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2001-059 LRM Agreement for Comp Plan AmendmentsRESOLUTION 59-2001 • A K}3SOI.UTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK '1'O ENTER INTO AN AGREEMENT WITH LAND RESEARCH MANAGEMENT, INC., A7"1'ACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING CONSULTANT SERVICES FOR THE MAKING OF AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE VILLAGE OF NORTH PALM BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE 17' RIsSOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council ofthe 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 making of amendments to the Comprehensive Plan of the Village of North Palm Beach. 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 28th DAY OF DUNE, 2001. (Village Seal) . A7'TES'1': G~~~ VILLAGE CLERK • A G R E E M E N T AGREEMENT made this 28TH day of JUNE 2001 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 VILLAGR 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 School Concurrency amendments • to the Village of North Palm Beach Comprehensive Plan. -1- 2. Prepare an amendment to the Village of • North Palm Beach Comprehensive Plan to make residential unit limitations in Planning Area 6A consistent with existing development approvals. 3, Edit the Village of North Palm Beach Comprehensive Plan to delete items struck through and underlining (no charge for this item). 4. Attend local planning agency and/or Village Council meetings that are related to amending the Comprehensive Plan. Meeting attendance shall include LRM, INC. staff time necessary to prepare for said meetings. 5. 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 scope of services, per Paragraph II.A. 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. 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 • -2- 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. James P. Fleischmann will perform the scope of services on behalf of LRM, INC. 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 forty-five hundred ($4,500.00) dollars. • if LRM, Inc. has received compensation and expenses totalling -3- $9,500.00, 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 upon execution of this Agreement by both parties, and continue through final submittal and approval of the amended Comprehensive .Plan and all other requirements of Section IIA 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 $4,500. 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. -4- 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. 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. -5- 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~N~R~~ P~I,M BEACH, FLORIDA By: A TEST: ILLAGE CLERK WITNESSES: • LAND RESEARCH MANAGEMENT, INC. P~ ' BY: ~~` J ES P. FLEISCHMANN, Vice President -6-