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HomeMy WebLinkAboutC2010-255 - 6/25/2010 - NAFIF AMENDMENT T4 FREQUENCY ItECQNFIGt]RATION AGREEMENT 1..~ This amendment to the frequency reconfiguration agreement (the "Amendment"}, dated this ~t~ay of _'~-,,~~^~~, 2010 (the "Effective Date"), amends and revises the Frequency Reconfguration Agreement (the "FRA"), dated January l2, 2009 between the City of Corpus Christi, a political subdivision of the State of Texas ("Incumbent"), and Nextel aP Texas, Lrc. ("Nextel") a wholly owned indirect subsidiary of Sprint Nextel Corporation, $ Kansas corporation (each pally referred to in this Amendment as a "Party" and collectively as the "Parties.' A. Section 25 of the FRA, f~l~gndmentsl. requires that any amendment to an executed FRA be by a written agreement authorized by the representatives of the Parties with such Amendment to be approved by the Transition Administrator. B. The Parties previously amended the FRA as follows: First Amendment April 23, 2009; Second Amendment September 1, 2009; Third Amendment C?ctober S, 2009; and the Fourth Amendment March 24, 2010. G Subsequent to the Parties' signing of the FRA, as amended, the Incumbent requested that the utility charges associated for its Vendor, Daily & Wells Communications, Inc., be delineated in e u Thezefore, Schedule C is amended to add utility charges of Fifteen Thousand, Five Hundred Forty Dollars and Twenty-Nine/Cents ($15,540.29}_ Additional battery equipment was required due to it being overlooked during Incumbent's inventory, It was agreed to add 1$ vehicular chargers, 24 battery conditioners/analyzers, and 144 battery sleeves. Schedule D is amended to reflect the addition of this equipment. Far good and valuable consideration, the receipt of which the Parties hereby acknowledge, Incumbent and Nextel hereby agreE to amend the Agreement as follows: 1. Schedule C: Schedule C to the FRA is deleted and replaced in its entirety with the amended Schedule C attached to this Amendment as Exhibit 1• 2. Schedule D: Schedule D to the FRA is deleted and replaced in its entirety with the amended Schedule D attached to this Amendment as 'bi 2. In the event of any inconsistencies between the terms and conditions of the Amendment and the FRA, the terms and conditions of this Amendment shall control. Except as set f©rth above, there are no other amendments or revisions to the FRA aF to the FRA obligations of the Parties. IN WITNESS WHEREOF, the Parties have signed this Amendment as of the date first written above. n • xte!• City of C us Christi (TX) Nextel of By: lr'i~ >sy: ~/ Nam . ~'n~~. ~ ~ . FSGn~A+' Nam~I AUTIiC Title: City Manager Title: Approved as to form: III ~ I f ~ i ~~ yJ Lisa Aguil Asst_ City Attorney for the City Attorney Incumbent: Corpus Christi 5th Amendment DL# 8910427746 May 2010 2010-255 06/25/10 Page 1 of 24', M 1ENKINS 7 SIGNATORY EXHIBITS 1, 2 AND 3 ARE CONFIDENTIAL CONTACT THE LEGAL DEPARTMENT BEFORE RELEASING A COPY OF THESE EI+LHIBITS. Nextel of Texas ~~~~~