Loading...
HomeMy WebLinkAboutAgreement_Interlocal_11/15/2021_Treasure Coast Regional PlanningINTERLOCAL 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 I S day of �3 &AXMbA-% , 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 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 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 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 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 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 parry'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 8. SEVERABILITY Should any provision of this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, the same shall be deemed stricken here from and all other terms and conditions of this Agreement shall continue in full force and effect as if such invalid provision had never been made a part of the Agreement. SECTION 9. ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between the parties. This Agreement may be modified and amended only by written instrument executed by the parties hereto in accordance with Section 3. SECTION 10. NOTICE AND CONTACT All notices provided under or pursuant to this Agreement shall be in writing, delivered either by hand, overnight express mail, or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth below: For the Village: Jeremy Allen, Village Manager Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469-0273 4 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. E 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(1 1), 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 R 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 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. ATTEST: By: Lori McWilliams, Village Clerk PGORP Oq SEAL INCORPORATED 4, ATTEST: In Phyllis Castro Accounting Manager Village of Tequesta By: (:�A Honorable Frank D'Ambra Mayor, Village of Tequesta Approved as to form: Amity Barnard Assistant Village Attorney Treasure Coast Regional Planning Council L-fi Thomas J. Lanahan Executive Director Approved as to form: I: Keith W. Davis General Counsel 8