HomeMy Public PortalAbout2013 Amendment NoSECOND AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT
This Second Amendment (this "Amendment") is dated effective this / day o
entered into between American Traffic Solutions, Inc. ("ATS"), a Kansas corporation and
("Customer"), a municipal corporation of the State of Florida.
RECITALS
013 and is
illage of Key Biscayne
WHEREAS, on April 30, 2008, Customer and ATS entered into a Professional Services Agreement (the
"Agreement"); and
WHEREAS, the Florida Legislature passed and the Governor of the State of Florida signed into law
CS/CS/HB7125, authorizing local hearings for notices of violations connected with the use of red light cameras as traffic
infraction detectors to enforce Chapter 316, the State of Florida Uniform Traffic Code and taking effect on July 1, 2013;
and
WHEREAS, Customer and ATS mutually desire to amend certain terms and conditions of the Agreement to align
the provision of services by ATS with the provisions and requirements of Law of Florida 2013 -
TERMS AND CONDITIONS
NOW THEREFORE, Customer and ATS hereby agree as set forth below:
1. The convenience fee set forth in Section 20 of Exhibit D, is hereby amended as follows: "ATS is authorized to
charge, collect and retain a convenience fee of up to 5% for each electronic payment processed. Such fees are
paid by the violator."
2. Exhibit D is hereby amended to add a new subsection 21 as follows: "Subsequent notices, other than those
specified in this Exhibit D, may be delivered by First Class mail for additional compensation as set forth in Exhibit
F."
3. Exhibit F is hereby amended to add the following: "Subsequent notices mailings fee: $2.00 per piece"
4. Section 18 of Exhibit D is hereby amended to add the following: "Customer shall provide, either for itself or
through an inter -local agreement with another jurisdiction, a local hearing officer, clerk, and hearing facilities to
schedule and hear disputed Notices of Violation."
5. The provisions of the Agreement, as amended by this Amendment, including the recitals, comprise ail 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.
6. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment.
Key Bisca ne American Traffic:yens, Inc.
By: .► +..-- By:
i
Title' ' rx_ / Title: EVP/ Press ' s 6s
Date: i'r/ / Date:
1