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<br />7 Charges <br /> <br />1. The hours authorized by you and specified below do not imply or commit a fixed- <br />price contract. This is a "not to exceed price" and as such, if we determine that it is <br />necessary to exceed the hours or the Estimated End Date, we will inform you as <br />soon as practical. In such event, you may authorize additional hours or extend the <br />Estimated End Date in writing. if you alternatively choose to terminate our Services, <br />you agree to pay us for actual hours expended and any travel and living expenses <br />(incurred by us) through the termination of the project. <br /> <br />2. IBM will provide the Services described in this Statement of Work for up to 320 hours <br />at a blended hourly rate of $205. City of Sunny Isles Beach will be invoiced monthly <br />for actual hours performed during the previous month. <br /> <br />3. Travel and living expenses are in addition to the above charge are currently <br />estimated at $12,000 for 100% on site work. Travel and living expenses will be <br />invoiced monthly. <br /> <br />4. Total estimated "not to exceed" funding for these Services is $76,640 including the <br />estimated travel for 100% on site work. <br /> <br />5. The pricing includes provisions for the following resource plan: <br /> <br />1) Engagement Oversight/Project Coordination - 40 Hours <br /> <br />2) Network Architect - 80 hours <br /> <br />3) Wireless Network Specialist - 120 Hours <br /> <br />4) Senior Project Management Consultant - 80 hours <br /> <br />6. Travel time, exceeding reasonable local commute time, will be invoiced at the above <br />hourly rate. <br /> <br />7. Shipping charges that are incurred by IBM during the performance of this Statement <br />of Work will be invoiced to City of Sunny Isles Beach. <br /> <br />8. Applicable federal, state and local taxes are not included in the estimated charges. <br /> <br />9. Invoices are due upon receipt. <br /> <br />8 Other Terms and Conditions <br /> <br />1. This Statement of Work ("SOW") service contract may be cancelled by the City, with <br />or without cause, upon fifteen (15) days written notice to IBM. This Statement of <br />Work service contract shall be subject to immediate termination if the services do not <br />comply with the specifications stated herein or fail to meet the City's performance <br />standard <br /> <br />2. The validity of this Agreement and the interpretation and performance of all of its <br />terms shall be construed and enforced in accordance with the laws of the State of <br />Florida, without regard to principles of conflict of laws thereof. The location of any <br />action or proceeding commenced under or pursuant to this Agreement shall be in <br />Miam i-Dade County, in the State of Florida <br /> <br />Page 7 of 12 <br />