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R2023-03 Assignment of Planning Services AgreementRESOLUTION NO. 2023-03 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN ASSIGNMENT OF PLANNING SERVICES AGREEMENT FROM NZ CONSULTANTS, INC. TO CHEN MOORE AND ASSOCIATES, INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE ASSIGNMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On February 18, 2021, the Village Manager approved an Agreement with NZ Consultants, Inc. in the amount of $25,000 for Current and Long -Range Planning Services in accordance with the terms, conditions and pricing established in an existing, competitively bid Professional Services Agreement with the City of Lake Worth Beach; and WHEREAS, through the adoption of Resolution No. 2021-50 on June 24, 2021, the Village Council approved an Amendment to the Agreement to increase the total compensation to $50,000; and WHEREAS, through the adoption of Resolution No. 2022-47 on June 30, 2022, the Village Council approved a Second Amendment to increase the total compensation to $75,000 and extend the term through the end of Fiscal Year 2022; and WHEREAS, through the adoption of Resolution No. 2022-78 on September 22, 2022, the Village Council approved a Third Amendment to increase the total compensation to $130,000 and extend the term through the end of Fiscal Year 2023; and WHEREAS, NZ Consultants, Inc. has been acquired by Chen Moore and Associates, Inc., and the parties wish to assign the Planning Services Agreement to the new corporation; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents and property owners 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 and incorporated herein. Section 2. The Village Council hereby approves an Assignment of Planning Services Agreement from NZ Consultants, Inc. to Chen Moore and Associates, Inc., a copy of which is attached hereto and incorporated herein; and authorizes the Mayor and Village Clerk to execute the Assignment 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 All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict.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. Page 1 of 2 C, PASSED AND ADOPTED THIS 12TH DAY OF JANUARY, 2023. ATTEST: VILLAGE CLE Page 2 of 2 "MXYOR Page 1 of 2 ASSIGNMENT OF PLANNING SERVICES AGREEMENT This Assignment of Planning Services Agreement is made as this 12th day of January, 2023, by and between the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation Village”) and CHEN MOORE AND ASSOCIATES, INC., a Florida corporation, 500 South Australian Avenue, Suite 850, West Palm Beach, Florida 33401, whose FEIN is 59-2739866. WHEREAS, on February 18, 2021, the Village entered into an Agreement for Current and Long- Range Planning Services with NZ Consultants, Inc. (“Agreement”) in accordance with the terms, conditions and pricing established in an existing, competitively bid Professional Services Agreement between NZ Consultants, Inc. and the City of Lake Worth Beach; and WHEREAS, the parties subsequently executed a number of amendments to the Agreement, the most recent being a Third Amendment executed on September 22, 2022 to increase the total amount of compensation to $130,000 and extend the term of the Agreement through September 30, 2023; and WHEREAS, NZ Consultants, Inc. has been acquired by Contractor, and the parties wish to assign the Agreement to the new corporation under the same terms and conditions. NOW, THEREFORE, in consideration of the mutual promises contained in the Agreement, as amended, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals: The foregoing recitals are hereby ratified as true and correct and are incorporated herein. 2. Assignment and Acceptance: The parties hereby agree to the assignment of the Agreement for Current and Long-Range Planning Services from NZ Consultants, Inc. to Chen Moore and Associates, Inc. Contractor accepts the assignment and agrees to assume and be bound by all obligations, terms and conditions set forth in the Agreement, as subsequently amended. 3. Effective Date: This Assignment shall be effective retroactive to December 1, 2022. 4. Existing Agreement: Except as specifically modified by this Assignment, all terms of the Agreement, as amended, shall remain in full force and effect. Remainder of page intentionally blank] DocuSign Envelope ID: 1C82BB33-3E25-4511-A963-1964973AC5B1DocuSign Envelope ID: C1020F08-6C51-40BA-A921-C682A825AC2E IN WITNESS WHEREOF, the parties hereto have made and executed this Assignment as of the date and year first above written. CHEN MOORE AND ASSOCIATES, INC. By: Cristobal Betancourt Vice President VILLAGE OF NORTH PALM BEACH By: Deborah Searcy, Mayor ATTEST: Jessica Green, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Village Attorney DocuSign Envelope ID: 1C82BB33-3E25-4511-A963-1964973AC5B1DocuSign Envelope ID: C1020F08-6C51-40BA-A921-C682A825AC2E