2007-028 Planning Services Agrmt for Annex Area StudyRESOLUTION 2007-28
~--- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING LAND RESEARCH
MANAGEMENT, INC. TO PEFORM AN ANNEXATION AREA STUDY TO
BE FUNDED FROM THE BUILDING DEPARTMENT CONTRACTUAL
SERVICES ACCOUNT; AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE AN AGREEMENT FOR SUCH SERVICES ON
BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council wishes to retain Land Research Management, Inc. to perform
an annexation area study for property located west of the Florida East Coast Railway right-of-
way within Village Annexation Areas 4B and 4C; and
WHEREAS, the Village Council wishes to fund the cost of the annexation area study from the
Building Department Contractual Services Account (Account #A6019-33491); and
WHEREAS, the Village Council determines that such action is in the best interests of the public
health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are hereby ratified and incorporated herein.
Section 2. The Village Council hereby approves an Agreement for Planning Services with
Land Research Management to conduct an annexation area study in accordance with the Scope
of Services incorporated into the Agreement and authorizes the Mayor and Village Clerk to
execute such Agreement, attached hereto as Exhibit "A" and incorporated herein by reference,
on behalf of the Village.
Section 3. The annexation area study shall be funded from the Building Department
Contractual Services Account (Account #A6019-33491), in an amount not to exceed $10,000.00.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 22nd DAY OF FEBRUARY, 2007.
(Village Seal)
ATTEST:
VILLAGE CLERK
AGREEMENT FOR PLANNING SERVICES
This Agreement is made as of the~it/l~day of ~~,OIZ~,cZ~~ , 2007, by
and between the Village of North Palm Beach, Florida, a Florida municipal
corporation ("Village") and Land Research Management, Inc., a Florida
corporation ("Consultant").
RECITALS
WHEREAS, the VILLAGE wishes to retain CONSULTANT to conduct an
annexation area study for property located west of the Florida East Coast
Railway right-of-way within Village Annexation Areas 4B and 4C; and
WHEREAS, CONSULTANT desires to perform such services on behalf of the
Village in accordance with the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises set forth herein
and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
SECTION 1: CONSULTANT'S SERVICES.
The VILLAGE hereby engages CONSULTANT to perform an Annexation Area
~ Study as set forth in the Scope of Services dated February 1, 2007, attached
hereto as Exhibit "A" and incorporated herein by reference.
SECTION 2: TERM OF SERVICES AND COMPENSATION.
a. This Agreement shall be for a period of three (3) months from the date of
execution or until the services contemplated hereunder are complete,
whichever first occurs, unless earlier terminated in accordance with the
terms and conditions set forth herein.
b. The VILLAGE shall pay to CONSULTANT a maximum of Ten Thousand
Dollars ($10,000.00) to complete Tasks 1 through 4 set forth in the Scope
of Services, based upon an average rate of $95.00 per hour.
SECTION 3: METHOD OF PAYMENT.
a. CONSULTANT shall invoice the VILLAGE on a monthly basis in
accordance with the amount of work completed, subject to the maximum
payment for each phase as set forth in the Scope of Services.
b. In order for both parties herein to close their books and records,
CONSULTANT will clearly state "final invoice" on CONSULTANT's final
billing to the VILLAGE. This certifies that all services have been properly
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performed and all charges have been invoiced to the VILLAGE. Since this
account will thereupon be closed, any and other further charges if not
properly included in this final invoice are waived by CONSULTANT.
SECTION 4: INDEMNIFICATION.
a. CONSULTANT shall indemnify and hold harmless the VILLAGE, and its
officers and employees, from liabilities, damages, losses, and costs,
including but not limited to, reasonable attorney's fees (at the trial and
appellate levels), to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of CONSULTANT and other persons
employed or utilized by CONSULTANT in the performance of services
under this Agreement.
b. If, consistent with the foregoing indemnification, the CONSULTANT is
responsible for indemnifying the VILLAGE for a liability, damage, loss
and/or cost to the VILLAGE, any sums due CONSULTANT under this
Agreement may be offset, reduced or withheld by the VILLAGE until that
claim for indemnification by the VILLAGE has been resolved or settled,
and any amount offset, reduced or withheld by the VILLAGE under this
Section shall not be subject to payment of interest by the VILLAGE.
c. Nothing contained in this Agreement shall be construed a waiver of
sovereign immunity beyond the limited waiver as provided in Section
768.28, Florida Statutes.
SECTION 5: TERMINATION.
a. This Agreement may be terminated by CONSULTANT upon thirty (30)
days' prior written notice to the VILLAGE in the event of substantial failure
by the VILLAGE to perform in accordance with the terms of this
Agreement through no fault of CONSULTANT.
b. This Agreement may be terminated by the VILLAGE with or without cause
upon ten (10) days' written notice to CONSULTANT. In addition, the
VILLAGE may terminate this Agreement immediately if funds are not
available to compensate CONSULTANT or CONSULTANT is in breach of
this Agreement. Unless CONSULTANT is in breach of this Agreement,
the CONSULTANT shall be paid for services rendered to the VILLAGE's
satisfaction through the date of termination.
SECTION 6: INSURANCE.
a. CONSULTANT shall maintain, during the life of this Agreement,
comprehensive automobile liability insurance in the minimum amount of
$500,000 combined single limit for bodily injury and property damages
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liability to protect CONSULTANT from claims for damages for bodily and
personal injury, including death, as well as from claims for property
damage, which may arise from the ownership, use, or maintenance of
owned and non-owned automobiles, including rented automobiles.
b. The parties to this Agreement shall carry Workers' Compensation
Insurance and Employer's Liability Insurance for all employees as required
by Florida Statutes.
SECTION 7: GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce the Agreement will be held in Palm Beach
County.
SECTION 8: INDEPENDENT CONSULTANT RELATIONSHIP.
CONSULTANT is, and shall be, in the performance of all Services under this
Agreement, an Independent CONSULTANT, and not an employee, agent, or
servant of the VILLAGE. All persons engaged in any of the Services performed
pursuant to this Agreement shall at all times, and in all places, be subject to
CONSULTANT's sole direction, supervision, and control. The CONSULTANT
shall exercise control over the means and manner in which it and its employees
`, perform the Services.
SECTION 9: ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default or
misrepresentation in connection with any provisions of this Agreement, the
successful or prevailing party or parties shall be entitled to recover reasonable
attorney's fees, court costs and all expenses (including taxes) even if not taxable
as court awarded costs (including, without limitation, all such fees, costs and
expenses incident to appeals), incurred in that action or proceeding, in addition to
any other relief to which such party or parties may be entitled.
SECTION 10: SEVERABILITY.
If any term or provision of this Agreement, or the application thereof to any
person or circumstances shall, to any extent, be held invalid or unenforceable, to
remainder of this Agreement, or the application of such terms or provision, to
persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
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SECTION 11: NOTICE.
All notices required in this Agreement shall be sent by certified mail, return
receipt requested, and if sent to the VILLAGE shall be mailed to:
VILLAGE OF NORTH PALM BEACH
Attn: Charles Cangianelli, Community Development Director
501 US Highway One
North Palm Beach, FL 33408
and if sent to CONSULTANT shall be mailed to:
LAND RESEARCH MANAGEMENT, INC.
Attn: James P. Fleischmann
2240 Palm Beach Lakes Boulevard
Suite 103
West Palm Beach, FL 33409
SECTION 12: ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and CONSULTANT agree that this Agreement sets forth the
entire agreement between the parties, and that there are no promises or
understandings other than those stated herein. None of the provisions, terms
,,`, and conditions contained in this Agreement may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the
parties hereto.
SECTION 13: WAIVER.
Failure of a party to enforce or exercise any of its right(s) under this Agreement
shall not be deemed a waiver of that parties' right to enforce or exercise said
right(s) at any time thereafter.
SECTION 14: SURVIVABILITY. Any provision of this Agreement which is of a
continuing nature or imposes an obligation which extends beyond the term of this
Agreement shall survive its expiration or earlier termination.
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement for Planning Services as of the day and year first above written.
r...
VI
Bl
Al
BY: Oa~O~
MELISSA TEAL, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VILLAGE ATTORNEY
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LAND RESEARCH MAN EMENT, INC.
BY:
J S P. FLEIS HMANN
C PRESIDENT
Annexation Area Study
A. Objective
Prepare an annexation study for the area located west of the Florida East Coast (FEC)
Railroad right-of-way (a.k.a. Village Annexation Areas 4B and 4C) within the Village's
designated annexation area.
B. Scope Of Services
Task 1. Complete a property ownership analysis to determine compliance with
Chapter 171.0413(5), Florida Statutes.
1.1 Determine if the annexation area represents 5% or more of the total
area of the Village.
1.2 Inventory of area by land use, including a determination of
appropriate Village Future Land Use categories.
1.3 Using Property Appraiser maps and records, determine ranges of
street addresses within annexation area
1.4 Using street address ranges, procure voter registration data from
Supervisor of Elections
1.5 Create a spread sheet, including the following data, by parcel:
Parcel Control Number (PCN); size (acres); street address; owner
name; owner address; Homestead Exemption status; number and
names of registered voters at address.
1.6 Using Property Appraiser maps, indicate lots where a registered
voter(s) resides.
Task 2. Inventory development characteristics of the annexation area:
2.1 Current future land use and zoning designations (County).
2.2 Existing land use, including density and intensity of use.
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2.3 Circulation system characteristics (i.e rights-of-way width;
pavement width; and general condition).
2.4 Status of the Congress Avenue extension.
Task 3. Prepare a comparative analysis of ad valorem taxes generated by the
annexation area before and after annexation. Estimate other sources of
Village revenue to be generated by the annexation area.
Task 4. Prepare written report of the results of Tasks 1 - 3.
Time Frame - Tasks I - 4 will be completed within two months from the date of program
commencement.
Cost To Complete The Scope Of Services - Not to exceed $10,000, based upon an
average rate of $95.00 per hour.
,._
Date: February 1, 2007
Ja es P.Fleisc mann,
Vice President
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