HomeMy WebLinkAboutExhibitINTERLOCAL AGREEMENT
BETWEEN THE CITY OF MIAMI
AND THE TREASURE COAST REGIONAL PLANNING COUNCIL
This Interlocal Agreement (herein referred to as "Agreement") is entered in this . ....... ..... day
of 2018 by and between the City of Miami (herein referred to as "Miami") and
the Treasure Coast Regional Planning Council (herein referred to as "Council"), each constituting
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a public agency as defined in Part I of Chapter 163, Florida Statutes-, 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
then- 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 forts
of governmental organization that will accord best with geographic, economic, population and
other factors influencing the need arid 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 set -vices to Miami as it is established by
the state of Florida and considered a public agency in accordance with state law; and
WHEREAS, matching funding for station area Transit Oriented. Development Typologies
for three station locations is included within the Miami adopted Fiscal Year 2018 Annual Budget,
and has been committed by Miami in the amount specified herein; and
WHEREAS, Miami and the Council desire to enter into this Agreement to facilitate station.
area planning activities around the anticipated Miami future Tri -Rail Coastal Link stations.
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 Linder which the Council will
assist Miami with station area planning activities as described herein.
B. Miami and the Council agree to act in a spirit Of 11-ILItual cooperation and good faith in the
implernentation of the Agreement and its purpose.
SEcrION 2. EFFECTIVE DATE
This Aorcernent shall becoilic effective upon its approval by the Commission of Miami and
the Treasure Coast Regional Planning Council, the due execution thereof by the proper officer
ofthe Council and Miami, and the filing ofa certified copy hereof with the Clerk of the Circuit
Court of Miami -Dade County, Florida.
SECTION 3. SCOPE OF SERVICES
A. The Council shall fully perform the work, which has been requested by Miami, and which
is specified in the Scope of Work contained in Attachment A of this Agreement in
accordance with general industry standards and best practices.
B. Miami shall:
1. Provide all available files, data, neaps, and information upon request of the Council.
2. Provide all necessary public notice as required by Florida Statutes,
3. Provide verities for all public workshops and meetings.
4. Process all requests for reimbursement in a timely manner.
C. Both Miarril and the Council agree to be governed by applicable State and Federal laws,
rules and regulations in the performance of their respective obligations Linder this
Agreement.
SECTION 4. FUNDING/CONSIDERATtON
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A. This is a fixed fee Agreement based on the scope of work as identified in Attachment A.
As consideration for performance of work rendered Under this Agreement, Miami agrees
to pay the Council a fixed fee not to exceed the fee schedule and allowances provided flor
in Attachment A, as selected by Miami, including travel, attendance at all. required public
meetings and workshops, Otlt-Of-pocket expenses (printing and reproduction costs), film
processing, rnall, Couriers and other costs related to the services provided.
B. The satisfactory corripletion of deliverables by the Council, in accordance with general
industry standards and best practices, shall be considered the Council's request for payment
according to the schedule contained in Attachment A.
SECTION S. RECORD K.LLPING
A. All records Submitted by the Council shall be kept for three years after the ten-nination 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 of Miami, its employees and agents.
SECTION 6. INDEMNIFICATION
The Parties to this Agreement shall, to the extent permitted by law, save, defend, reimburse,
indemnify, and hold harmless each other, and each other's respective officers, employees,
servants or agents from its 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 7. TERNI;TERNIINATION
This Agreement shall commence on the Effective Date and shall remain in full force and effect
until all deliverables are complete as identified in the Scope of Work and schedule contained
in Attachment A, and accepted by Miami, unless tenriinated earlier. This Agreement may be
terminated for convenience by either party by providing 30 days written notice as required by
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Section 9, to the other party. Miami shall be obligated to pay the Council for only its work
completed Up to the (late of termination pursuant to this paragraph.
S ECTI ON 8. NOTICE AN D CO MAC I
All notices required by this Agreement shall be in writing, delivered either by hand, overnight
express nail, or by first class, certified mail, return receipt requested, to the representatives
identified below at the address set forth below:
For Miami:
Daniel I Alfonso, City Manager
City of` Ill iarni
3500 Pan American Drive
N/I i anii, I'L 33 ) I ' ) _3 )
For the Council:
Michael J. BLIsha, ExeCUtive Director
'FreaSUrc Coast Regional Planning COLIFICII
421 SW Camden Avenue
StUart, Florida 34994
SECTION 9. RENiEDIES
No reniccly licrein conferred upon the Pat -ties, is intended to be CXCILISiVC of any other ren-ledy,
and each and every such remedy shall be CUMUlative and shall be in addition to every other
remedy, given herCLInder or no", or hereafter existing at law or in eqUity or by statLItC or
otherwise. No single or partial exercise by any party of any right, power, or remedy hCrCUnder
shall preclUdc any other or further exercise thereof
SE'C"I"JON10. C[IOICEOFL.,kw;VENU
']"'his Agreement shall be governed by the laws of the State of Florida. VC]ILIC for any action
arising to enforce the terms of this Agreement shall be in Palm Beach Caunty, Florida.
SECTION I L ArrORNEY's FEu,,s
Any costs or expense (including reasonable attorney's fees) associated with the enforcement
of' the terins, and for conditions of this Agreement shall be borne by the respective Par -ties,
however, this clause pertains only to the Parties to this Agreeinent.
SECHON 12. DELEGATION
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Nothing contained herein shall deem to authorize the delegation 01, tile constitutional or
Statutory duties of the officers Of Miarni Or. the COLHICiL
St',criON13. EQUALOPPOR'I't,"Ni"I'N"I)RoN'ISIO,,N'
Miami and the Council agree that no person shall, on the grounds of race, color, sex, age,
national origin, disability, religion, ancestry, marital status or sexual orientation be excluded
from the benefits of, or -be subject to, any form of discriminati011 under any activity carried out
by the performance of the Agreement.
SECTION 14. Fit,iNxG
"I"his Agreement and any SUbsequent arnendincrits thereto shall be filed with the Clerk of the
Circuit Court of Miarni-Dade County pursucint to Section 163.01 (11 ), Florida Statutes.
SECTION 15. SEVERABILITY
Should any provision of this Agreement be declared invalid or UnClIt'orceable by as Court Of
C01npetC1)t jurisdiction, the sarric shall be deemed stricken here fi-oni and all other tern -is and
conditions of this Agreement shall C(Altil'IUC in full force and effect as if Such Invalid provision
had never been made a part of the Agreement.
SECTION16. ENTIRETY0FAGREEAIENT
This Agreernent represents th c entire Lill derStalld i ng between the Parties, Modifications ofthis
Agreement may be requested by Miami or the COLHIC11. Changes, which al -e ITILItUally agrecd
upon, shall be valid only when reduce(] to writing, duly signed by Miami and the Council and
attached to the original Agreement,
[REMAINDER CSI, T1 [IS PAGE INTENTIONALLYLEFF BLANKI
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$1'N WITNESS WHEREOF, the Parties have executed this Agrecinent as of' the date set
lbrth abo,,,,e.
AT TEST:
By:
Todd B. Hannon
City Clerk
By:
Phyllis Castro
Accounting Manager
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(Name)
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Daniel J. Alfonso
City Manager
Approved as to form:
By:
Victoria M�:ndez
City Attorney
Treasure Coast Regional Planning Council
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By:
Michael J. Busha, AJCP
Executive Director
Approved as to form:
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Keith W. Davis
General COLInSel
ATTACHMENT' A
Tm-Rmt, COASTAL LINK STATION ARLA
I)L4'E[,OPNIE,N'1'01�"l'Ol)'['5'POLO(,Y
FOR
MIANII, FLORIDA
SCOPL OF SERVICES
DECE.11BER d, X017
GENERAL
The City of Nfiann (City), TreaSUre Coast Regional Plannimy Council (T( I RPQ, and the South Florida
regional Transportation Authority (SFRTA), seek, to Study and implement. %x-ays to improve mobility,
(JUaluy'Oflife, economic vitality, and improve transit oriented development (T01)) around the planned Tri -
Rail Coastal Link stations in Miami, The SFRTA leas secured a Pilot Planning Gratit front (lie Federal
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"transit Administration (FTA) tea fund stialori area planning activities along the planned Tri -Rail ("'oastal
Link Corridor. F Unds Crom this grant program will be niatcliccl in part by I'mids from the City to Fund the
station area planning activities dQscribed in this scope of services.
The Treasure Coast Regional PhInHin," COLInCil (TCRPC) has been reclucsted to prepare as scope of services
to assist the City and SFRTA to coordinate a meaningful public involvement process and develop Transit
Oriented Development (TOD) Typologies, appropriate for each of the station area types, to be included in
the Mianii Land Development Regulations to assist (lie City and SFRTA in improving transit -oriented
development conditions around the planned stations and contributing to future mobility and systern
ridership.. `this planning of is also designed to advance the implementation of "Complete Streets," which
is a local, regional, and national priority to improve tn"Inspollation facilities in a multi -modal design to
provide the best and safest accommocLuions forall users - 1110torists,cyclists, pedestrians, andiransit Users,
PRO.IEC,"I"]'I,Nli°.*.FIZ,,V,NIE
The project tirriefranic Will corninence upon eXCCUtI0u ofthis Agreement. R is anticipated that A tasks
Contemplated Within the Scope of Services shall be AibstantiaHy complete no later than 10 montlis Irorn
this date. The project tirriefranic is outlined as tallows:
January 2018
• Stal'I'Dick-off i-necting, and tour of the three station areas
• Collection and review ol"existing documents
• Analysis ol"existing code and built projects
• City to provide contact intbri-mation for 45 stakeholders Cor Council to interview
• Coordination with public agency stakeholders iuCILIdiflg SFRTA, FDOT, MDT, and others as
idcritified with the assistance of the City
February- June 2018
0 Conduct stakeholder interviews
Analysis of existing codes and built projects
Conduct three public workshops to present initial findings. Workshops to be arranged as 66llows-
* Workshop 1: Downtown,'Miami Central Station Area
* Workshop I Midtowri/Dcsign District Station Area
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* Workshop 3: 79"' Strea'Upper Eastside Station Area
July 2018
Draft new TOD Typologies
Presenlations to City staff
Subinit Draft TODT ZI
ypologies to Staff for reviewer (I 4 -day review period)
AugYust, 2018
• public Workshop to Present Draft TOD Typology
• Revise Forin-Bascd & Design Guidelines based or) Staff and Public Connilent
September 01 M
0 FinalizeTOD Typologies an(] SUbrnrt to City
0 Provide Assistance 16'r PLIbIiC Workshops/1-learinos
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The schedule above relies heavily upon City providing the needed contacts, information, and review
cc rnments/edits within a timely manner. Public OLItreach and C0111111LInIty HIPLIt to develop the T(II)D
Typologies and the review process will commence first in the Downtown/Mianii Central Station Area, and
continue into the Midtown/Design District Station Area, and conclude with the 79"' Street/tipper . Eastside
Smnou Area, (."'itv stall' wfl] provide all necessary legal advertising for the approval process. Special
workshop/hearinlys may be necessary to ensure adequate opportunity for board review iAitliin the desired
tFinerrame. Council NVIII provide the draft docurtietits based oil the schedule above; however, the timeliness
of approval by the City cannot be guaranteed.
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SCOPE OF SERVICES
F. Project Coordination
I.I.Loi, qg-t..kkg! i 1 I �s
TCRPC will tacilitate all project coordination meetings needed for project development and as requested
by the City and SFRTA. The initial mectings will ensure clarity and consistency among all team 1-nernbers
of tile pro-Ject issin id goals TCII
kPC will also encourage other agency meetings including:
City stall",
FD0'1" stafl",
Nharni-D,ade TPO staff",
Miall-Ii-DadC C OUnty and Nfiami-bade Transit Mail',- and
start' of,adjaccnt Inum . cipalities and other agI-
etmes as appropriate,
TVIRK'ankcipates periodic project meetings to occur throughout the project's development and submittal
of the 'I"OD'I"ypologies.
'ro address the pro' -s filed by the City and SFRTA, TCRPC will assemble a pro'
ject parametel vis identiI Ject
team. TCRII( I will manage all sub -consultants, as part of* this work effort, and all sola -consulting,' fees, are
included In Ille estiniated fee presented in this scope. T(I'PRC will also provide all coordinatio 11 necessary
with F'"J'A to satisry the needs oftlic pilot Planning Grant.
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21111icil,mled timclinefin'. the Project Coordinati(m 1.)hase is Decembcr 2017 throe Sej�lcmher 2018
11. Due Diligence
Base DocuincimallOn
TCRPC will begin developing, witli assistance from the City, SFRTA, FDOT, Miami -Dade T110, Miami -
Dade County, and other agencies, necessary base docutrientation f7or the proect to include: GIS databases,
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aerial photography, residential and uon-resiedential intensity maps, utilities, and other data as appropriate,
Data Collect'
igii
TCRI)C will begin assembling, with assistance from the City, SFRTA, FDOT, NI iam i -Dade TPO, Miami -
Dade C01111ty, and ollier,agcncies, data pertinent tea the pro . ect to mcIUCIC: existing I
J , , pending, and approved
development pro) ' jects within the statioi) areas; relevant planning studies and activity witliin the study areas;
historical and cultural information; and re[cVant retyUhatory documents for the City of Miami.
Field Work
TCRPC will conduct field work and niter visits to dcvelop as photo database and rcvicw on-site condillOus.
Durinl,, field vis ns,TCRPC".' team members may scliedUle tee meet witli City, FDO"I', SFRTA. Miami -Dade
TPO, and Courity representatives to tour specife areas TO (vu.
n a greater undersiandino of'relevant issues.
&gqj�jt ry Review,
TCRPC will pro,, ide a rcvlew and assessment of the relevant C , ity regulatory documents, Hicludinzn- the Land
Developmeni, Regulations, Cc 1uprehensive Plan, and other documents as identified by the City.
Deliverables
Specific deliverables will include:
1, Summary Of'RCgUlatory Document Revicw;
2, Outline ot'General Findings and Opportunities for (fie Miann TOD Typologies
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Anticilmled tinichm,fi)1. lite Due Dilia,encv phase iY Janumy through Februeti-v 201N',
111. Pre -Workshop Phase
Public outrez-111ch Effforts
'Flierc will be coordinated public outreach efforts prior to the work -shops to engcnofer public interest and
add iriformation to the process, The public OLM-CWh Ct"I'Orts will contitme as needed thl-OUL111OUt the
dcvelopiricni ofthe Miami TOD Typologics,
Stakeholder interviews
TCRf1C, with members of' the consultant team, Wifl C011(lUCt approximately 45 individual stakeholder
interviews, includingtl approximately 15 interviews for eacli of the three worksliops. The imervicws will
include elected officials, local property and business owners, public officials, and other members earl` the
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C0111111tillity as 1'ecOMMendcd by the City. 'Fhe interviews Will be C011dUcted at a locatiori in the City and
Will be SCIMiLded by TC RPC" in coordinatiort with City staff,
E'xj�)ected thnehnejor Pi-e-TJ,7(,);-1she)j) I'Aase is,lanum-t�, 2018 liar-ough June 2018.
IV. Public Inpilt PI --cess
Pllbb11)Pi1L)LVo-rkAm
fn order to address the unique characteristics of the three distinct station areas and their relevatit typologies,
T(.I R -P( I Will COMIUCt three filCilitatcd pUbliC ilIPLIA workshops, one each For the Downtown/Miami Central,
Midtowii/Desi(yn District, and 79"' Street/t,.Jpper F4.istside station areas, The Workshops Will be operi to all
wwrhrs are interested, and attendance will not be restricted to one segnient of the coryunuinty or another. The
workshops will ilICILide an opening presentation SUMmarizing an overview of the Imid development
regulatiotis, specific character[StICS of TOD, (ILIC diligcrice findings, station arca Opl.)01111111 ties and
challei-ioes, 6111d SUggd estea proachb
es to e corisidered iri the "[OD T polo
�7 znz� P y gry to implement efficient ai-id
effective TOD tl11-()U('l10Ut the Station 8M'IS.
N!, Development of TODTypology Code Amendments
In partnershil) with the City, the TCRPC will:
a. Analyze the existing code, achniiii.strative procedures and approvtal processes,
Irl.. Update the exist1j),- code io contair, -rot) 'rypology elements within the staon tiareas and
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in consideration Of' the CLUTC11t Aming maps. and regulations. The code will also address
infill developii�ictil/i°e(leveloptiiejit scetiarios idemified through the Due Dili-erice Process
and with considcration cif input obtained thrOL10h the Public Workshop s.
The TOD 7:ypology will hlClUde, bUt not be limited to, the foHowing:
,a. Zoning districts
b. Permitted use tables
c. Building) placement
d, Building, height and derisity
e. Facade standards
f. Parking' placemetit
g� Parking cluanfity
la. Public open space
i. Civic & public buildirigs
J, Block standards
k. Street types arid street sections
L Approval process and procedures and roles ofthe boards
C. COURC11 Will prepare a Regulatint, Plan that will define street types, identify zoning
districts and inap/illustrate where and which TOD Typology categories apply.
d. Atialyze the likely to be developed and redeveloped parcels i ]I the study area and illustrate
the impacts ofthe proposed code chanes using draw,mgs and three-divaerisioml renderings
of the station areas.
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e. Develop a series of implementation strategies to ericourage and guide development ill
accordance with the proposed code changes, either through rezoning or utilizing all
overlay. Additionally, draft model codification language shall be provided to insert into
the City's existing zoning ordinance.
f, Prepare .and submit to City staff the draft TOD Typology elements for review.
g. Meet with City staff to discuss staff -proposed revisions to draft TOD Typologies.
h. Resubmit to City staff revised draft TOD Typologies for further review.
Assist in the development of presentation materials for presentation by City staff to the
Local Planning Agency (LPA). Attend, present, and participate in LPA approval
workshops and public hearings required for review of the TOD Typologies. Revise the
TOD Typologies per LLA comments and Submit back to City staff for review and
recommendation of approval.
Attend, present., and participate in City Conlinissic,ii workshops and public hearings
scheduled to review and approve the TOD Typologies. Revise regulations per City
Commission's comments and submit the revised Code back to City staff as a final draft for
review and recommendation of approval to the City Commission,
k. TCRPC staff will also be available to attend all staff -level meetings (either in person or via
conference call) necessary to ensure the success of the irriplernentation process.
V1. Project Approvals and Meetings
Additional Meetings
"I'CRPC will attend as many staff' -level meetings through June 2018 as necessary to ensure the adoption of
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the Miami TOD Typology is a successful endeavor, TCRPC and the consultant team will be available to
make presentations to the City and other project partners upon request.
Project ApL)oLyal-.Hearin(-7s
TCRPC will attend up to three public hearings for the adoption ofthe Miami TOD 'Typology,
Fxj-�ectcd tiaielinefin- Prqlect .4pl)rovalsphase is Julv, throttgh Sel)ieniber 2018.
VII. Project Deliverables
I TCRPC shall provide the City with the following deliverables as final work products:
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a. Miami TODTypology for three station area types:
i, Regional Center (Downtown/Miami Central Station Area)
ii. Corrimunity Ccnter (Midtown/Design District Station Area)
iii, Neighborhood Center (79"Street/Upper Eastside Station Area)
b. Regulating Plan and Application ofTOD Typology toTypical Development Scenarios
c, Drawings and three-dimensional renderings to illustrate Implementation Scenarios
d. Implementation strategies to encourage and guide development in accordance with the
proposed TCDD Typology code changes, either thrOLIgh rezoning Or utilizing an overlay.
e. Facilitation of Interview Process and Public Input Workshops
f. Coordinated Review and Assessment of Comprehensive Plan, Land Development
Regulations, and other Relevant Documents;
g. Public I learing Presentations and Assistance as Requested.
Format of Defiverables: TCRPC shall provide [lie City final work products in the
following format:
a. TCRPC shall print written documents on paper, as appropriate, and shall also provide
a di-ital COPY Of such docunients in au appropriate forinat (InDesign or PDF).
b. TCRPC shall provide graphic documents, including drawings, diagrams, naps,
perspective renderings, or other comparable materials as requested in a digital forniat
suitable far reproduction. Individual printed copies will also be available at the cost of
reproduction.
c. `I'CRPC shall provide the City with a digital copy of all the PowerPoint presentations
Used for this PrQjeCt.
d. The City may request additional copies of deliverables upon payment to TCRPC of the
actual reproduction cost.
V111. Fees and Reimbursable Expenses
1. Fees: The total fee for the Miami TOD Typology, as described in the scope above, shall
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be S1.65,000. Funding for this effort will come from the FTA Pilot Planning Grant
($120,000) and [lie City of Mian-il ($45,000), The total fee includes travel, out of pocket
expenses (printing and reproduction costs), fifin processing, mail, couriers, and other costs
related to the professional services to be provided, including all sub -consultant costs.
2. Payment Schedule: The fee payments from the City of Miami to TCRPC shall be
accordimt, , to the following schedule:
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0 200/4 ($9,000) of the professional fees due upon execution of this agreement.
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50'Vo ($22,500) of the professional fees due upon completion of the third Public Input
Workshop.
20% ($9,000) of the professional fees due upon submittal of draft Miami TOD
Typology code amendments,
WIN, (54,500) of the professional fees due upon submittal of final, revised MiamITOD
Typology code amendments.
3. Grant Funds: TCRPC shall periodically invoice SFRTA drawing on the grant fund's
($120,000) as the work progresses and in accord `with the agreement between TCRPC and
SFRTA.
IX. Anticipated Timeline (contingent upon execution of Interlocal Agreement in January 2018)
JANUARY— FEBRUAm'2018:
Execute A-reement and begin Due Diligence work and analysis.
FEBRUARY—JUNE 2018:
Conduct public input Phase, including three Public Input Workshops.
Just i,' 2018:
Deliver DR. FTMiarni TOD Typology code amendments
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Sl,-'P]'E,N,IBLR 2018:
Deliver FINAL Mianii'I'OD'I'ypology code amendments
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