2000-007 Agreement for Countywide Local Mitigation Plan• RESOLUTION 07-2000
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 ATTACHED AS EXHIBIT "A", WHICH
AGREEMENT IS FOR THE PURPOSE OF DEVELOPING A COUNTYWIDE UNIFIED LOCAL
MITIGATION STRATEGY FOR DISTRIBUTION OF STATE AND LOCAL FUNDS FOR
FUTUKE DISASTER DAMAGE; 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, attached
as Exhibit "A", which agreement is for the purpose of developing a countywide unified local
mitigation strategy for distribution of state and local funds for future disaster damage.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Interlocal
Agreement with the Board of County Commissioners of Palm Beach County set forth in Exhibit "A"
for and on behalf of the Village of North Palm Beach, Florida.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 27th DAY OF JANUARY, 2000.
(Village Seal)
ATTEST:
• VILLAG CLERK
~~~
M OR
INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND
• Z THIS INTERLOCAL AGREEMENT is entered into this day of
A by and between the Board of County Commissioners, Palm Beach County, Florida
(herein referred to as "COUNTY"), and fhP v;iiagP of Nnrth .palm Reach
(herein referred to as "CITY"), each one constituting a public agency as defined in Part I
of Chapter 163, Florida Statutes.
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 pursuantto 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
U
WHEREAS, communkies 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 ofcritical 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, projecxs 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 maybe 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
•
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 govemed 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 ofthe 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, Fforida 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 setforth 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 ofsovereign immunity by either party,
pursuant to Section 768.28, Florida Statutes.
:•
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: Tom Hogarth
Duhlir Sarvirec Director
Village of North Palm Beach
645 Prosperity Farms Road
~rth Dalm RParh FL 3340E
Alternate for the CITY: Dennis Ke11y
Ni11ag Mo`^~~aer
Village of North Palm Beach
503 U $ Hig~.y nno
Nnrth Palm Beach FL 33408
SECTION 6. ENTIRETY OF AC3REEMENT
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.
•
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: '
~ ~~T~rt ~ By: °~
-Pri"n1t°Name:.~(~ ~nr F. ~C~c~ y Print Name: ~~ ~aa~/Vl ~~t~;~•~•
Title:/~u9~E~~~~
ATTEST:
Title: /l~O
APPROVED AS TO FORM AND
LEGAI, SUFFICIENCY
PdLM BEKCH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
DOROTHY H. WILKEN
By:
Deputy Clerk
By: _
Chair
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Assistant County Attorney