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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 All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict.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. Page 1 of 2 PASSED AND ADOPTED THIS 14TH DAY OF NOVEMBER, 2022. P/y� pRA riV�� '9 ge Seal) ••:��. FLORIDA ATTEST: n 0 VILLAGE CLERK Page 2 of 2 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 1 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: 2 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 3 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 4 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. 5 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. 7 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above. ATTEST: By: / \ Va ca Green ge Clerk Village of North Palm Beach By: Honorable Deb rah earcy Mayor RT/1 A 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 A W, 0 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. Page 1 of 1