1996-063 Interlocal Agrmt with PBC for Forester
RESOLUTION NO. 63-96
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 INTERLOCAL AGREEMENT WITH THE
BOARD OF COUNTY COMMISSIONERS OF PALM BEACH
COUNTY, FLORIDA, ATTACHED AS EXHIBIT "A", FOR THE
PURPOSE OF CREATING A PARTNERSHIP BETWEEN THE
COUNTY AND THE VILLAGE OF NORTH PALM BEACH
OVERSEEING THE FORESTRY NEEDS OF THE COUNTY AND
THE VILLAGE AND FOR THE PURPOSE OF THE VILLAGE
OBTAINING CONSULTATION SERVICES FROM THE COUNTY
FORESTER; AND PROVIDING FOR AN EFFECTIVE DATE.
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 Interlocal Agreement with the Board of County
Commissioners of Palm Beach County, Florida, attached as Exhibit "A", which
agreement is for the purpose of creating a partnership between the County and
the Village of North Palm Beach overseeing the forestry needs of the County and
the Village and for the purpose of the Village obtaining consultation services
from the County Forester.
Section 2. The Mayor and the Village Clerk are hereby authorized
and directed to execute the agreement with Board of County Commissioners of
Palm Beach County, F1orlda, 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.
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PASSED AND ADOPTED THIS 10th DAY OF OCTOBER 1996.
(Village Seal) ~~~/ ~'d
MAYOR
A T ~C~~~
V LLAGE CLERK
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INTERLOCAL AGREEMENT
BETWEEN
PALM BEACH COUNTY
AND THE
VILLAGE OF NORTH PALM BEACH
THIS INTERLOCAL AGREEMENT, is made and entered into on this day of
1996, by and. between Palm Beach County, a poetical subdivision of the State of
Florida, ("County"), and the Village of North Palm Beach, a Florida municipal corporation,
("Municipaety").
WTI'NESSETH:
WHEREAS, the County:tnd Municipaety are authorized to enter into this Agreement pursuant
to Section 163.01, Florida Statutes, as amended, which permits local governmental units to make
the most efficient use of their powers by enabling them to cooperate with other locaeties on a
basis of mutual advantage; and
WHEREAS, pursuant to Chapter ]25.01 Florida Statutes, the County is empowered to establish
and to enter into agreements with other governmental agencies within or outside the boundaries
ofthe County for joint performance, or performance by one unit on behalf of the other, of any
of either governmental entity's authorized functions; and
WHEREAS, in many areas, the County Forester is the only pubec representation to provide
local assistance with tree care training for pubec workers, disease and insect diagnosis of shade
trees, environmental planning, environmental education, hazardous tree identification, tree
inventories, and tree protection ordinance development; and
WHEREAS, cooperative efforts between the County and the Municipality will allow both
entities to work closely in amutually-beneficial arrangement to prevent environmental
deterioration of our urban azeas by promoting proper tree planting, tree care and maintenance,
and the preservation of natural areas ofgreenspace in and around our county and municipalities;
and
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WHEREAS, the County and Municipality wish to form a partnership that would create a
program that would oversee the forestry needs of the County and Municipality.
NOW, THEREFORE irr consideration of the mutual covenants set forth hereinafter the County
and Municipality agree as follows:
1. )pose of the Inter!ocal Agreement. The purpose of this interlocal Agreement is to
create a formal partnership between the County and Municipality for the purpose of
overseeing the forestry needs of the County and Municipality.
2. Representatives. The County and Municipality will assign a representative to monitor
this Agreement- and will exchange this information within thirty (30) days of execution
of this Agreement.
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3. Term• The term of this Agreement shall be effective on the date of execution of the
Agreement by both parties and shall continue for five (5) years unless written notice is
given by either parley to the other at least thirty days prior to October 1st of any year of
the intention to disc;ontinue the work provided for herein and to cancel this Agreement.
4. Resnonsibititi of the o ~ntv.
The County shall:
a. Conduct, an behalf and at the request of the Municipality consultation and
wordination services in the following areas: forestry development, technical
forestry assistance, and forestry information and education as outlined in
attachment "A' ;
b. Supply a staff member to carry out the provisions of this Agreement; and
c. No later than October 30 of each year, the County will furnish to the
Municipality an annual report of the program.
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S.
The Municipality shall:
6.
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8.
a. Pay to the County s i.oo0 for the services rendered from October 1, 1996
through September 30, 1997. Any financial support following this period shall
be determined by discussion between the parties to this Agreement by July 1,
1997 for services rendered from October 1; 1997 through September 30, 1998.
For each subsequent year of service, financial support shall be determined by the
parties by August 1, of the preceding year.
b. Supply to the County Forester a list of vegetation needed for tree planting
projects (e.g., street or park plantings)
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c. Contact the County Forester as other needs arise.
Annuat Approp~tiation. Each party's obligation is subject to an annual budgetary
appropriation by its respective governing body for subsequent fiscal years.
Notices. All notices required under this Agreement shall be forwarded, in writing to:
Boazd of County Commissioners of
Palm Beach County
Governmental Complex
301 N. Olive Avenue
West Palm Beach, iFZ 33401
and
Palm Beach County Department of
Environmental Resources Mgmt.
3323 Belvedere Ro;id, BLDG. 502
West Palm Beach, FL 33406
Village of North Palm Beach
501 U. S. fTighway 1
North Palm Beach, Fl. 33408
with a copy to:
Palm Beach County
Attorney's Office
P.O. Box 1989
West Palm Beach, FL 33401
Filing. A copy of this Agreement shall be filed with the Clerk of the Cnrcuit Courtin and
for Palm Beach County.
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9. Indemnification. To the extent permitted bylaw, each party agees to indemnify and
hold the other harmless from any liability arising from the negligence of its respective
agents and employees in connection with the performance of this Agreement. For the
purpose of liability, the County and Municipality are covered by the provisions of section
768.28, Florida Statutes, as may be amended, and this Ageement shall not be deemed
a waiver of sovereign immunity by either party.
10. Waiver of B_~ach, No waiver of breach of any of the covenants or provisions of this
Agreement shall be construed to be a waiver of any succeeding breach of the same or any
other covenant.
11. Amendment. This Agreement maybe amended only by a written document signed by
both parties.
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12. i'ipn~t 0p rt ~ni[y Provision. The County and the Municipality agree that no person
shall, on the Bounds of race, color, gender, 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
Ageement.
13. Severability. In the event that any section, paragaph, sentence, clause, or provision
hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the
remaining portions of this Ageement and the same shall remain in full force and effect.
14. DeleEation of D~,t~. Nothing contained herein shall be deemed to authorize the
delegation of the constitutional or statutory duties of county or municipality officers.
I5. Enforcement oa Any costs or expenses (including reasonable attorney's fees)
associated with the enforcement of the terms and conditions of this Agreement shalt be
home by the respective parties, provided, however, that this paragraph pertains only to
the parties to this Agreement.
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16. Entirety of Agreement. This Agreement represents the entire understanding between
the parties, and supersedes all other negotiations, representations, or agreement, whether
verbal or written, relating to this Agreement.
IN WITNESS WHEREOF, the County of Palm Beach, Florida has caused this
Agreement to be signed by the Chairman of the Boazd of County Commissioners and the seal
of said Board to be afiixecl hereto and attested by the Clerk of said Board, pursuant to authority
granted by said Board, and the Village of North Palm Beach has caused the Agreement to be
signed in its name by the Village Manager and its seal to be affixed hereto, attested by its Clerk
has caused this. Agreement to be signed in its name, date and yeaz first above written.
ATTEST:
PALM BEACH COUNTY, F)/ORIDA,
- BY ITS BOARD OF COUNTY
COMMISSIONERS
Clerk
(SEAL) .May°"
~ ~ BY~ -
(SEAL)
_ ~ ` _ ~:::
` ~ ATTEST:
y ~~ ~ -:...-,
Deputy Clerk
By:
Chair
VILLAGE OF NORTH PALM BEACH
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
County Attorney
Village Attorney
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