2006-012 Agrmnt w/LRM for Planning & Zoning ServicesRESOLUTION NO. 2006-12
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. (LRM, INC.) ATTACHED AS EXHIBIT "A", WHICH
AGREEMENT PROVIDES THE VILLAGE WITH A CONSULTANT TO PERFORM
GENERAL PLANNING AND ZONING SERVICES; 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. (LRM, Inc.) attached as
Exhibit "A", which agreement provides the Village with a consultant to perform general
planning and zoning services.
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 9TH DAY OF MARCH, 2006.
~ Village Seal)
ATTEST:
~ ~ ~~~~~~
"' Village Clerk
AttarhmPnt "A"
Au~~EMEN3'
AGREEMEI~'T rr~ade this / ~~ day of 1'I'),1~~!-~ , 2006 by and between the
Village of North Palm Beach, Florida, (herein referred to as the "Village") and Land Research
Management, Inc. (hereinafter referred to as "LRM, INC. ").
WITNESSETH:
WHEREAS, the Village desires to appoint a Consultant to perform general
planning and zoning services; and
WHEREAS, Land Research Management, Inc. has established itself as a
qualified consulting firm capable of performing such services; and
WHEREAS, Land Research Management, Inc. wishes to accept appointment as
Consultant for the Village under the terms and conditions stated herein.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
I. DUTIES.
The Village hereby appoints LRM, INC., as its Consultant to perform the duties as
specified herein.
II. SCOPE OF SERVICES.
A. LRM, INC. shall provide general planning services, as directed by the
Village Manager, or his designee.
B. The Village shall:
1. Provide any and all Village data, records and
information and materials necessary for completing the planning
services.
2. Be responsible for reproduction of the necessary copies
of the documents prepared by LRM, INC. pursuant to the Scope of
Services.
3. Submit for publication, all required public notices related
to the legal advertising of the work products as recommended and
prepared in writing by LRM, INC. pursuant to the Scope of
Services.
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III. COMPENSATION AND METHOD OF PAYMENT
A. LRM, INC. shall be compensated for the completion of planning and
zoning services, at a rate of ninety-five dollars per hour ($95.00/hr.), with prior written
authorization of the Village Manager, or his designee. Billed time will be rounded down to the
nearest one-quarter hour (1/4 hr.).
B. LRM, INC. shall invoice the Village on or before the 1St day of each
month for services rendered by LRM, INC. during the previous month. Payments shall be issued
by the Village to LRM, IIvC. within ~ ~ days of receipt.
IV. TIME OF PERFORMANCE.
A. Work performed by LRM, INC. shall commence upon execution of this
Agreement by both parties, and continue through approval by the Village of any work products
prepared hereunder.
B. This Agreement may be terminated by the Village, with or without cause,
upon providing written notice to LRM, INC. This Agreement may be terminated by LRM, INC.,
upon thirty (30) days prior written notice to the Village. Upon any such termination, LRM, INC.
waives any claim for damages from such termination, including, but not limited to, loss of
anticipated profits. Unless LRM, INC. is in breach of this Agreement, the Village shall pay
LRM, INC. for services rendered through the date of termination in accordance with the terms of
the Agreement.
V. GENERAL STATEMENTS.
A. LRM, INC. shall be authorized under the terms of this Agreement to
subcontract professional services, upon prior written approval of the Village Manager, in order to
perform services under this Agreement. The costs of all such work so subcontracted shall be
the responsibility of LRM, Inc., and shall be included in the compensation payable to LRM,
INC.
B. 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.
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Attachment "A"
r' the _'~.' ~f `'-- - -< ~ - ,~, ~ f ,µ ~ ~:
In ., e...........:~ ~;K. t, ....... . ,~rovision o~ t..is A~;reernent .s o r d b,
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.
D. It is hereby understood and agreed that in the event any lawsuit in the
judicial system, federal or state, is brought to enforce compliance with this Agreement or
interpret same, or if any administrative proceeding is brought for the same purposes, the non-
prevailing party shall pay to the prevailing party reasonable attorney's fees and costs, including
appellate fees and costs.
E. LRM, INC. recognizes that it is an independent contractor and not an agent or
servant of the Village. In the event a claim or lawsuit is brought against the Village, its officers,
employees, servants or agents relatir'g to er prising out of r RM, 1NC.'s performance under this
Agreement, LRM, INC. hereby agrees to indemnify, save and hold harmless the Village, its
officers, employees, servants or agents and to defend said persons from any such claims,
liabilities, causes of action or judgements of any type whatsoever.
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 Wirth Palm Beach, Florida
By:
Mayor
AT1'E~T:
~~
~~~~~~~~
Village Clerk
Land Research Management, Inc.
By: .. -~ -
Ja s P. Fleischmann
ice President
Witnesses:
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