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Home My WebLink AboutItem #02 Approval of Fourth Amendment to Agreement with American Traffic Solutions, LLC, Pertaining to the Red Light Running Camera Enforcement Systemocoee Florida AGENDA ITEM COVER SHEET Meeting Date: November 1, 2016 Item # 02 Reviewed By: Contact Name: (4eutenant William Wagner Department Director: Chief Contact Number: (407) 905-3100 x3319 City Manager: Robert Fr Subject: Approval of fourth amendment to Agreement with American Traffic Solutions, LLC, pertaining to the red light running camera enforcement system. Background Summary: The City desires to ensure the safety of all citizens that travel the roadways within City limits. The disregard of traffic control signals within intersections poses a threat to all citizens. The current contract with the City's red light camera system contractor, American Traffic Solutions, LLC (ATS), will expire on December 2, 2016. The City and ATS would like to extend this contract for an additional term of one (1) year under the same terms and conditions. Accordingly, following execution of this fourth amendment to the ATS Agreement, the term of the Agreement with ATS will expire and terminate on December 2, 2017. Additionally, in connection with the Highway 50 improvements, three cameras are no longer operational. Pursuant to an informal agreement with ATS, these three cameras were removed by ATS and no monthly fee has been paid by the City to ATS since June 17, 2015. This fourth amendment also formalizes and establishes cameras that are currently operational in the City and identifies those cameras for which the City pays the monthly fee. Issue Should the Honorable Mayor and City Commissioners approve the fourth amendment to the Agreement with ATS pertaining to red light running camera enforcement system ATS agreement thus extending the agreement for one (1) year and updating the listing of cameras that are currently operational in the City? Recommendations: Staff respectfully recommends that the Honorable Mayor and City Commissioners approve the fourth amendment to the Agreement with ATS pertaining to red light running camera enforcement system, thus extending the agreement for one (1) year and updating the listing of cameras that are currently operational in the City. Attachments: Fourth Amendment to Agreement with American Traffic Solutions, LLC, pertaining to red light running camera enforcement system Financial Impact: N/A Type of Item: (please mark with an `Y) Public Hearing For Cleric's Dept. Use: Ordinance First Reading x Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A FOURTH AMENDMENT TO CITY OF OCOEE SERVICES TWO PHASE AGREEMENT WITH AMERICAN TRAFFIC SOLUSIONS, LLC, PERTAINING TO RED LIGHT RUNNING CAMERA ENFORCEMENT SYSTEM This Fourth Amendment ("Fourth Amendment") is dated effective this day of , 2016 and is entered into between American Traffic Solutions, LLC. ("ATS"), a corporation duly registered under the laws of the State of Kansas with its principal place of business at 1150 N. Alma School Road, Mesa, Arizona 85201 and the City of Ocoee ("City"), a municipal corporation of the State of Florida. RECITALS WHEREAS, on January 1, 2009, the City and ATS entered into a Professional Services Agreement for the City's use of the AxsisTm System to enforce traffic violations (the "Agreement"); and WHEREAS, on July 23, 2010, the City and ATS amended the Agreement (the "First Amendment"); and WHEREAS, on November 15, 2011, the City and ATS amended the Agreement (the "Second Amendment"); and WHEREAS, on July 14, 2013, the City and ATS amended the Agreement (the "Third Amendment"); and WHEREAS, section 3(b) of the Agreement requires any amendments, modifications, or alterations of the Agreement to be in writing and duly executed by the parties; and WHEREAS, the City and ATS mutually desire to amend, modify or alter certain terms and conditions of the Agreement. TERMS AND CONDITIONS NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Fourth Amendment, the City and ATS do hereby agree as set forth below: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Term. Section 3 of Amendment No. 2 is hereby amended as follows: The term of this Agreement is hereby extended for one (1) year, to expire on December 2 2017. 3. Public Records. The Agreement shall be modified to include the following provision: "a. Public Records: As required by Section 119.0701, Florida Statutes, ATS hereby specifically agrees to comply with the public records laws of the State of Florida. ATS specifically agrees to: i. Keep and maintain public records that ordinarily and necessarily would be required by City in order to perform the project scope of services. Upon request from City's custodian of public records, provide City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if ATS does not transfer the records to City. iv. Upon completion of the Agreement, transfer, at no cost, to City all public records in possession of ATS or keep and maintain public records required by City to perform the project scope of services. If ATS transfers all public records to City upon completion of the Agreement, ATS shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If ATS keeps and maintains public records upon completion of the Agreement, ATS shall meet all applicable requirements for maintaining public records. All records stored electronically must be provided to City upon request from City's custodian of public records in a format that is compatible with the information technology systems of City. V. In the event ATS fails to comply with a public records request, City shall be authorized to enforce this contractual provision. vi. IF ATS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ATS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100 EXTENSION 1022, email: CCDL(cD-ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 N. LAKESHORE DR., OCOEE, FLORIDA 34761 4. The parties acknowledge that the City has previously selected the Flat Fee per camera per month under "Option 1" of Section 1.0 of Exhibit B to the First Amendment, as amended. The parties further agree that, effective June 17, 2015, payment by the City of the fees described in said Exhibit B is applicable only to the cameras depicted on the red light camera and intersection information table attached as Exhibit B-1 attached hereto. Any modification to Exhibit B-1 must be agreed to in writing by the parties. 5. Except as expressly amended or modified by the terms of this Fourth Amendment, all terms of the Agreement as amended by the First Amendment, Second Amendment, and Third Amendment shall remain in full force and effect. In the event of a conflict between the terms of this Fourth Amendment and the Agreement or the First, Second, or Third Amendments, the terms of this Fourth Amendment shall prevail and control. 6. The provisions of the Agreement, as amended by the First, Second, Third, and Fourth Amendments, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. 7. This Fourth 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. 8. Each party represents and warrants that the representative signing this Fourth Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Fourth Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment. AMERICAN TRAFFIC SOLUTIONS Elizabeth Caracciolo Date SVP/GM State & Local Government Solutions ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of ,20 By: City Attorney CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM NO. EXHIBIT B-1 Red light Camera & Intersection Information Table Jurisdiction: City of Ocoee Camera In orm°atiorr = Intersection Location Information Camera # pates o .Operation Streets` Making up Intersection GPS Coordinates Turn on Date Turn off Date Street Cross Street Latitude. Longitude ... OE01 7/8/2009 6/17/2015 Maguire Road -SR 439 Colonial Drive- SR50 25.551588 -81.542105 OE02 7/8/2009 6/17/2015 Maguire Road -SR 439 Colonial Drive- SR50 25.551588 -81.542105 OE03 1/7/2010 6/17/2015 Blackwood Ave Colonial Drive-SR50 28.551722 -81.529713 OE04 12/21/2009 Present Clarke Road A.D. Mims Road 25.58721 -81.513856 OE05 12/22/2009 Present Clarke Road White Road 28.562732 -81.517379 OE10 8/4/2013 Present E. Silver Star Road SR 438 Clarke Road ✓ 28.573743 -81.517314 OE12 8/4/2013 present E. Silver Star Road SR 438 Clarke Road ✓ 28.573743 -81.517314 OE13 12/30/2013 Present Ocoee Apopka Road - SR 437 Silver Star Road-SR438 28.573565 81.550705 OE14 12/30/2013 Present E. Silver Star Road SR 438 Clarke Road 28.573743 -81.517314 OE15 12/31/2013 Present E. Silver Star Road SR 438 Clarke Road 28.573767 -81.517022