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Resolution No. 2020-76 Approving Amendment No. 7 to American Traffic Solutions dba Verra Mobility Agreement - November 10, 2020 RESOLUTION NO. 2020-76 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 NO. 7 TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND AMERICAN TRAFFIC SOLUTIONS, INC. (DOING BUSINESS AS VERRA MOBILITY); AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the City Manager is hereby authorized to execute and otherwise enter into the attached Amendment No. 7 to Professional Services Agreement (the "Agreement") by and between the City of Aventura and American Traffic Solutions, Inc. (doing business as Verra Mobility). Section 2. That the City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution and the Agreement. Section 3. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Landman, who moved its adoption. The motion was seconded by Commissioner Narotsky, and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes City of Aventura Resolution No. 2020-76 PASSED AND ADOPTED this loth day of November, 2020. E't ENID WEISMAN, MAYOR • ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: V4 CITY ATTORNEY Page 2 of 2 AMENDMENT NO. 7 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No.7(the"Amendment's to the Professional Services Agreement is made by and between the Cite of Aventura ('City and American Traffic Solutions, Inc., now doing business as Verra Mobility, with its principal offices at 1150 N.Alma School Road,Mesa,Arizona 85201 ("Verra Mobility"or"Vendor' (individually,a "Party"; collectively, the "Parties', and is effective as of the last signature date below (the "Effective Date'.The Professional Services Agreement and any prior amendments thereto are collectively referred to as the"Agreement." RECITALS WHEREAS, on or about February 8,2008,the City and Vendor entered into a Professional Services Agreement, which was amended on or about September 1, 2009,July 1, 2010, May 7, 2013,June 20,2013, November 7,2014,and November 7,2017 (herein,the"Agreement's whereby the City and Vendor agreed to the provision of Vendor services to the City in connection with a Traffic Camera Safety Program, subject to the terms and conditions stated in the Agreement;and WHEREAS, City and Vendor mutually desire to extend the term of the Agreement, modify the fee structure for current services,and add enhanced services to the Agreement. TERMS AND CONDITIONS NOW THEREFORE,City and Vendor hereby agree as set forth below: 1. The execution of this Amendment shall serve as written notice by the City to Vendor, pursuant to Section 2.0. Term. of the Agreement, to extend the Agreement for an additional five (5) year term beyond the current term pursuant to terms of Section 2.0 of the Agreement. Notwithstanding anything in the Agreement to the contrary,the parties agree the"Start Date"of this additional five(5)year term shall be May 7,2023. If upon the mutual agreement of the parties the City installs additional camera systems the five (5) year term shall begin on the date of the last installed camera system subsequent to the Effective Date of this Amendment. The remaining renewal terms and conditions in Section 2.0 "Term"of the Agreement shall remain unchanged,except any future renewal terms must be mutually acceptable to each party as indicated in writing. 2. Upon the mutual agreement of the parties, the City may elect to install additional red light camera systems during the term of this Agreement. Such mutual agreement shall be evidenced by a written notice to proceed(NTP) submitted by the City to Verra Mobility and the written acknowledgment and acceptance by Verra Mobility of the NTP. All additional red light camera systems shall include enhanced video services subject to the terms and conditions in this Agreement, including, but not limited to, the City receiving all required approvals and permitting from the Florida Department of Transportation. 3. Section 1.0 of Exhibit F of the Agreement is hereby modified to change the price per camera per month from a flat monthly fee of$4250 per camera per month to $4,150 per camera per month. However,the pricing for 1 or 2 lane sites remains unchanged and the same as stated in Section 1.0 of Exhibit F of the Agreement prior to the effective date of this Amendment. The certified mail processing surcharge also remains unchanged. 4. Upgrade to High-Definition (HD) Video. Within ninety (90) days of the Effective Date of this Amendment Verra Mobility will upgrade at no additional cost to the City all the City's red light cameras with HD video cameras and related firmware. 1 S. Independent Counsel. Each part has had the benefit of counsel and the opportunity to seek independent advice and counsel concerning the terms of this Amendment. Neither party is relying on the other to provide information concerning the terms of this Amendment or its effect on the Agreement. As such,Vendor and City agree that this Amendment is the product of mutual effort and in the event of an ambiguity,it will not be construed more strictly against one party than the other. 6. The provisions of the Agreement,as amended by this Amendment,including the recitals,comprise all 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. 7. 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 WTrNESS WHEREOF,the parties hereto have executed this Amendment. CITY Or AVE l'URA AMERICAN TRAFFIC SOLUTIONS Signature: Signature:_ Lz�z o.- - Name/Title:Jll�LV4.V-4,1— Name/Tide: Garrett Miller, Executive Vice President 44- Date:. �Z Dare: November 19, 2020 4 2