach County Department of Environmental Resources Mgmt. 3323 Belvedere Road, BLDG. 502 West Palm Beach, FL 33406 Village of North Palm Beach 501 U.S. Highway 1 North Palm Beach, Fl. 33408 with a copy to: Palm Beach County Attorney's Office P.O. Box 1989 West Palm Beach, FL 33401 8. Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 3 9. Iademnificatkn. To the extent permitted by law, each party agrees to indemnify and hold the other harmless from any liability arising from the negligence of its respective agents and employees in connection with the performance of this Agreement. For the purpose of liability, the County and Municipality are covered by the provisions of section 768.28, Florida Statutes, as may be amended, and this Agreement shall not be deemed a waiver of sovereign immunity by either party. 10. Waiver of Breach. No waiver of breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 11. Amendment. This Agreement may be amended only by a written document signed by both parties. 12. Equal Opportunity Provision. The County and the Municipality agree that no person shall, on the grounds of race, color, gender, national origin, disability, religion, ancestry, marital status, or sexual orientation, be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 13. $everability. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 14. Delegation of Duty. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of county or municipality officers. 15. Enforcement Costs. Any costs or expenses (including reasonable attomey's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties, provided, however, that this paragraph pertains only to the parties to this Agreement. 4 16. Entirety of Agreement. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, whether verbal or written, relating to this Agreement. IN WITNESS WHEREOF, the County of Palm Beach, Florida has caused this Agreement to be signed by the Chairman of the Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the Village of North Palm Beach has caused the Agreement to be signed in its name by the Village Manager and its seal to be affixed hereto, attested by its Clerk has caused this Agreement to be signed in its name, date and year first above written. ATTEST: By: (SEAL) Clerk (SEAL) PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk Chair at-274y: VILLAGE OF NORTH PALM BEACH APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mayor County Attorney Village Attorney 5