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HomeMy WebLinkAboutR2026-44 Fifth Amendment to Chen Moore Agreement and First Amendment to JMorton AgreementRESOLUTION 2026-44 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CHEN MOORE & ASSOCIATES, INC. TO INCREASE THE TOTAL AMOUNT OF COMPENSATION FOR FISCAL YEARS 2026 AND 2027 AND APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH JMORTON PLANNING AND LANDSCAPE ARCHITECTURE, INC. TO INCREASE THE TOTAL AMOUNT OF COMPENSATION FOR FISCAL YEAR 2026; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AMENDMENTS; 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. and JMorton Planning & Landscape Architecture, 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, through the adoption of Resolution No. 2025-40, the Village Council approved a Fourth Amendment to the Agreement with Chen Moore to increase the total amount of compensation for Fiscal Year 2025 to $275,000; and WHEREAS, due to additional work performed and anticipated to be performed by Chen Moore for the Community Development Department to assist with planning and building activities, as well as anticipated services for the Parks and Recreation Department relating to Conceptual Design and Future Planning Services for Osborne Park, Village Staff is seeking an increase in compensation paid during Fiscal Years 2026 and 2027 to $170,000, necessitating a Fifth Amendment to the Agreement; and WHEREAS, due to additional work performed by JMorton for the Community Development Department by assisting in planning services and related activities, Village Staff is seeking an increase in compensation paid during Fiscal Year 2026 to $55,000, necessitating an Amendment to the Agreement; and Page 1 of 2 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 Fifth Amendment to the Professional Services Agreement with Chen Moore & Associates, Inc. to increase the total amount of compensation during Fiscal Years 2026 and 2027 to $170,000, a copy of which is attached hereto and incorporated herein, and an Amendment to the Professional Services Agreement with JMorton Planning & Landscape Architecture, Inc. to increase the total amount of compensation during Fiscal Year 2026 to $55,000, a copy of which is attached hereto and incorporated herein. The Village Council further authorizes the Village Manager to execute both Amendments on behalf of the Village. 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 24TH DAY OF SEPTEMBER, 2026. ,e gLQJIDA ATTEST: VILLAG ERK MAYOR Page 2 of 2 Page 1 of 2 FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Planning Services) THIS FIFTH AMENDMENT is entered on this 24th day of September, 2026, 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, on August 28, 2025, the Village executed a Fourth Amendment to the Agreement to increase the amount of compensation payable for Fiscal Year 2025 to $275,000; and WHEREAS, due to additional work performed by Chen Moore for interim planning services and related activities, as well as anticipated planning and conceptual design activities for the Parks and Recreation Department, the parties wish to increase the total amount of compensation for Fiscal Years 2026 and 2026 to cover the cost of this additional work. NOW, THEREFORE, in consideration of the promises and mutual covenants contained in the Agreement, as subsequently 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 2026 and Fiscal Year 2027 to One Hundred and Seventy Thousand Dollars and No Cents ($170,000.00). 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 Fifth Amendment to the Professional Services Agreement (Planning Services) as of the day and year set forth above. VILLAGE OF NORTH PALM BEACH: By: __________________________________ Charles D. Huff, Village Manager Docusign Envelope ID: 61EE68EE-B6A1-81C1-82DE-BD8617EDA719Docusign Envelope ID: 3B344A90-1E75-8148-83B3-B40815F595DB AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Planning Services) THIS AMENDMENT is entered on this 24th day of September, 2026, by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”) and JMorton Planning & Landscape Architecture, Inc., a Florida corporation (“Consultant”). RECITALS WHEREAS, on August 24, 2023, the Village entered into a Professional Services Agreement with JMorton Planning & Landscape Architecture, Inc. (“JMorton”) for general Planning Services (“Agreement”); and WHEREAS, the Agreement capped the total amount of compensation at $50,000 per fiscal year; and WHEREAS, due to work performed by JMorton relating to ongoing assistance with planning services and related activities, the parties wish to increase to the total amount of compensation to cover such costs. 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 2026 to Fifty-Five Thousand Dollars and No Cents ($55,000.00). 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 Amendment to the Professional Services Agreement (Planning Services) as of the day and year set forth above. VILLAGE OF NORTH PALM BEACH: By: __________________________________ Charles D. Huff, Village Manager CONSULTANT: JMORTON PLANNING AND LANDSCAPE ARCHITECTURE, INC. By: __________________________________ Print Name: Title: Docusign Envelope ID: 88AB7EC2-4B6C-8F68-8259-80FF52F79E1C Jennifer Morton President Page 2 of 2 CONSULTANT: CHEN MOORE & ASSOCIATES, INC. By: __________________________________ Print Name: Title: Docusign Envelope ID: 61EE68EE-B6A1-81C1-82DE-BD8617EDA719 Brent Whitfield Vice President Docusign Envelope ID: 3B344A90-1E75-8148-83B3-B40815F595DB