HomeMy WebLinkAboutSensysGatso - Amdmnt No. 3 - 2.5.2024Third Amendment of the Agreement
This Third Amendment ("Third Amendment") is effective as of February 5 , 2024
(the "Amendment Effective Date"), is made by and between Sensys Gatso USA, Inc. ("Sensys
Gatso") and the City of Waterloo, Iowa (the "Customer" or "City"), and further amends the
Customer Agreement, dated August 7 2017, by and between Sensys Gatso and the City. All
capitalized terms used and not otherwise defined in this First Amendment shall have the
meanings set forth in the Agreement.
RECITALS
WHEREAS, The Parties entered into a Customer Agreement between the City of
Waterloo and Sensys Gatso USA, Inc. for an automated red light and speed enforcement
program on or about August 7, 2017 (the "Original Agreement");
WHEREAS, On or about October 23, 2018, the parties amended various terms and
conditions of the Original Agreement including the Per Paid Citation Fee and Per Issues Ticket
Fee (the "First Amendment"). On or about August 7, 2020, the first of two automatic two-year
extensions extended the term of the Original Customer Agreement (the "First Renewal Term") to
August 6, 2022. In 2021 the parties amended the terms of the Original Agreement to include
terms relating to collection services (the "Second Amendment"). On or about August 7, 2022,
the first of second automatic two-year extensions extended the term of the Original Customer
Agreement (the "Second Renewal Term") to August 6, 2024. Collectively, the Original
Customer Agreement, the First Amendment, the First Renewal Term, the Second Renewal Term,
and the Second Amendment, the "Agreement;" and
WHEREAS, The Parties now desire to make additional modifications herein, including
changing and extending the term and changing the per paid citation fee.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
in the Agreement, and other good and valuable consideration, the receipt and sufficiency of
which are hereby mutually acknowledged, the Parties agree to amend the Agreement as follows:
TERMS AND CONDITIONS
1. Initial Term; Extensions. The first two (2) sentences of Subsection 1.1 of the
Agreement are hereby deleted and replaced with the following two (2) sentences:
1.1. Initial Term; Extensions. This Agreement shall commence on the Amendment
Effective Date and continue for a period of five (5) years (the "Initial Term"). Upon
expiration of the Initial Term, the Agreement will automatically renew for two (2)
subsequent two (2) year terms (each a "Renewal Term" and, collectively with the
Initial Term, the "Term"), unless either party provides a written notice to terminate
not later than thirty (3) days prior to expiration of the then -current Initial Term or
Renewal Term.
2. Compensation. In Subsection 2.1.1, the "Per Paid Citation Fee" of $36.00 shall change
to $27.00.
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3. Notices. The party information for "Gatso" shall be deleted and replaced with the
following:
Gatso: Sensys Gatso USA, Inc.
Attn: Legal Department
900 Cummings Center, 316-U
Beverly, MA 01915
4. This Third Amendment constitutes the entire agreement and understanding concerning
the subject matter addressed herein, and supersedes and replaces all prior negotiations
and all agreements proposed or otherwise, whether written or oral, concerning the subject
matter hereof. Each party expressly acknowledges that they have not relied on any
representations, oral or otherwise, in signing this Third Amendment, except for those
expressly stated herein. Except as amended hereby and as previously amended, the
Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be
executed by their respective authorized representatives.
AGREED TO:
Sensys Gatso USA, Inc.
By:
Name: Bill Braden
Title: President and Managing Director
Date: 2/5/2024
AGREED TO:
The City of Waterloo, Iowa
By: Quercicn
Name: Quentin Hart
s)
Title: Mayor
Date: 2/5/2024
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