2000-009 Agreement w/LRM for Comp Plan Amendments• RESOLUTION 09-2000
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
PREPARING COMPREHENSIVE PLAN AMENDMENTS TO THE COMPREHENSIVE PLAN
OF THE VILLAGE TO INCORPORATE RECENTLY ANNEXED PROPERTY, NEW SCHOOL
SITING AND SCHOOL CONCURRENCY REQUIREMENTS AND INTERGOVERNMENTAL
COORDINATION ELEMENTS; 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 preparing comprehensive plan amendments to the comprehensive plan of the
village to incorporate recently annexed property, new school siting and school concurrency
requirements and intergovernmental coordination elements.
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
Na~tlr Palm Beach, Florida.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 27th DAY OF JANUARY, 2000.
(Village Seal) - D •/`~' '
MAY
ATTEST:
• ~
VILLA CLERK
• A G R E E M E N T
AGREEMENT made this 27th day of JANUARY 2000
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.
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II. SCOPE OF SERVICES.
• A. LRM, INC. shall:
1. Prepare a small-scale Comprehensive Plan
Amendment for the recently annexed property along S.R. Alternate
A-1-A.
2. Prepare a Comprehensive Plan Amendment
incorporating the newly adopted state school siting requirements.
3. Prepare a Comprehensive Plan Amendment
incorporating newly adopted state intergovernmental coordination
elements.
9. Prepare a Comprehensive Plan Amendment,
at the direction of the Village Council, incorporating school
concurrency requirements.
5. Attend local planning agency and/or Village
Council meetings that are related to reviewing and adopting
the above Comprehensive Plan Amendments. Meeting attendance
shall include LRM, INC. staff time necessary to prepare for
said meetings.
6. Prepare any necessary responses to the
Objections, Recommendations and Comments (ORC) Report prepared
by the Florida Department of Community Affairs.
7. 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,
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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
compliance for the Comprehensive Plan Amendments by the
Florida Department of Community Affairs.
III. COMPENSATION AND METAOD 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.
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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 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 day of December , 1999 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
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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
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
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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 NORTH PALM BEACH, FLORIDA
By : ~ ~. ~ ,~
M O
ATTEST:
~~
VI LAGE CLERK
WITNESSES: LAND RESEARCH MANAGEMENT, INC.
BY•
J S P. FL ISCHMANN,
V e Presi ent
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