HomeMy WebLinkAboutAgreement_General_08/08/2013 (2) VILLAGE OF TEQUESTA
DIRECTOR OF PLANNING AND ZONING CONSULTANT AGREEMENT
This Agreement, entered into this day of August, 2013, effective September 2,
2013, 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:
a. The Village and the Consultant both hereby agree that the Consultant will
provide professional planning services and will serve in the capacity of Planning and
Zoning Director for the Village, and shall be responsible for the specific services stated in
the Scope of Consulting Services letter dated July 23, 2013, attached to this Agreement as
Exhibit A, including attendance at all regular Planning and Zoning Advisory Board, Local
Planning Agency, and Board of Adjustment meetings.
b. Consultant will perform all services for the Village in accordance with all
applicable federal, state and local laws, rules and regulations.
C. The Consultant is expected to work 15 hours per week, as set forth in
Exhibit A.
d. The following are specifically excluded from the Consultant's scope of
work under this Agreement: Service as Floodplain Administrator, Preparation of relaxed
CRS report; Annexation related services.
e. The Consultant may provide additional services (such as annexation
related services) upon mutual agreement with the Village Manager for the provision of
such services. The provision of any such additional services, including additional hours
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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 hcensure 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 Dollars ($80.00) per hour. This rate may be re- negotiated by the parties
in conjunction with any renewal of or addendum to 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 insurance
in amounts satisfactory to the Village.
7. Ter®/Renewah 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.
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8. Teresination: Either party may terminate this Amt 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 NZ Consultants, Inc.
345 Tequesta Drive 108 West Pigeon Plum Drive, #105
Tequesta, Florida 33469 Jupiter, Florida 33458
Attn: Village Manager Attn: Nilsa Zaearins, AICP
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)(x), Florida Statutes.
11. Audit: Pursuant to Article XQ 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 gel 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 Rerwrds: In accordance with Sec. 119.0701, Florida Statutes, the
Consultant must keep and maintain this Agent and any other records associated therewith
and that are associated with the performance of the work described in the Scope of Services.
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Upon request,the Consultant must provide the public with access to such records in accordance
with access and cost requirements of Chapter 119,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 in the Scope of Services are not disclosed except as
authorized by law. Finally, the Consultant shall retain the records described in this paragraph
throughout the performance of the work described in the Scope of Services,and at the conclusion
of said work, transfer to the Village, at no cost to the Village, all such records in the possession
of the Consultant and destroy any duplicates thereof. Records that are stored electronically must
be transferred to the Village in a format that is compatible with the Village's informadon
technology systems.
13. Entire Asreement: This four (4) page document constitutes the entire
understanding and agreement between the parties; no modification sha11 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.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
and year first above written.
WI'TNESSES: NZ CONSULTANTS,INC.
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By: Nilsa Zacarias, , cipal�
Date:� 3 ( 3
(CorQorate Seal)
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VILLAGE OF TEQUESTA
,, NGE11�pF By: Michael uzzo, Village
J . GORP0. -- Date:
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ATTEST: -�'�• �,c ...
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Lori McWilliams, MMC,
Village Clerk
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July 23, 2013
Mr. Michael Couzzo
Village Manager
345 Tequesta Drive
Village of Tequesta
Ref: NZ Consultants, Inc. Professional Consulting Services.
Dear Mr. Couzzo:
I understand the Village of Tequesta is restructuring the Community Development Department. This letter is
intended to set forth an understanding as to the scope and fees of the planning and zoning services that will be
provided by NZ Consultants Inc. (NZC).
Scope of Consulting Services NZC will be pleased to provide the following consulting services as the Director
of the Planning and Zoning Department:
• Oversees the Department including zoning reviews, development applications, and boards.
• Indentify, research and process amendments to Village's Comprehensive Plan and Zoning Code.
• Review development applications for compliance with Village's Code. Coordinate with owners,
builders, architects, engineers, landscape architects with regard to Code requirements.
• Review and processes applications for site plan reviews, special exceptions, variances, zoning code
text amendments.
• Review with Village Attorney all exhibits on site plan review, variances, and special exceptions.
• Conduct informational meetings to provide development process and Code information.
• Prepare staff reports and develop required maps as needed.
• Prepare legal ads for advertising development applications and board meetings.
• Attend and prepare presentations for the Village Council.
• Attend the following meetings: Board of Adjustment (BOA), Local Planning Agency (LPA) and
Planning, Zoning and Advisory Board (P&ZA).
• Coordinate the Development Review Committee (DRC).
• Coordinate requirements with intergovernmental agencies such as Palm Beach County, Treasure
Coast, Department of Economic Opportunity (DEO), etc.
• Other planning and zoning matters related to the position.
Services Not Included Floodplain Administrator responsibilities, and related CRS report. Also, Annexation
related tasks are not included. NZC will provide annexation consulting services upon Village Manager
authorization.
Fees and Costs for Services The proposed scope of services will be charged at an hourly rate of $80.00 up to
15 hours weekly Nilsa Zacarias, AICP, will be present at the Village as needed.
Fees for Other Services In the event you ask NZC to render planning services with respect to other matters, in
the absence of a written agreement specifically addressing that representation, the other matters will be handled
on an hourly basis consistent with this agreement.
Mr. Michael Couzzo
July 23, 2013 a-c on�sitwms
Page Representation of Other Clients NZC is bound by rules of planning ethics not to represent any client if the
representation of that client will be directly adverse to the interests of another client unless each such client
consents to such representation after consultation.
Recognizing the specialized skills necessary to provide consulting services to the Village of Tequesta,
NZ Consultants brings to the Village these key benefits:
• Proven record of highly professional service- NZ Consultants is providing services to the Village of
Tequesta since 2010, and successfully assisted the Village to process complex applications such as
Futures, Rehabilitation Facility.
• Twenty three years of professional experience in planning and architectural services.
• Network of associates to comprehensively serve the Village's needs.
• Certified planner by the American Institute of Certified Planners.
• Nominated- Best MIWBE Business of the Year by Palm Beach County Office of Small Business
Assistance.
I f irndy believe it is a privilege and an honor to assist and contribute to the Vdlage of Tequesta. I look forward to
continue serving the Vdlage of Tequesta Is residents, and working with the finest Village's staff.
Very truly yours,
N&W c. zaoarku
Nilsa Zacarias, AICP
President