HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-032Temp Reso # 12771
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April 13, 2016
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016- 32-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING THE INITIAL TERM — AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN TRAFFIC
SOLUTIONS, INC., ATTACHED HERETO AS EXHIBIT "A" AND
INCORPORATED HEREIN; AUTHORIZING AND DIRECTING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE ALL DOCUMENTS
NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on November 14, 2012, the City and American Traffic Solutions, Inc. (ATS)
entered into a Professional Services Agreement, which together with a First and Second Addendum to
such Professional Services Agreement constitute the "Agreement" referred to herein; and,
WHEREAS, on August 26, 2015, the City and ATS entered into the 2015 Amendment to the
Professional Services Agreement to implement certain revised processes for its red light camera
program; and,
WHEREAS, the City and ATS are in discussions on potentially renewing the Professional
Services Agreement, but additional time is needed for the parties to review and determine how to
proceed; and,
Temp Reso # 12771
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April 13, 2016
WHEREAS, the City Commission finds that approving the Initial Term — Amendment to
the Professional Services Agreement with ATS is in the best interest of the health, safety, and
welfare of the citizens and residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC:
Section 1. The above recitals are true and correct and are incorporated herein by reference.
All exhibits attached hereto are incorporated herein and made a specific part of this resolution.
Section 2. The City Commission of the City of Tamarac, Florida, hereby approves the Initial
Term — Amendment to the Professional Services Agreement, attached hereto as Exhibit "A" and
incorporated herein.
Section 3. The City Commission of the City of Tamarac, Florida, hereby authorizes and
directs the appropriate City officials to take any and all action necessary to effectuate the intent of this
resolution.
Section 4. All resolutions inconsistent or in conflict herewith shall be and are hereby
repealed insofar as there is conflict or inconsistency.
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Temp Reso #12771
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April 13, 2016
Section 5. If any section, sentence, clause, or phrase of this resolution is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this resolution.
Section 6. This resolution shall become effective upon its passage and adoption by the City
Commission.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS / DAY OF , 2016.
ATT
PATRICIA TEUFE YCMC
CITY CLERK
CITY OF TAMARAC FLORIDA
- I , � 40 t"V
HAAY DRESSLER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST l: COMM. BUSHNELL
DIST 2: COMM. GOMEZ l i'
DIST 3: V/M GLASSER 44-1,�l
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
VoY'� , A,.., 'i l l'
SAMIAL S. GOREN
CITY ATTORNEY
Temp Reso 412771
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April 13, 2016
Exhibit "A"
Initial Term — Amendment to Professional Services Agreement
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INITIAL TERM - AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT
This Initial Term - Amendment to Professional Services Agreement ("Amendment")
is dated effective this day oft 2016 and is entered into between
American Traffic Solutions, Inc. ("ATS" or "Vendor"), a corporation duly registered under the
laws of the State of Kansas with its principal place of business at 1150 N. Alma School Road,
Mesa, AZ 85201 and the City of Tamarac, Florida ("City" or "Customer"), a municipal
corporation of the State of Florida (each individually a "Party" and collectively the "Parties").
RECITALS
WHEREAS, on November 14, 2012, the City and ATS entered into a Professional
Services Agreement, which together with a First and Second Addendum to such Professional
Services Agreement constitute the "Agreement" referred to herein; and
WHEREAS, on August 26, 2015, the City and ATS entered into the 2015 Amendment to
the Professional Services Agreement to implement certain revised processes for its red light
camera program.
TERMS AND CONDITIONS
NOW THEREFORE, Customer and ATS hereby agree as set forth below:
The Initial Term of the Professional Services Agreement expires April 19, 2016, pursuant
to Section 2.0 - Term - of the Agreement. The Initial Term shall be extended on a month
to month basis for a period of up to three (3) months, commencing April 20, 2016
("Extended Initial Term"). The City shall advise ATS no later than May 10, 2016 should
the City determine not to extend beyond the first month, and no later than June 10, 2016
should the City determine not to extend into the third month of the Extended Initial Term.
A decision by the City not to extend the Initial Extended Term is not a termination under
Section 7.0. The Extended Initial Term shall not extend beyond July 19, 2016.
2. This Initial Term — Amendment shall not affect any pre-existing or pending liabilities or
claims of the parties and shall not operate as a waiver of any such existing matters.
3. The provisions of the Agreement, as amended by this Amendment, including the recitals,
comprise all of the terms, conditions, agreements, and representations of the parties
with respect to the subject matter hereof. Except as expressly amended or modified by
the terms of this Amendment, all terms of the Agreement shall remain in full force and
effect. In the event of a conflict between the terms of this Amendment and the
Agreement, the terms of this Amendment shall prevail and control.
4. This 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. Each party represents and warrants that the representative signing this
Amendment on its behalf has all right and authority to bind and commit that party to the
terms and conditions of this Amendment.
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IN WITNESS WHEREOF, the Parties hereto have executed this Initial Term Amendment
Agreement.
CITY OF TAMARAC, FLORIDA
City Manager
APPROVED AS TO FORM:
By: Yqjk Y b jl:
City AttorrieyU Date
AMERICAN TRAFF
By:
Print Name:
Title:
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Date
ATTEST:
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David M. Robert`s' Date `i
President & Chief Operating Officer
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