2009/06/17 Council Agenda Packet

Agreement between the City of Everett and American Traffic Solutions, INC. for traffic safety camera system THIS AGREEMENT made and entered into on this day of , 2009, by and between the City of Everett,a Washington Municipal Corporation(the"City"),and American Traffic Solutions, Inc., the Contractor("ATS"also referred to as"Contractor"). Contractor Business: American Traffic Solutions, Inc. Contractor Address: 7681 E. Gray Road, Scottsdale,AZ 85260 Contractor Phone: 480.443-7000 Contractor Fax: 480.596-4501 Contact Name Adam E.Tuton or Chief Operating Officer Contractor e-mail: adam.tuton(a�atsol.com Federal Employee ID No.: 48-1114931 WHEREAS,the City of Everett desires to implement and operate a turnkey traffic safety camera system pursuant to Washington State Law 46.63.170;and WHEREAS,the City of Everett wishes to obtain the services of a contractor that has photo enforcement implementation and operations experience;and WHEREAS, the City of Seattle awarded a contract to American Traffic Solutions, Inc.for the provision, implementation and operation of a traffic safety camera system based upon the issuance of a Request for Proposal and competitive negotiation process;and WHEREAS,the City of Everett has an Interlocal cooperative purchasing agreement with the City of Seattle dated August 27, 1998, that allows the City of Everett to procure"supplies,material, equipment and services"under the City of Seattle's bid or contract awards;and WHEREAS, pursuant to the Interlocal agreement with the City of Seattle,the City of Everett wishes to contract directly with American Traffic Solutions, INC. on terms similar to the terms of the agreement between the City of Seattle and American Traffic Solutions, INC.; and WHEREAS,the City of Everett Police Department has conducted its own investigation and evaluation of potential providers of turnkey traffic safety camera systems,and has had the benefit of the results of the City of Seattle's competitive negotiation process which involved evaluation and selection of responses to its Request for Proposal;and WHEREAS,the City of Everett finds that American Traffic Solutions, INC. is the most qualified to perform the necessary services and provide the necessary equipment on terms most advantageous to the City of Everett; NOW,THEREFORE,the parties herein do mutually agree as follows: 1. Definitions. As used in this Agreement,the following words and terms shall, unless the context otherwise requires, have the respective meanings provided below: "Citation"means a notice of infraction issued by a competent state or municipal law enforcement agent or agency or by a court of competent jurisdiction relating to a violation documented or evidenced by the (Axsism) System. "Notice of Violation"means the written notice required by RCW 46.63.170(3)to a rental car business identified as the registered owner of a vehicle involved in a violation. 1 14