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Home My WebLink About2000-007 Agreement for Countywide Local Mitigation Plan• RESOLUTION 07-2000 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 ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF DEVELOPING A COUNTYWIDE UNIFIED LOCAL MITIGATION STRATEGY FOR DISTRIBUTION OF STATE AND LOCAL FUNDS FOR FUTURE DISASTER DAMAGE; 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, attached as Exhibit "A", which agreement is for the purpose of developing a countywide unified local mitigation strategy for distribution of state and local funds for future disaster damage. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Interlocal Agreement with the Board of County Commissioners of Palm Beach County set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach, Florida. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 27th DAY OF JANUARY, 2000. (Village Seal) ATTEST: VILLAG CLERK INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND • t TUF vll1ARE OF NORTH PALM REACH, FLORIDA if II THIS INTERLOCAL AGREEMENT is entered into this day of A ° = by and between the Board of County Commissioners, Palm Beach County, Florida (herein referred to as "COUNTY"), and the village of North Palm Reach (herein referred to as "CITY"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH: WHEREAS, Section 163.01 of the Florida Statutes, known as the 'Florida Interlocal Cooperation Act of 1969," authorizes 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 thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise'separately; and WHEREAS, in July of 1998, the State Department of Community Affairs provided funding and entered into an agreement with Palm Beach County to develop a countywide unified Local Mitigation Strategy that will become part of a Statewide Hazard Mitigation Strategy; and WHEREAS, the development of the countywide unified Local Mitigation Strategy required the participation of all the local municipal govemments within Palm Beach County; and WHEREAS, the (Town, City, Village, etc.) entered into an interlocal agreement with Palm Beach County to develop a countywide unified Local Mitigation Strategy, and assigned a voting representative to the Local Mitigation Strategy Steering Committee, which is an advisory committee to the Board of County Commissioners; and WHEREAS, with the completion of the LMS planning process, each local government will be in the possession of a strategy which will guide the priorities of rebuilding the community after disasters; and 1 e: R.k. 4A011_r➢faS&"p/ WHEREAS, communities that implement disaster resistant planning techniques such as a Local Mitigation Strategy will receive more funding faster after a disaster than those that have not undertaken a Local Mitigation Strategy project. Furthermore, these communities will be given a priority over those that have not implemented a mitigation strategy when various mitigation funding sources are made available; and WHEREAS, the Local Mitigation Strategy Steering Committee has developed a countywide Local Mitigation Strategy that includes a description of countywide hazards and vulnerabilities, a definition of critical facilities, a database detailing specific latitudinal and longitudinal locations of those facilities, a method for conflict resolution between participants, a list of pre -identified and prioritized mitigation programs, projects and initiatives, and a methodology to revise the prioritized list of mitigation programs, projects and initiatives; and WHEREAS, as required by the State of Florida Department of Community Affairs, the Local Mitigation Strategy, including the specifics mentioned above, must be adopted by Palm Beach County and by each local municipal govemment within the County. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties hereto agree as follows: SECTION 1. PURPOSE To develop a strategy which will systematically guide the priorities of rebuilding after a disaster including a method for conflict resolution between participants, a list of pre - identified and prioritized mitigation programs, projects and initiatives, and a methodology to revise the prioritized list of mitigation programs, projects and initiatives. SECTION 2. GENERAL TERMS AND CONDITIONS • A. Both the COUNTY and the CITY agree to be govemed by this Agreement, as well as applicable State and Federal laws, rules and regulations. B. Modification of this Agreement may be requested by either party. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each party and attached to the original Agreement. C. There is hereby created a committee to be known as the "Local Mitigation Strategy Evaluation Panel' responsible for developing the draft list of prioritized Local Mitigation Strategy projects. The Local Mitigation Strategy Evaluation Panel shall be governed by the Palm Beach County Local Mitigation Strategy as approved by the 2 e: w.a,.LAGi I_ rv/.mist.od Steering Committee on September 30, 1999, attached hereto as Exhibit A and incorporated herein by reference. D. The parties agree to be governed by the Instructions for Evaluating Hazard Mitigation Projects described by the Local Mitigation Strategy. E. The parties agree to be govemed by the Project Prioritization Methodology as described by the Local Mitigation Strategy. F. The COUNTY and the CITY agree to resolve any conflicts that may arise from the development of the Local Mitigation Strategy by using the Local Mitigation Strategy Conflict Resolution Procedure attached as described by the Local Mitigation Strategy. G. Future prioritized project lists developed in accordance with the Local Mitigation Strategy Project Prioritization Methodology shall be submitted to the COUNTY for approval at least once per year. In the event that a prioritized list is not approved by the COUNTY, the last approved prioritized list shall be deemed the governing list. H. Future revisions of the Local Mitigation Strategy shall be submitted to the COUNTY by resolution for formal adoption. SECTION 3. LIABILITY A. The CITY as a Florida municipality agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortious acts which result in claims or suits against the COUNTY and agrees to be liable to the limits set forth in Section 768.28, Florida Statutes, for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CITY to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. B. The COUNTY, as political subdivision of the State, agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, shall be fully responsible for its own negligent acts or omissions or tortious acts which result in claims or suits against the CITY, and shall be liable to the limits set forth In Section 768.28, F.S. for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the COUNTY to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of any contract. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. 3 xvm..vhmii_nlawr+ SECTION 4. TERMINATION • This Agreement may be terminated without cause by either party to this Agreement upon one hundred eighty (180) days written notice to the other party. Termination will not affect the opportunity to place projects on prioritized project lists. SECTION 5. NOTICE AND CONTACT A. All notices provided under or pursuant to the Agreement shall be in writing, delivered either by hand or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth below. For the COUNTY: William O'Brien, III, Director Division of Emergency Management 20 South Military Trail West Palm Beach, Florida 33415 For the CITY: Tom Hogarth Puhlir SerV1QPS Dir?ctpr Village of North Palm Beach 645 Prosperity Farms Road North Palm Reach FI 1140R Alternate for the CITY: Dennis Kelly Village Manager Villaae of North Palm Beach 4fl1 II c Nibuy nna Nnrth Palm Reach FL 33408 SECTION 6. ENTIRETY OF AGREEMENT The parties agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. SECTION 7. INVALIDITY OF CLAUSES The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof of this Agreement shall have no effect upon the validity of any other part or portion hereof. SECTION 6. VENUE To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 4 NWthweladUCMMAmigid SECTION 9. ATTORNEY'S FEES Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be bome by the respective parties, however, this clause pertains only to the parties to this Agreement SECTION 10. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the officers of the COUNTY and CITY. SECTION 11. EQUAL OPPORTUNITY PROVISION The COUNTY and the CITY agree that no person shall, on the grounds of race, color, sex, 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. !N WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. Print Name: , T;itle:=.WW.,01, (2 °C ATTEST: 0 DOROTHY H. ILKEN By: Duty Clerk R2000 125'8 SEP t 2 2000 CAMyFiles\MS\FlJUNTERLOCALwpt! CITY: Prin Name: e4-Jeen' ✓SSS y Title: M,9iyatc, APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: /% _ PAAM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: -9--Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY By. Assistant Count ttomey g STATE OF FLORIDA, COUNTY OF PALM BEACH 1, DOROTHy H. WILKEN, ex-officio Clerk of the Board of County Commissioners certify this to be a true ardcorectc y of the original filed in my office DATED at West Palm Beach, FL on Po• • Z,4rp DOR THY H. WILKEN, C erk By. . � D.C. _ �'VNT Y .0 tlir 0. COUNfrlVy 0 dry•., 'LORIDA :_ ' r