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HomeMy WebLinkAboutResolution_25-97/98_05/14/1998 RESOLUTION NO. 25 -97/98 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: Section 1. The Interlocal 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 Mackail, who moved its adoption. The motion was seconded by Councilmember Cameron, and upon being put to a vote, the vote was as follows: • FOR ADOPTION AGAINST ADOPTION Alexander W. Cameron Joseph N. Capretta Carl C. Hansen Ron T. Mackail Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 14th day of May, A.D., 1998. 4Eabeth OF QUESTA A Schauer ATTEST: oann ManganiiQllo Village Clerk WP80 \Res \25 -98 ViI1 age Tequesta Memorandum 99 Vilee e Maltager's Office To: Thomas G. Bradford, Village M r From: James M. Weinand, Fire Chief Date: September 14, 1998 Subject: Inter -Local Agreement Between Palm Beach County and the Village of Tequesta as Partners in the Local Mitigation Strategy Attached you will find an executed original copy of the Inter -Local Agreement Between the Village of Tequesta and Palm Beach County Board of County Commissioners for the Local Mitigation Strategy. We have retained a copy for our files and are forwarding this original to you for your files. TG B /cm attachment • MAAd ministration Documents \Bradford \091498 R98 1 g INTER -LOCAL AGREEM BETWEEN • THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND AS PARTNERS IN THE DEVELOPMENT OF THE LOCAL MITIGATION STRATEGY A U6 18 1998 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 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 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: James M. Wei nand Fire Chief Village of Tequesta P.O. Box 3273 Tequesta, Florida 33469 -0273 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. 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: z oANN MANGaNiGLL0 PrintName Title: yi L.Lg-GgF c L� Title: V - L-LY? (r., C W v Z- APPROVED AS TO FORM AND LEGAL SUFFI IENCY By ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WVILKEN • By: By. Deputy Jerk AUG 18 199 County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIk R 98 1 B ]& 7 Cd � Assistant County orney • 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 a%%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 25 PREPARED BY/RECORD AND RETURN TO: JOHN C. RANDOLPH, Esquire Jones, Foster, Johnston & Stubbs, P.A. Post Office Box 3475 West Palm Beach, Florida 33402 -3475 WILL CALL #85 RESOLUTION NO. 24 -97/98 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, VACATING AND ABANDONING A PORTION OF THE THIRTY FOOT ALLEY LYING WEST OF LOTS 1, 2, AND 3, BLOCK 2, JUPITER IN THE PINES, SECTION C, AS RECORDED IN PLAT BOOK 26, PAGE 19, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA WHEREAS, a petition has been made to abandon and vacate a portion of the thirty foot alley lying west of Lots 1, 2 and 3, Block 2, Jupiter in the Pines, Section C, in the Village of Tequesta, as recorded in Plat Book 26, Page 19, Public Records of Palm Beach County, Florida, over and across land more fully hereinafter described; and WHEREAS, the Village Council of the 'Village of Tequesta does hereby find and determine that the necessity for the thirty foot alley located on the following described property is no longer necessary and does not serve any public purpose, nor is it necessary for public use; and WHEREAS, the Village Council desires to abandon the alley, subject, however, to an easement in favor of BellSouth, Florida Power & Light and the Loxahatchee River go 1 Environmental Control District to assure provision for the installation, operation, repair and maintenance of these companies' facilities. NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. A portion of that certain thirty foot alley located west of Lots 1, 2, and 3, Block 2, Jupiter in the Pines, Section 2, in the Village of Tequesta, as recorded in Plat Book 26 Page 19, Public Records of Palm Beach County, Florida, more particularly described as follows, to -wit: A PORTION OF THE THIRTY FOOT ALLEY LYING WEST OF LOTS 1, 2 AND 3, BLOCK 2, ACCORDING TO THE PLAT OF JUPITER IN THE PINES, SECTION C, AS RECORDED IN PLAT BOOK 26, PAGE 19, PALM BEACH COUNTY, FLORIDA, LESS THE NORTH 5.0 FEET THEREOF FOR RIGHT -OF -WAY OF TEQUESTA DRIVE. CONTAINING 5487 SQUARE FEET, MORE OR LESS, AS • FURTHER REFLECTED UPON THE SURVEY ATTACHED HERETO AND INCORPORATED HEREIN be and the same is hereby vacated and abandoned, subject to an easement in favor of BellSouth, Florida Power and Light, and Loxahathcee River Environmental Control District ( "ENCON ") to assure provision of an easement for the installation, operation, repair and maintenance of these companies' facilities. Section 2. The Village Clerk is hereby authorized to record this Resolution pursuant to law. Section 3. This Resolution shall become effective immediately upon passage. THE FOREGOING RESOLUTION was offered by Councilmember Mackail who moved its adoption. The Resolution was seconded by 2 Councilmember Hansen and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Alexander W. Cameron Joseph N. Capretta Carl C. Hanson Ron T. Mackail Elizabeth A. Schauer RE EC E The Mayor thereupon declared the Resolution duly this 14th day of May, 1998. MAYOR OF TEQUESTA Elizabeth A._ Schaue ATTEST: Village Clerk 3