1998-018 Local Mitigation Strategy Agreement• RESOLUTION N0. 18-98
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 INTER-LOCAL AGREEMENT WITH THE
BOARD OF COUNTY COMMISSIONERS OF PALM BEACH
COUNTY, FLORIDA, ATTACHED AS EXHIBIT "A", WHICH
AGREEMENT PROVIDES THAT THE COUNTY SHALL ASSUME
FULL RESPONSIBILITY FOR THE DEVELOPMENT OF A
SINGLE, UNIFIED LOCAL MITIGATION STRATEGY,
INCLUDING THOSE PORTIONS APPLICABLE TO THE
VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Community Affairs has entered
into an agreement with Palm Beach County to develop a single, unified local
mitigation strategy to pre-identify and prioritize hazard mitigation projects to
become part of a statewide Hazard Mitigation Strategy: and
WHEREAS, the development of a single, unified local mitigation strategy
provides for and allows participation of local municipal governments within Palm
Beach County; and
WHEREAS, the Village agrees that the County should assume full
responsibility for the development of a single, unified local mitigation strategy,
including those portions applicable to the Village.
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 Inter-Local Agreement with the Board of County
Commissioners, Palm Beach County, Florida, attached as Exhibit "A", which
• agreement provides that the County shall assume full responsibility for the
development of a single, unified local mitigation strategy including those portions
applicable to the Village.
•
Section 2. The Mayor and Village Clerk are hereby authorized and
directed to execute the Inter-Local Agreement with the Board of County
Commissioners, 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 23rd DAY OF APRIL 1998.
(Village Seal)
ATT ST:
Village Clerk
•
INTER-LOCAL AGREEMENT BETWEEN
• THE BOARD OF COUNTY COMMISSIONERS,
PALM BEACH COUNTY, FLORIDA, AND
AS PARTNERS IN THE DEVELOPMENT
OF THE LOCAL MITIGATION STRATEGY
THIS INTER-LOCAL AGREEMENT is entered into this day of
1998 by and between the Boazd of County Commissioners, Palm Beach County, Florida (herein
referred to as "COUNTY"), and North Palm Beach (herein referred to as "CITY"), each one
constituting a public agency as defined in Part I of Chapter 163, Florida Statutes.
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 an 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
sepazately; and
WHEREAS: the State of Florida Department of Community Affairs (the "Department") has
entered into an agreement with Palm Beach County to develop a single, unified local mitigation
strategy to pre-identify and prioritize hazard mitigation projects to become part of a Statewide
Hazard Mitigation Strategy; and
WHEREAS: the development of a single, unified local mitigation strategy requires the
participation of local municipal governments within Palm Beach County; and
WHEREAS: the CITY and COUNTY agree that the COUNTY should assume full
responsibility for the development of a single, unified local mitigation strategy, including those
portions applicable to the CITY.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations
herein, the parties hereto agree as follows:
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SECTION 1. PURPOSE
• A. The purpose of this Agreement is to develop a single, unified county-wide Local Mitigation
Strategy (LMS) in partnership between the COUNTY, CITIES, and the State of Florida,
Department of Community Affairs. Participation of the CITY is voluntary, and the CITY has
agreed to participate, but desires the COUNTY to conduct the efforts applicable to the CITY
which aze required to develop a unified mitigation strategy.
B. The COUNTY and CITY agree to act in a spirit of mutual cooperation and good faith in the
implementation of the Agreement and its Purpose.
SECTION 2. GENERAL TERMS AND CONDITIONS
A. This Agreement shall begin upon execution by both parties and shall end August 31, 1999,
unless terminated eazlier in accordance with Section 6 of this Agreement.
B. The CITY shall assist the COUNTY to perform its obligations by providing information and
support in accordance with the Scope of Work, Attachment A of this Agreement, to the
satisfaction of the COUNTY.
C. Both the COUNTY and the CITY agree to be governed by the contractual services agreement
between the COUNTY and the State of Florida, Department of Community Affairs, copies of
which are in possession of each party. In addition, the COUNTY and the CITY agree to be
govemed by applicable State and Federal laws, rules and regulations.
D. 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.
E. The COUNTY and the CITY agree to resolve any conflicts that may arise from the
development of the Local Mitigation Strategy by using the process included in the
Intergovernmental Coordination Element of the respective Comprehensive Growth Management
Plan, or other alternative as approved by the Local Mitigation Strategy Working Group.
SECTION 3. RECORD KEEPING
A. All records required of the CITY and COUNTY shall be sufficient and complete to verify
compliance with the requirements of this Agreement and the COUNTY'S agreement with the
Department.
B. The CITY shall allow access to its records during normal business hours and upon reasonable
advanced request of the COUNTY, its employees and agents.
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SECTION 4. REPORTS
1, A. The COUNTY will develop the reports required by its agreement with the Department and
will include those portions applicable to the CITY.
B. The CITY will provide information, review, and coordination as identified in Attachment A,
Scope of Work.
SECTION 5. DEFAULT, REMEDIES, TERMINATION
A. If the State of Florida, Department of Community Affairs determines that funds are not
available to continue to fund the Agreement between the COUNTY and the Department of
Community Affairs, all obligations on the part of the COUNTY and CITY shall terminate.
B. This Agreement may be terminated with or without cause by either the CITY or the COUNTY
with thirty (30) days notice to other patty.
SECTION 6. 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
3723 Belvedere Rd.
West Palm Beach, Fl. 33406
For the CITY:
SECTION 7. FUNDING/CONSIDERATION
As consideration for the COUNTY performing work on behalf of the CITY, the CITY waives its
right to receive payment from the Department and hereby assigns its portion of the grant to the
COUNTY, which is $ 15,000. The COUNTY agrees to allocate residual grant funds, if any, of
the CITY'S portion of the Department's grant after costs to the COUNTY'S consultant have
been deducted back to the CITY.
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SECTION 8. ENTIRETY OF AGREEMENT
• The parties agree that this Agreement set forth the entire agreement between the parties, and
there aze no promises or understandings other than those stated herein.
SECTION 9. INVALIDITY OF CLAUSES
The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof
of the Agreement shall have no effect upon the validity of any other part or portion hereof.
SECTION 10. VENUE
To the extent allowed by law, the venue for any action arising from this Agreement shall be in
Palm Beach County, Florida.
SECTION 11. 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 borne by the respective parties, however,
this clause pertains only to the parties to this Agreement.
SECTION 12. 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 or the CITY.
SECTION 13. 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 the Agreement.
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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth
above.
ATTEST:
Print Name:_ Kathleen F. Kell v
Tide: VillanP C1 rk
ATTEST:
DOROTHY H. WILKEN
By:
Deputy Clerk
CITY:
Print Name: DaviB B. Norris
Title: Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
County Administrator
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Assistant County Attorney
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SCOPE OF WORK
• CITY/COUNTY PARTNERSHIP
LOCAL MITIGATION STRATEGY
The following lists the requirements for North Palm Beach, as a partner with the County in the
development of a single, unified "Local Mitigation Strategy" for Palm Beach County.
Municipalities choosing to have the County assume full responsibility to conduct the "local
mitigation strategy" program shall perform the following:
1. Designate the County as its representative to the "Local Mitigation Strategy" Working Group
or designate a Municipal representative to the Working Group. The municipality may designate
other representatives to participate in technical committees or task forces.
2. Cooperate with the County by allowing the County's representative access to, and replication
of, all information required as identified below:
A. Listing of municipal agencies and the mitigation function each provides;
including a narrative of how the agencies help reduce losses from hazards.
B. Listing of existing municipal policies, ordinances, and programs that affect
mitigation.
C. Listing of municipal facilities, public buildings, and hazardous material sites.
D. Repetitive loss data for all structures within the Municipality.
E. Historical flood data within the municipality.
F. Listing of potential program, project, and policy initiatives within the
municipality that have the potential to reduce losses of life and property from
natural disaster events.
3. Assist the County's representative by:
A. Reviewing for accuracy and completeness, all lists, reports, and
recommendations regarding the Municipality.
B. Prioritizing and ranking of all mitigation initiatives identified by the County's
representative for the Municipality.
C. Submit the final "Local Mitigation Strategy" document to the Municipal
governing body for formal adoption.
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•
Attachment B
Federal Lobbying Prohibitions
The Contractor certifies, by its signature to this Agreement, that to the best of his or her I:nowledge and
belief:
(e) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, any
person for influencing or attempting to influence an officer or employee of any agency, a Member oC
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
~s•ith the ate arding of any Federal contract, the making of any Federal the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan or cooperative agreement.
(~ If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member oCCongress in connection with this Federal
contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Fortn-
LLL, "Disclosure Form to Report Lobbying;' in accordance with its instructions.
(g) The undersigned shall require that the language of this certification be included in the award documents for
all sub-awards at all tiers (including subconhacts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification
shalt be subject to a civil penalty of not loss than SI0,000 and not more than S 100,000 for each such failure.
Contractor
Name and Title
u
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