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R98-097RESOLUTION NO. R98~?~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AS PARTNERS IN THE DEVELOPMENT OF THE LOCAL MITIGATION STRATEGY PROVIDING FOR PRE-IDENTIFYING AND PRIORITIZING HAZARD MITIGATION PROJECTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida to execute a an Interlocal Agreement between the City of Boynton Beach and the Board of County Commissioners of Palm Beach County, Florida, as partners in the development of the Local Mitigation Strategy, providing for pre-identifying and prioritizing hazard mitigation projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute an Interlocal Agreement between the City of Boynton Beach and the Board of County Commissioners of Palm Beach County, which Agreement is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /~' day of May, 1998.. CITY OF BOYNTON BEACH, FLORIDA M Mayor Pro Tem Commissioner ATTEST: Cit~Clerk - 5/I 1/98 R98 1256D INTER-LOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND AS PARTNERS IN THE DEVELOPMENT OF THE LOCAL MITIGATION STRATEGY TItlS INTER-LOCAL AGREEMENT is entered into this day of h' 1998 by and between the Board of County Commissioners, Palm Beach County, Florida ( erein referred to as "COUNTY"), and Boynton Beach 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 WltEREAS: 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 ot~ 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 urdfied 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 CONDmONS 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 fi.om 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 md COUNTY shall be sufficient and complete to verify le_ompliance with the requirements of this Agreement and the COUNTY'S agreement .with the Depaitment. ' B. The CITY shah 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~v If the State of Florida, Department of Community Affairs determines that funds are not ailable 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. iCTION 6. NOTICE AND CONTACT · All notices provided under or pursuant to the Agreement shall be in writing, delivered either by d or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth belowl For the COUNTY: William O'Brien, III, Director Division of Emergency Management 3723 Belvedere Rd. West Palm Beach, Fl. 33406 For the CITY: City Manager City of Boynton Beach i00 E. Boynton beach blvd. ~,.,~,.,~. B~,~,.h, ~-~ 33435 ;ECTION 7. FUNDING/CONSIDERATION consideration for the COUNTY performing work on behalf of the CITY, the CITY waives its ight tb receive payment from the Department and hereby assigns its portion of the grant to the 2OUNTY, which is $15,000. The COUNTY agrees to allocate residual grant funds, if any, of CITY'S portion of the Department's grant at, er costs to the COUNTY'S consultant have >een 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 Fo the extent allowed by law, the venue for any action arising from this Agreement shall be in >aim Beach County, Florida. ~ECTION 11. ATTORNEY'S FEES amy costs or expenses (including reasonable attorney's fees) associated with the enforcement of :he terms and/or conditions of this Agreement shall be borne by the respective parties, however, his clause pertains only. to the parties to this Agreement. ~ECTION 12. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or ~tatutory duties of the officers of the COUNTY or the CITY. iECTION 13. EQUAI, 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 ~mder any activity carded out by the ~erformance 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: Print Name: ~'70~z~ '-'/~'~z~ R98 12560 APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ~sS~stant Cou-nty A'l~omey Page 5 of 6 SCOPE OF WORK CITY/COUNTY PARTNERSHIP LOCAL MITIGATION STRATEGY The following lists the requirements for Boynton Beach as a partner with the Count-/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 pr 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 bf, 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 representativeby: 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 belief: (e) Attachment B Federal Lobbying Prohibitions The Contractor certifies, by its signature to this Agreement, that to the best of his or her -knowledge and 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 ora 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. (0 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 RESOLUTION NO. R98-?~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BET~NEEN THE CITY OF BOYNTON BEACH AND THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AS PARTNERS IN THE DEVELOPMENT OF THE LOCAL MITIGATION STRATEGY PROVIDING FOR PRE-IDENTIFYING AND PRIORITIZING HAZARD MITIGATION PROJECTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida to execute a an Intedocal Agreement between the City of Boynton Beach and the Board of County Commissioners of Palm Beach County, Florida, as partners in the development of the Local Mitigation Strategy, providing for pre-identifying and prioritizing hazard mitigation projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute an Intedocal Agreement between the City of Boynton Beach and the Board of County Commissioners of Palm Beach County, which Agreement is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon passage.