HomeMy WebLinkAboutItem #06 Approval of Extension of the Agreement with American Traffic Solutions, LLC Pertaining to the Red Light Running Camera Enforcement SystemAGENDA ITEM COVER SHEET
Meeting Date: August 19, 2014
Item #
Contact Name:
Contact Number
Reviewed By:
Lieutenant Brad Dreashe Department Director: Chief C
407 - 905 -3160 ext. 3028 City Manager:
Robert Franl
Subject: APPROVAL OF EXTENSION OF THE AGREEMENT WITH AM9RICAN TRAFFIC
SOLUTIONS. LLC PERTAINING TO THE RED LIGHT CAMERA ENFORCE SYSTEM
Background Summary:
The City of Ocoee desires to ensure the safety of the citizens that travel the roadways within the city limits. The
disregard of traffic control signals within intersections poses a threat to all citizens who travel our roadways. The
current contract with American Traffic Solutions (ATS) expires December 02, 2014, The City has an option, in
its sole discretion, to further extend the term of this contract for an additional two (2) years. Accordingly,
following execution of this Amendment the term of the Agreement shall expire and terminate on December 02,
2016.
Issue:
Should the Honorable Mayor and Board of City Commissioners approve this Amendment of the two (2) year
extension of the Agreement with ATS?
Recommendations
It is recommended that the Honorable Mayor and Board of City Commissioners approve the Agreement with
ATS?
Attachments:
Contract reviewed by Shuffield & Lowman
Financial Impact:
The City of Ocoee has previously selected a Flat Fee per camera per month under "Option 1.0 of Exhibit B to
the first Amendment Option 1 provides for certain adjustments based on ATS's actual cost of service.
Notwithstanding any provision contained in the Agreement to the contrary, ATS agrees that any adjustment
based on ATS's actual cost of service as provided in "Option 1" shall not become effective until after ATS has
provided the City with one hundred eighty (180) days prior written notice of such adjustments.
t 4-�f
Ocoee
Mayor
S. Scott Vandergrift
City Manager
Robert Frank
fIorida
Type of Item (please mark with an z')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Robin Drage
Reviewed by Finance Dept.
Reviewed by Q
Commissioners
John Grogan, District 1
Rosemary Wilsen, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
City of Ocoee • 150 North Lakeshore Drive • Ocoee, Florida 34761
phone: (407) 905 -3100 • fax: (407) 905 -3167 • www.ocoee.org
Ike %/�
Ocoee
florida
August 18, 2014
American Traffic Solutions
7681 E. Gray Road
Scottsdale, Arizona 85260
Mayor
S. Scott Vandergrift
Commissioners
John Grogan
District 1
Rosemary Wilsen
District 2
Rusty Johnson
District 3
Joel F. Keller
District 4
City Manager
Robert D. Frank
Police Chief
Charles J. Brown
Re: City of Ocoee Services Two Phase Agreement with American Traffic Solutions, LLC
Pertaining to Red Light Camera Enforcement System
Dear Sir or Madam:
Pursuant to Section 3 of Amendment No. 2 of the above - referenced Agreement, the City of
Ocoee, in its sole discretion, has the option to extend the term of the Agreement for two
additional years. Please be advised that the Ocoee City Commission has authorized the two
year extension. Therefore, the Agreement shall terminate on December 2, 2016.
Regards,
S. Scott Vandergrift
Mayor of Ocoee
Cc: Charles Brown, Police Chief
Rob Frank, City Manager
Scott Cookson, City Attorney
City of Ocoee Police Department • 646 Ocoee Commerce Parkway • Ocoee, Florida 34761
Phone: (407) 905 -3160 • Fax: (407) 905 -3164 • www.ocoee.org
AMENDMENT NO.2 TO CITY OF OCOEE SERVICES TWO PHASE AGREEMENT
WITH AMERICAN TRAFFIC SOLUTIONS LLC PERTAINING TO RED LIGHT
RUNNING CAMERA ENFORCEMENT SYSTEM
THIS SECOND AMENDMENT TO CITY OF OCOEE SERVICES TWO PHASE
AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, LLC PERTAINING TO RED
LIGHT RUNNING CAMERA ENFORCEMENT SYSTEM (this "Amendment ") is made and
entered as of the 1ST day of /W u , 6 rba 2011 by and between the CITY OF OCOEE, a
Florida municipal corporation (hereinafter referred to as the "City ") and AMERICAN
TRAFFIC SOLUTIONS, LLC, a Delaware limited liability company (hereinafter referred to as
the "ATS" or "Contractor ").
PREMISES
WHEREAS, the City and Contractor have entered into that certain City of Ocoee
Services Two Phase Agreement with ATS Pertaining to Red Light Running Camera Enforcement
System dated December 2, 2008, as amended by First Amendment thereto dated July 23, 2010
(the "Agreement "); and
WHEREAS, the term of the Agreement is scheduled to expire on December 2, 2011; and
WHEREAS, Section 11(d) of the Agreement provides that the Agreement may be
renewed by the parties for a maximum total of an additional five (5) years; and
WHEREAS, the City and Contractor desire to extend the term of the Agreement and to
make other changes to the Agreement as set forth herein.
WITNESSETH
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, City and Contractor hereby agree as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
2. All capitalized terms used herein shall be as defined in the Agreement unless
otherwise indicated or defined in this Amendment.
3. The term of the Agreement is hereby extended for an additional three (3) years,
(an ith the option of the City, in its sole discretion, to further extend the term of the Agreement for
additional two (2) years. Accordingly, following execution of this Amendment the term of the
greement shall expire and terminate on December 2, 2014, subject to a further extension as
erein provided.
4. Section 24(A) of the Agreement is hereby amended to ready as follows:
(Revised 1/2612010)
4823 - 3176 - 6029.1
"(a) Notwithstanding any other provision of this Agreement, the City shall have
the right at any time to terminate this Agreement in its entirety without cause; provided
that ninety (90) calendar days prior written notice is given to the Contractor of the City's
intent to terminate."
5. The parties acknowledge that the City has previously selected the Flat Fee per
camera per month under "Option 1" under Section 1.0 of Exhibit B to the First Amendment.
Option 1 provides for certain adjustments based on ATS's actual cost of service.
Notwithstanding any provision contained in the Agreement to the contrary, ATS agrees that any
adjustment based on ATS's actual cost of service as provided in Option 1 shall not become
effective until after ATS has provided the City with one hundred eighty (180) days prior written
notice of the such adjustment.
6. Except as amended hereby, the Agreement remains unchanged and in full force
and effect, and each of the parties hereto hereby ratifies and confirms the terms and conditions of
the Agreement. All references herein to the Agreement shall refer to the Agreement as amended
by this Amendment unless the text or context indicates otherwise. In the event of any conflict
between the Agreement and this Amendment it is agreed that this Amendment shall control.
7. This Amendment may be executed in any number of counterparts, each of which
shall be deemed to be an original instrument, but all such counterparts shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the parties have set their hands and seal as of the day and
year first above written.
Signed, sealed and delivered
in the presence of:
For use and reliance only by the
City of Ocoee, Florida• pproved to form
and legality this day of
2011
2011
Foley Lardner
B l
Y•
City Attorney
CITY OF OCOEE
By: '
S. Scott Vandergrift, Mayor
Attes : —
e ikenberry, City Clerk
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
N u�eamb ►_ , aU 1 UNDER
AGENDA ITEM NO.
4823 - 3176- 602
-2-
CONTRACTOR
Signed, sealed and delivered
in the presence of:
AMERICAN TRAFFIC SOLUTIONS,
LLC, a Delaware limited liability company
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By: f�tiv�v� ,.tom
Name:
Title: Co C
(SEAL)
4823 - 3176 - 6029.1
-3-
EXHIBIT B ,
SERVICE FEE SCHEDULE
1.0 Description of Pricing Fee
Fees are based on per Camera and are as follows: .
Option 1 : Flat Fee per Camera per Month. In addition to the fee, Customer $4,750
shall pay (1) a surcharge of $4 per piece of certified mail (no return receipt) for
mailing Uniform Traffic Citations and (2) a surcharge of $1.65 per returned,
uncashed check mailed by ATS to a person receiving a Notice of Violation,
subject to adjustment based on ATS's actual costs of such service.
Option 2 : Lane based pricing. In addition, Customer shall pay (1) a
surcharge of $4.00 per piece of certified mail (no return receipt) for mailing
Uniform Traffic Citations and (2) a surcharge of $1.65 per returned, uncashed $3,750
check mailed by ATS to a person receiving a Notice of Violation, subject to $4,750
adjustment based on ATS's actual cost of such service $5,750
• For 1 or 2 lanes
• For 3 or 4 lanes
• For 5 or 6 lanes
Option 3 : Base Fee Per Camera Per Month, plus flat fee per service unit for
$2,750
individual work elements.
• For violation data transmission, first review, second quality review
service, supervisory review, Traffic Infraction Enforcement Officer
(TIEO) access and review portal
$6.50
• Data acquisition fee per registered owner match
$3.50
• Mail printing, processing, and handling service includes Notice of
Violation (NOV) by first class mail and UTC by certified mail including
bad address processing and remailing.
$7.50
• Inbound call /customer service
$4.50
• Affidavit processing service
$4.50
• Payment processing service
$1.50
• Data archival service
$1.50
• Return of uncashed check to violator
$1.65
Service Fees Include Fee includes all costs required and associated with camera system
installation, maintenance and on -going field and back -office operations. Includes red -light
camera equipment for a 4 -lane approach (except for Option 2) with up to two (2) signal phases,
installation, maintenance, violation processing services, DMV records access, mailing of Notice
of Violation in color with return envelope, lockbox and epayment processing services, call
center support for general program questions and public awareness program support.
Note: Customer will notify ATS which Pricing Fee Option to utilize within 30 days of
Amendment being executed by both parties.
2.0 Flexible Payment Plan During the term of the contract, payments by the City may be made to
Contractor under a Flexible Payment Plan. Under the Flexible Payment Plan, the City may
defer certain payments to Contractor until the City has collected sufficient funds pursuant to the
terms of the contract. If, at the end of the term of the contract, sufficient funds have not been
collected by the City to pay the balance then due to Contractor, Contractor; agrees to waive its
right to recovery of any outstanding balance. For purposes of this clause, the term 'funds"
means the revenue retained by the City from the operation of the Red Light Camera System
according to the distribution methods applicable under this contract and applicable state law.
This Flexible Payment Plan will be applied as follows: Contractor will mainteon an accounting of
any net balances owed to Contractor. If the funds collected by the City during a billing period
exceed the amount of Contractor Invoices during the same period, the City shall pay Contractor
the total amount due. If the funds collected by the City during a billing period are less than the
Confidential
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Ocoee, FLATS Contract Amendment_2010.07.20 City of Ocoee, FL