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RESOLUTION NO. 2012 - J a A, 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO AGREEMENT WITH BEISWENGER, HOCH AND ASSOCIATES, INC. (BH &A), TO PROVIDE POST DESIGN SERVICES FOR THE SUNNY ISLES BEACH/NEWPORT FISHING PIER, IN AN AMOUNT NOT TO EXCEED SEVEN THOUSAND THREE HUNDRED TEN DOLLARS ($7,310.00), ATTACHED HERETO AS EXHIBIT "A"; RESCINDING RESOLUTION NO. 2012 -1910 ADOPTED ON MAY 10, 2012; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 17, 2011 via Resolution No. 2011 -1693, the City Commission ratified an Agreement with Beiswenger, Hoch and Associates to provide post design services for the Sunny Isles Beach Pier a/k/a Newport Fishing Pier located at 16701 Collins Avenue, in a total amount not to exceed Forty -One Thousand Dollars ($41,000.00); and WHEREAS, on May 10, 2012 via Resolution No. 2012 -1911, the City Commission approved the First Amendment to Agreement with Beiswenger, Hoch and Associates, Inc., to provide post design services for the Sunny Isles Beach/Newport Fishing Pier, in an amount not to exceed Eleven Thousand Three Hundred Thirty -Seven Dollars and Fifty Cents ($11,337.50), and authorized a contribution of Ten Thousand Dollars ($10,000.00) as the City's commitment of 25% of the cost for revision to plans for restaurant area; and WHEREAS, on May 10, 2012 via Resolution No. 2012 -1910 the City Commission approved an Agreement with La Perla Condominium Association, Inc., for temporary use of private property located at 16699 Collins Avenue for the Newport Pier Reconstruction Project subject to certain conditions; and WHEREAS, the original design for the reconstructed Pier included two undesirable elements: the western edge of the pier design extended beyond the footprint of the original pier, and the design change corrects this issue and eliminates the need for the agreement with La Perla Condominium, and the redesign will move the wiring into the building on the Pier, eliminating the need for an electrical box on the beach next to the northern staircase of the Pier; and WHEREAS, Beiswenger, Hoch and Associates has expressed their ability and desire to provide these services subject to the terms and conditions contained within the Second Amendment to Agreement, and submitted a proposal to provide these services for the Sunny Isles Beach/Newport Pier Project; and WHEREAS, the City wishes to approve the Second Amendment to Agreement with Beiswenger, Hoch and Associates to provide these services for the Sunny Isles Beach/Newport Fishing Pier, in an amount not to exceed Seven Thousand Three Hundred Ten Dollars ($7,310.00), attached hereto as Exhibit "A ". 82012- BHA 1" Amendment to Agmt Pier Page I of 2