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HomeMy WebLinkAboutR2025-40 Fourth Amendment to Chen Moore AgreementRESOLUTION 2025-40 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CHEN MOORE & ASSOCIATES, INC. TO INCREASE THE TOTAL AMOUNT OF COMPENSATION FOR FISCAL YEAR 2025 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE FOURTH AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2023-65, the Village Council authorized the Village Manager to execute an Agreement for Professional (Planning) Services with six firms, including Chen Moore & Associates, Inc., in an amount not to exceed $50,000.00 during any single fiscal year; and WHEREAS, through the adoption of Resolution No. 2024-01, the Village Council approved an Amendment to the Agreement with Chen Moore to increase the total amount of compensation for Fiscal Year 2024 to $80,000; and WHEREAS, through the adoption of Resolution No. 2024-60, the Village Council approved a Second Amendment to the Agreement with Chen Moore to again increase the total amount of compensation for Fiscal Year 2024 to $125,000; and WHEREAS, through the adoption of Resolution No. 2025-14, the Village Council approved a Third Amendment to the Agreement with Chen Moore to increase the total amount of compensation for Fiscal Year 2025 to $150,000; and WHEREAS, due to additional work performed by Chen Moore for interim planning services and readoption of the Village's EAR -based Comprehensive Plan Amendment, Village Staff is seeking an increase in the compensation paid during Fiscal Year 2025 to $275,000, necessitating a Fourth Amendment to the Agreement; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Fourth Amendment to the Professional Services Agreement with Chen Moore & Associates, Inc. to increase the total amount of compensation during Fiscal Year 2025 to $275,000.00, a copy of which is attached hereto and incorporated herein, and authorizes the Village Manager to execute the Fourth Amendment on behalf of the Village. Page 1 of 2 Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 28Tx DAY OF AUGUST, 2025. (V ATTEST: VILLAGE CLERK Page 2 of 2 Docusign Envelope ID: DB892D9C-C114-4CE1-93A2-0CO3AB8OBEAD FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (Planning Services) THIS FOURTH AMENDMENT is entered on this 28th day of August, 2025, by and between the Village of North Palm Beach, a Florida municipal corporation ("Village") and Chen Moore & Associates, Inc., a Florida corporation ("Consultant"). RECITALS WHEREAS, on August 24, 2023, the Village entered into a Professional Services Agreement with Chen Moore & Associates, Inc. ("Chen Moore") for general Planning Services ("Agreement") and capped the total amount of compensation at $50,000 per fiscal year; and WHEREAS, on January 11, 2024, the Village executed an Amendment to the Agreement to increase the total amount of compensation payable for Fiscal Year 2024 to $80,000; and WHEREAS, on July 18, 2024, the Village executed a Second Amendment to the Agreement to increase the amount of compensation payable for Fiscal Year 2024 to $125,000; and WHEREAS, on April 24, 2025, the Village executed a Third Amendment to the Agreement to increase the amount of compensation payable for Fiscal Year 2025 to $150,000; and WHEREAS, due to additional work performed by Chen Moore for interim planning services because of organizational and departmental restructuring and the need to readopt revised EAR based amendments to the Village's Comprehensive Plan, the parties wish to increase the total amount of compensation for Fiscal Year 2025 to cover the cost of this additional work. NOW, THEREFORE, in consideration of the promises and mutual covenants contained in the Agreement, as amended, the sufficiency of which is hereby acknowledged by the parties, the Village and the Consultant agree as follows: 1. The foregoing recitals are ratified and incorporated herein. 2. Section 5(a) of the Agreement is hereby amended to increase the total amount of compensation payable by the Village to Consultant for Fiscal Year 2025 to Two Hundred Seventy -Five Thousand Dollars and No Cents ($275,000.00). 3. All other provisions of the Agreement, to the extent not expressly modified herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Fourth Amendment to the Professional Services Agreement (Planning Services) as of the day and year set forth above. VILLAGE OF RIALPIALM BEACH: By:l Charles D.TRITV,VMFManager CONSULTANT: CHEN MOO ASSOCIATES, INC. By: pt t r �l bbVt, Print Name: Peter Moore Title: President