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Amendment No.1 to professional Services Agreement wuth Track Star International, Inc DocuSign Envelope ID.FFOFCOEC-9447-4B92-8210-0C890AEDCOBB 2o2 �( s I c AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND TRACK STAR INTERNATIONAL, INC FOR THE PURCHASE OF AUTOMATIC VEHICLE LOCATION (AVL) SYSTEM HARDWARE, RELATED SOFTWARE AND SERVICE This Amendment No. 1 (Amendment) to the Professional Services Agreement, dated November 1, 2018, is entered into this 22nd, day of December, 2020 (Effective Date), by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and Track Star International, Inc., a New York corporation authorized to transact business in the State of Florida, whose address is 8801 JM Keynes Drive, Suite 260, Charlotte, North Carolina 28262 (Contractor), and hereby amends the Contract as follows: RECITALS WHEREAS, on October 17, 2018, the Mayor and City Commission approved the recommendation of the City Manager to waive , by 5/7ths vote, the formal competitive bidding requirement, and authorizing the City Manager to execute an agreement for the purchase of automatic vehicle location (AVL)system hardware to Track Star International, Inc., pursuant to Resolution 2018-30523; and WHEREAS, on November 1, 2018, the City of Miami Beach entered into a three- year agreement with the Contractor; and WHEREAS, on December 9, 2020 the Mayor and City Commission adopted Resolution No. 2020-31515 authorizing the City Manager to negotiate and execute Amendment No. 1 to the professional services agreement with the Contractor for AVL Systems Hardware, Software and Services, and WHEREAS, this amendment replaces the original established total fees to be paid by the City for the final two hears under the term in the by replacing the originally established amount not-to-exceed$140,000 annually with an amount not to exceed the annual amount appropriated through the City's annual budgeting process; 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 City Manager and Consultant hereby agree to amend the Contract as follows: ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 1. MODIFICATIONS. The Contract is hereby modified (deleted items st sk-through and inserted items are underlined) as follows: DocuSign Envelope ID:FFOFCOEC-9447-4B92-8210-0C890AEDCOBB (a) Section 4 of the Agreement is hereby modified to read as follows: 4.2 The total fees compensated to the Contractor under this Agreement shall not exceed$368,000 for year one(1), and$44890 atly the total fees shall not exceed the annual amount appropriated through the City's annual budgeting process for the subsequent two (2) years. 2. RATIFICATION. Except as amended herein, all other terms and conditions of the Contract shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Contract,the provisions of this Amendment shall govern. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: DocuSigned by: DocuSigned by: By: �,(�, (�v __J �1,_ 4� F.,JL J. Avit., 1/4`Ra 'ae E"daranado, City Clerk RauiSkguifar;Acting City Manager 12/23/2020 i 5:34 EST Date FOR CONSULTANT/CONTRACTOR: TRACK STAR INTERNATIONAL, INC ATTEST: mc.A..lyBy: B_ .61? Secretary President Michael B.Hughes Print Name Print Name Date APPROVED AS TO FORM& LANGUAGE & FOR EXECUTION 4. G Aeonxy _ D�