2009-16016 &12
ORDINANCE NO. ,~J 9
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT
TO THE CONTRACT BETWEEN THE CITY OF DENTON AND REDFLEX TRAFFIC
SYSTEMS USA FOR OPERATION OF AN AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (FILE 3364-AMENDMENT FOR CONTRACT
EXTENSION/PRICE ADJUSTMENT).
WHEREAS, on November 15, 2005 by Ordinance No. 2005-345, the City awarded a contract
to Redflex Traffic Systems, Inc. for the implementation and operation of an Automated Traffic
Signal Enforcement Program; and
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council that an amendment be authorized to amend such contract agreement with respect to an
extension to the coverage period and changes to the pricing structure, and said fees under the
proposed contract are fair and reasonable and are consistent with and not higher than the
recommended practices and fees published by the professional associations applicable to the
Provider's profession and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Amendment, extending the terms of the professional services agreement
between the City and Redflex Traffic Systems, Inc. for an additional five years, which is on file in
the office of the Purchasing Agent, is hereby approved and the expenditure of funds therefor is
hereby authorized in accordance with said Amendment.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~`5L day of 2009.
l
MARK A. '-U ROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
ev:
. ~q , - U
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
2-ORD P 3364
AMENDMENT
This Amendment is made as of this 21st day of July 2009, by and between the
City of Denton, Texas (the "Customer" and/or the "City"), and Redflex Traffic
Systems, Inc. ("Redflex") with its principal place of business at 23751 N.23~d
Ave., Suite 150, Phoenix AZ 85085-1854 (individually referred to as a "Party" and
together referred to as the "Parties").
WHEREAS, the Customer and Redflex originally entered into a contract for
services and related equipment on November 15th, 2005 (the "Agreement").
WHEREAS, the Parties agree that certain modifications to the Agreement are
required in order to extend the term of the Agreement.
NOW, THEREFORE, in consideration of the mutual obligations set forth herein
and for other valuable consideration received, the Customer and Redflex agree
to amend the Agreement as follows:
TERM. The term of this Agreement shall commence as of the date hereof
and shall continue for a period of five (5) years. The term of the Agreement
shall commence on the 21St day of July, 2009 and shall expire on 20th
day of July , 2014. The Customer shall have the right, but not the
obligation, to extend the term of this Agreement for up to two (2) additional
consecutive five (5) year periods following the expiration of the Initial Term
(each, a "Renewal Term" and collectively with the amended Term, the
"Term"). The Customer may exercise the right to extend the term of this
Agreement for a Renewal Term by providing written notice to Redflex not less
than thirty (30) days prior to the last day of the Initial Term or the Renewal
Term, as the case may be.
2. The Customer's current base compensation as set forth in the Agreement
will continue as stated, unless otherwise adjusted below, subject to annual
Consumer Price Index ("CPI") adjustment. The CPI adjustment (if any) shall be
calculated as follows: Each year, on the anniversary of the date of execution of
this Amendment, the relevant pricing for goods and services shall be adjusted in
accordance with the definitions and calculations published by U.S. Department of
Labor Consumer Price Index for the U.S. City average.
The current agreement lists $5,153.75 as full remuneration per approach for all
services contemplated under this Agreement.
The parties agree that the new compensation shall be:
RTS-TX 5-09 v1
$4,870.00 as full remuneration per approach for all services contemplated under this
Agreement.
This Amendment is intended to modify, supercede and replace certain terms and
conditions stated in the Agreement. Unless expressly stated in this Amendment, all
other terms and conditions of the Agreement between Customer and Redflex will
remain enforceable. If any terms and conditions contained in this Amendment are
inconsistent with the Agreement, the terms and conditions contained in this
Amendment will be controlling.
Signed this 21st day of July, 2009.
THE CITY OF DENTON, TEXAS
TITLE G% % v
NAME C-7, CM OE G, ~~%'JP LZ~
REDFLEX TRAFFIC SYSTEMS, INC.
Bv:
Name: Aaron Rosenberg
Title: Executive Vice President
APPROVED AS TO FORM:
<INSERT NAME>
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
BY°
RTS-TX 5-09 v 1