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1997-049 Comp Plan Amendments Agreement w/LRM• RESOLUTION NO. 49-97 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., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING SERVICES IN THE PREPARATION OF COMPREHENSIVE PLAN AMENDMENTS REQUIRED BY CHAPTER 163, FLORIDA STATUTES AND CHAPTER 9 J-5, FLORIDA ADMINISTRATIVE CODE, FOR RECENTLY ANNEXED PROPERTIES OF THE VILLAGE; 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. attached as Exhibit "A" which Agreement is for the purpose of securing services in the preparation of Comprehensive Plan Amendments required by Chapter 163, Florida Statutes and Chapter 9 J-5, Florida Administrative Code, for recently annexed properties of the Village. 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 4~ th DAY OF 1997. (Village Seal) AUGUST AYOR ATTEST: ~~ ILL CLERK • • A G R E E M E N T AGREEMENT made this 14th day of August 1997 by and between the VILLAGE OF NORTH PALM BEACH, FLORIDA, (herein referred to as the "VILLAGE") and LAND RESEARCH MANAGEMENT, 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: 1. Prepare Comprehensive Plan Amendments • -1 - required by Chapter 163, Florida Statutes and Chapter 9J-5, • Florida Administrative Code for the recently annexed properties in the area of the Village located immediately east of S.R. Alternate A-1-A. 2. Attend local planning agency and/or Village Council meetings that are related to reviewing and adopting the Comprehensive Plan Amendments. Meeting attendance shall include LRM, INC. staff time necessary to prepare for said meetings. 3. Prepare any necessary responses to the Objections, Recommendations and Comments (ORC) Report prepared by the Florida Department of Community Affairs. 4. 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, completion and adoption of the Comprehensive Plan Amendments. 2. Be responsible for reproduction of the necessary copies of the Comprehensive Plan Amendments. 3. Prepare and submit for publication, all required public notices related to the legal advertising of the Comprehensive Plan Amendments C. Comprehensive Planning Services. Comprehensive Planning Services to be provided by LRM, Inc. • include all activities necessary to procure a finding of -2- compliance for the Comprehensive Plan Amendments by the • Florida Department of Community Affairs. III. COMPENSATION AND METHOD OF PAYMENT A. LRM, INC. shall be compensated for preparation of the documents and performance of all duties set forth herein based on a chargeable rate of Sixty Dollars ($60.00) per man-hour, plus reimbursement for expenses incurred that are reasonable and necessary to completing of this work program. The persons who will perform the scope of services on behalf of LRM, INC. include James P. Fleischmann and Kevin G. McGinley, Principals of LRM, INC. Both Principals are planners and not such as secretaries or billing clerks. Reimburseable expenses shall include costs for: • 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 • -3- 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 ten thousand ($10.000.00) dollars. If LRM, Inc. has received Compensation and expenses totaling $10,000.00, LRM, Inc, shall complete its scope of services as set forth in this contract without additional compensation from the VILLAGE. IV. TIME OF PERFORMANCE. A. The effective date of this Agreement shall commence 14th day of August 1997 and continue through final submittal and a finding of compliance of the • Comprehensive Plan Amendments by the Florida Department of Community Affairs. 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 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 $10,000. V. GENERAL STATEMENTS. A. If the VILLAGE desires additional or continual • assistance by LRM, INC., in furtherance of its planning, zoning -4- 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 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- 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 NORTH PALM BEACH, FLORIDA MAYOR FLORIllA, AND LRM, INC. have executed this Agreement on this day and year first above written. WITNESSES: i- ~, LAND RESEARCH MANAGEMENT, INC. BY: _ JA P. FLE CHMANN, Vi a President -6-