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R2021-57 Interlocal Agreement with TCRPC for Development of Complete Streets and Beautification PlanRESOLUTION 2021-57 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 THE DEVELOPMENT OF A COMPLETE STREETS AND BEAUTIFICATION PLAN FOR THE U.S. HIGHWAY ONE CORRIDOR NORTH OF THE PARKER BRIDGE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, based on input from the community regarding the need for various improvements on the U.S. Highway One corridor north of the Parker Bridge to the Village's northern boundary, Village Staff recommended engaging the services of the Treasure Coast Regional Planning Council for the development of a complete streets and beautification plan; 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/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 agreements are exempt from purchasing policy restrictions; and WHEREAS, TCRPC has proposed an Interlocal Agreement to perform the requested 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 an Interlocal Agreement with the Treasure Coast Regional Planning Council for the development of a complete streets and beautification plan for U.S. Highway One north of the Parker Bridge to the Village's northern boundary, 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 by the Village shall not exceed $34,050.00 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 8TH DAY OF JULY, 2021. � (Village f g Seal) NtMYOR ATTEST: VILLAGE CLERK INTERLOcAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND THE TREASURE COAST REGIONAL PLANNING COUNCIL FOR THE US1 CORRIDOR NoRTH This Interlocal Agreement (herein referred to as "Agreement") is entered into this day of -401%1 , 2021 by and between the Village of North Palm Beach (herein referred to as "North Pam 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 the Council 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 complete street and beautification planning activities for the US 1 Corridor North. 1 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 USI Corridor North complete street and beautification planning 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 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. 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. 2 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 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), mail, couriers, and other costs related to the services provided. 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 3 earlier. This Agreement may be terminated for convenience by either party by providing 30 days 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. 11 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, any 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 13. 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. R 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@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. on t�I`1�1''W�TNESS WHEREOF, the Parties have executed this Agreement as of the date set 7 r` By: 0e ica Green Vi age Clerk ATTE : ;Y11--� By: y. hyllis Castro Tho as anahan Accounting Manager Executive 'rector x, Approved o for Village of North Palm Beach � � fj� r .. cx � By: Darryl Aubre - Mayor of Nort Palm Beach Approved as to form: Leonard G. Rubin =d_G, F.ubin,..l?A. Village Attorney Treasure Coast regional Planning Council M ATTACHMENT A NORTH PALM BEACH USI CORRIDOR NORTH COMPLETE STREETS/BEAUTIFICATION PLAN SCOPE OF SERVICES JUNE 18, 2021 PROJECT DESCRIPTION The Village of North Palm Beach (Village) and the Treasure Coast Regional Planning Council (TCRPC) seek to evaluate US 1 in the Village, obtain input from community representatives, and consider various complete streets and beautification improvements to support improved safety, mobility, and appearance. The project area for the work is focused on the USI Corridor from the northern Village limits south to the Parker Bridge (referred to as "US 1 North" herein), including the road right-of-way and abutting private properties. 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: • Confirmation of existing conditions, plans, and improvements • Project coordination meetings with Village staff • Public meetings with community stakeholders as identified by the Village • Agency coordination with Palm Beach County, the City of Palm Beach Gardens, Palm Beach Transportation Planning Agency, and Florida Department of Transportation • Public presentation to the Village Council regarding the project • Completion of a complete streets/beautification plan SCOPE OF SERVICES Task 1: Kickoff and Due Diligence TASK 1.1: Staff Meeting #1: Proiect Kickoff TCRPC will facilitate all project coordination meetings needed for project development and stakeholder participation. The project coordination meetings will ensure clarity and consistency among all team members of the project mission and goals. A project kickoff meeting (Staff Meeting #1) will be scheduled with Village staff in the first month following execution of the interlocal agreement. TCRPC will be responsible for kickoff meeting logistics, agendas, facilitation, and meeting notes. Additional staff coordination meetings will be conducted in a similar manner throughout the project schedule as noted herein. TASK 1.2: Document Review and Base Map Preparation TCRPC will review background documents as provided by Village staff, including the Comprehensive Plan, Land Development Regulations, property ownership maps, site plans, infrastructure and utilities data, and other documents as deemed appropriate by the Village as well as FDOT right-of-way maps. Subsequently, TCRPC will develop base documentation for the corridor plan representing appropriate data for the planning process. TASK 1.3: Field Work TCRPC will conduct field work and site visits to develop a photo database and review on-site conditions. During field visits, TCRPC team members will schedule to meet with Village staff and other representatives to tour specific areas to gain a greater understanding of relevant issues and opportunities. TASK 1: Deliverables Specific deliverables will include: 1. Updated Project Schedule 2. Facilitation of Project Kickoff Meeting (Staff Meeting #1) 3. Project Kickoff Meeting Agenda, Sign -in Sheet, and Meeting Notes 4. Project Base Map Task 2: Public and Agency Outreach There will be coordinated public outreach efforts through the development of the plan to engender public interest and a sense of ownership in the process. The public outreach efforts will continue as needed throughout the development of the corridor plan. TASK 2 1 • Agency Stakeholder Meetings #1-4: Review of Conditions & Plans To review background conditions, anticipated improvements, opportunities, and constraints, a series of four agency stakeholder virtual meetings will be facilitated with representatives from Palm Beach County, City of Palm Beach Gardens, Palm Beach Transportation Planning Agency, and Florida Department of Transportation. Village staff will be encouraged to participate in the agency stakeholder meetings. TCRPC will be responsible for meeting logistics, facilitation, and meeting notes. TASK 2.2: Community Stakeholder Meeting; #1: Identification of Opportunities To identify opportunities for corridor improvements, a meeting will be held with community stakeholders along the corridor, including business and property owners, as identified by the Village. Village staff will be encouraged to participate in the community stakeholder meeting. TCRPC will be responsible for meeting logistics, facilitation, and meeting notes, and the Village will be responsible for the meeting venue, public notice, and refreshments. 2 TASK 2.3: Staff Meeting #2 — Review of Agency/Community Input A second staff meeting (Staff Meeting #2) will be scheduled with Village staff following the agency and community stakeholder meetings to review findings, identify additional data needs, and revise the project base map as needed. This meeting will be held virtually. TCRPC will be responsible for the meeting logistics, agenda, facilitation, and meeting notes. TASK 2: Deliverables Specific deliverables will include: 1. Facilitation of Agency and Community Stakeholder Meetings (Agency Meetings #1- #4, Community Meeting #1) 2. Meeting Agendas, Sign -in Sheets, and Meeting Notes 3. Revised Project Base Map (if needed) Task 3: Complete Streets/Beautification Plan Development and Presentation TASK 3.1: Draft Complete Streets/Beautification Plan Based on input gathered in public outreach and an assessment of corridor conditions, opportunities, challenges, and constraints, TCRPC will develop a draft Complete Streets/Beautification Plan that identifies conceptual improvements within the public right-of- way and on adjacent private parcels. The plan will include a scaled corridor plan in Autocad as well as perspectives and cross-sections to illustrate key improvements. TASK 3.2: Staff Meeting#3 — Review of Draft Plan A third staff meeting (Staff Meeting #3) will be scheduled with Village staff to review the draft Complete Streets/Beautification Plan and obtain additional staff input. Based on staff input, TCRPC will revise the draft plan as appropriate. TASK 3.3: Public Agency Review of Draft Plan TCRPC will transmit the revised draft plan to Palm Beach County, City of Palm Beach Gardens, Palm Beach Transportation Planning Agency, and Florida Department of Transportation for review and comments. If requested, virtual meetings will be arranged with agency representatives. Based on agency input, TCRPC will revise the plan as appropriate. TASK 3.4: Community Stakeholder Meeting #2: Presentation of Draft Plan A second community stakeholder meeting (Community Meeting #2) will be held with community stakeholders along the corridor to review the improvements identified in the draft plan. TCRPC will be responsible for meeting logistics, facilitation, and meeting notes, and the Village will be responsible for the meeting venue, public notice, and refreshments. Based on community input, TCRPC will revise the plan as appropriate. 3 TASK 3.5: Final Complete Streets/Beautification Plan & Village Council Presentation Based on agency and community input gathered through agency review and Community Meeting #2, TCRPC will develop a final Complete Streets/Beautification Plan that identifies conceptual improvements within the public right-of-way and on adjacent private parcels. The plan will include a scaled corridor plan in Autocad as well as perspectives and cross-sections to illustrate key improvements. TCRPC will also develop a PowerPoint presentation summarizing the project process, outreach, findings, and recommendations. TASK 3.6: Staff Meeting #4 — Review of Final Plan and Village Council Presentation A fourth staff meeting (Staff Meeting #4) will be scheduled with Village staff to review the final Complete Streets/Beautification Plan and Village Council presentation. Based on staff input, TCRPC will revise the final plan and presentation as appropriate. TASK 3.7: Village Council Presentation In coordination with Village staff, TCRPC will provide an overview presentation to the Village Council detailing the project process, outreach, findings, and recommended Complete Streets/Beautification Plan. TASK 3: Deliverables Specific deliverables will include: 1. Draft Complete Streets/Beautification Plan 2. Facilitation of Public Agency Reviews and Community Meeting #2 3. Staff Meetings #3 and #4 4. Meeting Agendas, Sign -in Sheets, and Meeting Notes 5. Final Complete Streets/Beautification Plan 6. Village Council Presentation DELIVERABLES: DELIVERABLE FORMAT Agendas, Sign -In Sheets and Meeting Notes Electronic copies in MS Word & PDF from Staff and Agency Work Sessions formats Base Map and Draft Complete Street / Electronic copies in AutoCad & PDF Beautification Plan formats Electronic copies in Power Point & PDF Project and Workshop Presentations formats Electronic copies in Autocad & PDFformats Final Complete Street /Beautification Plan El FEES AND REIMBURSABLE EXPENSES: 1. Fees: The total fee for the North Palm Beach US 1 Corridor North Complete Streets/Beautification Plan as described in the scope above shall be $34,050. The total fee includes travel, out of pocket expenses (printing and reproduction costs), mail, couriers, and other costs related to the professional services to be provided, including all sub -consultant costs. 2. Payment Schedule: The fee payments to the Council shall be according to the following schedule: • 20% ($6,810) of the professional fees due upon execution of this agreement. • 40% ($13,620) of the professional fees due upon completion of Task 2 (Public and Agency Outreach) • 20% ($6,810) of the professional fees due upon completion of Task 3.1 (Draft Complete Streets/Beautification Plan) • 20% ($6,810) of the professional fees due upon completion of Task 3.7 (Village Council Presentation of final Complete Streets/Beautification Plan) ANTICIPATED SCHEDULE An anticipated project schedule, contingent upon exucution of the Interlocal Agreement in June 2021, is included as Attachment B. ATTACHMENT B NORTH PALM BEACH - US1 CORRIDOR NORTH COMPLETE STREETS/BEAUTIFICATION PLAN ANTICIPATED PROJECT SCHEDULE PALM BEACH - US -1 NORTH - COMPLETE STREETS/BEAUTIFICATION OPPORTUNITIES PLAN (PARKERNORTH . NORTHERN VILLAGE PROJECT TASKS 2021 JUL AUG SEP OCT NOV DEC TASK ONE: KICKOFF 1-1 Staff Meeting # 1: Project Kick-off 1-2 Document Review & Base Map Preparation 1-3 Field Work to Verify/Photograph Conditions TASK . PUBLIC& AGENCY OUTREACH 2-1 Public Agency Stakeholder Meetings # 1, 2, 3 & 4: Review of Conditions/Plans 2-2 Community Stakeholder Meeting # 1: Identification of Opportunities 2-3 Staff Meeting # 2: Review of Agency/Community Input COMPLETETASK THREE: . •. .. • 3-1 Develop Draft Complete Streets/Beautification Opportunities Plan (Draft Plan) 3-2 Staff Meeting # 3: Review of Draft Plan 3-3 Public Agency Stakeholder Review: Review of Draft Plan 3-4 Community Stakeholder Meeting # 2: Review of Draft Plan 3-5 Develop Final Complete Streets/Beautification Opportunities Plan 3-6 Staff Meeting # 4: Review of Final Plan & Village Council Presentation 3-7 Village Council Presentation ATTACHMENT C NORTH PALM BEACH - US1 CORRIDOR NORTH COMPLETE STREETS/BEAUTIFICATION PLAN VILLAGE TO PROVIDE BASE INFORMATION: • AutoCAD files and hard copies 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 and corridor photographs (TIF or JPEG format) to scale of study area in digital and hard copy formats. • Base information regarding engineering, stormwater, 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). • Site plans and as -built drawings for properties along corridor. GENERAL: • Community Stakeholder Meetings Venue and Refreshments. The Village shall provide an appropriate location and refreshments for the community meetings. • Advertising Costs. Council will assist in the creation of flyers, development of press releases, and other forms of advertising. Costs associated with public notice, mailing, and postage are the Village's responsibility. 7