HomeMy WebLinkAboutItem #11 Amendment No. 3 to City of Ocoee Services Two Phase Agreement with American Traffic Solutions, LLC Pertaining to Red Light Running Camera Enforcement System14 kk\ � 4—W 0 for
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AGENDA ITEM COVER SHEET
Meeting Date: July 16, 2013
Item #
Reviewed By:
Contact Name: Scott A. Cookson,
City Attorney
Contact Number: 407 - 5 -9715
Department Director:
City Manager:
Subject: Amendment No. 3 to City of Ocoee Services Two Phase Agreement with American
Traffic Solutions, LLC pertaining to Red Light Running Camera Enforcement System
Background Summary:
During the recent session, the Florida Legislature passed and the Governor signed into law
CS /CS/1 now known as Chapter 2013 -160 Laws of Florida amending certain provisions of
the Mark Wandall Traffic Safety Act. The City Commission recently amended the City Code of
Ordinances to comply with the new statutory provisions.
In addition, the Agreement with the City's traffic light camera vendor, American Traffic Solutions,
LLC ( "ATS "), must be amended to comply with the new statutory provisions requiring the City to
provide a hearing officer, clerk and facility for Notice of Violation hearings and to provide for
subsequent notices to be sent to violators.
Issue:
Whether the City Commission should amend the ATS Agreement.
Recommendations:
Yes, the City Commission should amend the ATS Agreement to comply with the recent changes to
the Mark Wandall Traffic Safety Act.
Attachments:
Amendment No. 3 to City of Ocoee Services Two Phase Agreement with American Traffic
Solutions, LLC pertaining to Red Light Running Camera Enforcement System
Financial Impact:
No more than $1,000 per month for subsequent notice mailings.
Type of Item:
El
X
Public Hearing
Ordinance First Reading
Ordinance First Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Dept Use
❑ Consent Agenda
❑ Public Hearing
❑ Regular Agenda
X Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney X N/A
Reviewed by Finance Dept. _ ❑ N/A
Reviewed by ( ) ❑ N/A
MEMORANDUM
CLIENT - MATTER NUMBER
06286 -0044
TO: The Honorable Mayor and City Commissioners
FROM: Scott A. Cookson, City Attorney
DATE: July 9, 2013
RE: Traffic Light Safety
Staff Report
ISSUE
Whether the City Commission should amend the ATS Agreement.
BACKGROUND /DISCUSSION
During the recent session, the Florida Legislature passed and the Governor signed into law
CS /CS/HB7125, now known as Chapter 2013 -160 Laws of Florida, amending certain provisions of
the Mark Wandall Traffic Light Safety Act. The City Commission recently amended the City Code of
Ordinances to comply with the new statutory provisions. In addition, the Agreement with the City's
traffic light camera vendor, American Traffic Solutions, LLC, must also be amended to comply with
the new statutory provisions.
The proposed amendment incorporates the requirement that the City to provide a hearing officer,
clerk and hearing facilities to schedule and hear disputes Notices of Violations for traffic light
violations. In addition, the City authorizes subsequent notices to be provided to violators by ATS via
first class mail for a fee of Two Dollars ($2.00) per piece of mail.
AMENDMENT NO.3 TO CITY OF OCOEE SERVICES TWO PHASE AGREEMENT WITH
AMERICAN TRAFFIC SOLUTIONS LLC PERTAINING TO RED LIGHT RUNNING CAMERA
ENFORCEMENT SYSTEM
THIS THIRD AMENDMENT to the CITY OF OCOEE SERVICES TWO PHASE AGREEMENT WITH
AMERICAN TRAFFIC SOLUTIONS, LLC PERTAINING TO RED LIGHT RUNNING CAMERA ENFORCEMENT
SYSTEM (this "Third Amendment ") is made and entered into by and between the City of Ocoee, Florida, a Florida
municipal corporation ( "City ") and American Traffic Solutions, LLC., a Delaware limited liability company, ( "ATS" or
"Contractor ").
RECITALS
WHEREAS, City and ATS entered into that certain City of Ocoee Services Two Phase Agreement with
American Traffic Solutions, LLC pertaining to Red Light Running Camera Enforcement System dated December 2, 2008,
as amended by Amendment No. 1 dated July 23, 2010 and as amended by Amendment No. 2 dated November 15, 2011
(the "Agreement "); and
WHEREAS, the Florida Legislature passed and the Governor of the State of Florida signed into law
CS /CS/HB7125, now known as Chapter 2013 -160 Laws of Florida, authorizing local hearings for notices of violations
and amending notice requirements connected with the use of red light cameras as traffic infraction detectors to
enforce the provisions of Chapter 316, the State of Florida Uniform Traffic Code and taking effect on July 1, 2013; and
WHEREAS, City 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 Chapter 2013 -160 Laws of Florida.
NOW THEREFORE, City and ATS hereby agree as set forth below:
Recitals The foregoing recitals are true and correct and are incorporated herein by reference.
Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement.
2. Exhibit A Violation Processing Exhibit A of the Agreement is hereby amended to add the
following to the paragraph titled "Violation Processing ":
"City 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."
3. Exhibit A Operations and Public Awareness Exhibit A of the Agreement is hereby amended to
add the following to the paragraph titled "Operations and Public Awareness ":
"Subsequent notices, other than the one notice letter (Notice of Violation),
may be delivered by First Class mail for additional compensation as set forth
in Exhibit B."
4. Exhibit B. Exhibit B of the Agreement is hereby amended to add the following:
"Subsequent notices mailings fee: $2.00 per piece."
5. Continuing Force and Effect Except as specifically hereby amended, the Agreement shall remain
in full force and effect. In the event of any conflict between the terms of the Agreement and the
terms of this Amendment, the terms of this Amendment shall govern.
6. Counterparts 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.
7. Effective Date This Amendment shall first be executed by ATS and submitted to the City for
approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this
Amendment shall be executed by the City. The effective date (the "Effective Date ") of this
Agreement shall be the date of execution by the City.
WITNESS our hand and seal this day of
AMERICAN TRAFFIC SOLUTIONS, INC.
Signature:
Print Name:
Title
20
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY this day of
.20
Shuffield Lowman & Wilson P.A.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON
UNDER AGENDA ITEM NO.
By:
City Attorney