HomeMy WebLinkAboutAgreement_General_05/10/2012 VILLAGE OF TEQUESTA
DIRECTOR OF COMMUNITY DEVELOPMENT CONSULTANT AGREEMENT
This Agreement, entered into this I Q day of May, 2012, effective June 1, 2012, by and
between NZ Consultants, Inc., a Florida corporation, with offices located at 108 West Pigeon
Plum Drive, #105, 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. Scone of Services: The Village and the Consultant both hereby agree that the
Consultant will provide professional planning services and will serve in the capacity of
Community Development Director for the Village (including, but not limited to the additional
duties of Floodplain Administrator) in accordance with the Village Code of Ordinances
(including, but not limited to Sections 2 -101 and 2 -102), this Agreement, and all applicable
federal, state and local laws, rules and regulations. The Consultant is expected to work 24 hours
per week, in addition to attendance at all regular, special and workshop meetings of the Village
Council, Planning and Zoning Advisory Board and Local Planning Agency, unless directed
otherwise by the Village Manager. In addition, the Consultant shall be expected to perform such
other legally permissible and proper special projects as the Village Manager may from time to
time assign, provided such work is not inconsistent with or in conflict with the provisions of this
Agreement. In the event that such special project work as assigned by the Village Manager
requires additional work time beyond that expected by this Agreement, then the Consultant and
the Village Manager shall agree in advance upon additional work hours and additional
compensation for said special project work.
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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 Eighty Five Dollars ($85.00) per hour. This raze 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.
5. 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 liability insuran
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.
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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 108 West Pigeon Plum Drive, #105
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 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.
12. Entire Agreement: This four (4) 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
WITNESSES: NZ C ONSULTANTS, INC. ,
By: Nilsa Zacarias, AICP, Principal
J l Date: Z-
(Corporate Seal)
VILLAGE OF TEQUESTA
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,,,,•�`� .F T ; By: Michael Couzzo, Village Manager
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Lori McWIlliams, Village Clerk
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