HomeMy WebLinkAbout11873RESOLUTION NO. 11873
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE
AGREEMENT BETWEEN THE CITY OF PUEBLO AND AMERICAN
TRAFFIC SOLUTIONS, LLC., FOR THE MAINTENANCE AND
OPERATION OF THE RED LIGHT TRAFFIC SAFETY CAMERA
PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SFOTinN 1
Amendment No. 1 between the City of Pueblo, a Municipal Corporation and
American Traffic Solution, LLC., relating to the Traffic Safety Camera Program, a copy
of which is attached hereto and incorporated herein, having been approved as to form
by the City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is authorized to execute and deliver the
Agreement Amendment in the name of the City, and the City Clerk is directed to affix
the seal of the City thereto and attest the same.
INTRODUCED: May 10, 2010
BY: Chris Kaufman
COUNCILPERSON
APPROVED:
FtE510ENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
Background Paper for Proposed
RESOLUTION
DATE: MAY 10, 2010 AGENDA ITEM # M -2
DEPARTMENT: POLICE DEPARTMENT
JAMES BILLINGS, CHIEF
TITLE
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF PUEBLO AND AMERICAN TRAFFIC SOLUTIONS, LLC.,
FOR THE MAINTENANCE AND OPERATION OF THE RED LIGHT TRAFFIC SAFETY
CAMERAPROGRAM
ISSUE
Should the City amend the agreement with American Traffic Solutions, LLC to add a "cost
neutral' provision?
RECOMMENDATION
Approval of Resolution
BACKGROUND
The City of Pueblo entered into an agreement with American Traffic Solutions to provide photo
enforcement for red light violations at various intersections within the City. The original
agreement as approved did not encompass the "cost neutral' provision as originally discussed.
This amendment allows the City to pay the rental fee only for the amount of funds collected, not
to exceed the standard rental fee as established in the original agreement.
FINANCIAL IMPACT
There is no negative financial impact to the City.
American
_ Traffic Solutions
AMENDMENT NO. 1 TO
AGREEMENT
April 21, 2010
THIS AMENDMENT NO. 1 to Agreement by and between the City of Pueblo, a
Municipal Corporation (hereinafter referred to as "City ") and American Traffic Solutions,
Inc. ( "Contractor") is made and entered into this 21st day of April, 2010 by and
between the City and Contractor. City and Contractor may each be referred to herein
as a "Party" or collectively as the "Parties ".
WHEREAS, City and Contractor have heretofore entered into an Agreement
dated May 27, 2008 (hereinafter "the Agreement "), wherein the Parties set forth their
agreement concerning the provision of equipment and services for a traffic signal
camera system; and
WHEREAS, the parties desire to modify the Agreement with respect to flexible
payment for services by Contractor;
NOW, THEREFORE, in consideration of the foregoing and the mutual terms and
conditions set forth herein, the parties agree as follows:
1. The Agreement is amended by revising section 4 thereof to include a new
subsection (f) thereto, to read as follows:
(f) FLEXIBLE PAYMENT PLAN
During the term of the contract, payments by the City ( "Customer") may be made to
ATS under a Flexible Payment Plan. Under the Flexible Payment Plan, the Customer
may defer certain payments to ATS until the Customer has collected sufficient funds
pursuant to the terms of the contract. If, at the end of the term of the contract, sufficient
funds have not been collected by the Customer to pay the balance then due to ATS,
ATS agrees to waive its right to recovery of any outstanding balance. For purposes of
this clause, the term 'funds" means the revenue retained by the Customer according to
the distribution methods applicable under this contract and Colorado law.
This subsection (f) will be applied as follows: ATS will maintain an accounting of any
net balances owed to ATS. If the amount collected during a billing period exceeds the
amount of ATS invoices during the same period, the Customer shall pay ATS the total
amount due. If the amount collected during a billing period is less than the amount of
ATS invoices during the same period, the Customer shall pay ATS the amount
collected, and may defer payment of the remaining balance. Payments due to ATS
shall be reconciled by applying future funds collected, first to the accrued balance, and
then to the invoice for the current billing period. At any time that ATS invoices,
including any accrued balance, are fully repaid, the Customer will retain all additional
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funds collected during that billing period. Such additional funds (whether reserved in
cash or not by the Customer) will be available to offset future ATS invoices
2. Pursuant to section 12 of the Agreement, the City agrees the execution of
this amendment provides the written consent of the City to the assignment of this
Agreement, as amended, by American Traffic Solutions, LLC to American Traffic
Solutions, Inc.
3. Except as expressly modified by this Amendment No. 1, the Agreement
shall remain in full force and effect. Any obligations remaining to be performed under
the original Agreement by either Party, including but not limited to those relating to the
services to be performed by Contractor, or the compensation payable therefore, are not
waived or excused in any manner, but shall be fully performed in accordance with the
terms and conditions of the Agreement as it existed prior to this Amendment No. 1.
IN WITNESS WHEREOF, City and Contractor have executed this Amendment
No.1 as of the date first above written.
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
City rk
ATTEST: _
APPROVED AS TO FORM
W -
CONTRACTOR:
AMERICAN TRAFFIC SOLUTIONS, INC.
B
Adam E. Tuton, COO /EVP
BY
President of the City Council
BALANCE OF APPROPRIATION
EXISTS FOR THIS CONTRACT AND
FUNDS ARE AVAILABLE
Director 6T Finance
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