1997-049 Comp Plan Amendments Agreement w/LRM•
RESOLUTION NO. 49-97
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", WHICH AGREEMENT IS FOR
THE PURPOSE OF SECURING SERVICES IN
THE PREPARATION OF COMPREHENSIVE
PLAN AMENDMENTS REQUIRED BY CHAPTER
163, FLORIDA STATUTES AND CHAPTER 9
J-5, FLORIDA ADMINISTRATIVE CODE,
FOR RECENTLY ANNEXED PROPERTIES OF
THE VILLAGE; 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 services in the preparation of
Comprehensive Plan Amendments required by Chapter 163, Florida
Statutes and Chapter 9 J-5, Florida Administrative Code, for
recently annexed properties of the Village.
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.
Section 3. This Resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED THIS 4~ th DAY OF
1997.
(Village Seal)
AUGUST
AYOR
ATTEST: ~~
ILL CLERK
•
• A G R E E M E N T
AGREEMENT made this 14th day of August 1997
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 Comprehensive Plan Amendments
•
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required by Chapter 163, Florida Statutes and Chapter 9J-5,
• Florida Administrative Code for the recently annexed properties
in the area of the Village located immediately east of S.R.
Alternate A-1-A.
2. Attend local planning agency and/or Village
Council meetings that are related to reviewing and adopting
the Comprehensive Plan Amendments. Meeting attendance shall
include LRM, INC. staff time necessary to prepare for said
meetings.
3. Prepare any necessary responses to the
Objections, Recommendations and Comments (ORC) Report prepared
by the Florida Department of Community Affairs.
4. 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,
completion and adoption of the Comprehensive Plan Amendments.
2. Be responsible for reproduction of the
necessary copies of the Comprehensive Plan Amendments.
3. Prepare and submit for publication, all
required public notices related to the legal advertising of
the Comprehensive Plan Amendments
C. Comprehensive Planning Services.
Comprehensive Planning Services to be provided by LRM, Inc.
• include all activities necessary to procure a finding of
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compliance for the Comprehensive Plan Amendments by the
• Florida Department of Community Affairs.
III. COMPENSATION AND METHOD OF PAYMENT
A. LRM, INC. shall be compensated for preparation
of the documents and performance of all duties set forth herein
based on a chargeable rate of Sixty Dollars ($60.00) per
man-hour, plus reimbursement for expenses incurred that are
reasonable and necessary to completing of this work program.
The persons who will perform the scope of services on behalf
of LRM, INC. include James P. Fleischmann and Kevin G. McGinley,
Principals of LRM, INC. Both Principals 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
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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 ten thousand ($10.000.00) dollars.
If LRM, Inc. has received Compensation and expenses totaling
$10,000.00, LRM, Inc, shall complete its scope of services as
set forth in this contract without additional compensation from
the VILLAGE.
IV. TIME OF PERFORMANCE.
A. The effective date of this Agreement shall
commence 14th day of August 1997 and continue
through final submittal and a finding of compliance of the
• Comprehensive Plan Amendments by the Florida Department of
Community Affairs.
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 $10,000.
V. GENERAL STATEMENTS.
A. If the VILLAGE desires additional or continual
•
assistance by LRM, INC., in furtherance of its planning, zoning
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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
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.
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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,
VILLAGE OF NORTH PALM BEACH, FLORIDA
MAYOR
FLORIllA, AND LRM, INC. have executed this Agreement on this
day and year first above written.
WITNESSES:
i-
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LAND RESEARCH MANAGEMENT, INC.
BY: _
JA P. FLE CHMANN,
Vi a President
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