R14-013 I ' RESOLUTION R14 -013
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH,
THE BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY AND THE TREASURE COAST REGIONAL PLANNING
11 COUNCIL IN THE AMOUNT OF $58,000.00 FOR URBAN DESIGN
1 u AND PLANNING SERVICES FOR THE TOWN SQUARE AREA;
1 AND PROVIDING AN EFFECTIVE DATE.
1 .
1 WHEREAS, the City of Boynton Beach and the Boynton Beach CRA recently
1 • undertook strategic planning exercises to help develop the direction for the City in the next five
1 • (5) years; and
1: WHEREAS, the decisions of what happens to the entire Town Square area will
1 determine what updates will go into the Downtown Master Plan; and
1: WHEREAS, to help the City Commission with these decisions from a space and urban
1 • planning perspective, the CRA budgeted funds to cover this cost and is working with the
21 Treasure Coast Regional Planning Council, which is a governmental agency, to enter into this
21 Interlocal Agreement for these services; and
2. WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
2 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
2• Beach to authorize the Mayor and City Clerk to execute an Interlocal Agreement with the
2 Boynton Beach Community Redevelopment Agency and the Treasure Coast Regional Planning
26 Council in the amount of $58,000.00 for Urban Design and Planning for the Town Square
27 Area.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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II
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach hereby authorizes
the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton
:, Beach and Boynton Beach Community Redevelopment Agency and the Treasure Coast
Regional Planning Council in the amount of $58,000.00 for Urban Design and Planning for the
Town Square Area, a copy of said Interlocal Agreement is attached hereto and made a part here
as Exhibit "A ".
1 • Section 3. That this Resolution shall become effective immediately upon passage.
1 PASSED AND ADOPTED this 4 day of February, 2014.
1. CITY OF BOYNTON BEACH, FLORIDA
1 "7-7
1 , / �Z
1 ' Mayor erry T. or
1 ►� cle? /z
1: Vice • :.• •. _ -
1•
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21 Commissioner — David T. erk-
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2 - • • mmi ssi • • er — i ha e M. Fi`'atrick
2 i r��� ♦ _
2 C •. missioner — Joe Casello
2: ATTEST:
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31 -t M. Prainito, MMC
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INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH, THE BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY AND THE TREASURE COAST
REGIONAL PLANNING COUNCIL
This Interlocal Agreement is entered in this day of 2014, by and
between the City of Boynton Beach (hereinafter "City "), the Boynton Beach Community
Redevelopment Agency (hereinafter the "CRA ") and the Treasure Coast Regional Planning
Council (hereinafter the "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 on a basis of mutual advantage and thereby to
provide services and facilities in a manner 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 City Council of the City has found and declared an area of the City of
Boynton Beach to be slum and blighted, the area hereinafter referred to as the "CRA Area;" and
Whereas, the City and CRA have adopted a community redevelopment plan known as
the Boynton Beach Downtown Vision and Master Plan for the CRA Area (the "Plan "); and
Whereas, the CRA and City desire to have the Plan implemented; and
Whereas, the CRA and the Council desire to enter into an agreement to facilitate
implementation of the Plan for the CRA Area identifying key redevelopment strategies for the
Boynton Beach town center and municipal complex as depicted in Attachment B hereto; and
Whereas, developing these strategies to facilitate implementation of the Plan is in the
best interest of the citizens of the City.
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00286809-2 w t� ( 3 ::j A
Now, therefore, in consideration of the mutual covenants, promises and representations
herein, the parties hereto agree as follows:
SECTION 1. PURPOSE
A. The purpose of this Agreement is to contract with the Council to assist the City and CRA
in the implementation of the Plan.
B. The City, CRA and Council agree to act in a spirit of mutual cooperation and good faith
in the implementation of the Agreement and its purpose.
SECTION 2. GENERAL TERMS AND CONDITIONS
A. This Agreement shall begin upon execution by all parties and shall end when the
deliverables are complete as identified in the schedule contained in Attachment A,
attached hereto, unless terminated earlier in accordance with Section 4 of this
Agreement.
B. The Council shall fully perform the obligations identified in Scope of Work attached
hereto as Attachment A, to the satisfaction of the CRA.
C. The City, CRA and Council agree to be governed by all applicable Federal, state and
local laws, rules and regulations.
D. Modifications of this Agreement may be requested by any party. Changes, which are
mutually agreed upon, shall be valid only when reduced to writing, duly signed by each
party and attached to this original Agreement.
E. The CRA and Council mutually agree to establish a mechanism to resolve any conflicts
that may arise from the implementation of the Plan by using the process included in the
Intergovernmental Coordination Element of the City's Comprehensive Growth
Management Plan or some other mutually agreed process.
F. The City and CRA agree to:
1. Assist in the development of documents designed to implement the Plan; and to
2. Process all requests for reimbursement made by the Council in a timely manner
SECTION 3. 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 by either the City and /or CRA, their employees and /or
agents.
SECTION 4. TERMINATION
This Agreement may be terminated for convenience by any party upon providing 30 days
advance written notice, or for cause if any party fails to substantially perform under the
Agreement through no fault of any other Party hereto, and said Party fails to commence
00286804 -2 2
correction of such nonperformance within five (5) days of receipt of written notice by
another party and thereafter fails to diligently complete the nonperformance. In the event
this Agreement is terminated pursuant to the provisions, the CRA shall only be obligated to
pay Council for its work completed as of the date of termination.
SECTION 5. REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any legal action
necessary to enforce this Agreement will be held in the State of Florida. 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 6. INDEMNIFICATION
Each Party to this Agreement agrees, to the extent permitted by law, to save, defend,
reimburse, indemnify, and hold harmless the other Parties hereto, 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.
SECTION 7. 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 Interlocal Agreement shall continue in full force and effect as if such
invalid provision had never been made a part of the Interlocal Agreement.
SECTION 8. 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.
SECTION 9. NOTICE AND CONTACT
All notices provided under or pursuant to the 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:
00286809 -2 3
For the City:
Lori LaVerriere, City Manager
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
For the CRA:
CRA Executive Director — Vivian Brooks
710 North Federal Highway, Boynton Beach, Florida 33435
CRA Attorney — Kenneth G. Spillias
Lewis, Longman, & Walker, P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach, Florida 33401
For The Council:
Michael J. Busha, AICP — As Its Executive Director
421 SW Camden Avenue, Stuart, FL 34994
SECTION 10. FUNDING /CONSIDERATION
A. This is a fixed fee Agreement. As consideration for performance of work rendered under
this Agreement, the CRA agrees to pay the Council a fixed fee not to exceed fifty -eight
thousand and 00 /100 dollars ($58,000), including travel, out -of- pocket expenses (printing
and reproduction costs as per the deliverables identified in Attachment A), and other
costs related to the services provided.
B. This fixed -fee amount does not include the mass printing of informational flyers,
advertising, nor any rental or refreshment /food costs associated with public workshops
and presentations.
C. The satisfactory completion of deliverables by the Council, as accepted by the CRA, shall
be considered the Council's request for payment according to the schedule contained in
Attachment A.
SECTION 11. VENUE
To the extent allowed by law, the venue for any action arising from this Agreement shall be
in Palm Beach County, Florida.
SECTION 12. ATTORNEY'S FEES
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement
of the terms and conditions of this Agreement shall be borne by the respective Parties hereto.
00286809 -2 4
This clause only governs the assignment of costs and expenses among the Parties hereto.
Nothing in this paragraph should be read to address the assignment of costs and fees of or to
third parties.
SECTION 13. DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the constitutional or
statutory duties of the officers of the City, CRA or the Council.
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 15. EQUAL OPPORTUNITY PROVISION
The City, CRA and the Council agree that no person shall, on the grounds of race, color, sex,
national origin, disability, religion, ancestry, marital status or sexual orientation be excluded
from the benefits of, or be subject to, any form of discrimination under any activity carried
out by the performance of the Agreement.
SECTION 16. EFFECTIVE DATE
This Agreement shall become effective upon its approval by the CRA Board and the
Treasure Coast Regional Planning Council, the due execution thereof by the proper officer of
the Regional Planning Council and the CRA and the filing of a certified copy hereof with the
Clerk of the Circuit Court of Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set
forth above.
ATTEST: City of Boynton Beach
By: By:
Jerry Taylor, Mayor
Approved as to form:
By:
James Cherof
City Attorney
00286809 -2 5
ATTEST: Boynton Beach Community
Redevelopment Agenc
"7 By: ±Athit
\s'y:
ivian Brooks Na /Jerry V: y or
Executive Director Titl : Chair
Approv . : s to form: ,
BY: 1. .. AlE4
e n . th G. Spil :s
CRA Attorney
ATTEST: Treasure Coast Regional Planning Council
By: By:
Phyllis Castro Michael J. Busha, AICP
Accounting Manager As its Executive Director
00286809 -2 6
ATTACHMENT A
BOYNTON BEACH TOWN SQUARE
URBAN DESIGN AND REDEVELOPMENT STRATEGIES
SCOPE OF SERVICES
GENERAL
This Planning and Urban Design Project will provide the City and CRA with a clear path for
future development of the Town Square area, as defined by the attached map (Attachment B), by
addressing the civic uses, parking needs, pedestrian access and public spaces that are necessary
to make a successful and energetic Town Square that serves as the western hub of activity for
downtown Boynton Beach.
Currently, there are a number of civic uses within Town Square: some that are expected to be
accommodated in a new location within the Town Square and some that will be moved out of
Town Square. At this time, there is an assumption that the Police Department headquarters,
currently housed within the City Hall will move to a new location at Gateway Boulevard and
High Ridge Road.
The City Commission has expressed the desire to create a City Hall in another location within
the Town Square Area since the current City Hall has reached the end of its economic life span.
The existing City Hall site could be redeveloped as a private mixed -used development creating
new tax revenue.
There has been a desire on the part of the public to preserve the old Boynton Beach High School;
however, no financially feasible plan has been brought forward to date. A number of civic uses
could possibly be housed within the building and should be considered in this effort.
Thought shall also be given to connecting pedestrian access between the new and existing civic
uses, the creation of adequate parking for all uses, suggested retail types and other future uses, if
any, and the creation of engaging public spaces.
Phase 1: Project Organization and Strategy
Time Schedule: Mid February — March 2014
Purpose: Project Organization and Strategy will allow the team to provide a clear framework,
with timelines, bench marks and identified critical links.
During Phase 1 Council will work with the City and CRA to:
• Conduct scoping session with the City of Boynton Beach in order to understand City's
priorities for civic uses within Town Square;
• Collect existing data and resources from City staff, such as land use, zoning and the
comprehensive plan;
00286809 -2 7
• Review with City staff any existing neighborhood and /or community redevelopment
plans that affect the Town Square area, including the Ocean District Redevelopment Plan,
Downtown Master Plan, and the Town Square Report and Comparative Analysis, for
relevant background information and recommendations;
• Identify key projects in the pipeline that may be planned for the Town Square area;
• Review data from other entities such as SFRTA, FDOT, etc. that may affect downtown
regarding transportation, development and land use.
Phase 2: Review Existing Conditions — Project Coordination
Time Schedule: Late February — Mid March 2014
Purpose: This phase of the project will allow Council to assess the physical, social and
economic constraints that will define the project. Council will conduct 1 to 2 days of field work
within the Town Square and surrounding area to address spatial, functional, and form -based
analysis.
Council shall also:
• Perform analysis of neighborhood character
• Perform streetscape assessments
• Determine physical constraints and barriers
• Determine patterns and missing links
• Determine traffic patterns
• Determine topographic considerations; i.e.; views, challenges, etc.
• Conduct one -on -one interviews with City Commissioners, City staff and community
leaders and business leaders (up -to 15 interviews)
Phase 3: Facilitate Public Workshop
Time Schedule: April 2014
Purpose: Phase 3 will consist of a one -day workshop with the City Commission, CRA Board,
City staff and the public. Desired input shall be sought related to future locations of the current
civic uses within the Town Square area, the future use of the current City Hall site, the future use
of the Old High School site, parking needs and locations, pedestrian accessibility and public
spaces.
Phase 4: Plan Development and Preferred Recommendations
Time Schedule: May — June 2014
Purpose: Synthesize analysis and provide a clear design for Town Square in the form of a
physical plan showing the following:
• Location of new City Hall, assuming City Hall will stay in Town Square
• Proposed use for current City Hall site, assuming that City Hall is to be relocated.
• Location of parking
• Location of other civic uses
00286809 -2 8
• Use for Old High School
Additionally, Council shall provide recommendations for implementing the findings and
conclusions generated from this work as well as provide relevant graphics /illustrations and
narratives in a brief summary document. These recommendations will include potential updates
to the Downtown Master Plan and the LDRs for consistency with the proposed Town Square
Plan
Phase 5: Revisions and Final Deliverable
Time Schedule: TBD
Purpose: With input from staff, Council will formulate the recommendations for adoption by the
City Commission. Collaborate with City staff during public hearings and provide a final report
and_supplementary materials as necessary. The City will be responsible for the printing and
distribution of final report materials. Council staff will attend up -to two public hearings for the
project.
FEES AND REIMBURSABLE EXPENSES
The professional services described in this proposal will be performed for a fixed fee in the
amount of fifty -eight thousand and 00 /100 dollars ($58,000). This includes travel, out of pocket
expenses (printing and reproduction costs for two draft documents), and other costs related to the
professional services Council is providing, payable according to the following schedule. The
fixed fee does not include advertisement costs for the above mentioned public
hearings /workshops, food to be provided to the pubic attending public hearings /workshops, or
rental of space associated with public hearings (should it be necessary). The CRA will solely be
responsible for payment and Council shall not look to the City for any payments. 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 $200.00 per hour.
FEE DISBURSEMENT
15% ($ 8,700) Upon completion of the first project coordination meeting in February 2014.
40% ($23,200) Upon completion of the public workshop in April 2014.
30% ($17,400) Upon submittal of the DRAFT report and plan.
15% ($ 8,700) Upon submittal of the FINAL report and plan.
Total $58,000
00286809 -2 9
FORMAT OF DELIVERABLES
Council shall provide the CRA with final work products in the following format:
Council shall print written documents (one copy of the DRAFT report and one copy of the
FINAL report) on paper and shall also provide digital copies of such documents in an
appropriate format (PDF).
Council shall provide all graphic documents, including drawings, diagrams, maps, Power Point
presentations, and other comparable materials in a digital format suitable for reproduction.
00286809 -2 1 0
Attachment B
Boundaries of Study Area
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BOYNTONT cA
"BEA
MEMO
TO: Judith Pyle — City Clerk's Office
FROM: Theresa Utterback — CRA
DATE: 1/23/14
RE: Original Interlocal Agreement
City /CRA /TCRPC
Enclosed is the original Interlocal Agreement Between the City of Boynton Beach, the
Boynton Beach Community Redevelopment Agency and the Treasure Coast Regional
Planning Council.
The CRA Board approved the agreement at the January 14, 2014 CRA Board Meeting. It
has been executed by the CRA.
If approved at the City Commission Meeting on 2/4/14 please have it signed by the
appropnate parties on behalf of the City and return to our office along with a copy of the
City Resolution.
I will then have it executed by TCRPC.
Thank yot.
/,(- ..
711) North Pcdrral 1 hghvv a) Bounun Brach, 1 3j4 561- 737 -3256 1 561- 717 -5258
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