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HomeMy WebLinkAboutCORRESPONDENCE - RFP - 8363 TRAFFIC CAMERA SYSTEM (2)Official Purchasing Document Last updated 3/2018 Page 1 of 3 AMENDMENT #1 AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND REDFLEX TRAFFIC SYSTEMS INC. This First Amendment (Amendment #1) is entered into by and between the CITY OF FORT COLLINS (the “City”) and REDFLEX TRAFFIC SYSTEMS INC.(the “Service Provider”). WHEREAS, the Service Provider and the City entered into an Agreement effective January 1, 2017 (the “Original Agreement”); WHEREAS, by letter dated November 14, 2017 and November 13, 2018, the City sent notice to Service Provider of its intent to extend the term of the Agreement for additional periods of time (“Renewal Letters”) (the Renewal Letters and the Agreement, collectively, the “Agreement”); WHEREAS, the Agreement is set to expire on December 31, 2019; WHEREAS, the Agreement allows the City to extend the term of the Agreement for two (2) additional one (1) year time periods; and WHEREAS, the Service Provider and the City desire to amend the Agreement to combine the final two (2) renewal periods into a single two (2) year term and extend the Contract Period for two (2) additional years; and WHEREAS, the City desires to exercise the option provided under the Agreement to add additional red-light approaches; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. In accordance with Section 2 of the Agreement, the Parties agree to extend the Contract Period for two (2) additional years for the period January 1, 2020 through December 31, 2021. Notwithstanding anything to the contrary contained in the Agreement, and for the avoidance of doubt, it is the parties express intent to exercise both remaining renewal periods, and the Agreement will expire, unless extended by written agreement signed by both parties, on December 31, 2021. 2. Add a new Section 20 to the Agreement as follows: 20. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 3. Paragraph 2 under the section marked “Equipment” of EXHIBIT A, SCOPE OF SERVICES is hereby amended to include the installation of four (4) additional red-light camera approaches by adding the following language to the end of the Paragraph: DocuSign Envelope ID: 397EE2F9-326E-4122-A030-2FDC3B4C5985 Official Purchasing Document Last updated 3/2018 Page 2 of 3 In addition to the two (2) red light camera systems previously installed as of the Effective Date of Amendment #1, Redflex shall provide and install at no cost to the City four (4) new red-light camera approaches to include any and all required materials, supplies, and labor required for installation and connection to the City’s traffic signals. The approaches may be installed at two (2) different intersections as directed by the City. The four (4) new approaches shall be installed and achieve full operational violation processing capability in accordance with a plan (“Installation Plan”) to be mutually agreed to between the parties. No later than January 10, 2020, representatives of both parties will meet to finalize the Installation Plan, including the associated dates of installation. The City agrees that the estimated timeframes for installation and activation are subject to conditions beyond the control of Service Provider and are not guaranteed. Notwithstanding anything to the contrary, Service Provider shall not be required to install any new approaches unless Service Provider receives the necessary permits and government approvals to install the new approaches within two (2) months of the Effective Date of this Amendment #1. The new red-light camera approaches shall be installed with Redflex’s Halo 2.0 camera system, consisting of but not limited to the Halo 2.0 enclosures, cameras, flashes, central processing units, signal controller interfaces, radars, which collectively can detect violations and record violation data in the form of photographic images and video. Redflex shall prepare all required engineering drawings including stamping by a Professional Engineer (PE) licensed in the state of Colorado. Redflex shall engage as necessary a licensed electrical sub-contractor to complete all necessary electrical work including but not limited to the installation of all related equipment which work shall be performed in compliance to all applicable local, state and federal laws and regulations. Redflex shall be responsible for any permits required. Redflex shall install and test the functionality of the four (4) new red-light camera approaches and establish fully operational violation processing capability with the new approaches. The monthly cost for the new red-light camera approaches shall be $5,000 per approach in accordance with Exhibit B of the Original Agreement. Upon full operational violation processing capability of the new red-light camera systems the total increase in the monthly cost will be $20,000. 4. Except as expressly amended by this Amendment #1, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Agreement and this Amendment #1, this Amendment #1 shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment #1 as of the day and year of the last signature shown (“Effective Date”). DocuSign Envelope ID: 397EE2F9-326E-4122-A030-2FDC3B4C5985 Official Purchasing Document Last updated 3/2018 Page 3 of 3 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: ___________________________________ APPROVED AS TO FORM ___________________________________ REDFLEX TRAFFIC SYSTEMS INC. By: Lew Miller, Sr. Vice President Operations Date: DocuSign Envelope ID: 397EE2F9-326E-4122-A030-2FDC3B4C5985 12/31/2019 Assistant City Attorney ll 12/31/2019 City Clerk