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HomeMy WebLinkAboutREDFLEX TRAFFIC SYSTEMS INC. -2016'iY 2 a i� {x_2046-073 A EENT BETWEEN THE CITY OF SANTA ANA AND RE, DFLEX TRAFFIC SYSTEMS FOR CONTINUING SERVICES This Agreement for Continuing Services ("Agreement') between the City of Santa Ana, California (the "City") and Redflex Traffic Systems Inc. ("Redflex") (collectively, the "Parties") is effective the ZZ day of 2016 ("Effective Date"). A. The City and Redflex entered into the Agreement Between the City of Santa Ana and Redflex Traffic Systems Inc, on December 2, 2002 (the "Program Agreement'); B. The Parties amended or extended the Program Agreement on February 4, 2008, April 8, 2009 and June 21, 2010; C. On May 21, 2015, the City notified Redflex that it would not exercise its right to renew the Program Agreement with Redflex; D. Termination of the Program Agreement became effective on June 19, 2015 (the "Termination Date"); and E. The City and Redflex wish to confirm the scope of services to be provided by Redflex following the Effective Date as provided herein. The Parties agree as follows: TERMS AND CONDITIONS 1. Survival: All provisions of the Program Agreement that survive termination remain in full force and effect except as expressly modified below. 2. Definitions: This Agreement incorporates by reference definitions contained in Section 1 of the Program Agreement. 3. Term: Redflex shall provide revised services (the "Revised Services") as set forth in this Agreement on a month-to-month basis commencing on the Effective Date (the "Term"), The City may terminate this Agreement upon thirty (30) days prior written notice. 4. Revised Services: a. Redflex will provide the City online access to the Redflex System, for an unlimited number of users, to enable the City to print its own court packs for hearings on Violations for a fee of $1,800.00 per month. b. Upon request, Redflex will print and mail nomination forms to the City to be included in its court packs at no additional cost. Page 1 of 3 N-2016-073 c. Redflex will provide an expert witness to appear at a hearing on a Violation at the written request of the City for the following fees: i. If a request for an expert witness is received fourteen (14) or more days prior to the applicable hearing date, then the City shall pay Redflex Three Hundred and Forty -Five Dollars ($345) per day. ii. If a request for an expert witness is received less than fourteen (14) days prior to the applicable hearing date, then the City shall pay Redflex Five Hundred Dollars ($500.00) per day. 5. Governing Law: Any dispute arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of the State of California. 6. Counterparts: This Agreement may be executed in two (2) or more counterpart copies, all of which counterparts shall have the same force and effect as if all parties hereto had executed a single copy of this Agreement. 7. Entire Agreement: This Agreement constitutes the entire agreement of the Parties and supersedes any other written or oral understandings, statements, representations or agreements. The Parties may amend this Agreement by separate written agreement of the City and Redflex. "City" CITY By: _ Name: Title: City of Santa Ana Date: Tv lsTT991: ARIA D. HUIZAR CLERK OF THE COUNCIL "Redflex" REDFLEX TRAFFIC SYSTEMS, INC. Name: Michael Title: P C f1E—rC,-) Date: J A - Page 2 of 3 ATTEST: — A&I /za4r L MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: 6rlos Rojas Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager N-2016-073 Page 3 of 3