CSS 2023-07-24 Item 1A - Contract Amendment #1 - Automated Traffic Safety Cameras in Parks with NOVOAGLOBAL

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20-087 Council Approval 8/17/20 SERVICES AGREEMENT BETWEEN THE CITY OF TUKWILA, WASHINGTON AND NOVOAGLOBAL, INC. FOR TRAFFIC INFRACTION DETECTION & ENFORCEMENT PROGRAM This AGREEMENT (the "Agreement") made this 2"day of September, 2020, by and between NovoaGlobal, Inc. (formerly known as Sensys America, Inc.), a Delaware corporation having a place of business at 8018 Sunport Drive, Suite 203, Orlando, Florida 32809 ("NG"), and the City of Tukwila, a municipal corporation of the State of Washington, having an address at 6200 Southcenter Boulevard, Tukwila, WA 98188 (the "City" and together with NG, the "Parties" and each singularly a "Party"). WITNESSETH: WHEREAS, pursuant to chapter 9.53 of the Tukwila Municipal Code, Automated Traffic Safety Cameras in School Zones, the City may implement an automated photo enforcement program; WHEREAS, NG has the knowledge, possession, and ownership of certain equipment, licenses and processes, referred to collectively as the NG Safety System (the "System(s)"); WHEREAS, the City desires to use the Systems to monitor and enforce school zone speed violations in accordance with applicable laws and ordinances; WHEREAS, the Parties desire to enter into this Agreement, whereby NG will (i) install and assist the City in the administration and operation of the Systems, as described in more detail on ExhibitA to this Agreement at the locations within the City's jurisdiction, and provide to the City the services (the "Services"), all as more fully described on Exhibit A, and (ii) in connection with the Services, license certain software and lease certain equipment to the City. NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions contained herein, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows: 1. RECITALS AND EXHIBITS. The foregoing recitals are true and correct and are hereby incorporated in haec verba. All exhibits attached to this Agreement contain additional terms of this Agreement and are hereby incorporated in haec verba. 2. SERVICES 2.1. NG agrees to install and provide to the City for the Term, the Systems (the "Equipment") and software (the "Software") to be supplied and installed by NG in accordance with ExhibitA (including the provision of all construction drawings, permit applications and other documents required by applicable law for the l F of a_ Ori i\nt i {KZS2229149.DOCX;1/13175.000001/ } 1