Ordinance No. 11,122ORDINANCE NO. 11,122
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING
AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY
CLERK TO ATTEST TO THE FIRST AMENDMENT TO A PROFESSIONAL
SERVICES AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS TO
EXTEND THE TERM THEREOF: AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown. Texas, hereby authorizes
and directs the City Manager and City Clerk of the City of Baytown to execute and attest to the
First Amendment to the Professional Services Agreement with American Traffic Solutions, Inc.
A copy of said amendment is attached hereto, marked Exhibit "A" and incorporated herein for all
intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the of f r -mad vote of the City Council of the
City of Baytown this the 19`x' day of May, 2009.
S EPI-]EN II. DONC OS, Mayor
ATTEST:
Y D L. City Clerk C.3-
APPROVED AS TO FORM:
/L
446NACI(D RAMIREZ_ SR., Ci ttorney
1 \cobsry r \Legal \Karcn\Files \City Council \Ordinanccs\2009\iviay l9\ E= irstAmendnient2slT Sr\ grecriient4RedLie htCanrerasOrdinance.doc
Exhibit "A"
FIRST AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
AMERICAN TRAFFIC SOLUTIONS, INC.
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ( "First Amendment ") to that certain "Professional Services Agreement"
between the CITY OF BAYTOWN (the "CITY") and AMERICAN TRAFFIC SOLUTIONS, INC. ( "ATS ") ,
dated August 23, 2007, is made by and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the CITY and ATS entered into a Professional Services Agreement on August 23, 2007
( "Agreement "); and
WHEREAS, the parties desire to extend the term of the agreement for a ten -year period;
NOW THEREFORE. for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
Definitions. Unless a different meaning clearly appears from the context. words and phrases as used
in this First Amendment shall have the same meanings as in the Agreement.
2. Amendment. Section 4 "Term and Termination," Subsection (b) of the Agreement is hereby amended
to read as follows:
4. TERM AND TERMINATION:
The term of this Agreement shall be for fifteen (15) years beginning on the date of the first
issued and payable notice of a violation (the "Start Date ") and may be automatically
extended for additional five (5) year periods under the same terms and conditions. However,
Customer may terminate this Agreement each fifth year after the Start Date by providing
written notice thereof at least 60 days prior to expiration each fifth year period.
Entire Agreement. The provisions of this First Amendment and the provisions of the Agreement
should be read together and construed as one agreement provided that, in the event of any conflict or
inconsistency between the provisions of this First Amendment and the provisions of the Agreement,
the provisions of this First Amendment shall control. Nothing contained in this First Amendment
shall be construed in any way to limit or to waive the City's sovereign immunity.
First Amendment. Paae 1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies, each
of which shall be deemed to be an original. but all of which shall constitute but one and the same amendment,
this _ day of .2009.
CITY OF BAYTOWN
IN
ATTEST:
KAYTHIE DARNELL, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.. City Attorney
GARRISON C. BRUMBACK, City Manager
AMERICAN TRAFFIC SOLUTIONS, INC.
By:
ATTEST:
(Signature)
(Printed Name)
(Title)
ADAM E. TUTON, Executive Vice President
\\ cobsry l\ LegaIkKaren \Files\Contracts\American Traffic Sol utioruUstAmendment.doc
First Amendment, Page 2