R2022-98 TCRPC Interlocal Agreement for Continuing Planning and Urban Design ServicesC,
RESOLUTION 2022-98
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT WITH THE TREASURE COAST REGIONAL PLANNING
COUNCIL FOR CONTINUING PLANNING AND URBAN DESIGN
SERVICES; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, due to vacancies within the Community Development Department, the Village is in
need of planning and urban design services on an ongoing basis; and
WHEREAS, the Treasure Coast Regional Planning Council ("TCRPC") was created by interlocal
agreement among Indian River, St. Lucie, Martin and Palm Beach Counties for the purpose of
providing planning and technical assistance related to growth management for governments within
its jurisdiction; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to enter into interlocal
agreements for the performance of public functions, and interlocal agreement are exempt from
purchasing policy restrictions; and
WHEREAS, Village Staff recommended executing an Interlocal Agreement for Continuing
Planning and Urban Design Services with TCRPC to assist with pending and future projects; and
WHEREAS, the Village Council determines that the execution of an Interlocal Agreement with
TCRPC is in the interests of the public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified and are incorporated herein.
Section 2. The Village Council hereby approves an Interlocal Agreement for Continuing
Planning and Urban Design Services with the Treasure Coast Regional Planning Council, a copy
of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk
to execute the Interlocal Agreement on behalf of the Village. The total amount of compensation
paid to TCRPC shall not exceed $50,000.00, with funds expended from Account No. A5206-33190
(Community Planning — Professional Services).
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall become effective immediately upon adoption.
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PASSED AND ADOPTED THIS 14TH DAY OF NOVEMBER, 2022.
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INTERLOCAL AGREEMENT
BETWEEN THE VILLAGE OF NORTH PALM BEACH
AND THE TREASURE COAST REGIONAL PLANNING COUNCIL
FOR CONTINUING PLANNING AND DESIGN SERVICES
This Interlocal Agreement (herein referred to as "Agreement") is entered into this �`(.-
day of J, 2022 by and between the Village of North Palm Beach (herein referred
to as "the Village") and the Treasure Coast Regional Planning Council (herein referred to as
"TCRPC"), each constituting a public agency as defined in Part I of Chapter 163, Florida Statutes.
The Village and TCRPC may sometimes be referred to herein as "Party" or collectively referred
to herein as the "Parties."
WITNESSETH:
WHEREAS, Section 163.01, 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 and public agencies 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 need and development of local communities; and
WHEREAS, Part I of Chapter 163, 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 TCRPC is permitted to provide services to the Village as the TCRPC is
established by the State of Florida and considered a public agency in accordance with state law;
and
WHEREAS, the North Palm Beach Village Council has determined that Planning and
Design Services in support of the Village's Community Development Department on a continuing
services basis to be in the best interests of the residents and businesses of North Palm Beach; and
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WHEREAS, the Village of North Palm Beach Village Council and the TCRPC desire to
enter into this Agreement to accomplish the activities identified above.
NOW THEREFORE, in consideration of the mutual covenants, promises and
representations herein, the Parties agree as follows:
SECTION 1. PURPOSE
A. The purpose of this Agreement is to memorialize the terms under which the TCRPC will
assist the Village with continuing Planning and Design Services.
B. The Village and the TCRPC agree to act in a spirit of mutual cooperation and good faith
in the implementation of the Agreement and its purpose.
SECTION 2. EFFECTIVE DATE
This Agreement shall become effective upon its approval by the North Palm Beach Village
Council and the Executive Director of the Treasure Coast Regional Planning Council, the
due execution thereof by the proper officer of the Village and the Treasure Coast Regional
Planning Council, and the filing of a certified copy hereof with the Clerk of the Circuit
Court of Palm Beach County, Florida.
SECTION 3. GENERAL TERMS AND CONDITIONS
A. This Agreement shall begin upon execution by both Parties and shall continue until
terminated in accord with Section 5 below.
B. The TCRPC shall fully perform the obligations identified in the Scope of Services
contained in Attachment "A" of this Agreement to the satisfaction of the Village in accord
with a mutually agreed upon schedule.
C. The Village and the TCRPC agree to be governed by applicable State and Federal laws,
rules, and regulations.
D. Modifications of this Agreement may be requested by either Party. Changes must be
mutually agreed upon and are only valid when reduced to writing, duly signed by each
Party, and attached to the original Agreement.
E. The Village agrees to:
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1. Provide requests for services as necessary;
2. Provide written Task Assignments for discrete scopes of work when needed; and
3. Process all requests for reimbursement in a timely manner.
SECTION 4. RECORD KEEPING
A. The TCRPC shall retain all records related to this Agreement for a time period consistent
with the State of Florida Public Records Retention Schedule, as may be amended from
time to time.
B. The TCRPC shall allow access to its records during normal business hours and upon
reasonable advance requests of the Village, its employees and agents.
SECTION 5. TERMINATION
This Agreement may be terminated for convenience by either Party on thirty (30) days
written notice, or for cause if either Party fails substantially to perform through no fault of
the other and does not commence correction of such nonperformance within five (5) days
of written notice and diligently complete the correction thereafter. The Village shall be
obligated to pay the TCRPC for only its work completed up to the date of termination
pursuant to this paragraph.
SECTION 6. REMEDIES
No remedy herein conferred upon any Party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. No single or partial exercise by any Party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof.
SECTION 7. INDEMNIFICATION
Each Party to this Agreement agrees, to the extent permitted by law, to save, defend,
reimburse, indemnify, and hold harmless the other Party, and the other Party's respective
officers, employees, servants or agents from each Party's own negligence or willful
misconduct and from any and all claims, demands, damages, liabilities, causes of action,
legal or administrative proceedings, judgments, interest, attorney's fees, costs and expenses
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arising in any manner directly or indirectly in connection with or incidental to the
performance of this Agreement. Nothing in this provision shall be construed as consent by
the Parties to be sued, nor as a waiver of sovereign immunity beyond the limits provided
for in Section 768.28, Florida Statutes, including limits on attorney's fees.
SECTION S. SEVERABILITY
Should any provision of this Agreement be declared invalid or unenforceable by a court of
competent jurisdiction, the same shall be deemed stricken here from and all other terms
and conditions of this Agreement shall continue in full force and effect as if such invalid
provision had never been made a part of the Agreement.
SECTION 9. ENTIRETY OF AGREEMENT
This Agreement represents the entire understanding between the Parties. This Agreement
may be modified and amended only by written instrument executed by the Parties hereto
in accordance with Section 3.
SECTION 10. NOTICE AND CONTACT
All notices provided under or pursuant to this Agreement shall be in writing, delivered
either by hand, overnight express mail, or by first class, certified mail, return receipt
requested, to the representatives identified below at the address set forth below:
For the Village:
Chuck Huff, Interim Village Manager
Village of North Palm Beach
501 U.S. Highway 1
North Palm Beach, FL 33408
For the TCRPC:
Thomas J. Lanahan, Executive Director
Treasure Coast Regional Planning Council
421 SW Camden Avenue
Stuart, FL 34994
SECTION 11. FUNDING/CONSIDERATION
A. This is an hourly fee Agreement for work in accord with the Scope of Services as identified
in Attachment "A". As consideration for performance of work rendered under this
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Agreement, the Village agrees to pay the TCRPC a fee of Two Hundred Dollars and Zero
Cents ($200.00) per hour; which includes travel, out-of-pocket expenses (printing and
reproduction costs), mail, couriers, subconsultant costs, and other costs related to the
services provided, and excludes advertising, promotional, and meeting venue expenses.
B. The satisfactory completion of work by the TCRPC, in accordance with general industry
standards and best practices and submission of an invoice to the Village, shall be
considered the TCRPC's request for payment. The Village shall pay the TCRPC within
thirty (30) days of receipt of an invoice.
SECTION 12. CHOICE OF LAW; VENUE
This Agreement shall be governed by the laws of the State of Florida. Venue for any action
arising to enforce the terms of this Agreement shall be in Palm Beach County, Florida.
SECTION 13. ATTORNEY'S FEES
Any costs or expense (including reasonable attorney's fees) associated with the
enforcement of the terms and conditions of this Agreement shall be borne by the respective
Parties, however, this clause pertains only to the Parties to this Agreement.
SECTION 14. DELEGATION OF DUTY
Nothing contained herein shall deem to authorize the delegation of the constitutional or
statutory duties of the officers of the Village or the TCRPC.
SECTION 15. FILING
This Agreement and any subsequent amendments thereto shall be filed with the Clerk of
the Circuit Court of Palm Beach County pursuant to Section 163.01 (11), Florida Statutes.
SECTION 16. EQUAL OPPORTUNITY PROVISION
The Village and the TCRPC agree that no person shall, on the grounds of race, color,
ancestry, creed, religion, sex, national origin, political affiliation, disability, age, marital
status, family status, pregnancy, sexual orientation, or gender identity be excluded from
the benefits of, or be subject to any form of discrimination, under any activity carried out
in the performance of the Agreement.
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SECTION 17. PUBLIC RECORDS
In performing services pursuant to this Agreement, the TCRPC shall comply with all
applicable provisions of Chapter 119, Florida Statutes. As required by Section 119.070 1,
Florida Statutes, the TCRPC shall:
A. Keep and maintain public records required by the Village to perform this service.
B. Upon request from the Village's custodian of public records, provide the Village with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the Agreement term and following completion of the Agreement if the TCRPC does not
transfer the records to the Village.
D. Upon completion of the Agreement, transfer, at no cost, to the Village all public records in
possession of the TCRPC or keep and maintain public records required by the Village to
perform the services. If the TCRPC transfers all public records to the Village upon
completion of the Agreement, the TCRPC shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
TCRPC keeps and maintains public records upon completion of the Agreement, the
TCRPC shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the Village, upon request from the Village's
custodian of public records, in a format that is compatible with the information technology
systems of the Village.
IF THE TCRPC HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
TCRPC' S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT, CONTACT VILLAGE CLERK JESSICA
GREEN, RECORDS CUSTODIAN FOR THE VILLAGE, AT: (561)
G
841-3355; NPBCLERK@VILLAGE-NPB.ORG; 501 U.S. HIGHWAY 1,
NORTH PALM BEACH, FL 33408.
SECTION 18. E -VERIFY; EMPLOYMENT ELIGIBILITY
The Village and the TCRPC represent that each is in compliance with Section 448.095,
Florida Statutes, as may be amended. Each Party is registered with and uses the E -Verify
System (E-Verify.gov), to electronically verify the employment eligibility of all newly
hired works. Either Party shall terminate this Agreement if it has a good faith belief that
the other Party has knowingly violation Section 448.09(1), Florida Statutes, as may be
amended.
SECTION 19. INSPECTOR GENERAL
Notwithstanding any other provision in this Agreement, all documents, records, reports
and any other materials produced hereunder shall be subject to disclosure, inspection and
audit, pursuant to the Palm Bach County Office of the Inspector General, Section 2-421-2-
440 of the Palm Beach County Code, as amended. The failure to fully cooperate with the
Inspector General when requested may be deemed a material breach of this Agreement
justifying termination.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set
forth above.
ATTEST:
By: / \
Va
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ge Clerk
Village of North Palm Beach
By:
Honorable Deb rah earcy
Mayor
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X•;� Approved as to form:
•: FLORIDA
By:
�� • • • •' Leonard G. Rubin
* Village Attorney
ATT ES
By:
Phyllis Castro
Accounting Manager
Treasure Coast Regional Planning Council
By: 0V - mum -own"
;ThongKs'JA�a'nahan4
Executive Director
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ATTACHMENT A
SCOPE OF SERVICES
VILLAGE OF NORTH PALM BEACH
CONTINUING PLANNING AND DESIGN SERVICES
NOVEMBER 2022
SCOPE OF SERVICES
The Village of North Palm Beach seeks to engage the Treasure Coast Regional Planning Council
(TCRPC) to assist the Village's Community Development Department with Planning and Design
Services.
The services shall include, but not be limited to, urban design, land development regulations,
architectural design review, technical assistance, professional training, geographic information
systems (GIS), stakeholder education, presentations, renderings, and meetings in support of the
Community Development Department.
TCRPC will provide incidental Planning and Design Services as described above on an hourly rate
basis as requested by the Village Manager or Director of the Community Development
Department.
In addition, TCRPC may be periodically requested to provide discrete scopes of work through
written Task Assignments from the Director of the Community Development Department or Village
Manager. Those Task Assignments shall be distinct piece of work, stand-alone projects and shall
be described in detail and accompanied by appropriate backup materials to outline the scope of
work required. An estimate of the number of hours required for completion of the assigned task
and a due date for deliverables shall also be provided to TCRPC with the Task Assignment.
TCRPC will review the Task Assignment, indicate acceptance with the signature of the Executive
Director of the TCRPC, and return it to the Village recognizing the assigned duties, associated fee,
and timeframe for completion.
FEES AND REIMBURSABLE EXPENSES:
Professional services described in this Scope of Services will be performed for an hourly rate of
$200.00 (Two Hundred and Zero Cents) per hour, up to a maximum of $50,000.00. The total
fee includes travel, out of pocket expenses (printing and reproduction costs), mail, couriers,
subconsultant costs, and other costs related to the services provided, and excludes advertising,
promotional, and meeting venue expenses.
ANTICIPATED SCHEDULE:
Services are expected to begin after execution of the Interlocal Agreement and continue from
time to time until terminated in accord with the Agreement or until no longer required by the
Village.
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