HomeMy WebLinkAboutAgreement_General_11/14/2019_NZ Consultants, Inc VILLAGE OF TEQUESTA
DIRECTOR OF COMMUNITY DEVELOPMENT CONSULTANT AGREEMENT
THIS AGREEMENT FOR COMMUNITY DEVELOPMENT CONSULTING
SERVICES is entered into and effective this 14 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
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is expected to work additional hours needed for the Village in the Community
Development Department 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.
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5. PROVISION OF OFFICE SPACE AND SUPPLIES: The Village agrees
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
Department 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
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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,
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RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
lmcwilliamsna tequesta.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.
WITNESSES: NZ CONSULTANTS, INC.
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By:Nilsa Zacarias,AICP, Principal
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VILLAGE OF TEQUESTA
ATTEST: :y: Abi s.it Bren an,Mayor
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Lori McWilliams, MMC i (?Al__
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Village Clerk = `:INCORPORATED
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