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Home My WebLink AboutDocumentation_Regular_Tab 17_11/14/2019 Agenda Item #17. v'oT r rroof Regular Council STAFF MEMO s,1111 , Meeting: Regular Council - Nov 14 2019 Staff Contact: Jeremy Allen, Village Manager Department: Manager TITLE Approve Resolution 55-19 Authorizing the Agreement between the Village of Tequesta and NZ Consultants to Provide Planning Services for the Village of Tequesta. SUMMARY: Consultant will provide professional planning services through its Principal and its Planning and Zoning Tech. The Consultant's Principal shall serve in the capacity of Community Development Director for the Village, and shall be responsible for all matters under the jurisdiction of the Community Development Department, including attendance at all regular Planning and Zoning Board and Local Planning Agency meetings, as well as Village Council meetings and Workshop meetings as directed by the Village Manager. ATTACHMENTS: Resolution 55-19 Community Development Director Resolution Community Development Director Agreement • Page 362 of 427 Agenda Item #17. • RESOLUTION NO.55-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE MAYOR OF TEQUESTA TO SIGN A "DIRECTOR OF COMMUNITY DEVELOPMENT CONSULTANT AGREEMENT" WITH NZ CONSULTANTS, INC.; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta desires to renew its Director of Community Development Consultant Agreement with NZ Consultants, Inc. (hereinafter the "Agreement"); and WHEREAS, the Village's desire to enter into the Agreement and to authorize the Mayor to execute same is evidenced by the adoption of this Resolution by the Village Council; and WHEREAS, the Village Council of the Village of Tequesta believes that it is in the best interests of the health, safety and welfare of its citizens to authorize the Mayor to execute the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,PALM BEACH COUNTY,FLORIDA,THAT: Section 1: The Village Council of the Village of Tequesta, a municipal corporation, hereby approves the Agreement attached hereto as Exhibit "A", and authorizes the Mayor to execute the same. Section 2: This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2019. VILLAGE OF TEQUESTA • 1 Page 363 of 427 Agenda Item #17. • VILLAGE OF TEQUESTA DIRECTOR OF COMMUNITY DEVELOPMENT CONSULTANT AGREEMENT THIS AGREEMENT FOR COMMUNITY DEVELOPMENT CONSULTING SERVICES is entered into and effective this day of November,2019(the"Effective Date"), by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive,Tequesta,Florida 33469,organized and existing in accordance with the laws of the State of Florida, hereinafter the "Village"; and NZ Consultants, Inc., a Florida corporation,with offices located at 1851 West Indiantown Road, Suite 100,Jupiter,Florida 33458, hereinafter the"Consultant"and collectively with the Village, the"Parties". WITNESSETH The Village and the Consultant, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. SCOPE OF SERVICES: a. The Village and the Consultant both hereby agree that the Consultant will provide professional planning services through its Principal and its Planning and Zoning Tech. The Consultant's Principal shall serve in the capacity of Community Development Director for the Village, and shall be responsible for all matters under the jurisdiction of the Community Development Department, including attendance at all regular Planning and Zoning Board and Local Planning Agency meetings, as well as Village Council meetings and Workshop meetings as directed by the Village Manager. b. Consultant will perform all services for the Village in accordance with all applicable federal, state and local laws,rules and regulations. c. The Consultant's Principal is expected to work 16 hours per week for the Village's Community Development Department,or as needed by determination of the Village Manager. d. The Consultant's Planning and Zoning Tech is expected to work in the Village's Community Development Department each Monday and Wednesday from • 8:30 am to 12:30 pm. In addition, the Consultant's Planning and Zoning Tech Page 1 of 5 Page 364 of 427 Agenda Item #17. • is expected to work additional hours needed for the Village in the Community Development Depai tment or offsite to provide planning services based on the development applications,meetings, or projects to provide accurate and timely responses to applicants. Hours worked will be reflected on the invoices submitted to the Village for time worked. e. The Consultant may provide additional services upon mutual agreement with the Village Manager for the provision of such services. The provision of any such additional services, including additional hours of work and additional compensation shall be pursuant to an addendum to this Agreement,executed by both the Consultant and the Village Manager. 2. INDEPENDENT CONTRACTOR: The Consultant will perform all required services on an independent contractor basis and shall be solely responsible for its employees' payroll taxes to include, but not be limited to Federal Income Withholding Tax, workers' compensation, FICA, and Federal and State Unemployment taxes. The Consultant is responsible • for proper certification and licensure of all officers and employees and for the provision of benefits, insurance, etc. for its officers and employees. 3. COMPENSATION: The fee for services provided pursuant to this Agreement shall be at the rate of Ninety Dollars($90.00)per hour for the Consultant's Principal,for an amount not to exceed$74,880.00 for fiscal year 2019-2020 (concluding September 30,2020); and Thirty- Five Dollars($35.00)per hour for the Consultant's Planning&Zoning Tech, for an amount not to exceed $54,200.00 for fiscal year 2019-2020 (concluding September 30, 2020). The total amount of compensation to be paid to Consultant pursuant to this Agreement shall be an amount not to exceed$129,000.00 for fiscal year 2019-2020(concluding September 30,2020). This rate may be re-negotiated by the parties in conjunction with any renewal of this Agreement. 4. PAYMENT: The Consultant shall submit a monthly billing invoice to the Village identifying and itemizing in detail the task(s) completed by the Consultant and/or her employees, and the amount due and payable to the Consultant. The Village shall pay the Consultant pursuant to the invoice normally within thirty(30) days of receipt. • Page 2 of 5 Page 365 of 427 Agenda Item #17. • AND SUPPLIES: The Village agrees PROVISION OF OFFICE SPACE g to provide the necessary administrative materials for the Consultant, including computer access, office space, filing cabinets and business cards. 6. INSURANCE: The Consultant shall carry general and professional liability insurance in amounts satisfactory to the Village. 7. TERM; RENEWAL: This Agreement shall be for a term of one year, and shall renew automatically each year for additional one-year terms,unless either party gives notice to terminate pursuant to paragraph 8 below. 8. TERMINATION: Either party may terminate this Agreement upon thirty (30) days written notice. 9. NOTICE: Notice as required in this Agreement shall be sufficient when sent by certified mail to the following addresses, or by hand delivered to the attention of the parties: Village Consultant • Village of Tequesta NZ Consultants, Inc. 345 Tequesta Drive 1851 West Indiantown Road, #100 Tequesta, FL 33469-0273 Jupiter, FL 33458 Attn: Village Manager Attn: Nilsa Zacarias, AICP, Principal 10. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Consultant certifies that it, its affiliates, suppliers, and subcontractors who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Depai anent of Management Services within thirty-six(36)months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a),Florida Statutes. 11. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits,reviews, or investigations. • All parties doing business with the Village shall fully cooperate with the inspector general in the Page 3 of 5 Page 366 of 427 Agenda Item #17. • exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect,deter,prevent,and eradicate fraud,waste,mismanagement,misconduct, and abuses. 12. PUBLIC RECORDS: In accordance with Section 119.0701,Florida Statutes,the Consultant must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described herein. Upon request from the Village's custodian of public records, the Consultant must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. Should the Consultant fail to provide the public records to the Village, or fail to make them available for inspection or copying within a reasonable time, the Consultant may be subject to attorney's fees and costs pursuant to Section 119.0701,Florida Statutes,and other penalties under Section 119.10, Florida Statutes. Further, the Consultant shall ensure that any exempt or confidential records • associated with this Agreement or associated with the performance of the work described herein are not disclosed except as authorized by law for the duration of the Agreement term,and following completion of the Agreement if the Consultant does not transfer the records to the Village. Finally, upon completion of the Agreement, the Consultant shall transfer, at no cost to the Village, all public records in possession of the Consultant, or keep and maintain public records required by the Village. If the Consultant transfers all public records to the Village upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village,upon request from the Village's custodian of public records,in a format that is compatible with the Village's information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING • TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK, Page 4 of 5 Page 367 of 427 Agenda Item #17. • RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliamsAtequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 13. ENTIRE AGREEMENT: This five (5) page Agreement constitutes the entire understanding and agreement between the parties;no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. This Agreement supersedes and replaces all previous agreements between the Consultant and the Village. Both the Consultant and the Village hereby agree that all such previous agreements shall be deemed terminated upon the effective date of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. S WITNESSES: NZ CONSULTANTS, INC. By: Nilsa Zacarias, AICP, Principal (Corporate Seal) VILLAGE OF TEQUESTA ATTEST: By: Abigail Brennan, Mayor (Seal) Lori McWilliams, MMC • Village Clerk Page 5 of 5 Page 368 of 427