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Amendment No. 3 to the Agreement with Skidata, Inc.AMENDMENT NO. 3 This Amendment No. 3 (the "Amendment ") to the Agreement dated October 15, 2015 between the City of Miami Beach and Skidata, Inc. for the Design, Construction, Installation and Maintenance of a Parking Garage Gated Revenue Control System (ITN 2014- 170 -SW) (the "Agreement ") is made and entered into this ( day of "Oeir 2017, by and between the CITY OF MIAMI BEACH, a municipal corporation orga ized and existing under the laws of the State of Florida (hereinafter referred to as the "City ") and SKIDATA, INC. a Delaware corporation, authorized to do business in the state of Florida (hereinafter referred to as the "Contractor "). RECITALS WHEREAS, on September 30, 2015, the Mayor and City Commission adopted Resolution No. 2015- 29149, authorizing the Mayor and City Clerk to execute an Agreement between the City and Skidata, Inc., pursuant to Invitation to Negotiate (ITN) 2014- 170 -SW, for a Gated Revenue Control System for the City's parking garages, for an initial term of ten (10) years, with two (2) five (5) year options, at the City's sole discretion; and WHEREAS, the City and Contractor entered into an Agreement, dated October 15, 2015 (the "Agreement "), for the design, construction, installation, and maintenance of a parking garage gated revenue control system, pursuant to ITN 2014- 170 -SW; and WHEREAS, the City will be completing the construction of the new Convention Center garage in 2018 (the "Additional Garage "); and WHEREAS, the Convention Center Garage will be managed and operated by the City, and therefore requires the same gated revenue control equipment in order to centralize and standardize all garage operations; and WHEREAS, pursuant to Section 2.5 of the Agreement, additional garages may be added, as an amendment to the Agreement, subject to the approval of the Mayor and City Commission; and WHEREAS, the cost of the purchase and installation of the equipment at the Additional Garage is $770,537, with maintenance costs for the equipment at the Additional Garage in the amount of $815, 895, over the ten (10) year maintenance period for the equipment. NOW, THEREFORE, for and in consideration of the conditions and covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are incorporated by reference as if fully set forth herein. 2. Subject to and contingent upon an appropriation of funds by the City Commission, the Additional Garage is hereby added to the scope of the Agreement, in accordance with the terms and pricing delineated in Exhibit "A -3" attached hereto, entitled "Miami Beach Convention Center Garage Equipment Cost" for the purchase and installation of the gated equipment at the Additional Garage. 3. Subject to and contingent upon an appropriation of funds by the City Commission, the ten (10) year maintenance schedule set forth in Exhibit "C" of the Agreement is hereby deleted in its entirety, and replaced with the revised ten (10) year maintenance schedule for all equipment, including the Additional Garage, as set forth in Exhibit B -3, the terms of which are incorporated by reference herein. 4. All other terms and conditions of the Agreement shall remain in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. IN WITNESS WHEREOF, the City and Contractor have caused this Amendment to be executed by their respective and duly authorized officers the day and year first hereinabove written. CITY: CITY 0 MI MI-B CH, FLORIDA Dan Gelber, Mayor Attest: Rafael E. Gra ado, Jerk Date CONTRACTOR: SKIDATA, INC. l lexander Chri Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F APINGI$MANIRARAgreementlSkidata Amend 3,docx ity Attorney f Date