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2009-34RESOLUTION NO. 2009-34 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT DATED FEBRUARY 8, 2008 BY AND BETWEEN THE CITY OF AVENTURA AND AMERICAN TRAFFIC SOLUTIONS, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. The City Manager is hereby authorized to execute and otherwise enter into the attached Amendment to Professional Services Agreement dated February 8, 2008 by and between the City of Aventura and American Traffic Solutions, Inc. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Joel, who moved its adoption. The motion was seconded by Commissioner Stern, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Teri Holzberg yes Mayor Susan Gottlieb yes Resolution No. 2009-,~ Page 2 PASSED AND ADOPTED this 1St day of September, 2009. SAN GOTTLII?B, MAYOR ATTEST: T SA M. S O , MMC C CLERK APPROVED AS TO LEGAL SUFFICI ~~ CITY ATTORNEY AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Amendment to the PROFESSIONAL SERVICES AGREEMENT dated February 8, 2008 by and between AMERICAN TRAFFIC SOLUTIONS, INC. (hereinafter "ATS") and the CITY OF AVENTURA, FLORIDA, (hereinafter "Aventura") (the "Agreement") is made and f entered into this ~ S • day of September, 2009. WITNESSETH: WHEREAS, ATS and Aventura have agreed, pursuant to the terms, provisions, conditions and considerations hereinafter set forth, to supplement and amend the Agreement as follows: 1. ATS shall provide collection services to Aventura for all photo enforcement violations remaining unpaid after issuance of the second notice. 2. As a collection fee ATS shall be paid 30% of the unpaid amounts collected. All other terms and conditions of the Agreement shall remain the same. 3. The methods of the collection services shall be later approved by the City Manager, and will be consistent with the industry standards for collection practices. 4. There will be annual renewal periods for the collections services, however, the City Manager has the right to discontinue these additional collection services at any time at his sole discretion. 5. Any collections that ATS has expended efforts to collect prior to the termination of this agreement but which are still unpaid at the time of termination will be paid to ATS following termination of this agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first hereinabove written. AMERICAN TRAFFIC SOLUTIONS, INC. BY: Adam E. Tuton, EVP/COO CITY OF AVENTURA, FLORIDA BY: Eric M. Soroka, City Manager 2