Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 10B_1/13/2000 # aseich9j RESOLUTION NO. 30-99/00 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 FOR A LOCAL MITIGATION STRATEGY IN ACCORDANCE WITH SECTION 163 .01 OF THE FLORIDA STATUES, AND AUTHORIZING THE MAYOR OF THE VILLAGE OF TEQUESTA TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. WHEREAS, the Village of Tequesta, Florida, has participated in the development of this Palm Beach County Local Mitigation Strategy; and, WHEREAS, the Village of Tequesta, Florida, has received a Grant from the Florida Department of Community Affairs with Federal Emergency Management Agency (FEMA) for participation in this Strategy Development; and, WHEREAS, the Village Council of the Village of Tequesta, Florida, deems it desirable to continue their participation in this Local Mitigation Strategy to provide for a unified approach for disaster recovery and mitigation efforts as set forth herein, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Interlocal Agreement between Palm Beach County, Florida and the Village of Tequesta, Florida, for a Unified Local Mitigation Strategy, in accordance with terms and conditions set forth and attached hereto as Exhibit "A" and incorporated by reference as part of this Resolution is hereby approved and the Mayor of the Village of Tequesta is authorized to execute the applicable documents on behalf of the Village. 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 : it FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 13th day of January, A.D. , 2000 . MAYOR OF TEQUESTA Carl C. Hansen ATTEST : Joann Manganiello Village Clerk Nmh\Word\MyDocuments\Resolutions\30-99-00 INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND THIS INTERLOCAL AGREEMENT is entered into this day of 1999 by and between the Board of County Commissioners, Palm Beach County, Florida (herein referred to as "COUNTY"), and (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 governments 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 HaHek,e L MS11I.99fAminu wpd 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 government 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 governed 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 H,Hrhr IMS I 990.1013 wpd 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 governed 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 II t rkwr r.NS l r 99,�ain.wpd . 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: Alternate for the CITY: 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 8. VENUE To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 4 11 w<krevMS\iI 99frow »vd 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 borne 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. 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 Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney 5 H'Helme1MS1((_99p.u6nc wpd �tiAcK� Local Mitigation Strategy Steering Committee The Unified Disaster Preparedness Partnership in PBC ,� G. 20 South Military Trail •}• ogether ate' i V ..+ West Palm Beach, Florida 33415 }. mergencies TEQUESTA FIRE RESCUE .k tr �loRt94' NI anaged DEC 0 6 1999 LMS Partners Palm Beach County MEMORANDUM ADMINISTRATION , City of Atlantis City of Belle Glade TO: Local Mitigation Strategy Steering City of Boca Raton Committee Members r-fr City of Boynton Beach ci rTown of Briny Breezes FROM: Deborah Manzo, Chairperson LMiZ Town of Cloud Lake RE: Local Mitigation Strategy Adoption City of Defray Beach Town of Glen Ridge DATE: November 30, 1999 Village of Golf City of Green acres C: LMS Subcommittee Members Town of Gulf Stream Town of Haverhill Attached is the final Local Mitigation Strategy(LMS)for Palm Beach County as Town of Highland Beach approved by the LMS Steering Committee. Our appreciation extends to all of the Town of Hypoluxo municipalities and partner organizations who participated in this extensive planning Town of Juno Beach effort. This document represents more than eighteen months of policy Town of Jupiter development and an unduplicated cooperative effort among all jurisdictions. The Town of Jupiter Inlet Colony ongoing success of this project will depend on the continued dedication to the concept of mitigation and a willingness of all partners to implement the policies Town of Lake Clarke Shores developed herein at their local level. Town of Lake Park City of Lake Worth To achieve this effort, we respectfully request your assistance through the Town of Lantana following actions: Town of Manalapan 1. Local adoption of the LMS by all 37 municipalities and the Palm Beach Town of Mangonia Park County Board of County Commissioners. Village of North Palm Beach 2. Designation of a primary contact person and an alternate contact person Town of Ocean Ridge to the LMS Steering Committee for ongoing review and update of the City of Pahokee LMS. See attached form. Town of Palm Beach 3. Signing of the Interlocal Agreement by each municipal jurisdiction. See attached Agreement. City of Palm Beach Gardens 4. Submission of additional LMS projects for ranking. See revised form. Town of Palm Beach Shores 5 Complete additional funds survey and return to staff Village of Palm Springs City of Riviera Beach Village of Royal Palm Beach Due to the major disaster declaration from Hurricane Irene, post disaster City of South Bay mitigation funds will become available in the near future. Additional mitigation Town of South Palm Beach 11:44rkrnNAtV l I 509fireamcvpd Village of Tequesta Village of Wellington r; City of West Palm Beach projects should be submitted as early as possible to staff. The Steering Committee will be asked to approve all submitted projects as unranked until the next evaluation and ranking cycle begins in January. Projects submitted after Steering Committee approval will NOT be eligible for this post disaster funding cycle. The finalized LMS will be mailed to you within the next 3 weeks. Please forward your signed Interlocal Agreement to DEM along with the designation of a primary and alternate Steering Committee Member from your jurisdiction_ Attachments: Interlocal Agreement Proposal Form DM/hw N:WebrD. 'Il 99f+.�twpd Project# Palm Beach County Local Mitigation Strategy (LMS) Mitigation Measure (Project or Initiative) Proposal Form Municipality(s)or Agency(s): Contact Person: Office Phone: Fax#: E-mail: Estimated Cost of Project or Initiative:$ Describe the proposed mitigation measure, including the existent hazard, frequency of occurrence, community vulnerability, and explanation of how this measure mitigates it: Does the proposed project or initiative facilitate the objective of, or provide points toward improving the community's CRS Classification? Which CRS activity? Does the project address critical elements of the community infrastructure? Which facility? What is the community's loss exposure before this mitigation effort? What is the community's loss exposure after this mitigation effort? Is the project contained within the jurisdiction's: Comprehensive Growth Management Plan? (Specific Location ) yes no Comprehensive Emergency Management Plan? (Adopted or proposed? )yes no (Specific Location ) Other local planning document? (Which one? ) yes no (Specific Location ) Is there demonstrated public support for this project? (Attach documentation) yes no Public Hearing held? yes no Is project consistent with the existing legal and regulatory framework? If not, explain how problems will be overcome and if they are local, regional, state or federal issues: Number of points assigned by applicant to this project?(Total of 10 points for all submitted projects) Are matching funds or in-kind services available? Amount of matching funds $ If funding were immediately available, how long would it take until the community began receiving benefits from this mitigative measure? years. revised 11/99 Respond as completely as possible; attach additional pages as required. H leknetIMS111 99 ,wpd Residual Funding Following is a listing of municipalities and the estimated remaining funds which will be returned upon state approval of final deliverables and receipt of final payment. If your jurisdiction is interested in participating in a mitigation project that would enhance the LMS program and the county overall, please indicate your interest on the attached survey. If your jurisdiction is not interested please indicate likewise. Atlantic $ 2,428.19 Lake Park $ 4,856.38 Belle Glade $ 2,428.19 Lake Worth $ 9,712.76 Boca Raton $ 4,856.38 Mangonia Park $ 2,428.19 Boynton beach$ 4,856.38 North Palm beach $ 4,856.38 Briny Breezes $ 2,428.19 Ocean ridge $ 2,428.19 Cloud Lake $ 809.40 Pahokee $ 2,428.19 Delray Beach $ 9,712.76 Palm Beach $ 9,712.76 Glen Ridge $ 809.40 Palm Beach Gardens $4,856.38 Greenacres City $ 2,428.19 Palm Beach Shores $ 2,428.19 Gulf Stream $ 2,428.19 Palm Springs $ 2,428.19 Haverhill $ 2,428.19 Riviera Beach $ 4,856.38 Highland Beach $ 4,856.38 Royal Palm Beach $ 2,428.19 Hypolouxo $ 2,428.19 South Bay $ 2,428.19 Juno Beach $ 4,856.38 South Palm Beach $ 4,856.38 Jupiter $ 9,712.76 Tequesta $ 4,856.38 Jupiter Inlet Colony $ 2,428.19 Wellington $ 2,428.19 Lake Clarke Shores $ 2,428.19 West Palm Beach $ 9,712.76 Golf, Lantana, and Manalapan did not participate in the pool. Residual Funds Survey Municipality Name: Contact Person: 1. We are interested in evaluating potential mitigation projects that would benefit the LMS countywide and contributing our remaining residual funds to this endeavor. Yes Ell 2. We are Not interested in participating. No CI Fax to Division of Emergency Management 561-712-6464. Y:HekneLP.4S!! 99fino6m*.w'pd Memorandum TO: THOMAS G. BRADFORD, VILLAG •NAt ER FROM: JAMES M. WEINAND, FIRE CHIN SUBJECT: LOCAL MITIGATION STRATEP DATE: 12/28/99 The Local Mitigation Strategy (LMS) for Palm Beach County is complete and ready for adoption. This document represents more than eighteen months of development among all jurisdictions within Palm Beach County. The purpose of this document is to develop a unified approach among County and municipal governments for dealing with identified hazards and hazard management problems in the Palm Beach County area. This document serves as a tool to direct the County and municipal governments in their ongoing efforts to reduce vulnerability to the impacts produced by identified hazards and establishes local and county-wide funding priorities for mitigation efforts. Adoption of this document has several advantages to both County and local governments entities. These are identified on page 1-1 of this document. The Village Council may elect not to adopt this document, but in doing so could see their FEMA disaster recovery funding cut from the proposed 90/10 split to a 50/50 split. Our current FEMA disaster funding is a 75/25 split, with the State of Florida picking up 1/2 of our 25%. If you see fit, please forward this document to the Village Council meeting of January 13, 2000, where the following items will need to be considered. 1. The first item for consideration is whether the Village of Tequesta wishes to implement the policies within the Local Mitigation Strategy and participate in future LMS initiatives. If yes, the attached Interlocal Agreement needs to be executed by the Village Council. 2. Secondly, if the Village Council elects to continue with the participation in this process, we must designate a primary contact person and an alternate contact person for the LMS Steering Committee. 3. Some eighteen to twenty months ago, we anticipated that there would be residual funds available from undertaking this mitigation strategy project. The residual grant funds are not as great as initially anticipated but they are available for the Village of Tequesta, Tequesta share is $4,856.38. The current Interlocal Agreement adopted by the Village Council states that the residual funds shall be returned to the participating municipalities. However, some individuals in the Local Mitigation Strategy Committee feel that these funds should be used to begin some countywide mitigation projects. Therefore, the attached Residual Funding sheet needs to be completed by the Village of Tequesta to confirm if the municipality is going to keep the funds (as promised) or roll them over into countywide mitigation efforts. In the future, when any mitigation measures or projects are being considered, the attached "Palm Beach County Local Mitigation Strategy (LMS)/Mitigation Measure Proposal Form", should be completed. The completed forms should be submitted to the Local Mitigation Strategy Steering Committee for ranking of such projects. Any mitigation effort and/or measure can be accomplished by the Village of Tequesta regardless of compliance with this submittal. But if we participate in this process it opens a door for outside funding sources for these projects, such as local and federal grants, etc. My recommendation after participating in this process is as follows: 1. We should continue to participate in the Local Mitigation planing process and adopt the Interlocal Agreement. 2. We should appoint the Village Planner as the primary contact for this measure and the Civil Defense Director as the alternate contact for this LMS process. I recommended the Village Planner because this really is a planning document more than an mitigation task. 3. The Village of Tequesta should keep the residual funds as promised from the first Interlocal Agreement and be utilized to offset the expenses associated with developing this project over the last eighteen months. This Interlocal Agreement has been forwarded and approved by John C Randolph, Esq. for legal form and sufficiency (see attached correspondence). If you have any questions or concerns, please do not hesitate to contact me. I will forward necessary documents for the Village Council's review. JMW/sd Attachments Documentl 2 EST. 1993 TEQUESTA FIRE-RESCUE 040/00 Phone: (561) 575-6250 • Fax: (561) 575-6239 James M.Weinand, Fire Chief December 10, 1999 John C. Randolph,Esq. Jones, Foster, Johnston and Stubbs, P.A. PO Box 3475 West Palm Beach, FL 33402-3479 Subject: Local Mitigation Strategy Interlocal Agreement Dear Skip: Attached you will find an Interlocal Agreement between the Village of Tequesta and Palm Beach County. I anticipate the Village Council to consider this agreement at their January 13, 2000 Village Council meeting. Please review this Interlocal Agreement for legal form and sufficiency and respond back to me in writing prior to January 1st, 2000. Keep in mind that this Interlocal Agreement has been distributed to all municipalities for adoption. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, amen M. Weinand Fire Chief JMW/sd Attachment Cc: Thomas G. Bradford, Village Manager T__L llLr.... D.... ']0'7'] a '2C.7 Tor.iioof. Trion • TGn11 act n Plnrlrla RRAFi4-1177R JONES FOSTER Flagler Center Tower,Suite 1100 Mailing Address JOHNSTON 505 South Flagler Drive Post Office Box 3475 S� mD�. A West Palm Beach,Florida 33401 West Palm Beach,Florida 33402-3475 1�J�DJ PA. Telephone(561)659 3000 Facsimile(561)832-1454 Attorneys and Counselors TEQUESTA John C.Randolph,Esq. FIRE RESCUE Direct Dial:(561)650-0458 DEC 311999 E-mail: andolph@jones-foster.com INI TRATI.N December 20, 1999 VIA FAX: 575-6239 James M. Weinand, Fire Chief Village of Tequesta Department of Fire-Rescue Post Office Box 3273 Tequesta, Florida 33469-0273 RE: Village of Tequesta Local Mitigation Strategy Interlocal Agreement Our File No. 13153.1 Dear Chief Weinand: I have reviewed the above referenced agreement and hereby approve same as to legal form and sufficiency. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. J hn C. Randolph JCR/ssm