1991-32 Land Research Management, Inc. Contract~-
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RESOLUTION N0. 32-91
A RESOLUTION OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING
CONTRACT WITH LAND RESEARCH MANAGEMENT, INC., ATTACHED AS BXHIBIT
"A" FOR THS PURPOSE OF AMENDING THS COMPREHENSIVE PLAN; AND
PROVIDING FOR AN EFFECTIVE DATE.
BB IT RESOLVED BY THS 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 is adoption.
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PASSED AND ADOPTED THIS
22nd DAY OF August 1991.
Mayor
ATTEST:
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Village Cle t
FIRST UNITARIAN CHURCH
EXHIBIT "A"
A G R S S M 8 N T
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 RSSSARCH MANAGSMBNT, INC.
W I T N B S S 8 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 to assist in other planning
requirements; and
WHEREAS, LAND RSSSARCH MANAGEMENT, INC., has established
itself as a qualified consulting firm capable of performing the
VILLAGE'S comprehensive planning program; and
WHEREAS, LAND RSSSARCH 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 RSSSARCH MANAGEMENT,
INC., (hereinafter referred to as."LRM, INC.") ae 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
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 Vnit 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
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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
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LOS Standards within the Village Land Development Regulations.
2. Housing 8lement
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 8lement
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 8lement
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 8nvironmental Study.
III. COMPENSATION AND METHOD OF PAYltSNT
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:
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1. Materials
2. Reproduction and copying.
3. Other out-of-pocket expenses as approved
by the Village Manager.
B. LRM, INC. shall invoice the VILLAGB 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. TIMB OF PBRFORMANCB.
A. The effective date of this Agreement shall
commence August 22 1991, and continue through final
submittal and approval of the VILLAGB OF NORTIi PALM BBACFt 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
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time from its positlon with the VILLAGB 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 STATSMSNTS.
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 (560:00) 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
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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.
S. 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.
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IN WITNESS WHEREOF, the VILLAGS OF NORTH PALM BSACH, FLORIDA,
and LRM, INC. have executed this Agreement on the day and year
first above written.
T T:
V LLAGE CLERK
VILLAGS OF NORTH PALM BSACH,
FLCnrnr
BY:
WITNESSES: LAND RESEARCH MANAGEMENT, INC.
BY:
S P. FL ISCHMANN;
V e President
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