Res 2018-108 Agreement with Treasure Coast Regional Planning Council for U.S. Highway 1 Corridor UpdateRESOLUTION 2018-108
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 PLANNING ACTIVITIES RELATING TO THE U.S. HIGHWAY ONE
CORRIDOR AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,, Village Staff is in need to planning services to gather and analyze data and perform
public outreach necessary to make a recommendation to the Village Council regarding the
U.S. Highway One corridor and the proposal to reduce the corridor from a six -lane section to a
four -lane section with protected pedestrian and bicycle facilities, street trees and other pedestrian
amenities; 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
interlocal agreements for the performance of
exempt from purchasing policy restrictions; and
Statutes, permits public agencies to enter into
public functions, and interlocal agreement are
WHEREAS, Village Staff recommended executing an Interlocal Agreement with TCRPC to
perform the desired services, and 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 the Interlocal Agreement for the U.S. Highway One
Corridor Update 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 $61,500 with funds expended from Account No. A5206-33190
(Community Planning — Professional Services).
Section 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 13TH DAY OF DF�"�" �nrn o
(Village Seal)
ATTEST:
VILLAGE CLERK
INTERLOCAL AGREEMENT
BETWEEN THE VILLAGE OF NORTH PALM BEACH
AND THE TREASURE COAST REGIONAL PLANNING COUNCIL
FOR THE USI CORRIDOR UPDATE
This Interlocal Agreement (herein referred to as "Agreement") is entered in this day
of2018 by and between the Village of North Palm Beach (herein referred to as
"North Palm Beach") and the Treasure Coast Regional Planning Council (herein referred to as
"Council"), each constituting a public agency as defined in Part I of Chapter 163, Florida
Statutes; 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 needs 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 Council is permitted to provide services to North Palm Beach as it is
established by the state of Florida and considered a public agency in accordance with state law;
and
WHEREAS, North Palm Beach and the Council desire to enter into this Agreement to
facilitate planning activities for the US 1 Corridor.
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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 Council will
assist North Palm Beach with US 1 Corridor Update activities as described herein.
B. North Palm Beach and the Council 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 North
Palm Beach and the Council, the due execution thereof by the proper officer of the
Council and North Palm Beach, and the filing of a certified copy hereof with the Clerk of
the Circuit Court of Palm Beach County, Florida.
SECTION 3. SCOPE OF SERVICES
A. The Council shall fully perform the work, which has been requested by North Palm
Beach and which is specified in the Scope of Work contained in Attachment A of this
Agreement, in accordance with general industry standards and best practices.
B. As detailed in Attachment C, North Palm Beach shall:
1. Provide all available files, data, maps, and information upon request of the
Council.
2. Provide all necessary public notice as required by Florida Statutes.
3. Provide venues for all public workshops and meetings.
4. Process all requests for reimbursement in a timely manner.
C. Both North Palm Beach and the Council agree to be governed by applicable State and
Federal laws, rules, and regulations in the performance of their respective obligations
under this Agreement.
SECTION 4. FUNDING/CONSIDERATION
A. This is a fixed fee Agreement based on the scope of work as identified in Attachment A.
As consideration for performance of work rendered under this Agreement, North Palm
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Beach agrees to pay the Council a fixed fee not to exceed the fee schedule and
allowances provided for in Attachment A, including travel, attendance at all required
public meetings and workshops, out-of-pocket expenses (printing and reproduction
costs), film processing, mail, couriers, and other costs related to the services provided.
The amount to be paid by North Palm Beach may be reduced by funding provided by
other agencies; however, no such reduction is assured.
B. The satisfactory completion of deliverables by the Council, in accordance with general
industry standards and best practices, shall be considered the Council's request for
payment according to the schedule contained in Attachment A.
SECTION 5. RECORD KEEPING
A. All records submitted by the Council shall be kept for three years after the termination
of this Agreement and shall be sufficient and complete to verify compliance with the
requirements of this Agreement.
B. The Council shall allow access to its records during normal business hours and upon
reasonable advance requests of North Palm Beach, its employees and agents.
SECTION 6. INDEMNIFICATION
The Parties to this Agreement shall, to the extent permitted by law, save, defend,
reimburse, indemnify, and hold harmless each other, and each other's respective officers,
employees, servants or agents from its own negligence or willful misconduct and from
any and all claims, demands, damages, liabilities, causes of actions, legal or
administrative proceeds, 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 7. TERM; TERMINATION
This Agreement shall commence on the Effective Date and shall remain in full force and
effect until all deliverables are complete as identified in the Scope of Work and schedule
contained in Attachment A, and accepted by North Palm Beach, unless terminated earlier.
This Agreement may be terminated for convenience by either party by providing 30 days
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written notice as required by Section 8, to the other party. North Palm Beach shall be
obligated to pay the Council for only its work completed up to the date of termination
pursuant to this paragraph.
SECTION 8. NOTICE AND CONTACT
All notices required by 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:
Andy Lukasik, Village Manager
Village of North Palm Beach
501 US Highway 1
North Palm Beach, FL 33408
For the Council:
Thomas J. Lanahan, Executive Director
Treasure Coast Regional Planning Council
421 SW Camden Avenue
Stuart, FL 34994
SECTION 9. REMEDIES
No remedy herein conferred upon the Parties 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 10. 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.
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SECTION 11. 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 12. DELEGATION OF DUTY
Nothing contained herein shall deem to authorize the delegation of the constitutional or
statutory duties of the officers of North Palm Beach or the Council.
SECTION 13. EQUAL OPPORTUNITY PROVISION
North Palm Beach and the Council agree that no person shall, on the grounds of race, color,
creed, religion, sex, national origin, political affiliation, age, marital status, family status,
pregnancy, sexual orientation, or gender identity be excluded from the benefit of, or be
subject to, an form of discrimination under any activity carried out by the performance of the
Agreement.
SECTION 14. 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 15. 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 16. ENTIRETY OF AGREEMENT
This Agreement represents the entire understanding between the Parties. Modifications
of this Agreement may be requested by North Palm Beach or the Council. Changes,
which are mutually agreed upon, shall be valid only when reduced to writing, duly signed
by North Palm Beach and the Council and attached to the original Agreement.
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SECTION 17. PUBLIC RECORDS
IF THE COUNCIL HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE COUNCIL'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK(cr�,VILLAGE-
NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Agreement, the Council shall comply with all
relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701,
Florida Statutes, the Council shall:
A. Keep and maintain public records required by North Palm Beach to perform this service.
B. Upon request from North Palm Beach's custodian of public records, provide North Palm
Beach 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
Council does not transfer the records to North Palm Beach.
D. Upon completion of the Agreement, transfer, at no cost, to North Palm Beach all public
records in possession of the Council or keep and maintain public records required by
North Palm Beach to perform the services. If the Council transfers all public records to
North Palm Beach upon completion of the Agreement, the Council shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Council keeps and maintains public records upon
completion of the Agreement, the Council shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to North Palm
Beach, upon request from North Palm Beach's custodian of public records, in a format
that is compatible with the information technology systems of North Palm Beach.
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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:
Melissa Teal
Village Clerk
Mayor of North Palm Beach
Approved as to form:
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Leonard G. Rubin
Leonard G. Rubin, P.A.
Village Attorney
Treasure Coast Regional Planning Council
ATTEST:
By: By:
Phyllis Castro Thom s J. anahan
Accounting Manager Executive lector
Approved
Veith. Davis
General Counsel
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ATTACHMENT A
NORTH PALM BEACH - USI CORRIDOR UPDATE
VILLAGE OF NORTH PALM BEACH, FLORIDA
SCOPE OF SERVICES
NOVEMBER 30, 2018
PROJECT DESCRIPTION
The Village of North Palm Beach (Village) and the Treasure Coast Regional Planning Council
(Council) seek to update the Village USI traffic study and provide recommendations to support
enhanced multi -modal transportation, improved quality of life, and safer access along the USI
Corridor through the Village of North Palm Beach.
The project area for the work is focused on, but not limited to, the USI Corridor through the
Village's limits. Additional areas may be included if it is determined additional analyses would
benefit the US 1 Corridor master planning efforts.
The key elements of the project shall include:
• Updated traffic counts and traffic study regarding the US 1 Corridor;
• Public workshop to obtain public input;
• Public presentations to the Village Council regarding the project; and
• The creation of a Project Report, which considers updated traffic counts and traffic study,
roadway configuration alternatives, public input, and recommendations, and which
reflects the community's vision for the future of the corridor.
The Palm Beach Transportation Planning Agency (TPA) is anticipated to be a funding partner in
this effort. Work to be provided by Council through TPA funding will be further addressed in a
separate agreement between the TPA and Council.
The Palm Beach TPA recently completed the US 1 Multimodal Corridor Study, which evaluates
opportunities to improve multimodal transportation, safety, health factors, and access along USI
through Palm Beach County. The North Palm Beach subject section of USI is identified as a
"Tier One" priority within the TPA plan. Accordingly, TPA funding may be available in a future
year to assist in funding multimodal improvements on the corridor, including but not limited to
potential roadway reconfiguration, enhanced lighting and landscaping, and other design
elements. Given the TPA budget schedule, it is anticipated the planning efforts within this Scope
of Services would be designed to accompany a potential resolution by the Village Council to be
considered by May 2019 in order to be integrated into the TPA Long -Range Plan and budget
process.
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SCOPE OF SERVICES
Task 1: Project Kickoff Meetings
Project Meetings
Council will facilitate all project coordination meetings needed for project development and as
requested by the Village. The project kickoff meetings will ensure clarity and consistency among
all team members of the project mission and goals. Council will also encourage other agency
meetings including representatives from:
Village of North Palm Beach;
Florida Department of Transportation (FDOT);
Federal Highway Administration (FHWA);
Palm Beach Transportation Planning Agency (TPA);
Palm Beach County; and
Other agencies and local governments as appropriate.
Two project kickoff meetings, one with the Village and TPA and a second with the Village,
TPA, and other agency representatives, will be scheduled in the first month following execution
of the interlocal agreement. Council will be responsible for kickoff meeting logistics, agendas,
facilitation, and meeting notes. In addition, Council anticipates periodic project meetings to
occur throughout the project's development and presentation to the Village Council.
Deliverables
Specific deliverables will include:
1. Updated Project Schedule
2. Project Kickoff Meeting Agendas, Sign -in Sheets, and Meeting Notes.
Anticipated completion for Task I is January 2019.
Task 2: Agency Coordination and Traffic Study Update
Initial Agency Coordination
Council will facilitate coordination with all relevant agencies related to the project, including
those identified for the project kickoff meetings in Task 1.
Traffic Study Update
To advance discussions of the potential roadway reconfiguration, Council will provide, through
its subconsultants, updated traffic counts and an updated traffic study, utilizing the traffic study
prepared for the subject corridor in April 2017. The traffic study will include intersection counts,
updated traffic projections, and provide guidance as to the potential for roadway reconfiguration.
Traffic study methodology and reviews will be coordinated with the TPA and FDOT.
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Base Documentation
Council will begin developing, with assistance from the Village, FDOT, TPA, Palm Beach
County, and other agencies, necessary base documentation for the project to include: GIS
databases, aerial photography, ownership maps, permits, utilities, and other data as appropriate.
Field Wnrk
Council will conduct field work and site visits to develop a photo database and review on-site
conditions. During field visits, Council team members may schedule to meet with Village and
other representatives to tour specific areas to gain a greater understanding of relevant issues.
Deliverables
Specific deliverables will include:
1. Updated Project Schedule
2. Project Memorandum #1, including
a. Updated Traffic Counts
b. Updated Traffic Study
Anticipated completion for the draft Traffic Study Update is January 2019, and anticipated
completion for Task 2 is February 2019.
Task 3: Stakeholder Outreach & Public Workshop
Public Outreach Efforts
There will be coordinated public outreach efforts prior to the workshop to engender public
interest and a sense of ownership in the process. The public outreach efforts will continue as
needed throughout the development of project concepts.
Public Workshop
In order to address the unique characteristics in the Village of North Palm Beach, and to provide
adequate public involvement and engagement, Council will conduct a facilitated public
workshop. The workshop will be open to all who are interested, and attendance will not be
restricted to one segment of the community or another. The workshop will include an opening
presentation summarizing the due diligence findings, traffic data, opportunities and challenges,
and measures to enable workshop participants to work with Council facilitators to generate ideas
and record them for consideration as part of the project.
Deliverables
Specific deliverables will include:
1. Completion of Public Workshop
2. Project Memorandum #2, including
a. Workshop Documentation
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b. Summary of Public Input
Anticipated completionfor Task 3 is March 2019.
Task 4: Presentation of Draft Recommendations
Draft Recommendations
Council will consider traffic data, field assessments, and public and stakeholder input and
develop a set of draft roadway configuration concepts for the US 1 Corridor, including roadway
dimensions, intersections, multi -modal accommodations (e.g., transit, bicycle, pedestrian),
medians, lighting, landscaping, and other features as identified through the corridor analysis.
Draft corridor recommendations will be provided to Village staff for review, and upon receipt of
comments, final draft corridor recommendations will be presented to the public in a Village
Council workshop arranged by the Village. It is understood the materials may be considered for
endorsement by the Village Council by resolution.
Deliverables
Specific deliverables will include:
1. Draft Project Report with Recommendations & Resolution
2. Presentation of Project Report to Village Council
Anticipated completion for Task 4 is April 2019.
Task 5: Final Project Report with Recommendations
US Corridor Update Final Project Report
Following presentation to the Village Council, a Final Project Report will be developed and
provided to the Village in hard copy format and PDF format. Additional hard copies will be
made available for the cost of reproduction and administrative time. The Final Project Report
will include all final documentation of study, outreach, and Village Council and public input.
Deliverables
Specific deliverables will include:
1. Final Project Report with Recommendations & Project Documentation
Anticipated completion for Task 5 is June 2019.
I. Project Deliverables
1. TCRPC shall provide the Village with the following deliverables as final work
products:
a. Project Memorandum #1, including updated traffic counts and updated traffic
study.
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b. Project Memorandum #25 including documentation of the public workshop
and the input received.
c. Draft Project Report, including data from Project Memoranda, findings, and
conceptual recommendations, for which three color copies and one electronic
copy (PDF format) will be delivered to Village staff for distribution.
d. Final Project Report, including data from Project Memoranda, findings,
conceptual recommendations, and Village Council action, for which three
color copies and one electronic copy (PDF format) will be delivered to Village
staff for distribution.
e. PowerPoint Presentations: All presentations (kick-off, draft, etc.) will be
available in PowerPoint format immediately after they are presented.
f. Electronic copies of all pictures Opg or png format) taken during the
workshop and collected as part of the research.
NOTE: Any changes to municipal comprehensive plan(s), Land Development
Regulations, or any other policies necessary for the implementation of the USI
Corridor Update Recommendations are not part of this contract.
The Village may request additional print copies of deliverables upon payment to
Council of the actual reproduction cost and administrative time.
II. Fees and Reimbursable Expenses
1. Fees: The total fee for the North Palm Beach US 1 Corridor Update, as described
in the scope above, shall be $61,500. Funding for this effort will come from the
Village of North Palm Beach with potential assistance from the Palm Beach TPA.
The total fee includes travel, out of pocket expenses (printing and reproduction
costs), film processing, mail, couriers, and other costs related to the professional
services to be provided, including all sub -consultant costs. In the event that
funding is secured from the TPA to the Council, the amounts due from the North
Palm Beach will be adjusted accordingly.
2. Payment Schedule: The fee payments to the Council shall be according to the
following schedule:
• 20% ($12,300) of the professional fees due upon execution of this agreement.
• 50% ($30,750) of the professional fees due upon completion of Task 2
(Agency Coordination and Traffic Study Update)
• 20% ($12,300) of the professional fees due upon completion of Task 3
(Stakeholder Outreach and Public Workshop.
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• 10% ($6,150) of the professional fees due upon submittal of final project
report including final documentation of study, outreach and Village Council
action.
III. Anticipated Timeline
TCRPC anticipates project kickoff in January 2019, public design workshop in February
2019. An anticipated project schedule is included as Attachment B. Additional items to be
provided by the Village are included as Attachment C.
An anticapated project schedule, contingent upon exucution of the Interlocal Agreement in
December of 2018, is included in Attachment B.
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ATTACHMENT C
NORTH PALM BEACH - USI CORRIDOR UPDATE
VILLAGE TO PROVIDE
BASE INFORMATION:
• GIS data sets or AutoCAD file and hard copy to scale showing public rights-of-way,
easements, building footprints, edge of pavement of existing streets, lot lines (property
lines), street names, etc. of study area.
• Aerial, photograph (TIF or JPEG format) to scale of study area in digital and hard copy
formats. NOTE: The scale will be determined based on the scope of work and size and
location of the study area.
• Base information regarding engineering, drainage, and/or regulatory constraints of the
study area (if any).
• Zoning and Future Land Use Information (GIS data set, hard copy). Existing codes,
regulating plans or other adopted zoning requirements. Traffic counts for all main roads
(if available).
• Other master plans and all information of relevance to the study area.
GENERAL:
• Public Workshop Venue. The Village shall provide an appropriate location for the
public workshop event. This is essentially a large room that should seat 100 people (in
rectangular or round tables, @ 10 people per table) and should have audio/video
capability (screen and audio system). Since the public workshop generally occurs during
the day, the room needs to have the ability to be darkened. This room will be needed all
day on the date of the workshop.
• Food for Public Attending the Public Design Workshop. The Village shall provide
light refreshments for the public attending the public design workshop.
• Advertising Costs. Council will assist in the creation of flyers, development of press
releases, and other forms of advertising. Mailing and postage are the Village's
responsibility.
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