R00-077
RESOLUTION NO. ROO" 77'
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 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.
.--
..-
~
r-
4
PASSED AND ADOPTED this 6 day of June, 2000.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
~~~
Clt lerk
, \\\\\HIlI/illllll
(C~~~.~~i,
$ q, ...~oR4r;;... ""0 ~
iii ~ ~loQ;; ':0 &.~e ':to ~
~ 0 it;.) \ ~
$ )>iO is j ==
~ \ f'\:;::
~ ~ Vo ~
lerl ~9ll!ion~alegy 052200
~it>Jil""i!l",&~.,,>lIo\'lll> QV:- ~
FLO<(-.\\~
:fl/tmlll\\\\\\\'\
,-....,
~
ilIjl~1Jj,1W -
1<.00-77
INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS, PALM BEACH COUNTY, FLORIDA,
AND CITY OF BOYNTON BEACH
THIS INTERLOCAL AGREEMENT is entered into this day of ,
2000 by and between the Board of County Commissioners, Palm Beach County, Florida
(herein referred to as "CQUNTY"),and the City of Boynton Beach
(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
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 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 bf all the local municipal governments within Palm Beach
County; and
WHEREAS, the City 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, a definition 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 governed 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
Steering Committee on September 30, 1999, attached hereto as Exhibit A and
incorporated herein by reference.
2
D. The parties agree to be governed by the Instructions for Evaluating
Hazard Mitigation Projects described by the Local Mitigation Strategy.
E. The parties agrE;}e 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 ~s 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 bya 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 snail 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.
SECTION 4. TERMINATION
This Agreement may be terminated without cause by either party to . this
3
"
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
Director of Emergency Management
20 South Military Trail
West Palm Beach, Florida 33415
For the CITY:
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida
Copy to:
City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
SECTION 6. ENTIRETY OF AGREEMENT
The parties agree that this Agreement sets forth the entire agreement between
th~ parties, and there are no promises or understandings other than those stated
herein.
S~CTION 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.
SECTION 9. ATTORNEY'S FEES
. I
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
re~pectiveparties, however, this clause pertains only to the parties to this Agreement.
4
SECTION 1 O. 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:
BY;~~Ck_ ~~
Print Name:.&tz:"qA/AlG. /J? ~U':::;;€
Title: tl-Zft ~.
:~~: J4i~
Print Name: t!!f16AA~.:D "BR.cIiUlINS,
Title: /J119"~L
ATTEST:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
.~. CW&"> 1kY-Lv--\L
By: .
PALM BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
DOROTHY H. WILKEN
Deputy Clerk
By:
Chair
By:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Assistant County Attorney
C:\MyFiles\LMS\INTERLOCAL.wpd
5