1995-053 Agreement for Comp Plan Reportr~
RESOLUTION NO. 53-95
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
VILLAGE CLERK TO SNTSR INTO AN AGREEMENT WITH
LAND RESEARCH MANAGEMENT, INC. ATTACHED AS
EXHIBIT "A", WHICH AGREEMENT ENCOMPASSES THE
PREPARATION AND SUBMISSION OF AN EVALUATION
AND APPRAISAL REPORT OF THE VILLAGE
COMPREHENSIVE PLAN AND COMPLETION AND
SUBMITTAL OF THE DEPARTMENT OF COMMUNITY
AFFAIRS ASSISTANCE PROGRAM CONTRACT; AND;
PROVIDING FOR AN EFFECTIVE DATE.
' WHEREAS, the Village of P7orth Palm Beach is required to
prepare and submit an "Evaluation and Appraisal Report" of the
Village Comprehensive Plan on or before September 1, 1996; and
WHEREAS, the Village of North Palm Beach is desirous of
acquiring the services Land Research Management, inc. to prepare
and submit the "Evaluation and Appraisal Report" and for the
completion and submission of the Department of Community Affairs
Assistance Program Contract.
BE IT RESOLVED BY THB VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1_ The Village Council of the village of North
Palm Reach, Florida, does hereby approve the Agreement attached
with Land Research Management, inc. attached as Exhibit "A," which
agreement encompasses the preparation and submission of an
Evaluation and Appraisal Report of the Village Comprehensive Plan
and completion and submittal of the Department of Community Affairs
Assistance Program Contract.
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 20th DAY OF November 1995.
(Village Seal)
A
1
V
MAYOF'. ~----
EXHIBIT "A"
A G R E 8 M E N T
AGREEMENT made this 20th day of November , 1995
by and between the VILLAGE OF NORTH PALM BEACH, FLORIDA, (herein
referred to as the "VILLAGE") and LAND RESEARCH MANAGEMSNT,
INC.
W I T N E S S E 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
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:
t 1. Prepare the Evaluation And Appraisal Report
for review and approval by the Village Council.
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2. Attend local planning agency and/or Village
^ouncil meetings that ar.e related to reviewing and adopting
' the Evaluation And Appraisal Report. Meeting attendance shall
include LRM, INC. staff. time necessary to prepare for said
meetings.
3. 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 work program as outlined in APPENDIX A, hereof.
2. Be responsible for reproduction of the
necessary copies of the Evaluation And Appraisal Report.
3. Prepare and submit for publication, all
' required public notices related to the legal advertising of
the Evaluation And Appraisal Report.
C. Evaluation And Appraisal Report Services.
Evaluation And Appraisal Report Services to be provided by LRM,
INC. are specifically set forth in APPENDIX A, attached hereto.
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. Reimburseable
' 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 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 twenty thousand ($20.000.00) dollars.
IV. TIME OF PERFORMANCE.
A. The effective date of this Agreement shall
commence 20th day of November 1995 and continue
through final submittal and approval of the Evaluation And
Appraisal Report and all other requirements of Sections IIA
and IIC 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
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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 $20,000.
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.
' 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
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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.
IN WITNESS WHEREOF, the VILLAGE OF NORTH PALM BEACH,
VILLAGE OF NORT'HIPALM BEACH, FLORIDA
By V
MAYOR
ATTEST:
ILLAGE CLERK
1
FLORIDA, AND LRM, INC. have executed this Agreement on this
day and year first above written.
WITNESSES:
LAND RESEARCH MANAGEMENT, INC.
BY:
JAM P. FLEIS,HMANN,
Vi a President
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1
APPENDIX A
i~
1
TITLF.
WORK PLAN OUTLINE
PAGE
1
SCHEDULE OF KEY PRESENTATIONS AND COMPLETION OF WORK 4
PROJECT DELIVERABLES AND ESTIMATED FEES
4
An outline of the proposed work plans Parts 1 and 2, is presented
below. A project schedule, including commencement of work, key
' presentations and completion of work is presented in TABLE 1.
Project deliverables and associated fees are presented in TABLE
2. Total cost for completing the Evaluation and Appraisal Report
(EAR) is $20,000.
WORK PLAN OUTLINE
GENERAL STATEMENT: The services provided under this scope shall
be performed for the total area under the Village planning
jurisdiction. Services provided are apportioned to two PARTS:
PART 1 is oriented to completing the DCA Assistance Program
Contract; and PART 2 is oriented to completing the balance of
the Evaluation and Appraisal (EAR) report.
PART 1 - SCOPE OF SERVICES:
TASK 1: Initial Comprehensive Plan Condition Statement (Time
of Adoption).
1.1 Prepare, on an element-by-element basis, a summary
of pertinent 1990 Comprehensive Plan support documentation (data,
analyses and projections).
1.2 Prepare, on an element-by-element basis, a listing
of measurable objective and/or policy statements.
TASK 2: Current Comprehensive Plan Support Documentation
' Condition Statement.
2.1 Prepare, on an element-by-element basis, updated
support documentation (using formats similar to those used in
Task 1.1) including any additional data and analyses requirements
resulting from any amendments to F.A.C. Chapter 9J-5, since
the time of 1990 Comprehensive Plan adoption.
2.2 Prepare a summary of all land use text and map
amendments and any other text amendments made to the 1990
Comprehensive Plan.
2.3 Prepare a current existing land use map and land
use tables.
2.4 Prepare a current existing traffic circulation map.
2.5 Prepare written summaries, as necessary, of the
condition and quality of pertinent natural resources within
the City.
TASK 3: Prepare a description o£ the public participation
process to be used in the preparation of the E.A.R. report.
1
PART 2 - SCOPE OF SERVICES:
TASK 9: Statement of major problems of development, physical
t deterioration, location of land uses and social and economic
effects related thereto having an impact on the objectives of
the 199p Comprehensive Plan.
4.1 Discuss the accuracy and use of population projections.
9.2 Discuss the actual versus anticipated rate of
development.
4.3 Discuss the effects of concurrency requirements.
4.9 Discuss the maintenance and/or achievement of adequate
level of service standards.
4.5 Discuss the coordination of development with the
provision of public facilities and services.
4.6 Discuss the relationship between actual versus
projected revenues and expenditures regarding capital
improvements.
4.7 Discuss the generation and status of new revenue
sources.
' 4.8 Discuss the extent to which physical deterioration
of buildings, infrastructure, recreation facilities and parks
have effected the need for replacement and/or rehabilitation.
4.9 Discuss the extent of physical deterioration of
buildings and structures in the non-residential land use
categories.
4.10 Discuss the extent of physical deterioration of the
housing stock.
9.11 Discuss the location of development in relation to
existing infrastructure.
9.12 Discuss the actual location of development in relation
to where development was anticipated in the 1990 Comprehensive
Plan.
9.13 Discuss the location of development in relation to
the maintenance of environmentally sensitive areas, if
appropriate.
9.14 Discuss the social and economic effects of any major
problems defined in Tasks 4.1 - 4.13, including a description
' of the effects.
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TASK 5: Statement of. unanticipated and unforeseen problems
aridlor opportunities and their impacts upon the 1990
Comprehensive Plan.
t 5.1 Conduct a series of interviews with department heads
and a working session with the LPA to define any unanticipated
problems and opportunities.
5.2 Based upon the results of Task 5.1, prepare a working
paper discussing findings and conclusions and the effects thereof
upon the 1990 Comprehensive Plan.
TASK 6: Comparison of the objectives of the 1990 Comprehensive
Plan with actual results.
6.1 Determine whether measurable objectives, per Task
1.2 (PART 1) were achieved.
6.2 For objectives which were not achieved, discuss the
reasons therefore, based upon the results of PART 1 and TASK
6.1, PART 2.
TASK 7: Assessment of the consistency of the 1990 Comprehensive
Plan with changes to: (1) State Comprehensive Plan; (2) Treasure
Coast Regional Policy Plan; (3) Changes to F.A.C. 9J-5; and
(9) F.S. 163, Part II.
' 7.1 Prepare consistency statements.
7.2 Prepare proposed Objective and Policies resulting
from Task 7.1.
TASK 8: Identification of actions needed to address planning
issues raised during the implementation of the PART 1 and PART
2 Scope of Services.
8.1 Prepare revised minimum 5 and 10 year population
projections.
8.2 Prepare new and/or revised goals, objectives and
policies.
8.3 Prepare revised future conditions maps, if necessary.
8.4 Prepare a new Capital Improvements element, including
the definition of any necessary studies to be completed.
8.5 Revise monitoring and evaluation procedures, if
necessary.
TASK 9: Preparation of EAR document consistent w9.th the
requirements of F.S. 163.3191 and F.A.C. 9J-5.0053 using the
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format requirements of F.A.C. 9J-5.0053(2)(a).
' 9.1 Draft EAR document combining written work products
from the PART 1 Scope of Services and TASKS 4 - 8 of the PART
2 Scope of Services.
9.2 Conduct public meetings, per adopted public
participation procedures, with the LPA and Village Council and
incorporate any comments generated into the final EAR to be
adopted by the Village Council.
9.3 Submit the final EAR, according to the requirements
of F.A.C 9J-5.0053(3)(g) to DCA.
9.4 Prepare a response to the DCA sufficiency review,
per F.A.C. 9J-5.0053(9)(e) if necessary.
TABLE 1
SCHEDULE OF KEY PRESENTATIONS AND COMPLE'PION OF WORK
(Anticipated Start Date - 12/1/96)
Completion Of Work Schedule Schedule
Or Presentation (Completion Date) (Meeting)
PART 1 SCOPE
Complete Task 1 12 31 95
Complete Task 2 1/31/96
Complete Task 3 12/31/95
Completion Report - LPA 2/96
Completion Report - Council 2/96
Submit Contract Report to DCA 2/28/96
PART 2 SCOPE
Complete Task 4 2 28/96
Progress Report - LPA 3/96
Complete Task 5 2/28/96
Complete Task 6 3/31/96
Progress Report - LPA 9/96
Complete Task 7/8 4/30/96
Progress Report - LPA 5/96
Complete Task 9.1 6/15/96
Complete Task 9.2 7/96
Complete Task 9.3 B/31/96
TABLE 2
PROJECT DELIVERABLES AND ESTIMATED FEES
TASK DELIVERABLE EST. FEE
1 Comprehensive Plan Condition Statement $ 2,000
2 Updated Support Documentation 6,000
3 Public Participation Process 500
4 Major Problems Statement 1,000
5 Unanticipated Problems and Opportunities 2,000
6 Comprehensive Plan Objectives Analysis 1,000
7 Consistency Assessment 1,000
8 Necessary Comprehensive Plan Amendments 2,000
9 Evaluation And Appraisal Report 1,000
TOTAL $20,000
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