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<br /> <br />CITY OF SUNNY ISLES BEACH <br />FmST AMENDMENT TO MILLER LEGG & ASSOCIATES, INC. <br />CONSULTANT SERVICES AGREEMENT OATED FEBRUARY 19,2004 <br />CONTRACT NO.: C0607-062 <br /> <br />THIS AMENDMENT is made and entered into this Iq~ay of Avril 2007, by and <br />between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the <br />State of Florida, (hereinafter referred to as "City") and MILLER LEGG & ASSOCIATES, <br />INC., a Florida corporation located at 1800 North Douglas Road, Suite 200, Pembroke Pines, <br />Florida 33024, (hereinafter referred to as "Consultant"). <br /> <br />WHEREAS, pursuant to Resolution No. 2001-374, adopted on September 20,2001, the <br />City Commission approved an agreement with Consultant to perform Landscape Architectural <br />Services for the Active Park; and <br /> <br />WHEREAS, subsequently on February 19, 2004, the City Commission adopted <br />Resolution No. 2004-635 and approved an agreement with Consultant for the redesign of the <br />181 st Drive Active Park, in the amount of Two Hundred Eighty-Eight Thousand Two Hundred <br />Twenty Dollars ($288,220.00), a copy of these two agreements are attached hereto and made a <br />part hereof as Composite Attachment "[3"; and <br /> <br />WHEREAS, the Consultant has submitted a request for additional services: Additional <br />Service Agreemcnt No. 7 - Construction Observation Extcnsion, to perform review of non- <br />extraordinary substitution services as a potcntial cost saving measure, a copy of which is <br />attached hereto and made a part hereof as Attachment "A", for a total fee not to cxceed Seventy- <br />Five Thousand Dollars ($75,000.00). <br /> <br />NOW THEREFORE, in consideration of the premises and thc mutual covcnants herein <br />stated, the parties hcreto agree as set forth below: <br /> <br />1. AMENDMENT TO SCOPE OF SERVICES. Section 2 of the Miller Legg & <br />Associates, Inc. Consultant Services Agreement titled "181" Drive Active Park 'Project' <br />Consultant Serviccs Agreement Contract No. 04-98852-01" adopted on February 19, <br />2004 is amended as follows: <br /> <br />2. SERVICES TO BE PERFORMED. Consultant shall perform the following <br />services: <br /> <br />d. A Construction Observation phase including the review of non-extraordinary <br />substitution requests by Consultant as a potcntial cost-savings measure due to <br />increases in the cost of materials from storm activity in 2006 and in accordance with <br />the schedulc of charges reflected in Attachment "A" of the I st Amendment to this <br />Agreement. <br /> <br />2. REMAINING TERMS. All other terms and prOVISions of the Miller Legg & <br />Associates, Inc. Consultant Services Agreement dated February 19, 2004 shall remain in full <br />force and effect. Any modification of this Agreement shall be effective only if in writing and <br /> <br />C0607~062 First Amendment to Consulting ^gr~cmcnt <br /> <br />S i I:~ <br />, 5 <br />