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Home My WebLink AboutDocumentation_Regular_Tab 05_09/11/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 9/11/14 Consent Agenda: Yes Resolution #: Originating Department: Manager ' �' • � • • - C - � • -�• Approval of Agreement between NZ Consuttants, Inc. a Florida Corporation and the Village of Tequesta to provide Director of Community Development Consultant Services for a term of one year, and shall renew automatically each year for an additional one year term. , , . Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: �r�ocse an Appropriate Fund Balance: Choose an item. � � �� . � • � •' � . . . ,...� , , Department Head Finance Director or Representative � � Reviewed for Financial Sufficiency (� ;' J�/ No Financial Impact ❑ -- ��r Attorney: (for legal sufficiency) Village Manager: Submit for Council Discussion: � � Approve Item: ❑ Deny Item: � • • - . . _. - - . -. .- - . .- .- . ..- . . -.. ... - . � . - Form Amended: 3/14/14 VILLAGE OF TEQUESTA DIRECTOR OF COnI1VIUNITY DEVELOPMENT CONSULTANT AGREEMENT This Agreement, entered into this da.y of September, 2014, effective September 1, 2014, by and between NZ Consultants, Inc., a Florida corporation, with offices located at 1851 West Indiantown Road, Suite 100, 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, hereina.fter 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. 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 Pla.nning and Zoning Tech. The Consulta.nt'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 Advisory Board, Local Planning Agency, and Board of Adjustanent meeti.ngs. b. Consultant will perform a11 services for the Village in accordance with a11 applicable federal, state and locallaws, rules and regulations. c. The Consultant's Principal is expected to work 16 hours per week in the Village's Community Development Departrnent. d. The Consultant's Planning and Zoni.ng Tech is expected to work 40 hours per week in the Village's Community Development Department — 8:30 am to 5:00 pm. e. 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, includi.ng additional hours of work and additional compensa.tion shall be pursuant to an addendum to this Agreement, executed by both the Consultant and the Page 1 of 5 Village Manager. 2. Indeoendent Contractor: The Consultant will perform a11 required services on an indepeadent contractor basis and sha11 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. Comnensation: The fee for services provided pursuant to this Agreement shall be at the rate of Eighty Dollars ($80.00) per hour for the Consultant's Principal, for an amount not to exceed $66,560.00 for fiscal year 2014/2015 (coacluding September 30, 2015); and Thirty Three Dollazs ($33.00) per hour for the Consultant's Planning & Zoni.ng Tech, for an amount not to exceed $68,640.00 for fiscal year 2014/2015 (concluding September 30, 2015). The total a.mount of compensation to be paid to Consultant pursuant to this Agreement shall be an amount not to exceed $135,200.00 for fiscal year 2014/2015 (concluding September 30, 2015). This rate may be re-negotiated by t�e parkies in conjunction with any renewal of tlus Agreement. 4. Pavment: The Consultant sha11 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 Snace and Suanlies: The Village agrees to provide the necessary administrative materials for the Contractor, including computer access, oi�ice spa.ce, filing cabinets and business cards. 6. Insurance: The Contractor shall carry general and professional liability in�r�nse in amounts satisfactory to the Village. 7. Term/Renewal: This Agreement sha11 be for a term of one year, and shall renew Page 2 of 5 automatically each yeaz for additional one year terms, unless either party gives notice to terminate pursuant to paragraph 8 below. 8. Termination: Either party ma.y 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 atteation of the pa�ties: VII.LAGE CONSULTANT Village of Tequesta NZ Consultants, Inc. 345 Tequesta Drive 108 West Pigeon Plum Drive, #105 Teqn�ta, Florida 33469 Japiter, Florida 33458 Attn: Village Manager Arin: Nilsa Zacarias, AICP, Princi al 10. Public Entities Crimes: As provided in Section 287.132-133, Florida Sta�.utes, by entering into this contract or performing any work in furtherance hereof, the Consultant certifies that it, its a.ffiliates, suppliers, and su�ontractors who will perform hereunder, hade not been placed on the convicted vendor list maintained by the Sta.te of Florida. Department of Mana.gement Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida. Statutes. 11. Audit: Pi�suant to Article XII of the Pa1m 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 governiag bodies based on such audits, reviews or investigations. All parties doing business with the Village shall fu11y coopera,te 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 weli as contractors and lobbyists of the Village in order to detect, deter, prevent and eradicate fra.ud, waste, mismanagement, misconduct and abuses. Page 3 of 5 12. Public Records: In accordance with Sec. 119.0701, Florida Stcatutes, the Consultant must keep and maintain this Agreement and any otUer records assaciated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request, the Consultant must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, Florida Stcatutes. Further, the Consultant shall ensure that any exempt or confidential records associated with tlus 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 �ssession 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 infarmation technology systems. 13. Entire Asreement: This four (4) page document constitutes the entire understanding and agreement between the parties; no modifica.tion 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. 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. IN WITNESS WHEREOF, the parties hereto have executed. tlus Agreement the date a.nd year first above written. WITNESSES: NZ CONSIJLTANTS, INC. By: Nilsa Za.carias, AICP, Principal Date: (Corporate 5ea1) Page 4 of 5 VILLAGE OF TEQUESTA By: Michael Couzzo, Village Manager Date• (Town Sea1) ATT`EST: Lori McWIlliams, MMC, Village Clerk Page 5 of 5