HomeMy WebLinkAboutResolution_37-21_8/12/2021RESOLUTION NO.37-21
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.
1
Ex. A
VILLAGE OF TEQUESTA
DIRECTOR OF COMMUNITY DEVELOPMENT CONSULTANT AGREEMENT
This Agreement, entered into this day of August, 2021, effective October 1, 2021, by and
between NZ Consultants, Inc., a Florida corporation, with offices located at 1851 West Indiantown Road,
Suite 100, Jupiter, Florida 33458, hereinafter referred to as the " Consultant", and the Village of
Tequesta, a municipal corporation, with offices located at 345 Tequesta Drive, Tequesta, Florida 33469,
hereinafter referred to as the " Village".
WITNESSETH
The Village and the Consultant, in consideration of the mutual covenants contained
herein and for other good and valuable consideration, the receipt and value 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 withall
applicable federal, state and local laws, rules and regulations.
c. The Consultant's Principal is expected to work 16 hours per week inthe
Village's Community Development Department.
d. The Consultant' s Planning and Zoning Tech is expected to work 24 hours
per week in the Village's Community Development Department— 8: 30 am to 5: 00 pm. In
addition the Consultant's Planning and Zoning Tech is expected to work an additional 16 hours a
week for the Village in the Community Development Department or offsite.
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 Agreementshall
be at the rate of Ninety-five Dollars ($95) per hour for the Consultant' s Principal, for an
amount not to exceed $79,040 for fiscal year 2021-2022 ( concluding September 30.
2022); and Forty Dollars ($40) per hour for the Consultant' s Planning & Zoning Tech, for
an amount not to exceed ($62,400.00) for fiscal year 2021-2022 ( concluding September
30.
2022). The total amount of compensation to be paid to Consultant pursuant to this Agreement
shall be an amount not to exceed $ 141,440.00 for fiscal year 2021-2022
( concluding September 30, 2022). 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.
S. Provision of Office Space and Supplies: The Village agrees to provide the
necessary administrative materials for the Contractor, including computer access, office space,
filing cabinets and business cards.
6. Insurance: The Contractor shall carry general and professional liabilityinsurance
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
345 Tequesta Drive
NZ Consultants, Inc.
1851 West Indiantown Road,# 100
Tequesta, Florida 33469 Jupiter, Florida 33458
Attn: Village Manager Attn: Nilsa Zacarias, AICP, Principal
10. Public Entities Crimes: As provided in Section 287. 132- 133, Florida Statutes,
by entering into this contract 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 the 36 months immediately preceding the date hereof. This notice
is required by Section 287. 133( 3)( a), Florida Statutes.
11. Audit: Pursuant to Article XII of the Palm Beach County Charter, the Officeof
the Inspector General has jurisdiction to investigate municipal matters, review andaudit
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 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 Sec. 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 Sec. 119. 0701, Florida Statutes, and other penalties under Sec. 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 AGREEMENT, PLEASE
CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE,
AT (561) 768- 0443, OR AT Imcwilliamsatequesta. org, OR AT 345 TEQUESTA
DRIVE, TEQUESTA, FLORIDA 33469.
13. Entire Agreement: This five ( 5) page document constitutes the entire
understanding and agreement between the parties; no modification shall be made to this
document unless such modification is in writing, agreed to by both parties and attached hereto as
an addendum to this document. 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 the date
and year first above written.
ATTEST:
DATE:
Lori McWilliams, MMC
Village Clerk
[VILLAGE SEAL]
NZ CONSULTANTS
Nilsa Zacarias
VILLAGE OF TEQUESTA
DATE:
Frank D'Ambra III
Mayor
RESOLUTION
Date
37-21 08/12/2021
Motion Vice -Mayor Kyle Stone Second Council Member Laurie Brandon
FOR
AGAINST
ABSENT
CONFLICT
Mayor Frank D'Ambra, III
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Vice -Mayor Kyle Stone
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Council Member Laurie Brandon
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Council Member Molly Young
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Council Member Bruce Prince
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The Mayor thereupon declared the Resolution duly passed and adopted.
MAYOR OF TEQUESTA:
Frank D'Ambra, III
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ATTEST:
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Lori McWilliams, MMC
Village Clerk