HomeMy WebLinkAbout4460 Resolution - First Amendment to Redflex Photo Enforcement Agr
Resolution – Amendment to RedFlex Traffic Systems, Inc. Agreement - 1
RESOLUTION NO. 4460
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE EXCLUSIVE AGREEMENT WITH REDFLEX
TRAFFIC SYSTEMS, INC. FOR PHOTO ENFORCEMENT PROGRAM.
WHEREAS, the City of Pasco (City) and Redflex Traffic Systems, Inc. entered into an
Exclusive Agreement for a photo enforcement traffic program on November 20, 2018; and
WHEREAS, the City wishes to complete a red light camera study to evaluate the
effectiveness of automated enforcement and the effect to traffic safety; and
WHEREAS, the City and Redflex Traffic Systems, Inc. have proposed a First Amendment
to the Exclusive Agreement for photo enforcement allowing for a month-to-month agreement; and
WHEREAS, the City Council has, after due consideration, determined that it is in the best
interest of the City of Pasco to enter into a First Amendment to the Exclusive Agreement with
Redflex Traffic Systems, Inc. for Photo Enforcement Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the First
Amendment to the Exclusive Agreement between the City of Pasco and Redflex Traffic Systems,
Inc. for Photo Enforcement Program as attached hereto and incorporated herein as Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute said First Amendment on behalf of the City of
Pasco; and to make minor substantive changes as necessary to execute the First Amendment.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this 17th day of June,
2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
First Amendment to Exclusive Agreement – Redflex - 1
FIRST AMENDMENT TO EXCLUSIVE AGREEMENT
BETWEEN
THE CITY OF PASCO AND REDFLEX TRAFFIC SYSTEMS, INC.
FOR PHOTO ENFORCEMENT PROGRAM
This First Amendment (the “First Amendment”) is executed this day of 2024
(the “Effective Date”) by and between Redflex Traffic Systems, Inc. (“Redflex”) and the City of
Pasco, Washington (the “City”), (with Redflex and City each individually a “Party” and collectively
the “Parties”).
RECITALS
A.The Parties entered into an Exclusive Agreement between the City of Pasco and Redflex
Traffic Systems, Inc. for Photo Red Light Enforcement Program on November 20, 2018 (the
“Agreement”); and
B.Pursuant to Section 2 of the Agreement, the City provided Redflex notice dated April 5, 2024
of the City’s intent not to extend the term of the Agreement as provided in Section 2 of the
Agreement; and
C.To allow the City to maintain its safety program during the time needed for the City to review
and present program data to City Council for approval and contract signature, the Parties agree
to amend the term of the Agreement to a month-to- month term with the ability of either Party
to terminate the Agreement upon thirty (30) days written notice to the other Party; and
D.Section 11.6 of the Agreement authorizes the Parties to amend the Agreement through this
written First Amendment.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, City and Redflex
agree as follows:
TERMS AND CONDITIONS
1.Month-to-Month Term. Beginning on _____ day of __________, 2024 the term of the
Agreement shall continue on a month-to-month basis. Either Party may terminate the Agreement by
providing thirty (30) days written notice to the other Party of its intent to terminate the Agreement and
such termination shall proceed pursuant to section 6 of the Agreement, unless otherwise agreed to in
writing by the Parties.
2.Notices. Section 9.1 of the Agreement is hereby amended as follows:
9.1 Notices to Redflex:
Redflex Traffic Systems, Inc.
1150 N. Alma School Road
Mesa, AZ 85201
Attn: Legal Department
Exhibit A
First Amendment to Exclusive Agreement – Redflex - 2
3. Representations and Warranties. The City represents and warrants that it has all rights,
powers, and authorities to enter into this First Amendment and has complied with all local and state
procurement laws.
4. Enforceability of Non-amended Terms and Conditions. Except as expressly stated in this
First Amendment, the terms and conditions of the Agreement shall remain in fully force and effect.
To the extent this First Amendment conflicts with the terms and conditions of the Agreement, this
First Amendment shall control. Any capitalized terms not defined in First Amendment shall have the
meanings ascribed in the Agreement.
IN WITNESS WHEREOF, the Parties have executed this First Amendment effective as of the
Effective Date.
CITY OF PASCO REDFLEX TRAFFIC SYSTEMS, INC.
By:____________________________ By: _______________________________
Name: _________________________ Name: ____________________________
Title: __________________________ Title: _____________________________
APPROVED AS TO FORM:
_______________________________
Kerr Ferguson Law, PLLC
City Attorneys
ATTEST:
_______________________________
Debra Barham, CMC
City Clerk