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2013-74 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This First Amendment (this "Amendment") is dated effective this 2.4h day of MOUe,r,be(, 2013 and is entered into between American Traffic Solutions, Inc CATS"), a Kansas corporation and the City of Clermont ("Customer"), a municipal corporation of the State of Florida RECITALS WHEREAS, on December 19, 2012, Customer and ATS entered into a Professional Services Agreement (the "Agreement"), and WHEREAS,' the Florida Legislature passed and the Governor of the State of Florida signed into law CS/CS/HB7125, authorizing local hearings for notices of violations connected with the use of red light cameras as traffic infraction detectors to enforce Chapter 316, the State of Florida Uniform Traffic Code and taking effect on July 1, 2013, and WHEREAS, Customer and ATS mutually desire to amend certain terms and conditions of the Agreement to align the provision of services by ATS with the provisions and requirements of Law of Florida 2013- ILop TERMS AND CONDITIONS NOW THEREFORE, Customer and ATS hereby agree as set forth below 1 The convenience fee set forth in Section 1 1 11 of Exhibit B, is hereby amended as follows "ATS is authorized to charge, collect and retain a convenience fee of up to 5% for each electronic payment processed Such fees are paid by the violator" 2 Section 1 2 3 of Exhibit A is hereby deleted in its entirety and replaced as follows "Subsequent notices, other than those specified in section 1 2 2, may be delivered by First Class mail for additional compensation as set forth in Exhibit A" 3 Exhibit A is hereby amended to add the following "Subsequent notices mailings fee $2 00 per piece" 4 Section 2 4 2 of Exhibit B is hereby amended to add the following "Customer shall provide, either for itself or through an inter-local agreement with another jurisdiction, a local hearing officer, clerk, and hearing facilities to schedule and hear disputed Notices of Violation " 5 The provisions of the Agreement, as amended by this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement shall remain in full force and effect In the event of a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail and control 6 This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument Each party represents and warrants that the representative signing this Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment IN WITNESS WHEREOF, the parties hereto have executed this Amendment Cierr America affic Solutions, Inc. Vie" 4Ik By By -� Title rnautur Title .F.-vE44 L GO elf , C_ Date \t)\)e- rbe t212.013 Date t 1 f Z 1 1 13 1