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Home My WebLink AboutItem #11b. Amendment No.1 to agreement with ATS, LLC Pertaining to the Red Light Camera Enforcement System center of GoOd L . a..~~.~......"~ OCO.EE AGENDA ITEM COVER SHEET Meeting Date: June 16,2010 Item # -LJ h Contact Name: Contact Number: Chief Charles J. Brown 407 -905-3160 ext. 3022 Reviewed By: Department Director: Chief C City Manager: Robert Frank Subject: Amendment No. 1 to Agreement with American Traffic Solutions, LL the red light camera enforcement system. Background Summary: The City entered into an Agreement with ATS in December 2008. The Mark Wandall Traffic Safety Act prohibited a local government from including certain provisions in these types of agreements. The Amendment will bring the Agreement into conformity with the Act. Issue: Should the Honorable Mayor and Board of City Commissioners approve the City of Ocoee amending the contract with American Traffic Solutions and continue to enforce Red-Light violation according to the regulations of the Mark Wandall Traffic Safety Act? Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners approve the City of Ocoee amending the contract with American Traffic Solutions and continue to enforce Red-Light violation according to the regulations of the Mark Wandall Traffic Safety Act. Attachments: Mark Wandall Traffic Safety Act Amendment of contract with American Traffic Solutions, LLC Forthcoming Financial Impact: None Type of Item: (please mark with an "x'J _ Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution _ Commission Approval Discussion & Direction For Clerk's Deat Use: _____ Consent Agenda _____ Public Hearing _____ Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A City Manager Robert Frank Commissioners Gary Hood. District 1 Rosemary Wilsen. District 2 Rusty Johnson. District 3 Joel Keller. District 4 Mayor S. Scott Vandergrift STAFF REPORT FROM: The Honorable Mayor and City Commissioners Charles f;fj)wn, Chief of Police June 15,WO TO: DATE: RE: Resolution implementing the Mark Wandall Traffic Safety Act (the State "Red Light" Statute) and authorizing traffic infraction enforcement officers to issue traffic citation based upon the use of traffic infraction detectors. ISSUE Should the Honorable Mayor and Board of City Commissioners that the City of Ocoee continues the Ocoee Traffic Safety Program according to the Mark Wandall Traffic Safety Act and authorize the traffic infraction enforcement officers to issue traffic citations based upon the use of the traffic infraction detectors. BACKGROUNDIDISCUSSION The regulation of cameras for enforcing red light violations is expressly exempted to the state as of July 1, 2010. CS/CS/HB 325 establishes a uniform statewide framework for the use of traffic infraction detectors. This Resolution provides for the implementation of this program in the City of Ocoee. 1 : FOLEY -L-\evY\ \ l b _ ~u O? ~m.eX'--\- O-X\C\ a,~,d ~Or\ih cd- FOLEY & LARDNER LLP ATTORNEYS AT LAW AGENDA ITEM COVER SHEET Meeting Date: June 15, 2010 Item # 11.b Reviewed By: Contact Name: Contact Number: Paul E. Rosenthal, City Attorney 407 -423-7656 Department Director: Chief Charles J. Brown City Manager: Robert Frank Background Summary: In connection with the implementation of the red light camera program, the City has previously entered into an Agreement with American Traffic Solutions, LLC, dated December 2, 2008. Due to the adoption of Chapter 2010-80, Laws of Florida, it is necessary to amend the Agreement with A TS in order to conform to legislative requirements. These amendments need to be in place on July 1, 2010 when Chapter 2010-80 becomes effective. Attached hereto is a draft Amendment No. 1 provided by ATS. The City staff and ATS are still in the process of finalizing the Amendment in order to assure compliance with the new law. Further revisions are expected to the draft included with this staff report. Issue: Should the Honorable Mayor and City Commissioners approve the proposed Amendment No. 1 to the Agreement with American Traffic Solutions, LLC pertaining to the red light camera enforcement system, along with such further changes and revisions thereto as may be agreed to by the City Manager and City Attorney? Recommendations It is recommended that the Honorable Mayor and City Commissioners approve the proposed Amendment NO.1 to the Agreement with American Traffic Solutions, LLC pertaining to the red light camera enforcement system, along with such further changes and revisions thereto as may be agreed to by the City Manager and City Attorney and authorize execution thereof by the Mayor and City Clerk, with funding for the costs associated with the Amendment coming from penalties A_1564699.1 collected and retained by the City for violations under the Mark Wandall Traffic Safety Act. The City Manager, Finance Director and Chief of Police concur with this recommendation. Attachments: Draft of Amendment NO.1. Financial Impact: None expected: The City will incur out of pocket costs, including monthly payments to ATS. It is anticipated that these costs will be covered by penalties collected and retained by the City for violations under the Mark Wandall Traffic Safety Act. Type of Item: D Public Hearing D Ordinance First Reading D Ordinance First Reading D Resolution xxD Commission Approval D Discussion & Direction For Clerk's Deot Use: D Consent Agenda D Public Hearing xxD Regular Agenda o Original Document/Contract Attached for Execution by City Clerk xD Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by () Paul Rosenthal Wanda Horton Charles Brown D N/A D N/A D N/A A_1564699.1 .I+0v"l I ( b :FOLEY FOLEY & LARDNER LLP ATTORNEYS AT LAW MEMORANDUM CLIENT. MATTER NUMBER 020377,_ TO: The Honorable Mayor and City Commissioners FROM: Paul E. Rosenthal, Esq., City Attorney DATE: June 15,2010 RE: Amendment No. 1 to Agreement with American Traffic Solutions, LLC pertaining to the red light camera enforcement system Staff Report ISSUE Should the Honorable Mayor and City Commissioners approve the proposed Amendment No. 1 to the Agreement with American Traffic Solutions, LLC pertaining to the red light camera enforcement system, along with such further changes and revisions thereto as may be agreed to by the City Manager and City Attorney? BACKGROUNDIDISCUSSION In connection with the implementation of the red light camera program, the City has previously entered into an Agreement with American Traffic Solutions, LLC, dated December 2, 2008. Due to the adoption of Chapter 2010-80, Laws of Florida, it is necessary to amend the Agreement with A TS in order to conform to legislative requirements. The existing Agreement with A TS will remain in place with respect to red light infractions in violation ofOcoee's Traffic Light Safety Article which occur prior to June 30, 2010. The proposed Amendment will be applicable to violations of the Mark Wandall Traffic Safety Act which occur after June 30, 2010. Currently, the City pays A TS $40 per citation collected by the City for red light infractions, with the City retaining the balance of the fines. Their payment is based on the number of citations issued and collected. Under the Mark Wandall Traffic Safety Act, A TS is prohibited from receiving a commission or per-ticket fee from any revenue collection from violations through the use of a traffic infraction detector. As a result, the City will pay A TS on a monthly basis based on a flat fee per camera per month. Staff intends to select "Option 1" which call for a flat fee of $4,750 per camera per month, plus certified mailing costs. A_1564699.1 Other changes to the A TS Agreement are more administrative in nature in order to bring the Agreement into conformity with the requirements of the A TS. These changes are still being worked out between the City staff and ATS. A_1564699.1 ~. =:;