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HomeMy WebLinkAboutDocumentation_Regular_Tab 11_11/15/2021Agenda Item #11 0 Regular Council STAFF MEMO Meeting: Regular Council - Nov 15 2021 Staff Contact: Jeremy Allen, Village Manager Department: Manager Approve Inter -Local Agreement with Treasure Coast Planning Council to Provide a Public Design Charrette and Community Vision Master Plan Staff recommends entering into an agreement with Treasure Coast Regional Planning Council (TCRPC) to solicit public input, conduct a public design charrette, analyze potential redevelopment strategies, and provide recommendations for maintaining the desired community scale and character for the Village. The geographic study area for the project is roughly bounded by the Palm Beach County -Martin County Line to the north, US-1 to the east, the Village limits to the south, the Old Dixie-FEC corridor to the west, and will focus primarily on the commercial areas of the Village. The Scope of Services will include the following: • Undertake due diligence research to assess land use, planning, and physical conditions throughout the Village; • Conduct a structured series of public input activities, including stakeholder interviews, meetings with property owners, and presentations to the Village Council; • Conduct a four -day, on -site public design charrette to solicit input from the public on a range of topics including the appropriate scale and aesthetic of future redevelopment, the Dixie Highway and US-1 Corridors and any other areas of improvement; and • Develop a Master Plan document that illustrates design concepts and redevelopment strategies discussed with the community as well as steps for implementing the desired vision for the Village of Tequesta. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. BUDGETED AMOUNT: AVAILABLE AMOUNT: EXPENDITURE AMOUNT: $105)000 $105)000 $105)000 Additional Budgetary Information: Funding Source(s): ATTACHMENTS: Interlocal Agreement Tequesta and TCRPC - 11-3-2021 Teauesta Charrette Attachment A 11-3-2021 Page 234 of 433 Agenda Item #11 0 INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND THE TREASURE COAST REGIONAL PLANNING COUNCIL FOR A PUBLIC DESIGN CHARRETTE AND COMMUNITY VISION MASTER PLAN This Interlocal Agreement (herein referred to as "Agreement") is entered into this day of , 2021 by and between the Village of Tequesta (herein referred to as "the Village") 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. 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 Council is permitted to provide services to the Village as the Council is established by the State of Florida and considered a public agency in accordance with state law; and WHEREAS, the Village Council for the Village of Tequesta, Florida, has determined that soliciting public input, conducting a public design charrette, analyzing potential redevelopment strategies, and providing recommendations for maintaining the desired community scale and 1 Page 235 of 433 Agenda Item #11 0 character for the Village, to be in the best interests of the residents and businesses of the Village of Tequesta; and WHEREAS, the Village Council for the Village of Tequesta and the Council desire to enter into this Agreement to facilitate planning activities related to the subject sites generally bounded by the Palm Beach County -Martin County Line to the north, US-1 to the east, the Village limits to the south, the Old Dixie-FEC corridor to the west, and focused primarily on the commercial areas of the Village. 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 the Village with an analysis of potential redevelopment strategies, including public outreach and a public design charrette for commercial properties within the Village. B. The Village 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 Tequesta 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 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 Council shall fully perform the obligations identified in the Scope of Services contained in Attachment "A" of this Agreement to the satisfaction of the Village. 2 Page 236 of 433 Agenda Item #11 0 C. The Village and the Council 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: 1. Assist in the development of documents necessary to conduct the analysis; 2. Provide all necessary public notice as required by Florida Statutes; 3. Provide venues for all public workshops and meetings; and 4. Process all requests for reimbursement in a timely manner. SECTION 4. RECORD KEEPING A. The Council shall retain all records related to this Agreement for a time period consistent with the State of Florida Pubic Records Retention Schedule, as may be amended from time to time. B. The Council shall allow access to its records during normal business hours and upon reasonable advance requests of the Village, its employees and agents. SECTION S. 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 Council 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. 3 Page 237 of 433 Agenda Item #11 0 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 parties, and the other parties 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 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 & 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: Jeremy Allen, Village Manager Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469-0273 0 Page 238 of 433 Agenda Item #11 0 For the Council: 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 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 and submission of an invoice to the Village, shall be considered the Council's request for payment according to the project milestone schedule contained in Attachment "A". The Village shall pay the Council 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 Council. 5 Page 239 of 433 Agenda Item #11 0 SECTION IS. 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 Council 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 Council shall comply with all applicable 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 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 Council 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 Council or keep and maintain public records required by the Village to perform the services. If the Council transfers all public records to the Village 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 Z Page 240 of 433 Agenda Item #11 0 Council 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 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 VILLAGE CLERK LORI MCWILLIAMS, RECORDS CUSTODIAN FOR THE VILLAGE, AT: (561)768-0443; LMCWILLIAMS@TEQUESTA.ORG; 345 TEQUESTA DRIVE, TEQUESTA, FL 33469-0273. 7 Page 241 of 433 Agenda Item #11 0 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. ATTEST: 0 Lori McWilliams, Village Clerk ATTEST: 0 Phyllis Castro Accounting Manager Village of Tequesta 0 Honorable Frank D'Ambra Mayor, Village of Tequesta Approved as to form: Amity Barnard Assistant Village Attorney Treasure Coast Regional Planning Council 0 Thomas J. Lanahan Executive Director Approved as to form: Keith W. Davis General Counsel Page 242 of 433 Agenda Item #11 0 ATTACHMENT A SCOPE OF SERVICES PUBLIC DESIGN CHARRETTE AND COMMUNITY VISION MASTER PLAN TEQUESTA, FLORIDA SEPTEMBER 3, 2021 PROJECT DESCRIPTION: The Village of Tequesta (Village) seeks to engage the Treasure Coast Regional Planning Council (TCRPQ to solicit public input, conduct a public design charrette, analyze potential redevelopment strategies, and provide recommendations for maintaining the desired community scale and character for the Village. The geographic study area for the project is roughly bounded by the Palm Beach County -Martin County Line to the north, US-1 to the east, the Village limits to the south, the Old Dixie-FEC corridor to the west, and will focus primarily on the commercial areas of the Village. The Scope of Services will include the following: • Undertake due diligence research to assess land use, planning, and physical conditions throughout the Village; • Conduct a structured series of public input activities, including stakeholder interviews, meetings with property owners, and presentations to the Village Council; • Conduct a four -day, on -site public design charrette to solicit input from the public on a range of topics including the appropriate scale and aesthetic of future redevelopment, concepts for the Dixie Highway and US-1 Corridors and any other areas of improvement; a n d • Develop a Master Plan document that illustrates design concepts and redevelopment strategies discussed with the community as well as steps for implementing the desired vision for the Village of Tequesta. Page 1 of 9 Page 243 of 433 Agenda Item #11 0 SCOPE OF SERVICES Task 1: Staff Work Session #1 and Due Diligence Overview Staff Work Session #1 TCRPC will facilitate all staff work sessions and project coordination meetings needed for the project, beginning with Staff Work Session #1, which is to clarify the project schedule and goals; gather background data; review general market, infrastructure and development activity; identify stakeholders for interviews; and refine the project schedule as needed. The Village will provide all regulatory, project development history and activity, and other relevant data and GIS base map data as needed for the project. Additional staff work sessions will be scheduled throughout the course of the project to maintain clarity and consistency among all team members of the project mission and goals. Staff Work Session #1 will be scheduled with Village staff in the first month of the project following execution of the interlocal agreement. TCRPC will be responsible for logistics, agendas, facilitation, and meeting notes for all staff work sessions. Due Diligence Overview Base Documentation The TCRPC team will develop, with assistance from Village staff, necessary base documentation for the project to include GIS databases, aerial photography, ownership maps, permits, utilities, financial and infrastructure documents, and other data as appropriate. Site Reconnaissance The TCRPC team will conduct field work and site reconnaissance to develop a photo database and review on -site conditions. During field visits, TCRPC team members may schedule to meet with Village staff, property owners, residents, and other representatives to tour specific areas to gain a greater understanding of relevant issues. Task 1 Deliverables Specific deliverables will include: 1. Facilitation of Staff Work Session #1 and Documentation (Agenda, Sign -in Sheet, and Meeting Notes) 2. Project Memorandum including: a. Updated Project Schedule b. Due Diligence Components c. Summary of Site Reconnaissance d. Summary of Land Development and Infrastructure Conditions Page 2of9 Page 244 of 433 Agenda Item #11 0 Task 2: Stakeholder Interviews Stakeholder Interviews To further inform the analysis, the TCRPC team will conduct up to twenty (20) stakeholder interviews either at the Village offices or virtually. The interviews will be designed to further inform the TCRPC team as to the opportunities, challenges and desired vision for future growth and redevelopment within the Village. Interviewees are anticipated to include members of the Village Council, Village staff, property owners, investors, and residents as well as representatives of other public agencies as appropriate. Village staff will identify recommended interviewees, and TCRPC will be responsible for interview logistics, scheduling and facilitation. Task 2 Deliverables Specific deliverables will include: 1. Project Memorandum including: a. Listing of Stakeholder Interviewees b. General Summary of Interview Findings Task 3: Public Design Charrette In order to address the unique characteristics within the Village and in particular the commercial corridors, and to provide adequate public involvement and engagement, TCRPC will conduct a four -day, on -site, public design charrette. The charrette will be open to all who are interested, and attendance will not be restricted to one segment of the community or another. The TCRPC team will establish an on -site "studio" where the team will work for the duration of the charrette. The following is a detailed description of the charrette process. Saturday Public Design Workshop The public design workshop will be held on a Saturday morning in an easy -to -find, well-known location within the Village suitable for group gatherings and PowerPoint presentations. TCRPC staff will work closely with Village staff to best estimate projected attendance at the workshop in order to provide enough space and refreshments. The workshop space will be organized around 8-10 banquet tables (that accommodate 8-10 people each) with ample space for ease of movement around the tables. TCRPC will provide a team of architects and urban designers (8-10) who will serve as facilitators at each table. Their role will be to assist the participants in recording their ideas on paper. The workshop and presentations will be videoed and photographed. The agenda for the Saturday workshop is as follows: 1. Greetings and opening presentation Page 3of9 Page 245 of 433 Agenda Item #11 0 a. TCRPC staff to deliver a PowerPoint presentation on the workshop purpose, initial reconnaissance findings, and expectations for the day b. Coffee, water, and refreshments to be provided 2. Table sessions a. After the opening presentation, each table of participants will be asked to develop a map/drawing/list of their ideas and desires as related to the workshop program and study area. Each table will be provided with a detailed base map on which to develop their ideas b. Each table participant will sign their name on the document, and one member from the table (not a facilitator) will be selected by the group to present their ideas after lunch c. The TCRPC design team will work with each table to discuss and articulate their ideas. The design team will have been briefed on the area/regional findings beforehand d. Table sessions will last for 2-3 hours, until lunch is provided 3. Lunch a. Lunch and beverages will be provided to the workshop location b. Typically, teams will work through lunch if necessary 4. Table Presentations a. Each table will be asked to pin-up and present their ideas to the rest of the group via their selected presenter b. All workshop participants are asked to listen to each table presentation and provide comments and questions after each presentation c. The table presentations are a very valuable tool in getting community members to see consensus in seemingly disparate ideas 5. Wrap-up a. After the table presentations and all questions have been addressed, TCRPC staff will conclude by outlining the next steps for the process b. During the conclusion of the public design workshop, TCRPC staff will give clear instructions for the location of the public design studio and invite all to visit the studio during the following charrette week Page 4of9 Page 246 of 433 Agenda Item #11 0 Charrette Design Studio The charrette design studio is a workspace within the study area where the team will develop the ideas and solutions to issues discussed during the public design workshop. The team will work in the studio from Sunday until Tuesday evening when the Work -in -Progress presentation will be delivered. The studio will typically be open to the public from 9:00 am until 9:00 pm (with breaks for lunch and dinner). This open studio environment is a critical component of the public outreach process for developing the design scenarios for the subject area. Individuals who may have missed the Saturday session, or who have more to discuss, can come to the studio at their leisure. Experience has shown that providing this open working environment is greatly appreciated by the public who attend. Often community issues or concerns are revealed and addressed in the studio while working with the citizens. Work -in -Progress Presentation On Tuesday evening of the design charrette, the team will provide a Work -in -Progress presentation. This presentation will identify the issues raised the previous Saturday and chronicle how those issues were addressed. This will be the first comprehensive look at the developing design scenarios for the subject area. The presentation will be open to the public, there will be time for questions and answers, and the venue will be centrally located. Task 3 Deliverables Specific deliverables will include: 1. Complete the four -day, on -site, public design charrette 2. Deliver the charrette work -in -progress presentation 3. Develop specific area designs and an overall Master Plan The Village will be responsible for providing venues for the Saturday workshop, the design studio, and the work in progress presentation. Task 4: Develop Conceptual Redevelopment Masterplan and Strategic Recommendations Redevelopment Masterplan Working with Village staff and based on input derived through the design charrette, TCRPC will continue to develop support images and analyses illustrating the community vision. There will also be a review of existing codes, procedures and the potential for architectural design guidelines. The masterplan will include design scenarios which identify potential redevelopment quantities, renderings and analysis as needed. Page 5of9 Page 247 of 433 Agenda Item #11 0 Strategic Recommendations TCRPC will develop recommendations for implementing the vision which might include development incentives, strategies for historic preservation (if appropriate), and may include recommendations for revisions/updates to the Village's Comprehensive Plan and Land Development Regulations. The recommendations will consider the preferred mechanism for updating the regulations (i.e. overlay zones, limited -duration incentives, Village -initiated re- zoning, etc.). Task 4 Deliverables Specific deliverables will include: 1. Project Memorandum including: a. Redevelopment Scenarios b. Recommendations and implementation strategies Task 5: Project Report and Presentations to the Village Project Report TCRPC will assemble all project data, findings, recommendations, and implementation strategies into a draft Project Report that will include summaries of public input, all design concepts and renderings, and all work products developed in the tasks described above. The draft Project Report will be provided to staff for up -to two (2) rounds of consolidated edits, which will be incorporated into a final Project Report. Presentations to Village Council After the submittal of the Final Report, TCRPC will be available for up -to three (3) presentations to the Village Council and other Village Boards as directed. TCRPC will coordinate the scheduling and content of the presentations with Village staff. Task 5 Deliverables Specific deliverables will include: 1. Project Report (draft and final) 2. Village Council Presentations and Documentation Page 6 of 9 Page 248 of 433 Agenda Item #11 0 DELIVERABLES: DELIVERABLE FORMAT Project Memoranda, Agendas, Sign -In Electronic copies in Sheets and Meeting Notes from Staff Work MS Word &PDF formats Sessions GIS Maps and Data Tables Electronic copies in ArcGIS and PDF formats Project and Workshop Presentations Electronic copies in delivered throughout the process Power Point & PDF formats Redevelopment Concepts and Strategies for Electronic copy in Implementation PDF format Electronic copy in Project Report PDF format FEES AND REIMBURSABLE EXPENSES: Professional services described in this Scope of Services will be performed for a fixed fee of $105,,000.00 (One Hundred Five Thousand Dollars and Zero Cents). The total fee includes travel, out of pocket expenses (printing and reproduction costs), mail, couriers, subconsultant costs, and all other costs related to the professional services. TCRPC will provide all work and products, outlined in the scope above, payable per the following schedule. It does not include advertisement costs for any public hearings/workshops, meeting venue costs, or meeting refreshments. Additional presentations, meetings, or work beyond what is stipulated in the Scope of Services section of this Agreement will be billed at a rate of $200.00 (Two Hundred Dollars and Zero Cents) per hour. An Economic Market Study is not included in this Scope of Services. Revisions to the Village's Comprehensive Plan, Land Development Regulations, and the writing of ordinances or staff reports are not included in this Scope of Services. Page 7of9 Page 249 of 433 Agenda Item #11 0 PROJECT MILESTONE % PYMT AMT Notice to Proceed 10% $10,500.00 Task 3 Public Design Charrette 50% $52,500.00 (At completion of the four -day charrette) Task 4 Project Memorandum o $26,250.00 Draft Concept Plans and Recommended Implementation Strategies)25/0 � p p Task 5 Submittal of Final Report 15% $15,750.00 TOTAL 100% $105,000.00 ANTICIPATED SCHEDULE: An anticipated project schedule, contingent upon execution of the Interlocal Agreement in November 2021, is included as Attachment B. Page 8of9 Page 250 of 433 Agenda Item #11 0 3 Cr H O MO M E r. M a LM (1) M 2 M 4-0 OJ LM L. s V 0 .V a ------- -- - - - - - - - - - - - - ---- -------- - - - - N N N - - - - - - - -- - - - - - - - - - - - - ---- -------- - - - - LL- ------- -- ------------------------------- H N O N ------- 0 -- ---- ----- ---- --------- ---- J �r LLI 0 LLI J in LLI _ u �I L u LLI LLI O 0 Lu u 3:= LL. L 61 LL J - W LLI W -i 0 LLI LLJ - J M r.. 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