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R2019-60 Second Amendment for General Planning ServicesRESOLUTION 2019-60 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A SECOND AMENDMENT TO AN AGREEMENT FOR GENERAL PLANNING SERVICES WITH KCI TECHNOLOGIES, INC. (FORMERLY KEITH & SCHNARS, PA) PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CONTRACT FOR SERVICES WITH THE CITY OF DELRAY BEACH AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE SECOND AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 11, 2018, the Village Manager executed an Agreement for General Planning Services with Keith & Schnars, PA in accordance with the terms, conditions and pricing establishing in an existing competitively bid contract between Keith & Schnars and the City of Delray Beach; and WHEREAS, through the adoption of Resolution No. 2019-20 on February 28, 2019, the Village Council approved an Amendment to the Agreement to recognize that Keith & Schnars was a division of KCI Technologies, Inc. and to increase the maximum compensation from $10,000 to $70,000; and WHEREAS, in order to provide for completion of pending projects, Village Staff is recommending the execution of a Second Amendment to the Agreement to increase the maximum compensation to $80,000; and WHEREAS, the Village Council. determines that the approval of the Second Amendment is in the best interests of the residents and citizens 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 Second Amendment to the Agreement for General Planning Services with KCI Technologies, Inc. (formerly Keith & Schnars, PA), a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Second Amendment. The total compensation paid pursuant to the Second Amendment shall not exceed $80,000, with funds expended from Account No. A5206-33190 (Planning — Professional Services). 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 All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict.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 11TH DAY OF JULY, 2019. 'i (Village Seal) MAYOR ATTEST: VILLAGE CLERK SECOND AMENDMENT TO AGREEMENT FOR GENERAL PLANNING SERVICES This AMENDMENT is made as of the day of(%Cl (� , 2019, by and between the VILLAGE OF NORTH PALM BEACH, 501 U. S.' Highway One, North Palm Beach, Florida, 334081 a Florida municipal corporation ("VILLAGE"), and KCI TECHNOLOGIES, INC., 6500 North Andrews Avenue, Forth Lauderdale, Florida 33309, a Florida ("CONTRACTOR"), whose Federal I.D. No. is 59-1406307. RECITALS WHEREAS, on November 11, 2018, the VILLAGE and CONTRACTOR (formerly known as Keith & Schnars, PA) entered into an Agreement for General Planning Services ("Agreement") whereby CONTRACTOR agreed to provide such services in accordance with (or by "piggybacking") the terms, conditions and pricing of a competitively bid Contract between CONTRACTOR and the City of Delray Beach; and WHEREAS, on March 6, 2019, the VILLAGE and CONTRACTOR executed an Amendment to the Agreement recognizing that Keith & Schnars, PA was now a division of KCI Technologies, Inc. and increasing the amount of compensation to $70,000; and WHEREAS, in order to provide for the completion of pending projects, the parties wish to again amend the Agreement to increase the maximum compensation to $80,000. NOW THEREFORE, in consideration of the mutual representations and obligations set forth herein and the Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. Section 5 of the Agreement is hereby amended to increase the total amount of compensation paid by the VILLAGE to CONTRACTOR from not to exceed $707000 to not to exceed $80,000. 3. All other provisions of the Agreement, to the extent not expressly modified herein, shall remain in full force and effect. All references to CONTRACTOR in the Agreement, as amended, shall refer to KCI Technologies, Inc. [Remainder of page blank — signatures on next page] Page 1 of 2 IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Second Amendment as of the day and year first above written. VILLAG OF NORTH PALM BEACH (VILLAGE SEAL) By: Darryl Aub , Mayor ATTEST: By: Melissa Teal, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Leonard G. Rubin, Village Attorney KCI TECHNOLOGIES, INC. Page 2 of 2 Title:r/ LA