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HomeMy WebLinkAboutAgreement_General_12/14/2023_Michelle Lee Berger LLC CONSULTING SERVICES AGREEMENT This Consulting Services Agreement ("Agreement") is entered into as of November 21, 2023, by and between: ►�Is- Michelle Lee Berger, LLC—dba AWARE 4360 NE Joe's Point Road AWARE Stuart, FL 34996 hereinafter referred to as the "Consultant," and Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 hereinafter referred to as the "Village." Scope of Services The Consultant agrees to provide operational audit services to the Village's Building Department, as outlined in the proposal dated November 21, 2023, attached hereto as Exhibit A. The scope of work includes reviewing processes, assessing internal controls, and making recommendations for improvements, covering the period from October 1, 2021, through November 21, 2023. Methodology The Consultant will employ various methodologies, including interviews, observations, risk analysis, and data review, as specified in the proposal. The Consultant will review relevant policies, procedures, laws, rules, and regulations to ensure compliance and provide recommendations for additional internal controls. Timeline The services will be provided from November 22, 2023, to January 22, 2024, as outlined in the proposal. Compensation The Village agrees to pay the Consultant for services rendered according to the fee structure outlined in the proposal. The total cost of the services shall not exceed $15,000. 1 Payment Terms Invoices will be submitted monthly and are due within 30 days of receipt by the Village. Checks are to be made payable to "Aware." Term and Termination This Agreement shall commence on November 22, 2023, and shall continue until January 22, 2024, unless terminated earlier by mutual agreement or for cause. Confidentiality Both parties agree to maintain the confidentiality of all information obtained during the course of the engagement, with the exception of Florida public records laws as applicable. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Signatures IN WITNESS WHEREOF, the parties hereto have executed this Consulting Services Agreement as of the Effective Date. Consultant Village of Tequesta Michelle Lee Berger, LLC—dba AWARE Jeremy Allen, Village Manager 4360 NE Joe's Point Road Village of Tequesta Stuart, FL 34996 345 Tequesta Drive 772-224-5651 Tequesta, FL 33469 MichelleLeeBerger@gmail.com Digitally signed by Jeremy Allen Date:2023.12.05 1 1:39:25 Jeremy Allen [Signature] [Signature] 05'00' [Date] November 21,2023 [Date] EXHIBIT A Michelle Lee Berger, M.P.A. AWARE—Government Consulting Services A,AAw 4360 ne Joe's Point Road ,,� Stuart, FL 34996 AWARE MichelleLeeBerger@gmail.com 772-224-5651 November 20, 2023 Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Attn:Jeremy Allen,Village Manager Re: Proposal for Operational Audit Dear Mr.Allen, I am pleased to submit this proposal for an operational audit within the Village of Tequesta.As discussed, the purpose of this audit is to assess operational controls, as well as policy compliance. Inclusive within this audit will be a review of permitting,fee collections,and the consistency of these processes within the established policies of the Village and the Florida State Building Codes. Scope of Work The scope of our work will include, but is not limited to: 1. Review of Permitting Process Assessing the efficiency and accuracy of the permitting process. -Ensuring compliance with Florida State Building Codes and Village policies. 2. Examination of Fee Collection Procedures Evaluating the appropriateness and consistency of fee collections. -Verifying adherence to established Village policies. 3.Consistency in Code Application Investigating potential inconsistencies in the application of building codes. Providing recommendations for maintaining uniformity in code enforcement. 4.Staff Interviews Conducting interviews with key personnel to understand current practices and challenges. Identifying opportunities for improvement and addressing concerns related to recent staff turnover. Methodology Our audit will employ a thorough methodology, including document reviews, interviews, and on-site observations. We will work closely with the Building Department staff to gain a comprehensive understanding of current practices and identify areas for enhancement. 3 Timeline Based on the current information provided,we estimate that the audit will require approximately 60 hours of work. This may change once we have fuller knowledge of the situation. If changes need to occur, an amendment will be provided for both parties to agree. We are available to start immediately, if needed, offering a proposed timeline for the audit of November 21, 2023,to January 22,2024. Fee Structure The principal's hourly rate for this engagement is set at $220 per hour. Additionally, an administrative assistant may be involved in supporting and preparing the audit process at an hourly rate of$60 per hour. The total estimated cost for the audit is not to exceed$15,000. Next Steps Upon your approval of this proposal,we will commence the planning phase and coordinate with your team to schedule the audit activities. Thank you for considering our proposal. We look forward to the opportunity to assist the Village of Tequesta in ensuring the integrity and effectiveness of its operations. Please feel free to contact me if you have any questions or if you would like to discuss any specific aspects of this proposal further. Sincerely, 4VU-11- Michelle Lee Berger, M.P.A. Principal AWARE Acceptance The Village of Tequesta acknowledges receipt and review of this proposal for the operational audit of the Building Department. By signing below,the Village Manager,Jeremy Allen, hereby accepts the terms and conditions outlined in this proposal.This acceptance signifies agreement with the proposed scope of work, methodology, timeline, and fee structure. We are enthusiastic about the opportunity to collaborate on this important initiative and look forward to commencing the audit activities promptly. [Signature] [Date] �� l a o� 3 f remy Allen illage Manager illage of Tequesta 4 PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR 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. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time 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, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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 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. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement/bid documents and specifications] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."