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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. 11 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 Document in Windows Internet Explorer 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. 0 9 10 11 121 13 14 151 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 Document in Windows Internet Explorer • 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 America's Gateway to the Gulfstream