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entered into the Fourth Amendment to the Agreement with Keith and Schnars, P.A. for Amendment
<br />No. 7 that included the On -Collins Avenue and Off -Collins Avenue work which will be completed
<br />concurrently over a thirteen -month duration, in an amount not to exceed $298,700.00, bringing the
<br />total contract amount not to exceed to $1,104,520.00; and
<br />WHEREAS, on October 20, 2016 via Resolution No. 2016-2619, the City Commission
<br />entered into the Fifth Amendment to the Agreement with Keith and Schnars for Amendment No. 09
<br />to provide additional design services for undergounding and conversion of the utilities at a part of
<br />Collins Avenue (17275 Collins Avenue to 17555 Collins Avenue), in an amount not to exceed
<br />$12,750.00, bringing the total contract amount not to exceed to $1,117,270.00; and
<br />WHEREAS, on or about December 2017, Keith and Schnars submitted an invoice for
<br />additional services, in an amount not to exceed $173,990.00, and requested a Sixth Amendment to
<br />the Agreement; however, said Sixth Amendment was not executed and the additional services were
<br />never performed; and
<br />WHEREAS, on April 30th, 2019, the City Manager executed a Seventh Amendment to the
<br />Agreement with Keith and Schnars, assigning the Agreement and all Amendments to KCI
<br />Technologies, Inc., as a result of their acquisition of Keith and Schnars, P.A.; and
<br />WHEREAS, on May 20th, 2020, the City Manager exercised his authority and executed an
<br />Eight Amendment to the Agreement with KCI Technologies, Inc. for roadway lighting foundation
<br />design services, in an amount not to exceed $6,100.00; and
<br />WHEREAS, on July 16th, 2020 via Resolution No. 2020-3080, the City Commission
<br />formally rescinded the Sixth Amendment, and ratified the Seventh and Eighth Amendments to the
<br />Agreement with KCI Technologies, Inc. for the FPL Overhead to Underground Conversion Project,
<br />in an amount not to exceed Six Thousand One Hundred Dollars ($6,100.00), bringing the total
<br />contract amount not to exceed $1,123,370.00; and
<br />WHEREAS, the Eighth Amendment incorrectly provides for a revised compensation amount
<br />that includes the now rescinded Sixth Amendment, for services never rendered; and
<br />WHEREAS, the City Commission wishes to ratify a Ninth Amendment to the Agreement
<br />with KCI Technologies, Inc. to accurately reflect the reduction in compensation as a result of the
<br />rescinded Sixth Amendment, and to clarify that the total contract amount shall not exceed One
<br />Million One Hundred Twenty -Three Thousand Three Hundred Seventy Dollars ($1,123,370.00),
<br />attached hereto as Exhibit "A".
<br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
<br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
<br />Section 1. Ratification of Ninth Amendment. The City Commission hereby ratifies a Ninth
<br />Amendment to the Agreement with KCI Technologies, Inc. to accurately reflect the reduction in
<br />compensation as a result of the rescinded Sixth Amendment, and to clarify that the total contract
<br />amount shall not exceed One Million One Hundred Twenty -Three Thousand Three Hundred Seventy
<br />Dollars ($1,123,370.00), attached hereto as Exhibit "A".
<br />Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
<br />things necessary to effectuate this Resolution.
<br />82020 KCI Technologies 9th Amd to Undrgrd Agmt Page 2 of 3
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