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HomeMy WebLinkAboutPD13-091 - Amendment - #3 - American Traffic Solutions, Inc. (ATS) - Additional Red Light Cameras - 11/15/2022Ap p r o v a l Originator:Department: Date Sent:Date Required: Mayor or Designee Date of Council Approval: Grant? Yes No Type: Re v i e w / S i g n a t u r e s / Ro u t i n g Date Received: City Attorney: Comments: Date Routed: Mayor’s Office City Clerk’s Office Ag r e e m e n t I n f o r m a t i o n Vendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Local Business? Yes No* Business License Verification: If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Yes In-Process Exempt (KCC 5.01.045) Notice required prior to disclosure? Yes No Contract Number: This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY Agreement Routing Form For Approvals, Signatures and Records Management (Optional) Basis for Selection of Contractor: * Memo to Mayor must be attached Termination Date: Authorized to Sign: 1 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Third Amendment ("Third Amendment") is dated and effective as of the last date signed below (the “Effective Date”), and is entered into between American Traffic Solutions, Inc., doing business as Verra Mobility (“Verra Mobility”), a Kansas corporation with its principal place of business at 1150 N. Alma School Rd., Mesa, Arizona 85201, and the City of Kent ("Customer" or “City”), a Washington State municipality. RECITALS WHEREAS, Customer and Verra Mobility entered into a Professional Services Agreement dated May 30, 2013 ("Original Agreement"), which has subsequently been amended through the First Amendment, dated June 30, 2015, and the Second Amendment, dated January 9, 2019 (with the Original Agreement, First Amendment and Second Amendment collectively referred to herein as the “Agreement”); and WHEREAS, the Agreement provides it shall renew for successive five-year terms at the City’s option; and WHEREAS, Section 15 of the Agreement provides that changes to services or scope and additional systems and services may be added to the Agreement by mutual consent of the parties by written addendum to the Agreement; and WHEREAS, Exhibit C to the Agreement provides that additional locations may be designated by the Customer for camera installation, which will be based upon a site selection and engineering analysis; and WHEREAS, the necessary site selection and engineering analysis have been completed and Customer requests Verra Mobility install additional red light safety camera systems at additional locations as designated by the Customer; and WHEREAS, the Customer and Verra Mobility desire to amend the terms and conditions of the Agreement to add these additional camera locations and to extend the Agreement for another five year term; TERMS AND CONDITIONS NOW, THEREFORE, the parties agree to supplement and amend the Agreement as follows: 1. The parties agree this Third Amendment shall serve as the City’s written notice to Verra Mobility, as required by Section II.3 of the Agreement, of its intent to renew the term of the Agreement for an additional five (5) year term beginning on November 12, 2023 and expiring on November 12, 2028. Thereafter, additional five (5) year renewal terms shall occur upon written notice by the City as provided for pursuant to Section II.3 of the Agreement. 2. Pursuant to the provisions set forth under Exhibit C to the Agreement, entitled “Designated Locations,” Verra Mobility will install additional Camera Systems at the locations listed in the written notice to proceed attached to this Third Amendment as Attachment 1. The Service Fees for these additional red light safety Camera Systems shall be as set forth under Section 1.0 of Exhibit A entitled "Service Fee Schedule" of the Agreement, as revised by the Second Amendment, and such fees shall begin on the date the Camera System becomes operational and the fee shall prorated for the first month the Camera System is made operational if the Camera System is first made operational on any day other than the first day of that month. 2 3.All other terms and conditions of the Agreement not expressly modified by this Third Amendment shall remain in full force and effect. In the event of a conflict between the terms of this Third Amendment and the Agreement the terms of this Third Amendment shall prevail and control. 4. The provisions of the Agreement and this Third Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. 5.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. 6.Customer and Verra Mobility each 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, the parties hereto have executed this Third Amendment. ACKNOWLEDGED AND AGREED TO BY: AMERICAN TRAFFIC SOLUTIONS, INC. CITY OF KENT, WASHINGTON By: 11/2/2022 By: Jon Baldwin Executive Vice President Date Dana Ralph, Mayor Date ATTEST: By: Kent City Clerk Date 11/15/2022 11/15/2022 3 ATTACHMENT 1 FORM OF NOTICE TO PROCEED Reference is made to the Standard Professional Services Agreement by and between American Traffic Solutions, Inc., doing business as Verra Mobility (“Verra Mobility”) and Kent, Washington (“Customer”), dated as of August ____ 2022 (the “Agreement”). Capitalized terms used in this Notice to Proceed shall have the meaning given to such term in the Agreement. Customer hereby designates this implementation of cameras at designated intersections. Verra Mobility shall make its best efforts to install a Camera System within sixty (60) days of permits being granted and power delivered for each agreed-upon Approach, providing that Customer has received permission for all implementations in writing from any third-party sources. Below is a list of Approaches provided by Customer, which have been analyzed based on traffic volumes, road geometry, and existing infrastructure and are believed to be locations at which a Camera System would increase public safety. Execution of this Notice to Proceed by Customer shall serve as authorization for the installation of Camera Systems for all Approaches designated as follows: Approach (Direction & Street) Type of Enforcement Camera System Solution NB 116 Ave SE & Kent Kangley Rd Red Light RLC SB 116 Ave SE & Kent Kangley Rd Red Light RLC EB Kent Kangley Rd & 116 Ave SE Red Light RLC WB Kent Kangley Rd & 116 Ave SE Red Light RLC NB 116 Ave SE & SE 240th St Red Light RLC SB 116 Ave SE & SE 240th St Red Light RLC EB 116 Ave SE & SE 240th St Red Light RLC WB 116 Ave SE & SE 240th St Red Light RLC NB 68th Ave S & S 212th St Red Light RLC SB 68th Ave S & S 212th St Red Light RLC EB 68th Ave S & S 212th St Red Light RLC WB 68th Ave S & S 212th St Red Light RLC SB 68th Ave / SR181 & S 228th St Red Light RLC EB 68th Ave / SR181 & S 228th St Red Light RLC WB 68th Ave / SR181 & S 228th St Red Light RLC NB 108th Ave / SR515 & SE 208th St Red Light RLC SB 108th Ave / SR515 & SE 208th St Red Light RLC EB 108th Ave / SR515 & SE 208th St Red Light RLC WB 108th Ave / SR515 & SE 208th St Red Light RLC NB Washington Ave N & W Meeker St Red Light RLC SB Washington Ave N & W Meeker St Red Light RLC EB Washington Ave N & W Meeker St Red Light RLC WB Washington Ave N & W Meeker St Red Light RLC 4 Customer understands that implementation and installation of any Approach is subject to Site Selection Analysis and engineering results. Customer recognizes the substantial upfront costs Verra Mobility will incur to construct and install the Systems for the above listed intersection Approaches. Customer agrees that the Systems authorized by this Notice to Proceed for the above-listed Approaches shall remain installed and operational for the duration of the current term of the Agreement. Verra Mobility reserves the right to bill Customer for any upfront costs associated with the intersection Approaches listed above in the event Customer elects to cancel or suspend the installation. IN WITNESS WHEREOF, Customer has executed this Notice to Proceed as of the date written below. ______Kent, Washington___________________ By: Name: Dana Ralph Title: Mayor Date ACKNOWLEDGED AND AGREED TO BY: AMERICAN TRAFFIC SOLUTIONS, INC. By: Name: Lew Miller Title: Senior VP of Operations Date 11/15/2022