HomeMy WebLinkAboutDocumentation_Regular_Tab 04_5/9/2024 Agenda Item #4.
Regular Council
STAFF MEMO
Meeting: Regular Council - May 09 2024
Staff Contact: Jay Hubsch Department: Community Development
Consider Approval of Increase to Chen Moore's Contract For Community Development Planning
Services from $24,000 to $36,000
rmrm . -
prior to the start of FY 23-24, the Village transitioned from using Chen Moore and Associates, Inc
to in-house employees to staff the Community Development Department. At the time Chen Moore
was in the process of finishing up several projects, most notably the drafting of the Village's
Commercial Zoning Overlay's. A contract for temporary planning services in the amount not to exceed
$24,000 was approved by Village Council on November 9, 2023. This enabled Chen Moore to assist
with the transition of in-house staff and to wrap up several projects.
Due to the complexity of the Commercial Zoning Overlay's and difficulty filling the open Planner
position, Chen Moore has been utilized more than expected to date. In addition, staff expects ongoing
assistance with the completion of the Commercial Zoning Overlay's over the remainder of FY 23-24.
$24,000 was initially budgeted in FY 23-24 for contract planning services. The Village is able to fund
the additional $12,000 request from budgetary savings that are the result of not funding the Planner
position filled from January 2024 to early May 2024. j
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.
BUDGET • - •
BUDGET AMOUNT 36,000 AMOUNT AVAILABLE EXPENDITURE AMOUNT:
$36,000 $36,000
FUNDING SOURCES: Community IS THIS A PIGGYBACK:
Development Salaries ❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONn/a
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Agenda Item #4.
Planning Consultant Services - Chen Moore PROPOSAL
Chen Moore and Associates Temporary Planning Services Agreement
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Agenda Item #4.
1851 W. Indiantown Road Suite 100 '
Jupiter,FL 33458 ER U11
Office:+1(561)401-9459 chen moore and associates
February 23, 2024
SENT VIA E-MAIL(jhubsch@teguesta.org)
Jay Hubsch, AICP
Community Development Director
Village of Tequesta
345 Tequesta Drive
Tequesta, Florida 33469
Subject: FY 23/24 Proposal for the Village of Tequesta Community Development Department
CMA Proposal No. 024.xxx/24-0492.P0001 task 001
Dear Mr. Hubsch,
Chen Moore and Associates (CMA) is pleased to submit this Scope of Services and Fee to provide
professional planning services to the Village of Tequesta's Department of Community Development.
PROJECT INTRODUCTION
Currently, CMA has an ongoing planning contract to provide services to the Department of Community
Development. At the request of the Village, CMA has prepared the following proposal.
PROJECT STAFFING
Chen Moore and Associates— Land Planners
SCOPE OF SERVICES
The scope of services our firm shall provide under this agreement as per our recent discussions and
correspondence includes Planning and Zoning Professional Services such onsite planning services, permit
and/or land development reviews, due diligence, BS&A research, zoning code interpretation,
comprehensive plan assistance, attend meetings, compose staff reports, and code research and writing.
FEE SUMMARY
Consulting services will be provided in an hourly rate as follows:
• Senior Planner ($120)
• Associate Planner(75)
Should you have any questions, please do not hesitate to contact me at my office at my cell phone at(561)
758-2252 or send me an electronic message at nzacarias@chenmoore.com
Respectfully submitted,
Nv4-,,- z&�,, .
CHEN MOORE AND ASSOCIATES
Nilsa Zacarias,AICP
Director of Planning
chenmoore.com
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Agenda Item #4.
1851 W. Indiantown Road Suite 100 '
Jupiter,FL 33458 LR R11
Office:+1(561)401-9459 chen moore and associates
Attachment(s): Exhibit A—Work Authorization
EXHIBIT A
AGREEMENT FOR PROFESSIONAL SERVICES- WORK AUTHORIZATION
Client Name: Village of Tequesta
Client Contact: Mr.Jay Hubsch
Client Address: 345 Tequesta Drive,Tequesta, FL 33469
Client Phone/Fax: (561)768-0456
Client E-mail:jhubsch@tequesta.org
CMA Proposal No. 024.xxx/24-0492.P0001 task 001
Agreement Date: May, 2024
FEE: Hourly for Professional Services not to exceed a fee of$36,000
RETAINER: N/A
The undersigned agree to the attached General Conditions/Provisions which are incorporated and
made a part of the current Continuing Services Contract. Any additional requested services will be
addressed in a separate agreement.
CHEN MOORE AND ASSOCIATES, INC. (CONSULTANT)
Authorized Signature
Print Name/Title
Date
Village of Tequesta (CLIENT)
Authorized Signature
Print Name/Title
Date
chenmoore.com
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Agenda Item #4.
VILLAGE OF TEQUESTA
COMMUNITY DEVELOPMENT PLANNING SERVICES
TEMPORARY CONSULTANT AGREEMENT
ENT
THIS TEMPORARY CONSULTANT AGREEMENT FOR COMMUNI-7v
DEVELOPMENT PLANNING SERVICES is entered Into and elfe-chve this 0 day of
S ie ber, 2023 (the "Effective Date'), by and between the VILLAGE OF TEQUESTA. ca
Florida rrunicipa,corporation with ofrices lo}cat d at 34 1Teguesta Drive,Tegtaesta, Plarida 33469,
organized and existing in accordance wth the laws&the State taf Plorida,hereinafter the"ViHarge";
and Chen Moo:e and Assoriatas. Inc,, a Florida corporation with offices located M 1851 West
€nd�antown Road, Sulu 100, .leer, Flor4a 334 8, h+ereirafter the 'Consultant' and collecbively
with the Village,the"Parties".
ITNESSETH
The`01 lag a and he Cons ull ant,in consideration of the mutual covenants contained herein
and for other goon and valuable cons'derabor, the receipt and sufficiency of which Is heretay
acknowledged by both Parties, hereby agree as-follows:
1. SCOPE OF SgMt!q�
a. The Village and the Consultant bath hereby agree that the Con3sw and will
provide professiorfal community development planning servJc es on a
temporary basis through It Principal, as well as its Principal Planner, Senior
Planner, Project Planner, and Associate Planner. Serve s shall be provided
on an as needed basis as: etenrnir;ad by the Village Manager.
b. The Village shall assign tasks to the Consultant,and t Consulkant and Village
Manager shall mutually ag a on scope of work, revel of personnel to be
ass!gr , and 'not to exceed" arnounts of compensation for each task.
c. The Consubnt will perform all servit s for the Village in accordance with all
applicable federal, state and local laws, rules and regulations.
1 INDEPENDENT CONTRAC70R: The Consultant will perform all required
services on an independent o*rfractor basis and shall be solely responsible for its employees'
payroll taxes to inoWde, but not be limited to Fed" Income Wthholdiriq Tax, workers'
oa m pensation, FICA, and Fedora€and State Unernpiny ent tars. The Consuftant Is responsible
for proper certification and li ens:Are of all officers and emWloyees and for the prevision of benefits,
insurance, etc. for its officers and employees.
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Agenda Item #4.
3. COMPENSATION: The fee for services provided pursuant to this Temporary
Agreement shall be at the rate of $350.00 per hour for the Consultant's Principal, $230.00 per
hour for the Consultant's Principal Planner, $120.00 per hour for the Consultant's Senior Planner,
$90.00 per hour for the Consultant's Project Planner, and $75.00 per hour for the Consultant's
Associate Planner. The total not to exceed amount for the entire Temporary Agreement is
$24,000.00. Any expenditures in excess of a total of$24,000.00 shall require advance approval
by the Village Council.
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 its employees,
and the amount due and payable to the Consultant.The Village shall pay the Consultant pursuant
to the invoice normally within thirty (30) clays of receipt.
5. PROVISION OF OFFICE SPACE: The Village agrees to provide the Consultant
with the necessary computer access, office space, and filing cabinets.
6. INSURANCE: The Consultant shall carry general and professional liability
insurance in amounts satisfactory to the Village.
7. TERM: This Temporary Agreement shall be for a term of no longer than one
year, and shall terminate at such time that the Village's newly hired in-house planner has
assumed his/her responsibilities as determined by the Village Manager.
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
f
Village of Tequesta Chen Moore and Associates, Inc.
345 Tequesta Drive 1851 West Indiantown Road, #100
Tequesta, FL 33469-0273 Jupiter, FL 33458
Attn: Village Manager Attn. Nilsa Zararias, AICP, Principal
10. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida
Statutes, by entering into this Temporary Agreement or performing any work in furtherance hereof,
the Consultant certifies that it, its affiliates, suppliers, and subcontractors who will perform
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Agenda Item #4.
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
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 Consultants 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 Temporary 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 cast 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 casts 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 Temporary Agreement or associated with the
performance of the work described herein are not disclosed except as authorized by law for the
duration of the Temporary Agreement term, and following completion of the Temporary
Agreement if the Consultant does not transfer the records to the Village. Finally, upon completion
of the Temporary 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
Temporary 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 Temporary Agreement, the Consultant shall
meet all applicable requirements for retaining public records. Records that are stored
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Agenda Item #4.
eler,trOniCally muwt be prov ded to the Village, upon request from the Village's custodian of public
records, in a format that is compatib¢e witt+She Village`s information technology systerns,
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S LTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS TEMPORARY AGREEMENT, PLEASE CONTACT THE VILLAGE
CLERK, RECORDS CUSTODIAN FOIE THE VILLAGE., AT (a 1) 7 8 8 ,
OR AT Imcwilliams tegguesta.orgq, OR AT 346 TEQUESTA DRIVE,
TEQUESTA, FLORIDA 33469.
13, "� Y_ ELIGIBILITY: Consultaga warrams and represents that ill is in
compliance a with Section 448.01M, Florida Statutes, as may to amended, Consultant shall: (1)
register with and use the F-Verify System (E-Verity.gov) to electronicatlly verify the employment
eligNitq of all newly hired workersi and (2) verify that all of the Consultant's sub-consultants
perforrniig the ninnies and obligations of this Temporary Agreement are registered with and use
the E-Verify System to electtronie,,ally verb the ernploymerA eligib ity of sit' newly hirad workers.
ons;.rltant shall obtain from each of its sub-cansWa its an affidavit stating that the sut onsultant
does not employ, wntrt with, or subcor?ixact with an Unaulho ized Alien, as that term is divined
in Se on 8. 5( l)(l£', Florida Statutes, as may be amended. Consuttant shall maintain a copy
of any such affidavit from a sob-consultant for, a;a minimum, the durat on of the subcontract anti
any extension thereof. This pvov sior shall not supersede any provision of this Temporary
Agreement vinhich requires a longer retention period. The Village shali terminate this Temporary
Agreement in accordance vkh Section 8. above if it has a rood faith belief that Consultant has
knowingly violated Section 44B.09(1), Floilde Statutes. as may be amended, if Consultant has a
good faith baiief that Cons;aliant'S sul'>-consuiunt t+as knowingly violated Sermon 448.09('l),
F10ride Statutes, as may be amended, the Village sha4 nutify Cormu tant to terminate its oontr'act
with the "onsu artt and Consuitaot shale 6mrnediately terms+€state its err ant with the sU -
consultant. In the event of such eont ct termination, Consultant shall be liable for any additional
costs incurred by tho Village as a result of to termination.
14. SCRUTINIZED, QMEAjSMS-,1 For Contrasts under SIM, Consuilant certtfes that it is
not or, the Scrutinized Companies that Boycott lsr'ael List created pursuant to Section 215,4725,
F/wi 9a Statutes, and thm it is not engaged ire a boycott of Israel. The village may terry hate this
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Agenda Item #4.
T=Porary Agreement at the Village's option ire accorda a with Sidon B. above it the
Consuttant is fend to have submitted a>afse certification as prcWided under Sedicn 287,i36(5),
FIC+ddfi Status, if 00n$U#tant IM beOn placed on the Scrutfnized Companies that Boycoll Lsrae4
LISt Mated purl to Sec m 215.4728, Fly Statutes, or if Camulta.rit is er agsd in a
ycott of Israel, For Confra is oivar s-t M, Consultant cerwies that it is riot Scx i 4zed
Cmpanies With A vities in Sudan Ust, the Scrutinized Companies with Acth6fiea in t re Iran
Petroleum Energy meter U% or Uie Scrutinized Cornparues that Bayrcott Israel 4ist cWted
puissant to Sootion 215.4725. FW!da S'tafutes,Consuttar;t fusihor flies that it is not engaged
In e boycon of Isr i.aw#wt it doe not have lousiness operafions in Cuba or Syria,as WrrFilarly
prov!Ood in Section 287,136, Floes Steal . This Village may terminate fs Temporary
Agreenwt at the V11lag#s option in acaordane&with Section S, above if the Consultant is found
to have submitted a fatse certification as pr`oAded under Sect n 2S7.1.35( ), Florida Statutes, or
if Consent has been p�ac on one of thA afore"ntioned lid oxeated pursuant to Section
215,4725, Fladda Stags. Add io lty,t V'01age may terrninaW this Ternperary agreement at
thy:Vi%ge's o acn in a=rdance with Swop 13.above if tha Consultant is angaged in a boycott
of Israel or has been engaged in business operatiom in Cuba w Syria, as defined in Section
287.135, Florida Statutes
15, ENTIRE A REgMEwNT. This six (6) page Temporary Agmement. conaftutes the
artire understanding and agreermni between ft plies; no rnWilfcation shall be made to this
Temporary Agreement unless such rr cation m in writing,, agreed to by bath pe.�tles and
atta d here as an addendum to this Temporary Agre6rnant, This Temporaryr Agreemerti
supersedes and repla s all pr'eVocs agreements betweefl t Consuftent and the Village. Both
the Oonsuft and the Vll€age hereby agree that all such previous agreements st l be deemed
terminated upon the effective da a of this Temporary Agreement.
IN tTNESS WHEREOF,the parties hereto have earecuted this Temporary Agreement
on the date arA year first ab(we wri en,
WfTNESSrE : Cf4' -MOOR Ali ASSOCIATES, INC.
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By.. Cristo 11"art {Vice Pmsident
..............,.... .. _...__. $Cr3rpowq Seal)
Page 5 of 6 ,
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Agenda Item #4.
VILLAGE OF TEQUr=sTA
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€ TIw T: By Jsy Alien, Village Managor
F A/r" „ ,,l us'.tutSPen[:��r�}rrrl,lLv,,
� ,51•klkk �� I 11��
Lori McMhams, MMC
ViUage Clete
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