Services and Fees Amendment No. 1 to the Agreement with BIG Wireless LLC •
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Services and Fees Amendment No. 1
THIS AMENDMENT is referenced in and incorporated in the Agreement for Services between BIG
Wireless LLC ("BIG") and City of Miami Beach ("City") dated March 24, 2011.
All capitalized terms not defined herein shall have the meanings set forth in the Agreement.
RECITALS
WHEREAS, on February 25. 2009, the Mayor and City Commission adopted Resolution No.
2009-27019, approving and authorizing the City Manager to negotiate and execute an Agreement,
pursuant to the Request for Proposal No. 37-07/08 (the "RFP") for a microwave radio system (the
"Agreement"), with the top-ranked firm BIG Wireless, LLC. (the "Contractor'), in an not-to-exceed amount
of$800.000; and
WHEREAS, the Administration believes that the originally established not-to-exceed limit of
$800,000 included in Resolution 2009-27019 was a scrivener's error, as the $800,000 only referred to the
portion of the overall funding for the project provided by a U.S. Department of Homeland Security
Emergency Operations Center grant in the amount of $800,000, and did not include other funding
available for the project; and
WHEREAS, on March 25, 2011, the Mayor and City Clerk executed an Agreement between the
City and Contractor, as well as three (3) addendums for additional services. in the total amount of
$1,150,495.75: and
WHEREAS, the Agreement established a lump sum amount of $627,360.66 for the installation of
the microwave radio system; and $90,562 for a ten (10) year remote monitoring maintenance schedule,
and 5400,783 for a ten (10) year preventative maintenance schedule; and $31,790.09 for the purchase of
spare parts; and
WHEREAS, in addition to the overall contract amount of $1,150,495. 75, in 2011 the IT
department purchased ancillary goods and services which included: (i) a three (3) month extension of the
maintenance plan to run concurrent with the City's fiscal year: (ii)four (4) FCC license fees for the Tower
41 Ceragon and Nera backhaul links; and (iii) additional parts and services required for the implantation
of the system, in the total amount$156,952.25: and
WHEREAS, therefore, the sum of the original Agreement (including the three (3) addendums
incorporated in the Agreement and the ancillary goods and services)is $1,307,448, and
NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, the Client and BIG
hereby agree to amend the Agreement as follows:
ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
156 N.George Street,York,PA 17401
Abia Information
AIC-thar Wireless 877.508.9983 1717.854.9983
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MODIFICATIONS.
The Amendment memorializes the above-referenced prior amounts relating to the Agreement(Including
the three(3)Addendums)and the ancillary goods and services for a not-to-exceed total of$1,307,448.00
and has no other cause or effect.
RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and
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.
Contract Acceptance
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, being duly authorized, have
executed this Amendment to the Agreement,as of the day and year first above written.
BIG Wireless LLC , City Of Mia •
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Title: C.-r-O Tide: Mayor
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