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HomeMy WebLinkAboutDocumentation_Regular_Tab 19_4/13/2023Agenda Item #19. Regular Council ad -'D STAFF MEMO Meeting: Regular Council - Apr 13 2023 Staff Contact: Keith Davis, Village Attorney Department: Legal Second Addendum to Director of Community Development Consultant Agreement This Second Addendum memorializes the relationship between the Village and its planning consultant firm Chen Moore & Associates, Inc. (which recently acquired NZ Consultants, Inc.). The Scope of Services section and the Compensation section are amended to accurately define the current roles and responsibilities of various planning staff members, to specify the minimum hours of work for each, and to break down hourly rates for each, and specify total maximum compensation under the agreement. All other provisions of the underlying agreement (recently assigned to Chen Moore and Associates, Inc.) remain in full force and effect. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. nL PROJECT NAME: Community BUDGET: No change for ENCUMBERED: - Development Consultant current FY Proposed: Projected Remaining: PROJECTED TOTAL: No change for current FY Second Addendum to Community Development Director Agreement KWD Page 279 of 556 Agenda Item #19. SECOND ADDENDUM TO DIRECTOR OF COMMUNITY DEVELOPMENT CONSULTANT AGREEMENT THIS SECOND ADDENDUM TO DIRECTOR OF COMMUNITY DEVELOPMENT CONSULTANT AGREEMENT ("Second Addendum"), is made and entered into this day of March 2023, effective immediately, by and between Chen Moore and Associates, Inc., a Florida corporation with offices located at 1851 West Indiantown Road, Suite 100, Jupiter, Florida 33458, hereinafter the "Consultant", and the Village of Tequesta, Florida, a municipal corporation organized and existing in accordance with the laws of the State of Florida with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as the "Village". WHEREAS, The Village entered into a Director of Community Development Consultant Agreement with NZ Consultants, Inc. on August 12, 2021 for the purpose of having NZ Consultants, Inc. provide professional planning services to the Village with said agreement detailing the scope of services to be provided to the Village and the compensation to be provided to NZ Consultants, Inc.; and WHEREAS, the Village thereafter entered into a First Addendum to Director of Community Development Consultant Agreement with NZ Consultants, Inc. on May 12, 2022 for the purpose of revising the scope of services and compensation contained in the Director of Community Development Consultant Agreement; and WHEREAS, on January 12, 2023, the Director of Community Development Consultant Agreement as amended by the First Addendum to Director of Community Development Consultant Agreement was assumed by the Consultant; and WHEREAS, both the Village and the Consultant now desire to enter into this Second Addendum to Director of Community Development Consultant Agreement in order to memorialize certain further amendments to the Director of Community Development Consultant Agreement as specified herein below. NOW THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the value, receipt, and sufficiency of which is hereby acknowledged by both the Consultant and the Village, the parties hereby agree as follows: Section 1: Section I of the Director of Community Development Consultant Agreement entitled 'Scope of Services' is hereby amended to update the hours of work for Consultant and staff, providing that Section I of the Director of Community Development Page I of 3 Page 280 of 556 Agenda Item #19. Consultant Agreement shall hereafter read 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. The 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 Planner is expected to work eight (8) hours per week for the Village's Community Development Department. d. The Consultant's Senior Planner is expected to work twenty (20) hours per week for the Village's Community Development Department. e. The Consultant's Associate Planner is expected to work twelve (12) hours per week for the Village's Community Development Department. f. 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. Section 2: Section 3 of the Director of Community Development Consultant Agreement entitled 'Compensation' is hereby amended to update the compensation structure, providing that Section 3 of the Director of Community Development Consultant Agreement shall hereafter read as follows: 3. Compensation: The fee for services provided pursuant to this Agreement shall be at the rate of Ninety - Five Dollars ($95.00) per hour for the Consultant's Principal Planner and Senior Planner for fiscal year 2022-2023 (concluding September 30, 2023); and Forty Dollars ($40.00) per hour for the Consultant's Associate Planner for fiscal year 2022-2023 (concluding September 30, 2023). The total amount of compensation to be paid to the Consultant pursuant to this Agreement shall Page 2 of 3 Page 281 of 556 Agenda Item #19. be an amount not to exceed $141,440.00 for fiscal year 2022-2023 (concluding September 30, 2023). This rate may be re -negotiated by the parties in conjunction with any renewal of this Agreement. Section 3: All other Sections, terms and conditions of the Director of Community Development Consultant Agreement, including the First Addendum to Director of Community Development Consultant Agreement shall remain in full force and effect as previously entered into. Section 4: This Second Addendum to Director of Community Development Consultant Agreement shall be attached to the current Director of Community Development Consultant Agreement and shall become a part thereof. IN WITNESS WHEREOF, the Contractor has signed and executed this Second Addendum to Director of Community Development Consultant Agreement; and the Village has caused this Second Addendum to Director of Community Development Consultant Agreement to be signed and executed on its behalf by its Village Manager, with an effective date as noted above. WITNESSES ATTEST: Lori McWilliams, MMC Village Clerk CHEN MOORE AND ASSOCIATES, INC. By: Cristobal Betancourt (Corporate Seal) VILLAGE OF TEQUESTA By: Jeremy Allen, Village Manager (Seal) Page 3 of 3 Page 282 of 556