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HomeMy WebLinkAboutExhibitAMENDMENT This Amendment to the Professional Services Agreement entered into as of the day of , 2009, by and between the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "City"), and Westnet, Inc., a California corporation (hereinafter referred to as "Provider") amends the Professional Services Agreement entered into on 21St day of January, 2005, by and between the City and Provider. RECITALS: WHEREAS, pursuant to Resolution No. 00-605, adopted July 20, 2000, the City of Miami ("CITY") entered into a Service Agreement with Westnet, Inc., the sole source provided, dated October 11, 2001, for the acquisition and installation of a first -in fire station alerting system to be installed at Fire Station No. 3 for initial testing; and WHEREAS, as a result, the first -in fire station system has proven to minimize emergency response time and enhanced the firefighter's safe response within the fire station by means of a low level lighting system, which reduces eyestrain and night blindness while permitting safe passage to the response vehicle; and WHEREAS, Westnet, Inc., is linked directly to the CAD System, which automatically notifies the fire station, purging any potential communication delays, thus streamlining the method of deploying firefighters and apparatus and thereby shortening response time; and WHEREAS, the City of Miami after the successful implementation of the alarm system located at Fire Station No. 3, acquired and installed the First -In Fire Station Alerting System, throughout the remaining City fire stations, in an amount not to exceed $1,065,536.65, from Westnet, Inc., and further authorized the City Manager to execute a Professional Services Agreement pursuant to Resolution No. 04-0631, adopted on September 23, 2004; and WHEREAS, the subject Agreement included the option for Total System Support for an additional amount of $248,905 as outlined in Exhibit A-6 to the Professional Services Agreement, but not exercised by the City back upon contract execution on January 21, 2005; and WHEREAS, the City eventually utilized the Maintenance Plan and Toll -Free Technical Support ("Total System Support") for years 2008 and 2009 without compensation to Westnet, Inc.; and WHEREAS, said Maintenance Plan and Tall -Free Technical Support ("Total System Support") also includes years 2010 and 2011; and WHEREAS, Resolution No. _ - , adopted on December 17, 2009, authorized the City Manager to enter into and execute said Amendment. NOW, THEREFORE, in consideration of the covenants and agreements herein contains and for other good and valuable consideration, the receipt and sufficiency whereof being hereby acknowledged and intending to be legally bound, the parties hereto agree as follows: 1. The foregoing recitals are true and correct and are hereby incorporated and made a part of this Amendment of Agreement. 2. COMPENSATION: The City hereby agrees to compensate the Provider, as outlined in Exhibit A-6 for Total System Support. 3. TERMS AND CONDITIONS: The terms and conditions contained in the Original Professional Services Agreement shall continue to govern the rights and obligations of the parties and shall remain in full force and effect as stated therein and as such are hereby ratified and reaffirmed. NOW, THEREFORE, IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized , this day and year first written above. ATTEST: By: Print Name Title: "Provider" Wesnet, Inc., a California Corp LZA Print Name: Title: "City" CITY OF MIAMI, a municipal corporation By: By: Priscilla A. Thompson, City Clerk Pedro G. Hernandez, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: LEEANN R. BREHM Risk Management Director APPROVED AS TO FORM AND CORRECTNESS JULIE O. BRU City Attorney Composite Exhibit A- Professional Services Agreement between City of Miami and Westnet, Inc. Exhibit A-6 Five -Year Support Option Total System Support Year Maintenance Toll -Free Technical Support Year 2 $ 54,101.00 Included in contract price. Year 3 $ 56,806.00 $4,988.00 Year 4 $ 59,646.00 $ 5,237.00 Year 5 $ 62,628.00 $ 5,499.00 Totals $ 233,181.00 $ 15,724.00