Loading...
HomeMy WebLinkAbout1991-32 Land Research Management, Inc. Contracta : 1 RESOLUTION NO. 32-91 A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING CONTRACT WITH LAND RESEARCH MANAGEMENT, INC., ATTACHED AS EXHIBIT "A" FOR THE PURPOSE OF AMENDING THE COMPREHENSIVE PLAN; 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 does hereby approve the Agreement with Land Research Management, Inc. attached as Exhibit "A", for the purpose of amending 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. as 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 22nd DAY OF August , 1991. ATTEST: 1 Village diet: Mayor EXHIBIT "A" AGREEMENT AGREEMENT made this 22nd day of August , 1991 by and between the VILLAGE OF NORTH PALM BEACH, FLORIDA (herein referred to as the "VILLAGE"), and LAND RESEARCH MANAGEMENT, INC. W ITNESSET 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 to assist in other planning requirements; 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 the 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. Attend local planning agency and/or Village 1 council meetings that are related to reviewing and adopting Comprehensive Plan amendments. Meeting attendance shall include LRM, Inc. staff time necessary to prepare for said meetings. 2. Provide original copies of all documentation prepared for or provided pursuant 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 work program as outlined. 2. Be responsible for reproduction of the necessary copies of the support documentation. C. Comprehensive Plan Amendment Services LRM, INC, shall complete the following Comprehensive Plan Amendment activities: 1. Support Documentation revisions and Comprehensive Plan amendments resulting from the following Village actions: a. Annexations - Twelve Oaks, Fishermans Village, 1st Unitarian Church, Prosperity Harbor North; b. Planned Unit Development approval - Sanctuary Bay, Sanctuary Cove, Prosperity Harbor North and Prosperity Harbor South 2. Support Documentation revisions and Comprehensive Plan amendments necessary to address the Little Munyon Island issue 3. Support Documentation and Comprehensive Plan amendments to update the Capital Improvements element based on the Village Council budget decisions. 4. Support Documentation and Comprehensive Plan amendments resulting from work completed in Section D, Comprehensive Plan Implementation Services. 5. Prepare written responses to Florida Department of Community Affairs Comprehensive Plan amendment comments (i.e. ORC Report) and complete all work related to a Stipulated Agreement, should one be required. 6. correct all scrivener errors in the existing Support Documentation and the Comprehensive Plan. 7. Attend Local Planning Agency, Village Council and other agency meetings necessary to prepare and adopt the comprehensive Plan amendments. D. Comprehensive Plan Implementation Services LRM, INC. shall complete the following services oriented towards implementing the Objectives and Policies of the Comprehensive Plan. 1. Traffic Circulation Element. a. Policy 1.2. Prepare plan to initiate action to designate County Road A-1-A a Constrained Roadway at a Lower Level of Services. b. Policy 1.5. Update Traffic Circulation element Support Documentation using the most current traffic date and capacity standards and derive permanent LOS Standards. c. Policy 2.1. Incorporate permanent Traffic 3 LOS Standards within the village Land Development Regulations. 2. Housing Element a. Policy 3.4. Prepare a report regarding the implementation of housing alternatives to lower housing costs in the Village. b. Policy 3.6. Update the Land Development Regulations to ensure that affordable housing is available to persons displaced by public/governmental action prior to their displacement. 3. Conservation Element a. Policy 5.1. Expand Chapter 5, Article IV, Marine sanctuaries, to refine the intent and jurisdictional applications of the ordinance and to expand the ordinance to include fisheries and manatee protection. 4. Coastal Management Element a. Policy 2.4. Prepare recommendations as to the need to amend the Comprehensive Plan and Support Documentation based on the recently published Lake Worth Environmental Study. 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 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. Reimbursable expenses shall include costs for: 4 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 reimbursable 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 twenty-one thousand ($21,000.00) dollars. IV. TIME OF PERFORMANCE. A. The effective date of this Agreement shall commence August 22 , 1991, and continue through final submittal and approval of the VILLAGE OF NORTH PALM BEACH revised Comprehensive Plan, and all other requirements of Section IIA3 of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of LRM, INC. to resign at any 5 time from its position with the VILLAGE by providing at least two (2) weeks written notice, giving a reasonable date of termination of such Agreement such that the VILLAGE shall have an opportunity to fill said vacancy. C. 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. D. If LRM, Inc. terminates the contract and such termination results in the Village being required to expend monies in excess of $21,000.00 to complete the scope of services called for in this contract, then LRM, Inc. shall be responsible to reimburse and indemnify the Village for such excess monies. 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 reimbursable expenses. Paragraph III. D. of this Agreement shall not apply to the terms of this Paragraph V. A. man hours shall only be performed by the following principals of LRM, Inc.: James Fleischmann, Richard Stalker, and Kevin McGinley. S. 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. 7 IN WITNESS WHEREOF, the VILLAGE OF NORTH PALM BEACH, FLORIDA, and LRM, INC. have executed this Agreement on the day and year first above written. TEST: LLAGE CLERK WITNESSES: 8 VILLAGE OF NORTH PALM BEACH, FLORIDA LAND RESEARCH MANAGEMENT, INC. BY: 8 P.L11ISCHMANN; e President