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HomeMy WebLinkAboutResolution_30-99/00_01/13/2000• 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 Schauer who moved its adoption. The motion was seconded by Councilmember Walker and upon being put to a vote, the vote was as follows: ~1 FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta Basil E. Dalack Carl C. Hansen Elizabeth A. Schauer Sharon D. I~Valker • f The Mayor thereupon declared the Resolution duly passed and adopted this 13th day of January, A.D., 2000. ATTEST: J ann Mangani to Village Clerk Nmh\Word\MyDOCUments\Resolutions\30-99-00 MAYOR OF TEQUESTA .D ~' ' /~" ~' , Carl C. Hansen "Exhibit A" 82000 126 sE4'2~ INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND VILLAGE OF TEQUESTA THIS INTERLOCAL AGREEMENT is entered into this 26th day of Julv , 2000 by and between the Board of County Commissioners, Palm Beach County, Florida (herein referred to as "COUNTY"), and Village of Teauesta (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 h othe local ties on aabasis of mutual ladvantage and powers by enabling them to cooperate wit 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 Ba St tewide Hazard Mitigation Stra egy; anfdied Local • Mitigation Strategy that will become part o 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 Stedring 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. a 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 setforth • 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 constn~ed 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. C~ • • 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: Kara Irwin, Planner Village of Tequesta PO Box 3273 Tequesta, FL 33469 Alternate for the CITY: James M. Weinand, Fire Chief Village of Tequesta • PO Box 3273 Tequesta, FL 33469 • 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 bylaw, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. • 4 x: v~~~uwav~_s~.oa~+rs • . 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: • -Priit~ Name: To~H-~ -~a NC~-a -~ ~ ~_~~o • , Tiikl~:, ~e-tic ~" ~ ~ ~~t~~ o c -,-~ Q~cs~ ~, ;:~ ~, ATTEST: ~~ DOROTHY H. By: • Clerk P,2000 22b3 S E P 1 2 2000 CITY: B ~`~t ~~~~Y elf ~i y• Print Name: cF}2L C. NANSE~- Title: M A~o 2Yv i I.~.R~ 6-E o F -rc= ~ ~~~A APPROVED AS TO FORM AND LEGAL SUFF~IENCY ey: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS ,~ By: APPROVED AS TO FORM AND LEGAL SUFFICIE,1tdCY By: ! V Assistant C Attorney STI~T~ wr Fl.~?;~ID;~, CO~;;~tTy ~~ ~ I ~1t.,!-{ c~ n ~:-~';` ;-I. ~ul~iF KE~J, ex-niicic Clrr~r,~~, of r ~vdt t,~ (I~ii~r (;nr ~rp15S1Jn8";, ,,l he ~ rtl ~ ?Pus to be trUc:;. ~Ji;'"~' ;~;Qf1r14]7r1~' lit ~iFylrl,r', t:~vu on _ . ~.ooa y °: ~ e DRi ~'~?; ~! ~r,~-~; ;':~lrn Beach, ~L cry/0-~-2dOJ • G~~t~T Y cOa(,,`I' o: y :cn COUNTY :_~ ~'• s d'• F~ OR ID A O; gi/'lI ~O~ `ate=^ - t` • INTERLOCAL AGREEMELM BEACH CO NTyOFLORIDA, ANDS COMMISSIONERS, PA VILLAGE OF TEQUESTA REEMENT is entered into this 26th day of July , 2000 by and between THIS INTERLOCAL AG the Board of County Commissioners, Palm Beach County, Florida (herein referred to as "COUNTY"), and Village of Teauesta (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 governor localities on a bas s of mutual nadvantage and powers by enabling them to cooperate wnth other 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 Dh Countntto dev le op a co~tnywide unnif ed Local and entered into an agreement with Palm Beac y • 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 • 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, adefinition 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 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 f i 2 y.~~~„_»»~ 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 acxordance 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. • • • ~ • F SECTION 3. LIABILITY A. The CITY as a Florida municipality agrees to be fully responsible as setforth 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 shalt 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, shalt be fully responsible for its own negligent acts or omissions or tontious 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 darrtiages 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 N~~,~~~~_~ ` 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: Kara Irwin, Planner Village of Tequesta PO Box 3273 Tequesta, FL 33469 Alternate for the CITY: James M. Weinand Fire Chief Village of Tequesta - PO Box 3273 Tequesta, FL 33469 s 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. i 4 y: ui~r~vuni~_.»rd E • 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: Print Name: Tow~vnt ~'rIRNFs•7N/t LLCM Till?: ~(~~~K,ry~LLAG~ oL 7L~Qu[r S~ CITY: / / C~~ / / ~~2~~~~~ sy: Print Name: ~~~~ c. ~~ts~ n/ Title: ra~T ~ vi ~ ~A mac' of ~ u ~ s r~9 APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ATTEST: DOROTHY H. WILKEN By: Deputy Clerk P~LM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS ,, ~ ~.__ APPROVED AS TO FORM AND LEGAL SUFFIC~NCY • By' Assistant Co Attorney t • U i I