R12-1351 RESOLUTION R12 -135
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF BOYNTON BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING EXECUTION BY THE INTERIM CITY
6 MANAGER AND CITY CLERK OF A SECOND AMENDMENT
7 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
8 CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC
9 SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT
10 PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS, in 2009, the City entered into an Agreement with American Traffic
13 Solutions, Inc. (ATS) to implement a red light camera enforcement program pursuant to
14 City Ordinance 08 -034; and
15 WHEREAS, on September 16, 2010 the City and ATS amended the Agreement
16 since the scope of services and the compensation structure changed as a result of the State
17 Law; and
18 WHEREAS, the City desires to place cameras at five (5) additional approaches
19 which requires an additional amendment to the Agreement; and
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it
21 in the best interest of its residents and citizens to approve the Second Amendment to
22 Professional Services Agreement Between the City of Boynton Beach and American
23 Traffic Solutions for Photo Red Light Enforcement Program and authorize the Interim
24 City Manager and City Clerk to execute the document.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
28 as being true and correct and are hereby made a specific part of this Resolution upon
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1 adoption hereof.
2 Section 2. The City Commission of the City of Boynton Beach, Florida does
3 hereby approve and authorize execution by the Interim City Manager and City Clerk of the
4 Second Amendment to Professional Services Agreement between the City of Boynton
5 Beach and American Traffic Solutions for Photo Red Light Enforcement Program, a copy
6 of which is attached hereto as Exhibit "A ".
7 Section 3. This Resolution will become effective immediately upon passage.
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PASSED AND ADOPTED this 18 day of December, 2012.
CITY OF BOYNTON BEA , FLORIDA
Ole
Mayor — Wo Ha
6� ayor — Mack McCray
om iss' —
Commission — teve olzman
Commis ' ner —
ATTEST:
Jan �Prainiito,
Clerk
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• t
L ei U Z 410 U 116 - -
This Second Amendment ( "Second Amendment ") is dated effective this day of
201 and is entered into between American Traffic Solutions, Inc. ( "ATS "), a corporation
duly registered under the laws of the State of Kansas with its principal place of business at 1330 West
Southern Avenue, Tempe, Arizona 85282 and the City of Boynton Beach ( "City "), a municipal corporation of
the State of Florida.
N ir_1
WHEREAS, on August 3, 2009, the City and ATS entered into a Professional Services Agreement for
the City's use of the Axsis System to enforce traffic violations (the "Agreement "); and
WHEREAS, on September 16, 2010, the City and ATS amended the Agreement (the "First
Amendment "); and
WHEREAS, section 12 of the Agreement requires any amendments, modifications, or alterations of
the Agreement to be in writing and duly executed by the parties; and
WHEREAS, the City and ATS mutually desire to amend, modify or alter certain terms and conditions
of the Agreement.
• •
NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Second
Amendment, the City and ATS do hereby agree as set forth below:
1. The above recitals are true and correct and are incorporated herein
2. Execution of this Amendment shall serve as a Notice to Proceed for the installation of five (5) new
Approaches, as follows:
1. EB E Boynton Beach Blvd /NW 2nd Ave at N Seacrest Blvd
2. SB N Congress Ave at E Gateway Blvd
3. SB NW 8th St at SR 804/W Boynton Beach Blvd
4. EB SR 804M Boynton Beach Blvd at NW 8th St
5. EB W Woolbright Rd at SW 8th St/Corporate Dr
3. Pursuant to Paragraph 1.0 of the Agreement, the City and ATS agreed to be bound by the terms and
conditions of the February 8, 2008 Agreement between the City of Aventura and ATS. Pursuant to the
provisions set forth in Paragraph 2.0 of the Agreement between the City of Aventura and ATS, the Initial
Contract Term between the City of Boynton Beach and ATS expires May 14, 2016. This Second Amendment
shall not alter, amend, or extend the May 14, 2016 expiration date.
4. Except as expressly amended or modified by the terms of this Second Amendment, all terms of the
Agreement as amended by the First Amendment shall remain in full force and effect. In the event of a conflict
between the terms of this Second Amendment and the Agreement or the First Amendment, the terms of this
Second Amendment shall prevail and control.
5. The provisions of the Agreement, as amended by the First and Second Amendments, including the
recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to
the subject matter hereof.
6. This Second Amendment may be executed in one or more counterparts, each of which shall
constitute an original, but all of which taken together shall constitute one and the same instrument.
7. Each party represents and warrants that the representative signing this Second Amendment on its
behalf has all right and authority to bind and commit that party to the terms and conditions of this Second
Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment.
CITY OF OF BOYNTON BEACH
By:
s i,g,
Mayor or City Manager Date
Date
By: 4 ' -`
Michael Bolton,
Chief Operating Officer
". i , TO T
{
--
2
Date
The City of Boynton Beach
December 19, 2012
Ms. Amanda Bastachury
American Traffic Solutions, Inc.
Tempe, AZ 85282
Dear Ms. Bastanchury:
Attached is the agreement and a copy of the Resolution mentioned above. Once the
agreement has been signed, please return the original to the City Clerk's Office for
further processing.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
(J :�'� ' , PAcx"
et M. Prainito, MMC
City Clerk
Attachments
tls
S:\CC\WP\AFTER COMMISSION \Other Transmittal Letters After Commission \2012 \R12 -135 ATS Second
Amendment.doc
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