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HomeMy WebLinkAboutDocumentation_Regular_Tab 8B_3/24/1988 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT prepared by Executive Management & Engineering Consultants, Inc. , made this day of , 1988, by and between the Village of Tequesta, a Florida Municipal Corporation (herein referred to as the Village) and Executive Management and Engineering Consultants, Inc. of Lake Worth, Florida, a Florida Corporation (herein referred to as EMEC) replaces and supercedes the previous existing Agreement for preparation of Comprehensive Plan documents. WITNFSSETH: WHEREAS, the Village Council of the Village of Tequesta, Florida, has by official action, determined it necessary to update its comprehensive planning and program as per the requirements of the State of Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 (LGCP/LDRA) to include Comprehensive Planning and Mapping for the pro- posed annexation reserve areas; said areas to include the entire natural boundary annexation area as established by Village Charter and that portion of Section 26 and all of Section 27 west of the current Village boundary; and WHEREAS, the Village desires to retain professional services qualified to update, modify and/or prepare the Village of Tequesta Comprehensive Development Plan and implementing ordinances to conform with the requirements of the State of Florida LGCP/LDRA; and WHEREAS, DEC has heretofore completed various professional planning, zoning, management, engineering, and administrative services and functions to local governments in general; and WHEREAS, EMEC has established itself as a qualified consulting firm capable of performing the Village's comprehensive planning program: NOW THEREFORE, the parties hereto do mutually agree as follows: I. Scope of Service A. EMEC shall: 1 . Prepare and/or revise as necessary the following work elements of the Village of Tequesta Comprehensive Development Plan in a form and manner so as to meet the requirements of the LGCP/LDRA, the Department of Community Affairs Rule 9J-5. a. Review and analyze all elements of the Village's current Comprehensive Development Plan; b. Prepare an Evaluation and Appraisal Report that meets the require- ments of the LGCP/LDRA. c. Update the Comprehensive Development Plan to reflect recommen- dations of the Evaluation and Appraisal Report (hereinafter referred to as EAR); • -1- d d. Upon completion of the EAR and updated Comprehensive Development Plan present one original copy of each Plan document to the Village; e. Represent the Village during the review and comment processs at all County, regional, and State meetings. B. The Village shall: 1 . Provide any and all Village data, records, information, and other related material and supplies to EMEC necessary for the completion of the work elements as outlined above; II. Time of Performance A. The effective term of this Agreement shall commence upon the date of execution by both parties and shall continue until completion of the aforementioned work elements as set forth in Section I above. B. EMEC shall be responsible for meeting the content, procedural and timing requirements as set forth by the Local Government Comprehensive and Land Development Regulation Act, however, it shall not be held liable by any action or non-action of the Village of Tequesta which can be said to have caused said non- compliance in meeting said requirements. III. Compensation and Method of Payment A. For services set forth in Section I, above, the total amount charged by EMEC shall be based on its hourly rates, plus reimbursables. Said rates are as follows: Principal/Consultant/Mgmt. Planner $80.00 Principal/Consultant/Chief Engineer $75.00 Chief Planner $60.00 Planner $50.00 Research Specialist $22.50 Technician $20.00 Computer Processor $25.00 Clerical $12.50 Based upon the proportional disbursement of the above listed rates, an average rate of $60.00 per man-hour has been established. Therefore, the total charge may be less than, but will not exceed, the amount of $13,500.00 -2- In accordance with the State of Florida Department of Community Affairs for the Village's program of meeting the LGCP/LDRA require- ments, the following will apply: Revision of Evaluation and Appraisal Report and Preparation of Comprehensive Plan $11 ,500.00 Revision of Map Series for the above Plan $ 2,000.00 B. EMEC shall invoice the Village on or before the 5th of each month for services rendered during the previous month. Payments shall be received by EMEC on or before the 15th of each month. IV. General Statements A. Documents, work papers and the like compiled, maintained and developed pursuant to this Agreement by EMEC or subcontractors of EMEC shall become the property of the Village should this Agreement be terminated prior to completion of the Scope of Services outlined herein. B. If, after the completion of work as outlined in this Agreement, the Village desires continued EMEC assistance in furtherance of its planning and engineering programs, this work can be negotiated at that time under separate agreement. C. All of the services required hereunder will be performed by EMEC and the Village. D. EMEC shall be authorized under the terms of this Agreement to sub- contract professional services if, and when, deemed necessary EMEC in the preparation of the aforementioned work elements. EMEC will be solely responsible for payments due to any subcontractor. E. This instrument represents the basis for agreement by the parties and there are no promises, terms, conditions, or obligations other than those herein contained. This Agreement shall supersede all previous communications, representations, advertisements, or agreements relating to the preparation of the Village Comprehensive Plan, either verbal or written between the parties hereto and not herein contained; and it may not be modified or amended, unless in writing and signed by both par- ties. F. In the event that any part, term, or provision of this Agreement is by a court of competent jurisdiction found to be illegal, the validity of the remaining portion 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 pro- vision held to be so invalid. -3- G. Under the terms of this contract, EMEC further agrees to be bound by the terms and conditions of the Village's contract for planning assistance funds with the State of Florida, Department of Community Development. H. EMEC hereby agrees to hold the State of Florida, Department of Community Development, and the Village harmless against all claims arising out of the performance of EMEC, I. If this Agreement meets with the Village's approval, please sign and return one (1) copy to EMEC. This action will then be recognized as an order to proceed. IN WITNESS WHEREOF, the Village of Tequesta and Executive Management and Engineering Consultants, Inc. have executed this Agreement as of the date first above written. Euge A. Caputo President 2QQ /9 r Exe utive Management & Da4 Engineering Consultants, Inc. Witness: dx Thomas G. Bradford, Village Manager Date Village of Tequesta Witness: -4- .