HomeMy WebLinkAboutDocumentation_Regular_Tab 11-C_5/14/1998 e_.
Memorandum
To: Thomas G. Bradford, Village •-
From: James M. Weinand, Fire Ch --
Date: May 8, 1998
Subject: Interlocal Agreement Be -en the Village of Tequesta and Palm Beach
County for the Development of a Local Mitigation Strategy
Attached hereto is a'Resolution for consideration by the Village Council, along with an
Interlocal Agreement between the Village of Tequesta and Palm Beach County (Exhibit
A) for development of a unified Local Mitigation Strategy Plan.
The State of Florida Department of Community Affairs has given all agencies in the
State of Florida a grant to develop a Local Mitigation Strategy Plan to eliminate the
repetitive losses in the event of a natural disaster. Tequesta's share of this grant is
$15,000 and will be distributed as in the spreadsheet attached marked Exhibit B.
This unified approach with Palm Beach County and almost all the cities within Palm
Beach County has made it feasible to hire a consultant to put this unified Local
Mitigation Strategy Plan together without straining our local resources. At the
conclusion of this Agreement, the Village of Tequesta should receive approximately
$5,650 to offset the costs associated with putting this data together for the Plan.
The important aspect of developing this Local Mitigation Strategy is that the FEMA
funding for any future losses that may occur will be paid at a 90% to 10% rate, where
the Federal government will pay 90% of the loss, and the Village of Tequesta will pay
10%. The current rate through FEMA is 75%/25%, and without this Local Mitigation
Strategy Plan, future funding would be at 50%/50%.
This Local Mitigation Strategy Agreement has been submitted to Skip Randolph, and
his approval is attached. The only modification to the agreement is the reference to
"Village" rather than "City".
If possible, would you please forward this to the May 14, 1998, Village Council Meeting
for consideration. If you have any further questions or concerns with this Agreement,
Resolution or attachments, please do not hesitate to ask.
JMW/cm
M:\Administration Documents\Bradford\050898
ti
RESOLUTION NO. 2: .=. 7/98
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
BETWEEN THE BOARD OF COUNTY COMMISSIONERS,
PALM BEACH COUNTY, FLORIDA, AND THE VILLAGE
OF TEQUESTA, AS PARTNERS IN THE DEVELOPMENT
OF THE LOCAL MITIGATION STRATEGY AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE
THE SAME ON BEHALF OF THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Sagtion 1. The Interloca1 Agreement between Palm Beach
County, Florida, and the Village of Tequesta, as Partners in
the Development of. the Local Mitigation Strategy, Attached
Hereto as Exhibit "A", is Hereby Approved and the Village
Manager is Authorized to Execute the Same on Behalf of the
village of Tequesta.
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
who moved its adoption. The motion was seconded by
Councilmember , and upon being put to a vote, the
vote was as follows:
FOR ADOPTION AGAINST..ADOPTION
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The Mayor thereupon declared the Resolution duly passed and
adopted this 14th day of May, A.D. , 1998.
MAYOR OF TEQUESTA
Elizabeth A. Schauer
ATTEST:
Joann Manganiello
Village Clerk
wp60\res\25-48
INTER-LOCAL AGREEMENT BETWEEN `\1 1 3/ 1
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 Board of County Commissioners,Palm Beach County,Florida(herein
referred to as "COUNTY"),and Tequesta(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 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
separately; 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:
Page 1 of 6
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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 are 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 earlier 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
governed 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.
Page 2 of 6
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. SECTION 4.REPORTS
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 party.
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.
Page 3 of 6
SECTION 8. ENTIRETY OF AGREEMENT
The parties agree that this Agreement set forth the entire agreement between the parties, and
there are 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.
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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.
Page 4 of 6
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date set forth
above.
ATTEST: CITY:
By: By:
Print Name: Print Name:
Title: Title:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
ATTEST: PALM BEACH COUNTY, FLORIDA,BY
ITS BOARD OF COUNTY COMMISSIONERS
DOROTHY H. WILKEN
By: By:
Deputy Clerk County Administrator
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Assistant County Attorney
Page 5 of 6
SCOPE OF WORK
CITY/COUNTY PARTNERSHIP
LOCAL MITIGATION STRATEGY
The following lists the requirements for Tequesta, 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.
Page 6 of 6
Attachment B
Federal Lobbying Prohibitions
The Contractor certifies,by its signature to this Agreement,that to the best of his or her knowledge 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 of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection
with the as%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.
(f) 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 of Congress in connection with this Federal
contract,grant, loan or cooperative agreement,the undersigned shall complete and submit Standard Form-
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 subcontracts,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
shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Contractor
Name and Title
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MAY-07-1998 13:17 EMERGENCY MRNAGEMENT i
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ElttlAr
SCOPE OF. /lrNDIN r ALLOCATICN,S - }'
Rev,5J6510_ _ • 1.5%ct Awlyd ResIdr I$ Mmdmum }i ,
_ Nle�bgd _ $TO liar Available Jatinie r ;zr:;
AGENCY 1 rN S AW$MPd °%otTatal Consult. canlleyency _o city S to CO. ' _
_-..,..t -- \ r rep
ANON 0 $7.500 �143% 14,tt6J07} $112.50 _ 52 028,93
-„4s
B'elh Gm, . 57.00 1.4315 - S4,5Bp.5 �112.50 $2,525 93
Boca Acton �)I)C ; $1'4,000 T 2.85% _$9,121.14 . $229.00 $9,053,80 ';_;v
Boynton 13411. tG • $15.000_ 2.55% $9,1 1 4 $225.00 . $5,653.E _ _
_; -„
Brify eras_ _.., p $7,500 1.43% $4,660,57 $112.50 $2,826.93 '`
Cloud Lake_-_ tC 32.500 0.49% 51,520.19 _ $37.50 _ 3942.31.
Delray Dcli --- iC $30 000 5-70% $1 L242.2S 5450.60 �31 1,30T 7a M
Gun Fil••t iC . S2.$00 0.45% S1,520.10 137.50 $$42.31 .
Gar maraca Cly iC - $7,500 1.43 $4,560.57 . _ 5112.50_ 52,526,53
Galt Slim lc $7,S00' 1.43% $4,560.57 -,5112.50 $i2,024.93 , -
Haverhill rG _ . ST.SOO 1.43%'_ •• 550.5T $112.50 $2,926.113 -°'
Hypoluve °C 19%o $4500 57 $112.50 ;z,626.93
_$7.500, , 'H.d
t4-
June,Bch. , IC . $1$.0Q0 2.55% $9.121.14 5225.00 $5,853.86 -. 1�'
Jupiter i C. $30,000 5.74 $10.242,26 $450.00 511,307.72 1i 4,
4
Jupiter Inlet Col. C.C . $7,500 1.43% 54.5600 $112.50 $2.525.93 ..
Lake Clarke Sh, _is L $7.500 1.43% 54.560,57 5112.50 92,ea6.83 •'-
Lake Ptttk l G - $15,900 2115% $9,121.14 $$2225.00. $5.053.00
:ace YYorth `co _ S30,000 5.7 0% '515,242.28 : $450.00 $11,3'1 72
Man.cnlePerk ;C 17.500 1.43% $4,560.57 5112.50 $2,625,93 ';
-,x
North fr'otm Sch. •C _ $15,000 2-553i 59,121.14 5229.00 $5.653.95 -'
Ocean Wdee �C; ' 57.500 . 1.43% 54,560.57 $112.9Q *2,520.93 _ :-y
Pshokec _. . C • 57,500 �,,1.43% __ $4 .57 $112.50 $2,823.- .1.4.
Faun Bch. 1 C 530000 5.70% 510,242.25 $4S0.00 $11.207.72 :.;:ti °
Palm l eh.Gardens i G LJ15,000 •. 2.05% 65,121.14 _$225.00 $5.654.85
Peru Bch.Sharer ; C _ 51,000 1.43% $4,560.57 $112.50 $2.I12t3.03
Pelrn Spri i C $7_500. 143% $4460.67 . 5112.50 sumo
Riviera T -i C $16.000 .2.55%� '$91121.14 ' �5.00 $5.t353.t16
�I Palm Soh. _; 0 $7,500 1.d3% $4.560.57 6 12.50 52 526.33
i
South Bay • ; C $7Sao 1.43% 54.560.57 �1250 $2$Z3.93
,South Palm Oh. : C $15,000_ 05% 58.E.14 ' $225.00 1 $5,553.06 ?.
• Tequeeta • i C • $15,000 2.85% $121.14 ' $225.00 55.653.86 , ,'
I1ryr1l0n111en C 57,$00 1.43% $4,50Q.tn $112.50 ,0213.93 _ -,Y
yeast Palm filth. r 1. $30.000 . 5.70% $111,242.20 $11,30'r.72 •_zrs
fielrtt Bch•Ct�unty I C T� _1108,750 20. 7% $55,126,27 51,531.29 $40,900.49 , _
TOTAL ' - -•- $520,230 . 100.00% 5320,000.50 ,893.75•�_.6158.350.25 • 541,750 .i.a?'
Golhlaw i N•-- SO 10.00 _ 50.00
• Highland Bch.' , N , 59 _ ''.00 50.00 ,,
13011Vitlale ._ i l _- 52.800 $0.00 . $2,500,00
Waimea i 1 _ $15,000 60.00' 5 6,000.00
Menai:s an' ; I $11.000 $0.00 S15.01,2.00 �, :�..
l lndepandant CniCity/Ca r�►t[_.N_No P�Slcipation
' s
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TOTAL P.01 •
MAY 06 '98 02:36PM JOKES FOSTER JOHNSTON & STUBBS P.1/1
JONES
FOSTER Flagler Center Tower,Suite 1100 Mailing Address
JOHNSTON 505 South Flagler Drive Post Office Box 3475
S►'7'q' BUS E1 A West palm Beach,Florida 33401 West Palm Beach,Florida 33402-3475
1 v L'+�r`' L"!• Telephone(561)659-3000 Facsimile(561)832-1454
John C.Randolph,E'tiq.
Direct Dial:(561)650,0458
E-mail:jrandalph(jorso-foster.com
May 6, 1998 VIA FAX:576-6239
James M.Weinand,Fire Chief
Village of Tequesta
Department oi'Fire-Rescue
Post Office Box 3273
Tequesta,Floilda 33469 •
RE: Village;of Tequesta
Local Mitigation Strategy Interlocal Agreement
Our File No. 13153.1
Dear Chief W inand:
I have reviewe d the Local Mitigation Strategy Agreement which you faxed to me on May 5, 1998,
and approve same as to legal form and sufficiency. We should modify the agreement,however,to
reference the"Village" instead of the"City."
Sincerely,
JONES, FOSTER,JOHNSTON&STUBBS,P.A.
John C. Randolph
JCR/ssm
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