Loading...
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 76 East Gray Road • Scottsdale, Arizona 85260 • TEL: 480.443.7000 • FAX 480.607.0901 v1'4rva.a1s0l.c0(n • v KRedLi I)iCamera.com • w nw.PlaaPass.corn 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 Page 2 of 2 Pueblo, CO 2010.04.20 Amendment.doc ON of Pueblo. CO