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Home My WebLink About14021RESOLUTION NO. 14021 A RESOLUTION APPROVING AMENDMENT NO. 3 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. 3 between the City of Pueblo, a Municipal Corporation, and American Traffic Solutions, Inc., doing business as Verra Mobility, a corporation duly registered under the laws of the State of Kansas (the “Amendment”), 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. The President of the City Council is authorized to execute and deliver the 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. SECTION 3. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and attached Amendment to effectuate the policies and procedures described therein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED August 13, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: August 13, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Jeff Bailey, P.E., Acting Director of Public Works Troy Davenport, Chief of Police SUBJECT: A RESOLUTION APPROVING AMENDMENT NO. 3 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 SUMMARY: Attached is an amendment to the current agreement between the City of Pueblo and American Traffic Solutions, Inc. PREVIOUS COUNCIL ACTION: Amendment No. 1 and No. 2 approved. BACKGROUND: In May of 2008, the City of Pueblo and American Traffic Solutions entered into a Professional Services Agreement wherein the Parties set forth their agreement concerning the provision of equipment and services for a traffic signal camera system. Amendment No. 3 addresses changes to the Fee Schedule, Flexible Payment Plan, and the use of Enhanced Video Service. Section 11 of the Agreement requires any amendments, modifications or alteration of the Agreement to be in writing and duly executed by the parties. FINANCIAL IMPLICATIONS: For Camera Systems currently installed as of the Effective Date of this Third Amendment: Monthly fee per approach up to 1-4 lanes: $4,500 th Additional 5 lane per month: $200 For Camera Systems installed after the Effective Date of this Third Amendment: Monthly fee per approach up to 1-4 lanes: $5,100 th Additional 5 lane per month: $200 All other fees in Appendix B, Fee Schedule, remain the same. BOARD/COMMISSION RECOMMENDATION: N/A STAKEHOLDER PROCESS: None ALTERNATIVES: Denying the Resolution will reject Amendment No. 3 to the Agreement and may jeopardize the continuation of the Red Light Camera program. RECOMMENDATION : Approval of the Resolution. Attachments: Amendment No. 3 to Agreement AMENDMENT NO. 3 TO AGREEMENT This Amendment No. 3 (the "Third Amendment") to the Agreement by and between the City of Pueblo, Colorado, a Municipal Corporation, ("City")and American Traffic Solutions, Inc., doing business as Verra Mobility,a corporation duly registered under the laws of the State of Kansas with its principal place of business at 1150 N.Alma School Road, Mesa,AZ 85201 ("Contractor")is made and entered into this !3 "day of A U.G u$T ,2018(the "Effective Date") by and between the City and Contractor. City and Contractor may each be referred to herein as a "Party" or collectively as the"Parties". WHEREAS, City and Contractor entered into a Professional Services Agreement dated May 27, 2008 ("Agreement"),wherein the Parties set forth their agreement concerning the provision of equipment and services for a traffic signal camera system ("Camera System"); and WHEREAS,on April 21,2010 the City and Contractor amended the Agreement(the"First Amendment");and WHEREAS, on April 22,2013 the City and Contractor amended the Agreement(the"Second Amendment"); and WHEREAS, Section 11 of the Agreement requires any amendments, modifications, or alteration of the Agreement to be in writing and duly executed by the parties; and WHEREAS,the City and Contractor mutually desire to amend, modify or alter certain terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual terms and conditions set forth herein, the parties agree as follows: 1. Fees. The monthly fee per approach in the FEE SCHEDULE in Appendix B of the Agreement is hereby modified as follows: For Camera Systems currently installed as of the Effective Date of this Third Amendment: Monthly fee per approach up to 1-4 lanes: $4,500 Additional 5th lane per month: $200 For Camera Systems installed after the Effective Date of this Third Amendment: Monthly fee per approach up to 1-4 lanes: $5,100 Additional 5th lane per month: $200 All other fees in Appendix B, FEE SCHEDULE, remain the same. 2. Flexible Payment Plan. Notwithstanding anything in Subsection 4(f) of the Agreement to the contrary, Contractor agrees to waive any accrued balance existing as of the Effective Date of this Third Amendment and the Flexible Payment Plan shall apply beginning on the Effective Date of this Third Amendment with an accrued balance of zero dollars.Contractor's obligation to waive its right to recovery of any outstanding balance due Contractor at the end of the term of the Agreement as provided under Subsection 4(f)shall continue in effect without limitation by this Third Amendment. 3. Section 2 of the Agreement is amended by the addition of a new subsection (I) to read as follows (I) Enhanced Video Service. For all approaches where a Camera System is installed, Contractor agrees to provide ATS LiveTM, which allows the City to perform remote video retrieval and have access to live video streaming from the Camera System location. City agrees ATS Liven'("Enhanced Video Service") shall be subject to the following: (i) Historical video is stored at the Camera site for a time period of 30 days. (ii) Requested video files pursuant to the Enhanced Video Service will be available for City download within 1 business day of request and will be available for retrieval for 30 days. (iii) City acknowledges that once it obtains a requested video file, it is responsible for any preservation, and associated storage requirements that may be required by law for said video file. City agrees that since the requested video file is not required by Contractor to continue to perform the service outlined in this Agreement, the video file and any resulting public records shall be transferred to City prior to the termination of the Agreement and City shall serve as the records custodian for any said public records created. City agrees to assume responsibility to respond to, and if appropriate defend, at its sole expense, any requests for data or information obtained through the Enhanced Video Service,whether by formal public records request or otherwise. Contractorshall not be responsible for any storage, storage costs or public records requests pertaining to the historical video. For purposes of this Subsection 2(1), it is acknowledged that a requested video file is separate and in addition to recorded information and other background information Contractoris obligated to provide under Subsection 2(c), andContractor's obligations with respect to such information shall continue in effect without limitation by this Third Amendment. (iv) Video file requests from historical video are limited to 30 minutes. If additional footage is required, additional requests may be made by City. (v) To avoid unintended data usage charges,streaming video is limited to 10-minute sessions.After 10 minutes, users will be prompted to reconnect. (vi) City understands they are solely responsible for the proper use of video gathered through any video enhancement. 4. Conflict: Except as expressly amended or modified by the terms of this Third Amendment, all terms of the Agreement as amended by the First and Second Amendments shall remain in full force and effect. In the event of a conflict between the terms of this Third Amendment and the Agreement as amended by the First and Second Amendments, the terms of this Third Amendment shall prevail and control. 5. Entire Agreement: The provisions of the Agreement, as amended by the First, Second and Third Amendment and the recitals, comprise all of the terms, conditions, agreements, and representations of the Parties with respect to the subject matter herein. 6. Counterparts: This Third 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. 7. Representations: Each Party represents and warrants that the representative signing this Third Amendment on its behalf has all right and authority to bind and commit that Party to the terms and conditions of this Third Amendment. IN WITNESS WHEREOF, City and Contractor have executed this Third Amendment as of the date first above written. CITY OF PUEBLO, A MUNICIPAL CORPORATION ATTEST: B al*v(4) By 4 !,�,li tic_4h00) City Clerk President of the City Council BALANCE OF APPROPRIATION EXISTS FOR THIS APPROVED AS TO FORM CONTRACT AND FUNDS ARE AVAILABLE: By .��'%.t)'[ •L. By (u" , City Attorney Director of Finance AMERICAN TRAFFIC SOLUTIONS, INC. By Name: LIZ CA1r04.CC,IC�O Title: EVP, Gtv eyrnark Sak 4 im % —3—