HomeMy WebLinkAboutAgreement_General_10/09/2014 PROVISION OF SERVICES AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND
THE TREASURE COAST REGIONAL PLANNING COUNCIL
THIS AGREEMENT, entered into on the 6 � day of October 2014, effective upon execution
by both parties, by and between the Village of Tequesta, a municipal corporation with offices located at
345 Tequesta Drive, Tequesta, Florida 33469, organized in accordance, with the laws of Florida,
hereinafter referred to as the "VILLAGE" and the Treasure Coast Regional Planning Council , a Florida
not for profit organization created by interlocal agreement between Indian River, St. Lucie, Martin, and
Palm Beach counties with offices located at 421 SW Camden Avenue, Stuart, Florida 34994, hereinafter
referred to as "TCRPC ".
WHEREAS, the VILLAGE desires to implement upgrades to its U.S. Highway #1 corridor
between Beach Road and the Martin County Line, and is in need of planning and urban design services to
effectuate such upgrades; and
WHEREAS, TCRPC was created for the purpose of providing planning and technical assistance
related to growth management for the governments within its jurisdiction, including the VILLAGE, and is
uniquely qualified to provide the VILLAGE with the planning and urban design services it needs; and
WHEREAS, TCRPC is willing and able to provide the VILLAGE with such planning and urban
design services in accordance with the terms and conditions contained in this Agreement; and
WHEREAS, the VILLAGE desires to enter into this Agreement with TCRPC for planning and
urban design services in order to implement upgrades to its U.S. Highway #1 corridor between Beach
Road and the Martin County Line, and promote the public health, safety and welfare.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good
and valuable consideration of which the parties hereto acknowledge, the parties agree as follows:
1. Recitals: The above recitals are true and correct and are incorporated herein by
reference.
2. Scope of Services: TCRPC shall provide planning and urban design services to the VILLAGE for
the VILLAGE'S U.S. Highway #1 corridor between Beach Road and the Martin County Line, as
specified fully in the TCRPC proposal dated September 30, 2014, attached hereto and incorporated herein
by reference as Exhibit A.
TCRPC agrees, warrants, covenants, and represents that all products, work, and services that it shall
perform pursuant to this Agreement shall be free from all defects and done in a workmanlike manner.
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The parties hereto agree that time is of the essence, and TCRPC agrees to provide the services that are
provided for in this agreement in a timely fashion.
3. Compensation: The total compensation to be paid by the VILLAGE for all work contemplated
by this Agreement shall not exceed Eighty Thousand Dollars ($80,000.00). It is contemplated that
matching funds in the amount of Fifty Thousand Dollars ($50,000.00) will be provided by the Palm
Beach County Metropolitan Planning Organization (the "MPO "); however, the provision of less or no
matching funds by the MPO will not cause the amount of compensation to be provided by the VILLAGE
to increase.
The amount of compensation to be provided by the VILLAGE may be reduced by funding provided by
the Florida Department of Transportation or other agencies; however, no such reduction is assured.
The VILLAGE'S fee disbursement to TCRPC shall be as set forth in Exhibit A.
4. Term: It is contemplated that all services to be rendered by TCRPC pursuant to Exhibit A shall
be completed in approximately six months from the commencement of work. It is understood and agreed
by the VILLAGE that this schedule is dependent upon the provision of information, comments, etc. in a
timely manner. The specific information that is required to be provided by the VILLAGE to TCRPC is
attached hereto and incorporated herein by reference as Exhibit B. .
5. Termination: This Agreement shall automatically terminate upon the provision of all services
and deliverables contemplated by Exhibit A, and acceptance of same by the VILLAGE. Additionally,
this agreement may be terminated by either party upon thirty (30) days' prior written notice to the other
party. Upon any such termination, TCRPC shall be paid for the provision of all services and deliverables
up to the date of termination.
6. Waiver: A waiver by either the VILLAGE or TCRPC of any breach of this Agreement shall not
be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such
a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making
or acceptance of a payment by either party with knowledge of the existence of a default or breach shall
not operate or be construed to operate as a waiver of any subsequent default or breach. Further, a written
waiver in part shall not constitute a waiver of any other part of this Agreement.
7. Severability: The invalidity, illegality, unenforceability of any provision of this Agreement, or
the occurrence of any event rending any portion or provision of this Agreement void shall in no way
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affect the validity or enforceability of any other portion or provision of the Agreement. Any void
provision shall be deemed severed from the Agreement, and the balance of the agreement shall be
construed and enforced as if the agreement did not contain the particular portion or provision held to be
void. The parties further agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision. The provisions of this
section shall not prevent the entire Agreement from being void should a provision, which is of the essence
of the Agreement, be determined to be void.
8. Applicable Law / Venue: This Agreement shall be construed in accordance with the laws of the
State of Florida. Should any dispute arise from this agreement, venue shall lie in Palm Beach County,
Florida.
9. Notice: Any notice, demand, communication, or request required or permitted hereunder shall be
in writing and delivered in person or sent by certified mail, postage prepaid as follows:
To the VILLAGE: Village of Tequesta, 345 Tequesta Drive, Tequesta, Florida 33469; Attn: Michael
Couzzo, Village Manager
To TCRPC: Treasure Coast Regional Planning Council, 421 SW Camden Avenue, Stuart, Florida 34994,
Attn: Michael Busha, Executive Director.
Notices shall be effective when sent to the addresses as specified above and as provided here in. Changes
in the respective addresses to which such notice is to be directed may be made from time to time by either
party by written notice to the other party.
10. Binding Effect: This Agreement is binding upon the parties hereto, their heirs, successors, and
assigns.
11. Agreement Drafting: This Agreement shall not be construed against the party who drafted the
same as all parries to this Agreement have had legal and business experts review the adequacy of the
same.
12. Amendments: This Agreement may not be modified or amended unless such modifications or
amendments are evidenced in writing, signed by both the VILLAGE and TCRPC. Such modifications
shall be in the form of a written amendment executed by both parties with the same formality as this
Agreement is executed
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13. Office of Inspector General: Pursuant to Article XII of the Palm Beach County Charter, the
Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit
municipal contracts and other transactions, and make reports and recommendations to municipal
governing bodies based on such audits, reviews or investigations. All parties doing business with the
VILLAGE shall fully cooperate with the inspector general in the exercise of the inspector general's
functions, authority and power. The inspector general has the power to take sworn statements, require the
production of records and to audit, monitor, investigate and inspect the activities of the VILLAGE, as
well as contractors and lobbyists of the VILLAGE in order to detect, deter, prevent and eradicate fraud,
waste, mismanagement, misconduct and abuses.
14. Public Records: In accordance with Sec. 119.0701, Florida Statutes, TCRPC must keep and
maintain this Agreement and any other records associated therewith and that are associated with the
performance of the work described in the Scope of Services. Upon request, TCRPC must provide the
public with access to such records in accordance with access and cost requirements of Chapter 119,
Florida Statutes. Further, TCRPC shall ensure that any exempt or confidential records associated with
this Agreement or associated with the performance of the work described in the Scope of Services are not
disclosed except as authorized by law. Finally, TCRPC shall retain the records described in this
paragraph throughout the performance of the work described in the Scope of Services, and at the
conclusion of said work, transfer to the VILLAGE, at no cost to the VILLAGE, all such records in the
possession of TCRPC and destroy any duplicates thereof. Records that are stored electronically must be
transferred to the VILLAGE in a format that is compatible with the VILLAGE'S information technology
systems.
15. Conflicts of Interest: This Agreement is subject to any and all applicable conflict of interest
provisions found in the policies or Code of Ordinances of the VILLAGE, the Palm Beach County Code of
Ethics and Ch. 112, Part 111, Florida Statutes. During the term of this Agreement and any renewals or
extensions thereof, TCRPC shall continue to disclose to the VILLAGE any possible conflicts of interests.
TCRPC'S duty to disclose is of a continuing nature and any conflict of interest shall be immediately
brought to the attention of the VILLAGE.
16. Entire Agreement: the VILLAGE and TCRPC agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other than those stated
herein. This Agreement supersedes all prior agreements, contracts, proposals, representations,
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negotiations, letters, or other communications between the VILLAGE and TCRPC pertaining to this
Agreement, whether written or oral.
IN WITNESS WHEREOF, the VILLAGE and TCRPC have executed this agreement all as of
the day and year first above written.
WITNESSES ( TCRPC) TREASURE COAST REGIONAL PLANNING
COUNCIL
1
Michael Busha, Executive Director
2
Printed Name
Date
WITNESS (VILLAGE) VILLAGE OF TEQUESTA
1
igai ennan,
`„aaaau Mayor
ATTEST: ,'�� • � . OF • 7-� Q ,� ' �� ,
O .TP 4' Lori McWilliams, Village Clerk
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INCORPORATED = Date (Dligl
4
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negotiations, letters, or other communications between the VILLAGE and TCRPC pertaining to this
Agreement,whether written or oral.
IN WTTNESS WHEREOF,the VILLAGE and TCRPC have executed this agreement all as of
the day and year first above written.
WITNESSES (TCRPC) TREASURE COAST REGIONAL PLANNING
COUNCIL .
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Date ��� z� � � `(
WI'TNESS (VILLAGE) VII.LAGE OF TEQUESTA
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Mayor
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September 30, 2014
The Honorable Abby Brennan, Mayor
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469 -0273
Subject: Town Planning Service Agreement
Dear Mayor Brennan:
Thank you for considering the Treasure Coast Regional Planning Council (TCRPC) to
provide the Village of Tequesta with planning and urban design services for the US 1
corridor, from Beach Road to the Martin County line (see Attachment A). Council is
submitting this proposed contract setting forth a scope of services, together with a proposed
fee to perform such services.
Scope and Schedule
The services described herein shall be for the provision of planning and urban design
services for the Village of Tequesta for the creation of a corridor study to design and test
options to transform US 1, between Beach Road and the Martin County Line into a
complete street that appropriately supports multi -modal transportation and adjacent
development and provides aesthetic enhancement to the area. The study will identify, test,
and illustrate a balanced mobility strategy, including recommended street, landscaping,
lighting, signage, and parking improvements for the US 1 corridor.
The services described herein shall begin upon execution of this contract and shall continue
for approximately six months between the Village of Tequesta, hereafter referred to as the
Village and TCRPC, hereafter referred to as Council. The schedule relies heavily upon the
Village providing the needed contacts, base information, and review comments /edits within
a timely manner (see Attachment B)
"Bringing Communities Together" • Est.1976 11
. E x A
421 SW Camden Avenue - Stuart, Florida 34994 C
Phone (772) 221 -4060 - Fax (772) 221 -4067 - www.tcr
Work Products/Deliverables
In partnership with the Village, the Council will:
a. Facilitate a Project Host Committee, with members selected by the Village Council,
to assist in the identification of key issues and logistics;
b. Conduct up to twenty interviews with local residents, Village staff, business and
property owners, key stakeholders, and relevant public agency staff to identify key
issues and concerns;
c. Conduct a one -day public design workshop to garner public input regarding issues;
concerns, opportunities, and desired physical improvements;
d. Provide a detailed, fully illustrated, scaled Master Plan for the US 1 corridor,
including the following:
1. street design options, including travel and turn lane configurations, on- street
parking, bicycle routes, and sidewalk, lighting, and landscaping improvements;
2. methods and opportunities to improve multi-modal connections between US 1
and the adjoining properties and neighborhoods; and
3. incorporation of long -term development plans for major property owners in the
area, as provided by the Village.
e. Provide a series of to -scale street cross - section diagrams of recommended
improvements within the US corridor right -of -way.
f. Provide a cursory analysis of the likely development pattern engendered by the
Village land development regulations and submit general recommendations for any
updates necessary to realize the Village's vision for the corridor.
g. Provide two fiilly rendered perspective illustrations of the proposed improvements;
h. Complete Florida Department of Transportation District Four's Lane Elimination
and Approval Process, as appropriate;
L Coordinate with other public entities, including Palm Beach County, Martin County,
Town of Jupiter, and the Palm Beach Metropolitan Planning Organization; and
j. Conduct one work -in- progress presentation for the Village Council to present the
initial Master Plan and recommendations. Revise the Master Plan and
recommendations per Village Council comments and submit a revised Master Plan,
recommendations, and final report to the Village.
k. Attend, present, and participate in one Village Council public hearing for
distribution of the final Master Plan, recommendations, and report to the Council.
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Fees and Reimbursable Expenses
Professional services described in this proposal will be performed for a fixed fee in the
amount of $80,000, and only in combination with matching money of a minimum of
$50,000 provided by the Palm Beach Metropolitan Planning Organization. The fee for the
Village may be reduced by funding provided by the Florida Department of Transportation or
others for the defined scope of work. The fee includes travel, out of pocket expenses
(printing and reproduction costs), mail, couriers, and other costs related to the professional
services Council is providing, payable according to the following schedule. It does not
include advertisement costs for the above mentioned public hearings /workshops, food to be
provided to the public attending public hearings /workshops, or rental of space associated
with public hearings /workshops (should it be necessary). 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 per hour.
Fee Disbursement
The fee disbursement summarized below represents the Village's portion and financial
responsibility towards completing tasks identified in this Scope.
PILLAGE
klVIITESTONE PERCENTAGE;'
AMOUNT
Upon Issuance of a Notice to Proceed by the Village 10% $8,000
Upon Completion of the Public Design Workshop 50% $40,000
Upon Submittal of the First Draft of the Master Plan, 30% $24,000
recommendations and report to the Village Staff
Upon Submittal of the Final Draft of the Master Plan, 10% $8,000
recommendations and report to the Village.
TOTAL 100% $80,000
Termination Policy
The agreement may be terminated with thirty days written notice by either party.
Read and approved on this y day of 0 �'' , 2014, by
� Michael J. Busha, AICP ayor A y Bre
As Executive Director Village o Tequesta
Treasure Coast Regional Planning Council
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BOUNDARIES OF STU
r
..�. � Lam; t� ,� � i s•
VILLAGE OF TEQUESTA
TEQUESTA/US 1 MASTER PLAN
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:
- List of stakeholders who need to be interviewed prior to the workshop (elected
officials, agency representatives, Village staff, key business or property owners,
residents). List will include a name, email address, and contact phone number.
Interviews will be scheduled by Council.
- 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, between 8:00 am and 5:00 p.m.
- Food for Public Attending the Public Design Workshop. The Village shall provide
food for the public attending the public design workshop. This includes breakfast
(continental) and lunch for 100 people (estimated) for (date), and coffee, sodas, and
cookies for 100 people (estimated) for (date). NOTE. Usually the best fed public
workshops are the most successful!
- Advertising Costs. Council will assist in the creation and mailing of flyers,
development of press releases, and other forms of advertising. Mailing costs are the
Village's responsibility.
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Ex, B