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HomeMy WebLinkAboutDocumentation_Regular_Tab 8B_10/12/1995 RESOLUTION NO. 2 - 95/96 ME 13 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN AGREEMENT WITH JLH ASSOCIATES FOR PLANNING SERVICES ASSOCIATED WITH THE PREPARATION OF THE TEQUESTA EVALUATION AND APPRAISAL REPORT AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE.. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The JLH Associates agreement to prepare the Tequesta Evaluation and Appraisal Report, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Mayor of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. • THE FOREGOING RESOLUTION WAS OFFERED by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows : FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 12th day of October, A.D. , 1995 . MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Joann Manganiello Village Clerk „„A iiiiiiiiiiiiiiiiiiiiiiiiiiii MEMORANDUM To: Thomas G. Bradford, Village Manager From: Scott D. Ladd, Building Official jj Date: September 26, 1995 Subject: JLH Associates EAR Agreement Tom, attached are 18 copies of the above referenced document which has been amended per the recommendations of the Village Attorney. Please place this item on the agenda of an upcoming Council meeting for consideration and acceptance by the Council. Thank you. AGREEMENT AGREEMENT made this day of , 1995 by and between the VILLAGE OF TEQUESTA, FLORIDA, (herein referred to as the "VILLAGE") and JLH ASSOCIATES. WITNESSETH WHEREAS, the VILLAGE desires to appoint a Consultant familiar with the VILLAGE'S comprehensive planning and zoning matters to prepare the Evaluation And Appraisal Report; and WHEREAS, JLH ASSOCIATES has established itself as a qualified consulting firm capable of performing the VILLAGE"S comprehensive planning program; and ' WHEREAS, JLH ASSOCIATES 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 JLH ASSOCIATES as Consultant to the VILLAGE to perform the duties as specified herein. II. SCOPE OF SERVICES. A. JLH ASSOCIATES shall: . 1 . Complete the Tasks identified in ATTACHMENT 1 , hereto, as per Section III (B) ( 1 ) - ( 4 ) of the State Of Florida Department Of Community Affairs Evaluation And Appraisal Report Assistance Program Contract (Contract No. 96-DR-82-10- 60-02-039 ) by and between the Village and the Florida Department -1 - of Community Affairs . 2. Attend local planning agency and/or Village Council meetings that are related to reviewing work completed under Section II .A.1 , above. Meeting attendance shall include JLH ASSOCIATES staff time necessary to prepare for said meetings. 3. Provide original copies to the Village of all documentation prepared 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 in ATTACHMENT 1 , hereto. 2. Be responsible for reproduction of the necessary copies of the documentation to satisfy the requirements of Contract No. 96-DR-82-10-60-02-039 . 3. Prepare and submit for publication, all required public notices related to the legal advertising of public meetings related to the review of work completed under this Agreement. II. COMPENSATION AND METHOD OF PAYMENT A. JLH ASSOCIATES 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 Seventy-Five Dollars ( $75.00 ) 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: -2- 1 . Materials. 2. Reproduction and copying. 3. Mileage, at a rate of $0.25 per mile; and 4. Other , out-of-pocket expenses as approved by the Village Manager. B. JLH ASSOCIATES shall invoice the VILLAGE on or before the 5th day of each month for services rendered by JLH ASSOCIATES during the previous month. All invoices shall include a breakdown of man-hours incurred and itemization of reimburseable expenses. Payments shall be received by JLH ASSOCIATES 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 JLH ASSOCIATES result in the immediate ceasing of all remaining or continual services as set forth above and shall remain so until payment is received by JLH ASSOCIATES. D. Notwithstanding anything above to the contrary, compensation and expenses payable to JLH ASSOCIATES hereunder shall not exceed the total sum of fourteen thousand and sixty-nine dollars ( $14,069.00) . If JLH ASSOCIATES has been paid compensation of $14, 069.00 under this Agreement and has not completed the Scope of Services set forth in Paragraph I, JLH ASSOCIATES shall complete said Scope of Services without payment of additional compensation. III. TIME OF PERFORMANCE. A. The effective date of this Agreement shall commence day of 1995 and continue through final submittal of the documentation identified in -3- ATTACHMENT '1 of this Agreement and which fulfills the submittal requirements of Contract No. 96-DR-82-10-60-02-039. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of JLH ASSOCIATES to terminate this Agreement 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 this AGREEMENT at any time by providing at least two (2) weeks written notice stating the date of termination of services. IV. GENERAL STATEMENTS. A. JLH ASSOCIATES shall be authorized under the terms of this Agreement to subcontract professional services if, and when, deemed necessary in the performance of the aforementioned Scope of Services. B. 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. C. 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 -4- Agreement did not contain the particular part, term or provision held to be so invalid. IN WITNESS WHEREOF, the VILLAGE OF TEQUESTA, FLORIDA AND JLH ASSOCIATES have executed this Agreement on this day and year first above written. VILLAGE OF TEQUESTA, FLORIDA By: MAYOR ATTEST: VILLAGE CLERK WITNESSES: JLH A CIATE BY: J K L. HORNIMAN esident -5- ATTACHMENT 1 A. SCOPE OF SERVICES: GENERAL STATEMENT: The services provided under this scope shall be performed for the total area under the Village planning jurisdiction. Further, services provided will fulfill the minimum report criteria required by the State of Florida Department of Community Affairs Evaluation And Appraisal Report Assistance Program Contract (No.96-DR-82-10-60-02-039) . 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) , as required by the above referenced DCA Contract. 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 current existing land use map and land use tables . TASK 3: Description of the public participation process to be used in preparation of the Evaluation And Appraisal Report. B. SCHEDULE OF KEY PRESENTATIONS AND COMPLETION OF WORK Completion Of Work Schedule Schedule Or Presentation (Completion Date) (Meeting) Complete Task 1 12/15/95 Complete Task 2 2/15/96 Complete Task 3 10/15/95 Status Report - LPA/Council 3/96 Submit Contract Report to DCA 5/1 /96 C. PROJECT DELIVERABLES AND ESTIMATED FEES TASK DELIVERABLE EST. FEE 1 Comprehensive Plan Condition Statement $ 4,500 2 Updated Support, Documentation 8,500 3 Public Participation Procedures 1 , 069 TOTAL $14, 069 -6-