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1996-070 Comp Plan Agreement w/LRM, Inc.• RESOLUTION NO. 70-96 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH LAND RESEARCH MANAGEMENT, INC. ATTACHED AS EXHIBIT "A" FOR THE PURPOSE OF SECURING CONSULTANT SERVICES FOR THE PREPARATION OF AMENDMENTS TO THE VILLAGE'S COMPREHENSIVE LAND USE PLAN INCORPORATING EVALUATION AND APPRAISAL REPORT (E.A.R.) AMENDMENTS; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Agreement with Land Research Management, Inc. attached as Exhibit "A", which agreement is for the purpose of securing consultant services for the preparation of amendments to the Village's Comprehensive Land Use Plan incorporating Evaluation and Appraisal Report (E.A.R.) Amendments. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with Land Research • Management, Inc. set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. • • • J Section 3. This Resolution shall take effect immediately upon its adoption. 1996. PASSED AND ADOPTED THIS 12th DAY OF (Village Seal) VILLAGE CLERK DECEMBER ~, ~, . . MAYOR EXHIBIT "A" • A G R E E M E N T AGREEMENT made this 12th day of December 1996 by and between the VILLAGE OF NORTH PALM BEACH, FLORIDA, (herein referred to as the "VILLAGE") and LAND RESEARCH MANAGEMENT, INC. W I T N E S S E T H WHEREAS, the VILLAGE desires to appoint a Consultant familiar with the VILLAGE'S comprehensive planning and zoning matters to update the Comprehensive Plan; and WHEREAS, LAND RESEARCH MANAGEMENT, INC., has established itself as a qualified consulting firm capable of performing the VILLAGE"S comprehensive planning program; and • WHEREAS, LAND RESEARCH MANAGEMENT, INC., wishes to accept appointment as Consultant for the VILLAGE under terms and conditions stated herein. NOW, THEREFORE, the parties hereto do mutually agree as follows: I. DUTIES. The VILLAGE hereby appoints LAND RESEARCH MANAGEMENT, INC., (hereinafter referred to as "LRM, INC.") as Consultant to the VILLAGE OF NORTH PALM BEACH to perform the duties as specified herein. II. SCOPE OF SERVICES. A. LRM, INC. shall: • 1. Prepare the Evaluation And Appraisal Report based Amendments and the updated Comprehensive Plan. -1 - 2.' Attend local planning agency and/or Village • Council meetings that are related to reviewing and adopting the Amended Comprehensive Plan. Meeting attendance shall include LRM, INC. staff time necessary to prepare for said meetings. 3. Provide original copies of all documentation prepared for or provided to this Agreement. B. The VILLAGE shall: 1. Provide any and all VILLAGE data, records and information and materials necessary for preparation and completion of the work program as outlined in APPENDIX A, hereof. 2. Be responsible for reproduction of the necessary copies of the Amended Comprehensive Plan. • 3. Prepare and submit for publication, all required public notices related to the legal advertising of the Amended Comprehensive Plan. C. Comprehensive Planning Services. Comprehensive Planning Services to be provided by LRM, Inc. are specifically set forth in APPENDIX "A", attached hereto. III. COMPENSATION AND METHOD OF PAYMENT A. LRM, INC. shall be compensated for preparation of the documents and performance of all duties set forth in the "Scope of Services" portion of this Agreement based on a chargeable rate of Sixty Dollars ($60.00) per man-hour, plus reimbursement for expenses incurred that are reasonable and • necessary to completion of this work program. The persons -2- who will perform the scope of services on behalf of LRM, INC. • are set forth on EXHIBIT "A" attached. All persons on EXHIBIT "A" are planners and not such as secretaries or billing clerks. Reimburseable expenses shall include costs for: 1. Materials. 2. Reproduction and copying. 3. Other out-of-pocket expenses as approved by the Village Manager. B. LRM, INC. shall invoice the VILLAGE on or before the 5th day of each month for services rendered by LRM, INC. during the previous month. All invoices shall include a breakdown of man-hours incurred and itemization of reimburseable expenses. Payments shall be received by LRM, INC. on or before - . the 15th of each month. C. Non-payment on or within the herein specified dates or time period shall, at the option of LRM, INC., result in the immediate ceasing of all remaining or continual services as set forth above and shall remain so until payment is received by LRM, INC. D. Notwithstanding anything above to the contrary, compensation and expenses payable to LRM, INC. hereunder shall not exceed the total sum of twenty thousand ($20.000.00) dollars. If LRM, Inc. has received compensation and expenses totalling $20,000.00, LRM, inc. shall complete its scope of services as set forth in this contract without additional compensation from • the VILLAGE. -3- IV. TIME OF PERFORMANCE. • A. The effective date of this Agreement shall commence day of 1996 and continue through final submittal and approval of the Revised Comprehensive Plan and all other requirements of Sections IIA and IIC of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the VILLAGE to terminate the services of LRM, INC. at any time by providing at least Two (2) weeks written notice stating the date of termination of services. if VILLAGE terminates the services of LRM, INC., VILLAGE shall pay consultant for services rendered to date of termination provided the total compensation under this Agreement • does not exceed the sum of $20,000. V. GENERAL STATEMENTS. A. If the VILLAGE desires additional or continual assistance by LRM, INC., in furtherance of its planning, zoning or other related programs, LRM, INC, agrees to perform such work on a chargeable rate of Sixty Dollars ($60.00) per man- hour, plus defined reimburseable expenses. Paragraph IIID of this Agreement shall not apply to the terms of this Paragraph VA. B. LRM, INC. shall be authorized under the terms of this Agreement to subcontract professional services if, and when, deemed necessary in the performance of the aforementioned • work elements. LRM, INC. shall submit to the VILLAGE copies -4- of all work product prepared pursuant to said subcontract for • professional services. The costs of all such work so subcontracted shall be included in the compensation payable to LRM, INC. LRM, INC. shall forward invoices for such work that has been subcontracted, together with its regular monthly billings. C. No modification or change of this Agreement shall be valid or binding upon the parties, unless in writing and executed by the party or parties to be bound thereby. D. In the event that any part, term or provision of this Agreement is found by a court of competent jurisdiction to be illegal, the validity of the remaining portions and provisions shall not be affected and the rights and obligations • of the parties shall be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be so invalid. E. in the event of a breach of this Agreement requiring the services of attorneys, the prevailing party shall recover attorney's fees and costs, whether or not the matter results in litigation and whether or not litigation results in appeal. IN WITNESS WHEREOF, the VILLAGE OF NORTH PALM BEACH, FLORIDA, AND LRM, INC. have executed this Agreement on this day and year first above written. VILLAGE OF NORTH PALM BEACH, FLORIDA MAYOR -5- ATTEST: ~/~^~-~ • CJ///~~ I LAGE CLERK WITNESSES: ~~ LAND RESEARCH INC. BY: ' JAM P. FLEIS MANN, Vi President • • -6- APPENDIX A WORK PROGRAM • PREPARATION OF THE EVALUATION AND APPRAISAL REPORT BASED AMENDMENTS TO THE COMPREHENSIVE PLAN GENERAL STATEMENT: The services provided under this scope are oriented to preparation, adoption and a finding of compliance of the Comprehensive Plan (Revised Comprehensive Plan) based upon the results of the Evaluation And Appraisal Report. I. SCOPE OF SERVICES: 1. Draft Comprehensive Plan amendments resulting from the final EAR. 2. Conduct public meetings and public hearings, per adopted public participation procedures and state requirements, with the LPA and Village Council and incorporate any comments generated into the final Draft Comprehensive Plan. 3. Submit Draft Comprehensive Plan amendment s to DCA. 4. Respond to ORC report, if necessary and conduct public meetings and public hearings, per adopted publi c participation procedures, with the LPA and Village Council to incorporate any comments generated from the ORC report and adopt • Comprehensive Plan am 5. Prepare endments. Final Comprehensive Plan incorporating amendments within the format established by the 1990 Comprehensive Plan. II. SCHEDULE OF KEY PRESENTATIONS AND COMPLETION OF WORK Completion Of Work Schedule Schedule Or Presentation (Completion Date) (Meeting) Complete Task 1.1 4/1/97 Complete Task 1.2 1,2,3,4,7/97 Complete Task 1.3 9/1/97 Complete Task 1.4 12/31/97 Complete Task 1.5 3/31/98 • A-1 III. PROJECT DELIVERABLES AND ESTIMATED FEES • TASK DELIVERABLE EST. FEE 1. FISCAL YEAR 1996/97 Deliverables 1.1 Draft EAR based Amendments $16,000 1.2 Public Meetings 0 1.3 Draft EAR based Comprehensive Plan 9,000 TOTAL FY 1996/97 $20,000 2. FISCAL YEAR 1997/98: Deliverables 1.4 ORC Report Response, if necessary $ 0 1.5 Final EAR based Comprehensive Plan 0 TOTAL FY 1997/98 $ 0 IV. LRM, INC. STAFF AUTHORIZED TO CHARGE HOURS TO PROJECT 1. James. P. Fleischmann, Project Manager 2. Kevin G. McGinley, Planner 1 1 J r, J A-2