AGENDA BILL. Beaverton City Council Beaverton, Oregon BUDGET IMPACT

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Cleopatra Gwendoline Quinn
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1 AGENDA BILL Beaverton City Council Beaverton, Oregon SUBJECT: Authorize Mayor to Sign First Amendment FOR AGENDA OF: 06CNO: To Agreement Between The City of Beaverton and Redflex Traffic Systems, Inc., Mayor's Approval: ~~ Relating to Photo Speed and Photo Red Light Enforcement DEPARTMENT OF ORIGIN: Police Departmezt1J~ DATE SUBIVIITTED: CLEARANCES: City AttorneY~ CAO Finance " PROCEEDING: CONSENT AGENDA EXHIBITS: Agreement (CONTRACT REVIEW BOARD) BUDGET IMPACT EXPENDITURE AMOUNT APPROPRIATION REQUIRED $336,000 (Red Light) BUDGETED $336,000* REQUIRED $-0 $230,000 (Photo Speed) $230,000* $-0 *Account Number and General Fund - Police Department - Photo Red Light Program - Professional Services and Photo Traffic Enforcement - Professional Services accounts. The amounts budget are included in the Proposed FY Budget as approved by the Budget Committee and scheduled for adoption by the City Council at this meeting. RECOMMENDED ACTION: City Council authorizes the Mayor to sign the first amendment to the agreement with Reflex Traffix Systems, Inc. HISTORICAL PERSPECTIVE: The City of Beaverton has had a successful photo enforcement program since In October 2000, the City contracted with Redflex Traffic Systems to provide photo enforcement services to Beaverton. The current contract with Redflex will expire June 30, Staff has negotiated a new contract proposal. INFORMATION FOR CONSIDERATION: The proposed agreement is for a term of five years. For the photo red light program, the City currently pays $31,500 per month, which monitors 18 approaches. Under the new proposed contract, the City will pay a flat fee of $40 for each photo red light violation citation issued and approved for filing with the Municipal Court. This new payment term places Beaverton's contract on par with other similar contracts in the Portland metropolitan area. Staff estimates that the City will save $42,000 under the new payment terms using the current average of 700 issued red light citations per month which calculates out to $336,000 per year compared with the current contract payment amount of $378,000. In addition, the agreement allows for up to 22 additional photo red light installations in the City, as justified on traffic safety grounds, with the vendor paying all installation costs. For the photo radar speed program, the proposed agreement will continue to provide the City with two fully outfitted photo radar vans and will retain the current payment of a flat monthly fee of $9,500 for each van. Staff conducted an analysis of retaining the current payment structure versus changing to the Agenda Bill No: 13136

2 $40 per citation issuance method as recommended under the photo red light program. With the trend in photo radar citation issuances, the analysis determined that the least cost to the City would be to retain the flat monthly fee structure. The contract also stipulates that the two vans and their equipment will be replaced every three years at no additional charge. At the expiration of the initial five-year term, the agreement will automatically renew for a one-year term each year until one of the parties opts out of the annual renewal. Agenda Bill No: 13136

3 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BEAVERTON AND REDFLEX TRAFFIC SYSTEMS, INC. RELATING TO PHOTO SPEED AND ----~ PHOTO RED LIGHT ENFORCEMENT This first amendment ("First Amendment") to the agreement between the City of Beaverton and Redflex Traffic Systems, Inc. ("Original Agreement") is dated as of, 2013 ("Effective Date"), and is between Redflex Traffic Systems, Inc. with offices at N. 23 rd Ave. #150, Phoenix, AZ ("Redflex"), and the City of Beaverton, Oregon, with offices at 4755 SW Griffith Drive, Beaverton, OR ("City"). RECITALS A. This First Amendment is entered into pursuant to Beaverton City Council authorization. B. The City and Redflex previously entered into the Original Agreement, entitled "An Agreement Between the City of Beaverton and Redflex Traffic Systems, Inc. Relating to Photo Speed and Photo Red Light Enforcement," dated June 18, 2008, by which, generally, Redflex provided the City with a set of digital traffic enforcement cameras and related services, in return for the City's payment in accordance with the payment provisions of the Agreement. The term of the Original Agreement expires on June 30, C. Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, and applications related to digital photo red light enforcement systems. D. The City desires to engage the services of Redflex to provide certain equipment, processes and back office services so that Authorized Employees of the City are able to monitor, identify and enforce speed and red light running violations. E. It is a mutual objective of both Redflex and the City to reduce the incidence of vehicle collisions on the streets and at the intersections that are monitored pursuant to this First Amendment. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IN THIS FIRST AMENDMENT, THE PARTIES AMEND THEIR ORIGINIAL AGREEMENT AS FOLLOWS: \

4 1. INCORPORATION BY REFERENCE. This First Amendment incorporates by reference all terms and conditions set forth in the Original Agreement dated June 18, 2008, unless specifically modified. All terms and conditions set forth in the First Amendment which are not specifically modified by this First Amendment remain in full force and effect. 2. TERM OF FIRST AMENDMENT. The term of the First Amendment shall be from the effective date of the First Amendment to June 30, 2018 (the "Initial Amended Term"). At the expiration of the Initial Amended Term of this First Amendment, the First Amendment shall be automatically extended for an unlimited number of additional, consecutive and automatic one (1) year periods, unless either party provides written notification of its intent not to extend the First Amendment sixty (60) days prior to the expiration of any such term. 3. NOTICES. NOTICES TO REOFLEX: Redflex Traffic Systems, Inc N. 23 rd Ave., #150 Phoenix, AZ Attention: Account Management Facsimile: _(623) NOTICES TO THE CITY: City of Beaverton 4755 SW Gri'ffith Drive Beaverton, Oregon Attention: Police Chief Facsimile: With a copy to: City of Beaverton 4755 SW Griffith Drive Beaverton, Oregon Attention: City Attorney Facsimile: EXHIBIT "A" STATEMENT OF WORK. Exhibit "A" of the Original Agreement, entitled "Statement of Work", is replaced in its entirety with the attached amended Exhibit "A". 5. EXHIBIT "O" COMPENSATION & PRICING. Exhibit "O" of the Original Agreement, entitled "Compensation & Pricing", is replaced in its entirety with the attached amended Exhibit "O". z..

5 6. ENTIRE AGREEMENT. This First Amendment together with the Original Agreement comprises the entire integrated understanding between the City of Beaverton and Redflex concerning the services described in the Original Agreement and this First Amendment. IN WITNESS WHEREOF, the parties have duly executed this First Amendment to the Original Agreement effective the day and year first above written. CITY OF BEAVERTON: Denny Doyle, Mayor REDFLEX TRAFFIC SYSTEMS, INC.: C?:1Cl;c Signature Geoff Spalding, Police Chief Scott Huson, Acting CFO APPROVED AS TO FORM: City Attorney, Beaverton 3

6 AMENDED EXHIBIT ((A" STATEMENT OF WORK PHOTO RED LIGHT ENFORCEMENT SERVICES Redflex Red Light Traffic Camera Program will provide implementation of up to 40 intersection approaches. Identification of enforced intersection approaches will be based on mutual agreement between Redflex and City as warranted by community safety and traffic needs. City may request in writing that Redflex upgrade the Red Light Cameras as new technology is available during the Initial Amended Term and any subsequent renewal terms of this First Amendment. Upgrades will occur when Redflex and the City mutually agree that the citation issuance rate will likely increase as a result of an upgrade. The upgrade will be at no cost to the City and will occur within 90 days of the written request. PHOTO RADAR SPEED ENFORCEMENT SERVICES Redflex will supply, install and provide equipment maintenance of the photo radar van and associated equipment. Vans are to be marked consistent with the City's existing police fleet. Redflex will provide the photo radar vans and associated equipment to the City at no charge within 90 days of signing this First Amendment. Redflex will keep photo radar vans, mobile units and equipment used by the City for its Photo Speed Enforcement Program up-to-date during the Initial Amended Term and any subsequent renewal terms of this First Amendment. Redflex will replace the photo radar vans and associated equipment with the then-current generation of radar vans and associated equipment upon each 3-year anniversary of this First Agreement. No additional fees will be charged to the City for the replacement / upgrade. The standard speed van platform vehicle is a Ford Escape Hybrid or a Chevrolet Uplander minivan. The City may substitute a Ford E-1S0 van in lieu of a standard speed van at no additional cost to the City. If the City selects vehicle other than a Ford E-1S0 that is priced higher than the standard platform vehicle, the City shall, within 10 days of delivery of the newly constructed speed van, pay to Redflex the difference in price.

7 AMENDED EXHIBIT "0" COMPENSATION & PRICING PHOTO RED LIGHT CAMERA SYSTEMS The City will pay Redflex a fee of $40.00 for each red light violation citation issued. A red light violation citation is issued when the citation has been accepted and uploaded into the municipal court's electronic citation management system. PHOTO RED LIGHT PERFORMANCE If Redflex fails to maintain the minimum standard of performance as defined in Exhibit C (Maintenance), the City and Redflex will mutually agree to an adjustment to the price to be paid by the City to Redflex for that month. PHOTO RADAR SPEED ENFORCEMENT The City will pay Redflex a fee of $9, for each speed van assigned to the City for each month the van is so assigned, subject to the adjustment for down time as provided for herein. In the event that the provided speed van is out of commission for more than six (6) days in anyone month period or for more than four (4) consecutive days, then Redflex and the City agree to reduce the price to be paid to Redflex for the service of that system by 1/30 of the monthly obligation for each day the system is unavailable to the City.BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS 1. Redflex construction will be able to utilize existing conduit for installation where space is available. 2. Each year, on the anniversary date of the contract, the pricing will adjust by the annual change in the CPI- W (Urban Wage Earners and Clerical Workers). CPI-W will be derived from the publication of the u.s. Department of Labor Consumer Price Index for U.S. All Items, =100 U.S. City average. 3. The City will pay Redflex within thirty (30) days after the invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60 days from date of invoice. 5

8 4. The provision of all necessary communication, broadband and telephone services to the Designated Intersection Approaches will be the sole responsibility of Redflex. 5. The on-going provision of any and all necessary electrical power to the Designated Intersection Approaches will be the sole responsibility of the City. 6. The City shall require any employees who may operate or occupy the Equipped Motor Vehicles to complete a mandatory training program to insure that the Equipped Motor Vehicles are operated in a safe manner and all warnings and instructions that accompany the Equipped Motor Vehicles are understood and heeded. 7. Redflex shall be solely responsible for installing required signage. Redflex shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority ("Signage"L including but not limited to the Vehicle Code, and the City shall assist in determining the placement of Signage. 8. Roadway / Intersection improvement projects: the City shall reimburse Redflex the costs of replacing and or modification of operational system approaches. The City is responsible for all costs associated with the operation (fuel) and scheduled basic maintenance of the photo radar vehicle consistent with City fleet maintenance guidelines.

SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY

THIS PRINT COVERS CALENDAR ITEM NO. : 10.6 DIVISION: Sustainable Streets BRIEF DESCRIPTION: SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY Authorizing the Director of Transportation to execute the Second