The URL can be used to link to this page

Home My WebLink About12653RESOLUTION NO. 12653 A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF PUEBLO AND AMERICAN TRAFFIC SOLUTIONS, INC., FOR THE MAINTENANCE AND OPERATION OF THE RED LIGHT TRAFFIC SAFETY CAMERA PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Amendment No. 2 between the City of Pueblo, a Municipal Corporation, and American Traffic Solution, Inc., relating to the Traffic Safety Camera Program, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Amendment No. 2 is contingent upon the approval of a contract revision with the Colorado Department of Transportation allowing the photo enforcement system to be th installed at the intersections of Pueblo Blvd (SH45) and Northern Avenue and 4 Street (SH96) and Abriendo Avenue. SECTION 3. The President of the City Council is authorized to execute and deliver the Agreement Amendment in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest the same. INTRODUCED: April 22, 2013 BY: Sandy Daff Background Paper for Proposed RESOLUTION DATE: April 22, 2013 AGENDA ITEM # Q-1 DEPARTMENT: PUBLIC WORKS EARL WILKINSON, P.E. - DIRECTOR TITLE A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF PUEBLO AND AMERICAN TRAFFIC SOLUTIONS, INC., FOR THE MAINTENANCE AND OPERATION OF THE RED LIGHT TRAFFIC SAFETY CAMERA PROGRAM ISSUE Should the City amend the agreement with American Traffic Solutions, Inc. to add three additional intersections to monitor for red light violations? RECOMMENDATION Approval of Resolution. BACKGROUND The approval of the second amendment to the American Traffic Solutions, Inc. (ATS) contract will allow the City to expand the number of intersections to monitor for red light violations. The program currently monitors the intersections of US Hwy 50 By-Pass and Norwood Avenue and Thatcher Avenue and Prairie Avenue. This amendment would add the intersections of Pueblo th Blvd and Northern Avenue, 4 Street and Abriendo Avenue, and Northern Avenue and Prairie Avenue. The installation of the photo enforcement systems at State Highway locations; Pueblo Blvd th (SH45) and Northern Avenue and 4 Street (SH96) and Abriendo are contingent upon a contract revision with the Colorado Department of Transportation. The negotiation for the installation of the photo enforcement systems at these two locations is on-going. Approving this contract amendment will allow ATS to move forward with the installation of the system at Northern Avenue and Prairie Avenue. FINANCIAL IMPACT The existing contract with American Traffic Solutions, Inc. currently uses a “flexible payment plan or cost-neutral” in which the City only pays the rental fee for the amount of funds collected, not to exceed the standard rental fee as established in the original agreement. SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Second Amendment ( "Second Amendment ") is dated effective this 22nd day of April , 2013 ( "Effective Date ") and is entered into between American Traffic Solutions, Inc. ( "ATS "), a corporation duly registered under the laws of the State of Kansas with its principal place of business at 1330 West Southern Avenue, Tempe, Arizona 85282 and the City of Pueblo ( "City "), a municipal corporation of the State of Colorado. RECITALS WHEREAS, on May 27, 2008, the City and ATS entered into a Professional Services Agreement for the City's use of the Axsis System to enforce traffic violations (the "Agreement "); WHEREAS, on April 21, 2010, the City and ATS amended the Agreement (the "First Amendment "); WHEREAS, section 11 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 Second Amendment, the City and ATS do hereby agree as set forth below: 1. The above recitals are true and correct and are incorporated herein. 2. Section 6 is hereby deleted in its entirety and replaced with the following: The Agreement is hereby renewed for a term ending on December 31, 2017. Thereafter the term will automatically renew for subsequent one (1) year terms ( "Subsequent Renewal Terms "), unless either party provides written notice of its intent not to extend the Agreement ninety (90) days prior to the expiration of the then - current term. This Agreement is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall constitute, nor deemed to constitute, the creation of a debt or multi -year fiscal obligation or an obligation of future appropriations by the City Council of Pueblo, contrary to Article X, § 20 Colorado Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this Agreement, with respect to any financial obligation of the City which may arise under this Agreement in any fiscal year after 2013, in the event the budget or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge such obligation, such failure shall not constitute a default or breach of this Agreement, including any sub - agreement, attachment, schedule, or exhibit thereto, by the City. 1 of 3. Section 7 is hereby amended by adding the following new subsection (d): (d) The City may terminate the Agreement because of a change in state legislation that renders the use of red light safety cameras unlawful, unless this Agreement is grandfathered under such legislation. City acknowledges that, in the event of such a legislative change, ATS may pursue legal action seeking to overturn any such state legislation that rendered the use of red light safety cameras unlawful. The City shall have no obligation to pay ATS a fee for any period when it is unlawful to issue Citations, unless a Court places a stay of implementation on the legal action or new law. The term of the Agreement shall be suspended during any period in which the City is not obligated to pay ATS and such time period shall be added to the term of the Agreement once it again becomes lawful for the City to issue Citations. 4. Execution of this Second Amendment shall serve as written Notice to Proceed by City for the installation of Camera Systems for the following intersection Approaches: D re `. t, l j a. ?� :rx rStreet n? , 4, f, . $ s ,' . -,. Cross Street; ne 1V-a EB Lincoln St/W 4th St/Hwy 96 W Abriendo Ave WB Lincoln SUW 4th SUHwy 96 W Abriendo Ave WB W Northern Ave /Hwy 78 S Prairie Ave SB S Pueblo Blvd /Hwy 45 W Northern Ave /Hwy 78 City may issue a written Notice to Proceed for the installation of Camera Systems at additional intersection Approaches as mutually agreed upon with ATS without need for an amendment to this Agreement. 5. Except as expressly amended or modified by the terms of this Second Amendment, all terms of the Agreement as amended by the First Amendment shall remain in full force and effect. In the event of a conflict between the terms of this Second Amendment and the Agreement or the First Amendment, the terms of this Second Amendment shall prevail and control. 6. The provisions of the Agreement, as amended by the First and Second 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 Second 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. 2 of 3 8. Each party represents and warrants that the representative signing this Second Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Second Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment. CITY OF PUEBLO, COLORADO, A MUNICIPAL CORPORATION By: Presi e City Council Date ATTEST: By. �.� -� I/ -22- 3 City rk Date AMERICAN TRAFFIC SOLUTIONS, INC. By: AlvLI fivet,5/13/1..3 Michael Bolton, Date Chief Operating Officer APPROVED AS TO FORM By: >a-1 L. I o ✓a- '1 — City Attorney 7 Date 3 of 3 RESOLUTION NO. 12653 A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF PUEBLO AND AMERICAN TRAFFIC SOLUTIONS, INC., FOR THE MAINTENANCE AND OPERATION OF THE RED LIGHT TRAFFIC SAFETY CAMERA PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Amendment No. 2 between the City of Pueblo, a Municipal Corporation, and American Traffic Solution, Inc., relating to the Traffic Safety Camera Program, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Amendment No. 2 is contingent upon the approval of a contract revision with the Colorado Department of Transportation allowing the photo enforcement system to be installed at the intersections of Pueblo Blvd (SH45) and Northern Avenue and 4 Street (SH96) and Abriendo Avenue. SECTION 3. The President of the City Council is authorized to execute and deliver the Agreement Amendment in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest the same. INTRODUCED: April 22, 2013 BY: Sandy Daff _ RS ' APPROVED. I OF CITY CO NCIL ATTEST: City Clerk