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<br />amount not to exceed to One Million One Hundred Four Thousand hive Hundred Twenty Dollars
<br />($1,104,520.00); and
<br />WHEREAS, on October 20, 2016 via Resolution No. 201.6- 2619, the City Commission
<br />entered into the Fifth Amendment to the Agreement with Keith and Schnars for Amendment No.
<br />09 to provide additional design services for undergounding and conversion of the utilities at a port
<br />of Collins Avenue (17275 Collins Avenue to 17555 Collins Avenue), in an amount not to exceed
<br />Twelve Thousand Seven Hundred Fifty Dollars ($12,750.00), bringing the total contract amount
<br />not to exceed to One Million One Hundred Seventeen Thousand Two Hundred Seventy Dollars
<br />($1;117,270.00); and
<br />WHEREAS, on or about. December 2017, Keith and Schnars submitted a proposal for
<br />additional services, in an amount not to exceed One Hundred Seventy -Three Thousand Nine
<br />Hundred Ninety Dollars ($173,990.00), and requested a Sixth Amendment to the Agreement;
<br />however, said Sixth Amendment was not executed and the additional services were never
<br />performed; and
<br />WHEREAS, on April 30th, 2019, the City Manager executed a Seventh Amendment to
<br />the 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
<br />an Eighth Amendment to the Agreement with KCI Teclmologies, Inc. for roadway lighting
<br />foundation design. services, in an amount not to exceed Six Thousand One Hundred Dollars
<br />($6,100.00); and
<br />WHEREAS, on July 19, 2020, via Resolution R2020-3080, the City Commission formally
<br />rescinded the Sixth Amendment, and ratified the Seventh and Eighth Amendments to the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
<br />Pro=ject, in an amount not to exceed Six Thousand One Hundred Dollars ($6,100.00), bringing the
<br />total contract amount not to exceed One Million One Hundred Twenty -Three Thousand Three
<br />Hundred Seventy Dollars ($1,123,370.00); and
<br />WHEREAS, the Eighth Arendi-nent incorrectly provides for a revised compensation
<br />amount that includes the now rescinded Sixth Amendment, for services that were never performed;
<br />and
<br />WHEREAS, the parties wish to further amend the Agreement to accurately reflect the
<br />reduction of the compensation based upon the rescission of the proposed Sixth Amendment for
<br />services that were proposed but never performed.
<br />NOW THEREFORE, in consideration of the promises and the mutual covenants herein
<br />name, the parties agree as follows:
<br />1. COMPENSATION. Effective upon executions of this Ninth Amendment, the Parties wish
<br />to amend Section 4 of the original Agreement ("Compensation") to an anmount not to exceed One
<br />Million One Hundred Twenty -Three Thousand Three Hundred Seventy Dollars ($1,123,370.00).
<br />There shall be no compensation for the services that were proposed in December 2017 and
<br />purported to be incorporated in the now rescinded Sixth Amendment.
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