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<br />Exhibit "B" <br /> <br />CITY OF SUNNY ISLES BEACH <br />CONTINUING CONSULTANT <br />SERVICES AGREEMENT <br /> <br />THIS AGREEMENT, entered into this 1:3 f1. dayof >~fcz,~ 2001, by and <br />between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City") and <br />O'LEARY DESIGN ASSOCIATES, P.A. (hereinafter referred to as the "Consultant"). <br /> <br /> <br />RECITALS <br /> <br />WHEREAS, the City is in need of professional landscaping architectural services from <br />time to time and desires to enter into a continuing contract with the Consultant; and <br /> <br />WHEREAS, the Consultant represents that it has expertise in providing the landscaping <br />architectural services; <br /> <br />NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, <br />representations and warranties and other good and valuable consideration, the receipt and <br />adequacy of which is hereby acknowledged, the parties agree as follows: <br /> <br />1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement <br />and made a part hereof for reference. <br /> <br />2. CONSULTING SERVICES. Consultant shall provide to the City, professional <br />consulting services, in accordance with the fee schedule described in Attachment "A" attached <br />hereto and made a part hereof. <br /> <br />3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth <br />in Paragraph 9 hereunder, the term of this Agreement shall begin upon the execution of this <br />agreement and shall end upon the completion of services described in Attachment "A", and may <br />be extended as necessary, in writing by the parties hereto. <br /> <br />4. COMPENSATION. <br /> <br />A. Payment to Consultant for all charges and tasks under this Agreement shall be in <br />accordance with this Agreement and a schedule of charges reflected in Exhibit "A". Consultant <br />shall submit invoices on a monthly basis within ten (10) days following the, end of each calendar <br />month. The Consultant shall make no other charges to the City for supplies, labor, taxes, <br />licenses, permits, overhead or any other expenses or costs unless any such expense or cost is <br />incurred by Consultant with the prior written approval of the City. If the City disputes any <br />charges on the invoices, it may make payment of the uncontested amounts and withhold payment <br />on the contested amounts until they are resolved by agreement with Consultant. <br /> <br />B. It is anticipated that these isolated tasks will not cumulatively result in <br />expenditures exceeding $10,000. However, in the event, the total charge by the Consultant <br /> <br />Page 1 of6 <br /> <br />Landscape Architect Continuing - 01eary <br />