R2025-15 Interlocal Agreement with TCRPCRESOLUTION 2025-15
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 TO
UPDATE THE STRATEGIC PLAN AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Staff recommended executing an Interlocal Agreement with the Treasure Coast
Regional Planning Council ("TCRPC") to review and update the Village Strategic Plan; and
WHEREAS, TCRPC has provided the Village with a proposed cost and scope of work to perform
these services; and
WHEREAS, the Village Council determines that the execution of an Interlocal Agreement with
TCRPC is in the best interests of the Village and its residents.
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 to Develop a 2026
Strategic Plan 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 $30,000.00, with funds expended from Account No. A4902-33190 (Village Manager —
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repealed to the extent of such conflict.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.
PASSED AND ADOPTED THIS 8TH DAY OF MAY, 2025.
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MAY,&
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INTERLOCAL AGREEMENT
BETWEEN THE VILLAGE OF NORTH PALM BEACH
AND THE TREASURE COAST REGIONAL PLANNING COUNCIL
TO DEVELOP A
2026 STRATEGIC PLAN
This Interlocal Agreement (herein referred to as “Agreement”) is entered into this ____
day of ______________, 2025 by and between the Village of North Palm Beach (herein referred
to as “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.
W I T N E S S E T H:
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 Village Council of the Village of North Palm Beach, Florida, has
determined that analysis of existing conditions and trends in the Village, including in relation to
the Village Master Plan, and solicitation of public input to identify and refine policy priorities and
update the Village’s Strategic Plan to be in the best interests of the residents and businesses of the
Village of North Palm Beach; and
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WHEREAS, the Village of North Palm Beach 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 an analysis of existing conditions and solicitation of public input,
culminating in an updated Strategic Plan.
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 Village Council of the
Village of North Palm Beach and the Executive Director of the Treasure Coast Regional
Planning Council, the due execution thereof by the proper officer of the Village of North
Palm Beach 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 end when the
deliverables are complete as identified in the Anticipated Project Schedule contained in
Attachment “B” unless terminated earlier in accordance with Section 5.
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. The
TCRPC shall complete the tasks in accordance with the “Anticipated Project Schedule”
contained in Attachment “B” unless changes are mutually agreed upon and reduced to
writing.
C. The Village and the TCRPC agree to be governed by applicable State and Federal laws,
rules, and regulations.
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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:
1. Assist in the development of documents necessary to conduct the analysis and
update the Strategic Plan;
2. Provide all necessary contact information, distribution lists, and assistance in
posting information on the Village’s website;
3. Provide all necessary public notice as required by Florida Statutes;
4. Provide venues for all public workshops and meetings; and
5. 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.
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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 actions,
legal or administrative proceedings, judgments, interest, attorney’s fees, costs and expenses
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 8. 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 North Palm Beach:
Chuck Huff, Village Manager
Village of North Palm Beach
501 US Highway 1
North Palm Beach, FL 33408
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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 a fixed fee Agreement based on the Scope of Services as identified in Attachment
A.” As consideration for performance of work rendered under this Agreement, the Village
agrees to pay the TCRPC a fixed fee of Thirty Thousand Dollars and Zero Cents
30,000.00); which includes travel, attendance at all required public meetings and
workshops, 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 deliverables 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 according to the project milestone schedule
contained in Attachment “A”. The Village shall pay the TCRPC within thirty (30) days of
receipt of an invoice.
C. Additional services may be provided by the TCRPC to the Village following a written
amendment to this Agreement for such services based on a flat fee of Two Hundred Dollas
and Zero Cents ($200.00) per hour.
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.
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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.
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 119.0701,
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
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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 THE VILLAGE CLERK JESSICA
GREEN, RECORDS CUSTODIAN FOR THE VILLAGE, AT: (561)
841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 US HIGHWAY
1, NORTH PALM BEACH, FL 33408.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth
above.
Village of North Palm Beach
ATTEST:
By: ________________________ By: _____________________________
Jessica Green Deborah Searcy
Village Clerk Mayor of the Village of North Palm Beach
Approved as to form and legal sufficiency:
By: _____________________________
Leonard G. Rubin
Village Attorney
Treasure Coast Regional Planning Council
ATTEST:
By: _________________________ By: _________________________
Phyllis Castro Thomas J. Lanahan
Accounting Manager Executive Director
Approved as to form:
By: _____________________________
Keith W. Davis
General Counsel
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