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CSS 2023-07-24 Item 1A - Contract Amendment #1 - Automated Traffic Safety Cameras in Parks with NOVOAGLOBAL
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2023-07-24 Community Services and Safety
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CSS 2023-07-24 Item 1A - Contract Amendment #1 - Automated Traffic Safety Cameras in Parks with NOVOAGLOBAL
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7/20/2023 10:50:35 AM
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Council Committees
Committees Date (mm/dd/yy)
07/24/23
Committee Name
Community Services and Safety 2020-Present
Record Type
Agenda Packet
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FIRST AMENDMENT TO SERVICES AGREEMENT <br />BETWEEN THE CITY OF TUKWILA AND NOVOAGLOBAL, INC FOR <br />TRAFFIC INFRACTION DETECTION & ENFORCEMENT PROGRAM <br />This FIRST AMENDMENT ("First Amendment") made this (the "Effective <br />Date"), by and between NovoaGlobal, Inc., a Delaware corporation having a place of business at <br />8018 Sunport Dr, Suite 203, Orlando, FL 32809 ("NG"), and the City of Tukwila, amunicipal <br />corporation of the State of Washington, having an address at 6200 Southcenter Boulevard, Tukwila, <br />WA 98188 (the "City" and together with NG, the "Parties" and each singularly a "Party"). <br />WITNESSETH: <br />WHEREAS, the City and NG entered into a Services Agreement dated September 28, 2020 <br />(the "Initial Agreement"), pursuant to which NG provides the City with cameras and services for <br />the operation of the City's Safety Photo Enforcement Program; <br />WHEREAS, the City and NG mutually desire to amend, modify or alter certain terms and <br />conditions of the Initial Agreement; <br />NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions <br />contained in this First Amendment, the Parties, intending to be legally bound, agree as follows: <br />1. The above recitals are true and correct and are incorporated herein. <br />2. Paragraph "WHEREAS, the City desires to use the Systems to monitor and enforce school <br />zone speed violations in accordance with applicable laws and ordinances" of the Initial <br />Agreement is hereby modified as follows: <br />WHEREAS, the City desires to use the Systems to monitor and enforce violations <br />in accordance with applicable laws and ordinances. <br />3. Section 3.1 and 3.2 of the Initial Agreement, the following initial sentence hereby modified <br />as follows: <br />3.1 The effective date of this Agreement shall be the date first written above (the <br />"Effective Date"). The initial term (the "Initial Term") of this Agreement, the <br />License and the Lease shall begin upon the Effective Date, following full <br />execution of the Agreement by the Parties, and shall continue until the fifth (5th) <br />anniversary of the Installation Date (the "Installation Date"). <br />3.2 The terms of this Agreement shall be automatically extended for two (2) <br />additional terms of five (5) years (each, a "Renewal Term") unless either Party, <br />at least thirty (30) days before the expiration of the five (5) year term of this <br />Agreement then in effect, provides written notice to the other that said Party will <br />not renew or extend this Agreement. All terms and conditions specified herein <br />shall be the same except that the amounts due pursuant to Section 5 hereof shall <br />be adjusted in accordance with the change in the Consumer Price Index — All <br />Urban Consumers — U.S. City Average ("CPP") by multiplying said amounts by <br />the percentage change in the CPI from the beginning of the immediately <br />preceding term to the end of the immediately preceding Term. (Each Renewal <br />1 <br />3 <br />
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