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AGENDA
Public Safety Committee Regular Meeting
4:30 PM - Monday, August 14, 2017
Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way
1. ATS AGREEMENT BRIEFING
Red Light Cameras
Draft Agreement
2. AT LARGE / VICIOUS ANIMAL ORDINANCE
a) Draft Ordinance
3. EMERGING ISSUES IN PUBLIC SAFETY
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement includes the attached Exhibits (“Agreement”) and is made by and
between American Traffic Solutions, Inc. (“ATS”), with its principal place of business at 1150 N. Alma
School Road, Mesa, AZ 85201, and the City of Renton, Washington, a municipal corporation of the state
of Washington (“City”), with principal offices at 1055 South Grady Way, Renton, WA 98057 (ATS and City
individually, a “Party”, and collectively, the “Parties”). This Agreement sets forth the terms, conditions and
obligations of the Parties.
WITNESSETH:
WHEREAS, the City desires to implement and operate a traffic safety camera system pursuant to
Washington State Law 46.63.170; and
WHEREAS, public convenience and necessity require the City to obtain the services of ATS
which has photo enforcement implementation and operations experience and is a leading provider of
photo enforcement systems with the City and across the country; and
WHEREAS, ATS has the exclusive knowledge, possession and ownership of certain equipment
already installed in the City, and has licenses, and back-office processes through an automated web-
based Citation processing system (collectively referred to as the “AxsisTM System” or “Axsis”) currently
used by the City for its existing photo enforcement program; and
WHEREAS, the City finds ATS is qualified to perform and is experienced in providing the required
services; and
WHEREAS, the City desires to engage ATS to provide traffic safety camera services, also known
as photo enforcement services; and
NOW, THEREFORE, the Parties herein do mutually agree as follows:
The attached Exhibits include:
EXHIBIT A…………..SERVICE FEE SCHEDULE
EXHIBIT B…………..SCOPE OF WORK
EXHIBIT C…………..ADDITIONAL CAMERA LOCATIONS
EXHIBIT D…………..FORM NOTICE TO PROCEED
EXHIBIT E…………..DMV SERVICES SUBSCRIBER AUTHORIZATION
By signing below, the Parties agree to the terms and conditions of this Agreement together with the
attached Exhibits. This Agreement contains the complete and exclusive statement of the agreement
between the Parties relating to the matters referenced herein and replaces any prior oral or written
representations or communications between the Parties. Each individual signing below represents that
such individual has the requisite authority to execute this Agreement on behalf of the entity which such
individual represents and that all the necessary formalities have been met.
[SIGNATURE PAGE ON FOLLOWING PAGE]
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ACKNOWLEDGED AND AGREED TO BY:
AMERICAN TRAFFIC SOLUTIONS, INC. CITY OF RENTON, WASHINGTON
By:
By:
Elizabeth Caracciolo
Senior Vice President/General
Manager, Government Solutions
Date Name/Title Date
ATTEST:
By:
Name/Title Date
APPROVED AS TO FORM:
By:
Name/Title Date
This Agreement is effective on the date of execution by the last signatory to this cover page (“Effective
Date”).
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PROFESSIONAL SERVICES AGREEMENT ............................................................................................... 1
I. DEFINITIONS ....................................................................................................................................... 4
II. GENERAL TERMS AND CONDITIONS .............................................................................................. 5
1. ATS AGREES TO PROVIDE: ....................................................................................................... 5
2. CITY AGREES TO PROVIDE: ...................................................................................................... 5
3. TERM: ........................................................................................................................................... 5
4. ASSIGNMENT: .............................................................................................................................. 5
5. FEES AND PAYMENT: ................................................................................................................. 5
6. SITE SELECTION ANALYSIS: ..................................................................................................... 5
7. COMMUNICATION OF INFORMATION: ...................................................................................... 6
8. CONFIDENTIAL INFORMATION: ................................................................................................. 6
9. OWNERSHIP OF SYSTEM: ......................................................................................................... 6
10. INDEMNIFICATION: ..................................................................................................................... 6
11. INSURANCE: ................................................................................................................................ 7
12. STATE LAW TO APPLY: .............................................................................................................. 8
13. DISPUTE RESOLUTION: ............................................................................................................. 8
14. CHANGE ORDERS: ..................................................................................................................... 9
15. TERMINATION: ............................................................................................................................. 9
16. AMENDMENTS TO THE AGREEMENT: ................................................................................... 10
17. ADDITIONAL SERVICES: .......................................................................................................... 10
18. LEGAL CONSTRUCTION: .......................................................................................................... 11
19. PRIOR AGREEMENT SUSPENDED:......................................................................................... 11
20. LIMITED AGENCY: ..................................................................................................................... 11
21. FORCE MAJEURE: .................................................................................................................... 11
22. TAXES: ........................................................................................................................................ 11
23. NOTICES: ................................................................................................................................... 11
24. SURVIVAL: .................................................................................................................................. 11
25. EXECUTION: .............................................................................................................................. 12
EXHIBIT A ................................................................................................................................................... 13
SERVICE FEE SCHEDULE ................................................................................................................... 13
EXHIBIT B ................................................................................................................................................... 15
SCOPE OF WORK ................................................................................................................................. 15
1. ATS SCOPE OF WORK ......................................................................................................... 15
2. CITY SCOPE OF WORK ........................................................................................................ 17
EXHIBIT C ................................................................................................................................................... 22
ADDITIONAL CAMERA LOCATIONS .................................................................................................... 22
EXHIBIT D ................................................................................................................................................... 23
FORM OF NOTICE TO PROCEED ........................................................................................................ 23
EXHIBIT E ................................................................................................................................................... 24
DMV SERVICES SUBSCRIBER AUTHORIZATION .............................................................................. 24
Deleted:
Deleted:
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I. DEFINITIONS
As used in this Agreement, the following words and terms shall, unless the context otherwise requires,
have the respective meanings provided below:
1. “Approach”: One (1) direction of travel on a road or a traffic intersection, including up to four (4)
contiguous lanes controlled by up to two (2) signal phases.
2. “Business Hours”: Eight (8) hours per day, Monday through Friday, excluding weekends and holidays.
3. “Business Rules”: The Business Rules Questionnaire to be completed by City and delivered to ATS
setting forth the business rules for the implementation and operation of the Program.
4. “Camera System” or “Camera”: A photo-traffic monitoring device consisting of one (1) rear camera,
strobe and, if necessary, one (1) front camera with strobe for driver image, and traffic monitoring device
(including the wiring associated with each) capable of accurately detecting a traffic infraction on up to
four (4) contiguous lanes which records such data with one (1) or more images of such vehicle.
“Camera System” shall, where the context requires, also include any enclosure or cabinet, wiring, and
related appurtenances in which the equipment is stationed. “Camera System” may refer to either a red
light or fixed site school zone speed safety camera system, depending on the context, and also
includes any and all Camera Systems installed in the City and owned by ATS prior to the effective date
of this Agreement.
5. “Change Order Notice”: Written notice from the City requesting changes to the work required to be
performed or the addition of products or services to those required to the terms of this Agreement,
setting forth in reasonable detail the proposed changes.
6. “Change Order Proposal”: A written statement from ATS describing the cost of the changes to the
work or addition of products or services requested by City in a Change Order Notice.
7. “Citation”: A citation, notice of violation, notice of infraction or equivalent instrument issued by a
competent state, county or municipal law enforcement agent or agency or by a court of competent
jurisdiction relating to a Violation documented or evidenced in Axsis.
8. “Designated Safety Zone”: A designated safety zone in which a Camera System may be installed or
deployed.
9. “Event”: An image captured of a potential Violation.
10. “Fees”: The amount payable by City to ATS for equipment, services, and maintenance as set forth in
EXHIBIT A.
11. “Fixed Site School Zone Speed Safety Camera System”: A Camera System installed in a
Designated Safety Zone.
12. “Notice to Proceed”: Written confirmation from City that ATS may proceed with the installation of a
given Camera System, a form of which is attached as EXHIBIT C.
13. “Owner”: The owner(s) of a motor vehicle as shown by the motor vehicle registration records of the
motor vehicle department or the analogous agency of another state or country, including a lessee of a
motor vehicle under a lease of six months or longer.
14. “Person” or “Persons”: Any individual, partnership, joint venture, corporation, limited liability company,
trust, unincorporated association, governmental authority or political subdivision thereof or any other
form of entity.
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15. “Project Time Line”: The initial schedule and timelines required to begin the implementation of City’s
project, as mutually agreed upon by the Parties.
16. “Red Light Safety Camera System”: A Camera System installed at an intersection Approach.
17. “System”: A Camera System and the related Infrastructure.
18. “Violation”: A failure to obey an applicable traffic law or regulation, including, without limitation, failure
to obey a traffic signal, or operation of a motor vehicle in excess of the posted speed limit.
II. GENERAL TERMS AND CONDITIONS
1. ATS AGREES TO PROVIDE:
The scope of work identified in EXHIBIT B, Section 1.
2. CITY AGREES TO PROVIDE:
The scope of work identified in EXHIBIT B, Section 2.
3. TERM:
This Agreement shall commence upon the Effective Date and shall continue for a term of five (5) years
beginning on September 6, 2017. This Agreement will automatically extend for consecutive five (5) year
terms. However, City or ATS may terminate this Agreement at the expiration of any term by providing
written notice of its intent not to extend the Agreement one hundred twenty (120) days prior to the
expiration of the then-current term.
4. ASSIGNMENT:
Neither Party may assign all or any portion of this Agreement without the prior written consent of the
other, which consent shall not be unreasonably withheld or delayed. However, for business financing or
other corporate reorganizational purposes, ATS may sell, assign, transfer or convey any interest in this
Agreement in whole or in part without the written consent of City.
5. FEES AND PAYMENT:
City shall pay for all equipment, services and maintenance based on the fee schedule indicated in the
EXHIBIT A, Service Fee Schedule 1.
5.1 City shall pay all Fees due ATS based upon invoices from the preceding month within thirty (30)
days of submission. Late payments are subject to interest calculated at 1.5% per month on open
balances. If City is more than sixty (60) days past due on payments to ATS, ATS may, in its sole
discretion, either (i) withhold all transfers/sweeps of Citation payments to City until City becomes
current on its payments or (ii) exercise any other remedies pursuant to Section 14(iii) of this
Agreement for non-payment of Fees by City.
5.2 Invoices shall be in standard ATS format.
5.3 ATS’s Fees will be fixed for the first five (5) year term of the Agreement; thereafter, unit prices will
increase at the beginning of each five (5) year renewal term by the Consumer Price Index (CPI),
according to the average change during the prior twelve (12) months in the CPI for All Urban
Consumers (CPI-U) for U.S. City average, as published by the Bureau of Labor Statistics, U.S.
Department of Labor for the Services category listed under Commodity and Service Group.
6. SITE SELECTION ANALYSIS:
Prior to installing any System, ATS may conduct a statistical analysis of each road or intersection
Approach being considered for a System or Systems (“Site Selection Analysis”) to assist City in
determining which road or Approaches will be the most beneficial to City in pursuit of its traffic safety
and enforcement goals. For any road or Approach recommended by City, ATS may deploy or install a
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System if a constructability analysis concludes a deployment or an installation is feasible. ATS makes
no representations or warranties that any Violation rate estimates will be predictive of actual future
traffic Violation rates.
7. COMMUNICATION OF INFORMATION:
ATS will comply with reasonable requests from City for information obtained by ATS through operation
of the Axsis™ System. ATS reserves the right to assess a fee for such services. Unless ATS is
deemed a “Custodian of Record”, under applicable “Public Records Act” laws or similar laws, ATS will
not be under any obligation to provide information directly to non-City requesting parties. Should ATS
choose to respond to non-City requesting parties, ATS and City shall work collaboratively in a good
faith effort to provide requested information in a timely manner, which good faith effort may include, but
not be limited to, City’s review and prior approval of ATS disclosing information.
8. CONFIDENTIAL INFORMATION:
No information given by ATS to City will be of a confidential nature, unless specifically designated in
writing as proprietary or confidential by ATS (“ATS Confidential Information”). If, however, ATS does
designate certain information as proprietary or confidential, City shall treat the ATS Confidential
Information with the same degree of care and same restrictions as City treats its own proprietary and
confidential information, but in no event with less than reasonable care and reasonable restrictions. City
will use ATS Confidential Information solely in connection with its rights and obligations under this
Agreement, and will not use ATS Confidential Information for any other purpose, including but not
limited to any use to harm or injure ATS or in any other way detrimental to ATS. If City receives a
request or becomes legally obligated or compelled (by deposition, interrogatory, request for documents,
subpoena, civil investigative demand, other demand or request by governmental agency or the
application of statutes, rules and regulations under the federal securities laws or similar process) to
disclose any of the ATS Confidential Information, City will promptly provide ATS with written notice of
such request or requirement before any disclosure, and will cooperate with ATS’ reasonable efforts to
obtain confidential treatment of the ATS Confidential Information. If a protective order or other
confidential treatment is not obtained or if ATS waives its rights under this paragraph, City agrees to
furnish only so much of the ATS Confidential Information as it is legally required to furnish and, where
appropriate, to exercise its best efforts to obtain written assurances that confidential treatment will be
accorded to the ATS Confidential Information. City will give ATS an opportunity to review the ATS
Confidential Information prior to its disclosure, and City will allow ATS to participate in any related
proceeding. However, nothing in this paragraph shall be construed contrary to the terms and provisions
of any “Public Records Act” or similar laws, insofar as they may be applicable.
9. OWNERSHIP OF SYSTEM:
Under all circumstances, ATS shall retain ownership of all Camera Systems and the Axsis™ System
provided for use by the City under the terms and conditions of this Agreement. In order to carry out the
purposes of this Agreement, for the term of this Agreement, ATS grants City a non-exclusive, non-
transferable license to use the Axsis™ System.
10. INDEMNIFICATION:
10.1 Indemnification by ATS. Subject to Section 10.3, ATS agrees to indemnify City and its managers,
officers, directors, employees, agents, representatives and successors (individually a "City Party"
and collectively, the "City Parties") against all claims, liabilities, obligations, losses, damages,
penalties and judgments (collectively, "Losses"), which may be imposed on or incurred by any
City Party arising out of or related to the gross negligence or willful misconduct of ATS, its
employees or agents which result in death or bodily injury to any natural person (including third
parties) or any damage to any real or tangible personal property (including the personal property
of third parties), except to the extent caused by the gross negligence or willful misconduct of any
City Party.
10.2 Indemnification by City. Subject to Section 10.3, City hereby agrees to indemnify ATS and its
direct and indirect subsidiaries, managers, officers, directors, employees, agents, representatives
and successors (individually an "ATS Party" and collectively, the "ATS Parties") against any and
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all Losses which may be imposed on or incurred by any ATS Party arising out of or related to the
gross negligence or willful misconduct of City, its employees, contractors or agents which result in
death or bodily injury to any natural person (including third parties) or any damage to any real or
tangible personal property (including the personal property of third parties), except to the extent
caused by the gross negligence or willful misconduct of ATS. Upon the termination of this
Agreement and subject to Section 10.3, City agrees to indemnify ATS Parties against any and all
Losses which may be imposed on or incurred by any ATS Party arising out of or related to (a) any
claim, action or demand (a “Claim”) related to the Systems, if City retains the Systems or (b) if
City elects for ATS to remove the Systems pursuant to Section 15.2(iv), any Claim related to the
foundation, conduit, or other below-grade infrastructure.
10.3 Indemnification Procedures. In the event of any Claim in respect of which any Party hereto seeks
indemnification from the other, the Party seeking indemnification (the "Indemnified Party") shall
give the Party from whom indemnification is sought (the "Indemnifying Party") written notice of
such Claim promptly after the Indemnified Party first becomes aware thereof; provided, however,
that failure to give such notice shall not preclude indemnification with respect to such Claim
except to the extent of any additional or increased Losses or other actual prejudice directly
caused by such failure. The Indemnifying Party and the Indemnified Party shall cooperate in the
defense or settlement of any Claim and no Party shall have the right to enter into any settlement
agreement that materially affects the other Party's material rights or material interests without
such Party's prior written consent, which consent shall not be unreasonably withheld or delayed.
10.4 Limited Liability. In no event shall ATS’s liability under this Agreement exceed the greater of
$1,000,000 or the average of the prior twelve (12) months of Fees paid by City pursuant to this
Agreement. Notwithstanding anything to the contrary in this Agreement, neither Party shall be
liable to the other, by reason of any representation or express or implied warranty, condition or
other term or any duty at common or civil law, for any indirect, incidental, special, lost profits or
consequential damages, however caused and on any theory of liability, arising out of or relating to
this Agreement.
11. INSURANCE:
ATS shall maintain the following minimum scope and limits of insurance:
11.1 Commercial General Liability Insurance including coverage for bodily injury, property
damage, premises and operations, products/completed operations, personal and advertising
injury, and contractual liability with a combined single limit of $1,000,000 per occurrence and
$2,000,000 aggregate for the Term of this Agreement. Professional Liability insurance with
minimum policy limits of $1,000,000 for each occurrence, shall also be secured for any
professional services being provided to Renton that are excluded in the commercial general
liability insurance. Umbrella or Excess Liability insurance may be used to reach minimum
required coverage limits.
11.2 Workers’ Compensation as required by the Industrial Insurance laws of Washington, and
Employer’s Liability Insurance with limits of not less than $500,000 each accident. ATS shall
at all times maintain Worker’s Compensation insurance coverage in the amounts required by
law, but shall not be required to provide such coverage for any actual or statutory employee
of City.
11.3 Comprehensive Business Automobile Liability Insurance for all owned, non-owned and
hired automobiles and other vehicles used by ATS with a minimum $1,000,000 per
occurrence combined single limit bodily injury and property damage.
11.4 City and its officers and employees, shall be named as additional insured on the
comprehensive general liability policies provided by ATS under this Agreement on a non-
contributory primary basis. ATS shall require any subcontractors doing work under this
Agreement to provide and maintain the same insurance, which insurance shall also name
City and its officers, employees, and authorized volunteers as additional insureds. The City’s
insurance policies shall not be a source for payment of any Contractor liability.
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11.5 Certificates showing ATS is carrying the above described insurance, and evidencing the
additional insured status specified above, shall be furnished to City prior to the Effective Date
of this Agreement. Such certificates shall show that City will be notified in accordance with
the policy language relating to cancellations of such insurance policies. ATS shall forthwith
obtain substitute insurance in the event of a cancellation.
11.6 City shall be responsible for vehicle insurance coverage on any vehicles driven by City
employees. Coverage will include liability and collision damage.
11.7 ATS shall provide the City with written notice of any policy cancellation within two (2)
business days of ATS receiving such notice.
11.8 The City does not represent that the minimum required insurance or insurance limits are
adequate to cover all potential claims or related claim costs.
12. STATE LAW TO APPLY:
This Agreement shall be construed under and in accordance with the laws of the State of Washington.
13. DISPUTE RESOLUTION:
All disputes arising out of or in connection with the Agreement shall be attempted to be settled through
good-faith efforts between senior management of both Parties. Following thirty (30) days of
unsuccessful negotiation, the Parties shall participate in professionally-assisted mediation, with a
mediator acceptable to both Parties. The Parties agree to discuss their differences in good faith and to
attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The
mediation will be treated as a settlement discussion and therefore will be confidential. The mediator
may not testify for either Party in any later proceeding relating to the dispute. No recording or transcript
shall be made of the mediation proceedings. Each Party will bear its own costs in the mediation. The
fees and expenses of the mediator will be shared equally by the Parties.
13.1 Failing resolution through negotiation or mediation, any remaining dispute shall be submitted to
binding arbitration in accordance with the Arbitration Rules for Professional Accounting and
Related Services Disputes of the American Arbitration Association (“AAA Rules”) before a single
arbitrator. The place of arbitration will be mutually agreed upon within fourteen (14) days of a
decision to seek arbitration. Limited discovery will be permitted in connection with the arbitration
upon agreement of the Parties and upon a showing of substantial need by the Party seeking
discovery.
13.2 The arbitrator’s decision shall follow the plain and natural meaning of the relevant documents and
shall be final and binding. The arbitrator will have no power to award:
a) damages inconsistent with the Agreement; or,
b) punitive damages or any other damages not measured by the prevailing Party’s actual
damages, and the Parties expressly waive their right to obtain such damages in arbitration or
in any other forum.
13.3 All aspects of the arbitration will be confidential. Neither the Parties nor the arbitrator may
disclose the existence, content or results of the arbitration, except as may be necessary to
comply with legal or regulatory requirements.
13.4 Each Party will promptly pay its share of all arbitration fees and costs, provided that such fees
and costs shall be recoverable by the prevailing Party as determined by the arbitrator. If a Party
fails to pay such share promptly upon demand, the arbitrator shall, upon written request by the
other Party, enter a final and binding decision against the nonpaying Party for the full amount of
such share, together with an award of attorneys’ fees and costs incurred by the other Party in
obtaining such decision, which decision may be entered in any court of competent jurisdiction.
Except for the failure of a Party to pay arbitration fees and costs that requires resort to the
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arbitrator to order such payment, the Parties will bear their own attorneys’ fees in any matter or
dispute under this Agreement.
14. CHANGE ORDERS:
City may from time to time request changes to the work required to be performed or the addition of
products or services to those required to the terms of this Agreement by providing a Change Order
Notice. Upon ATS’s receipt of a Change Order Notice, ATS shall deliver a Change Order Proposal
describing the cost, if any. Following City’s receipt of the Change Order Proposal, the Parties shall
negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes;
the time, manner and amount of payment or price increases or decreases, as the case may be; and any
other matters relating to the proposed changes. In the event that any proposed change involves only
the addition of equipment or services to the existing Designated Intersection (as defined in EXHIBIT B)
Approaches or the addition of Approaches to be covered by the terms of this Agreement, to the
maximum extent applicable, the pricing terms set forth in EXHIBIT A shall govern. Any failure of the
Parties to reach agreement with respect to any of the foregoing as a result of any proposed changes
shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in
accordance with Section 13. Such Change Order shall not invalidate the procurement process or this
Agreement nor relieve or release ATS or City of any of its obligations under this Agreement unless
stated therein.
15. TERMINATION:
15.1 ATS’s services may be terminated:
(i) By mutual written consent of the Parties; or
(ii) For Cause, by either Party where the other Party fails in any material way to perform its
obligations under this Agreement.
a) Where City is in material breach of this Agreement for non-payment
of Fees to ATS, then ATS may exercise any or all of the following
remedies: (1) provide City written notice and ten (10) days to cure
before suspending performance and turning off ATS’s cameras; (2)
withhold payments to City, as described in Section 5.1; (3) terminate
this Agreement for cause where City’s account remains delinquent
sixty (60) days after written notice; and (4) in addition to the
foregoing, seek any other available remedies at law or equity.
b) Termination under this subsection for any reason other than non-
payment of Fees by City is subject to the condition that the
terminating Party notifies the other Party of its intent to terminate,
stating with reasonable specificity the grounds therefore, and the
other Party fails to cure the default within forty-five (45) days after
receiving written notice. In the event of Termination by ATS under
this subsection for breach by City (including non-payment of Fees),
City shall pay ATS an early termination fee based on a price of
$76,660 per Camera System amortized over sixty (60) months on a
straight-line basis. The amortization schedule for said costs shall be
reduced by 1/60th for each month each Camera System is
operational. Said another way, for every month a Camera System is
operational, $1,277 will be subtracted from the total $76,660 early
termination fee for each Camera System.
15.2 Upon termination of this Agreement, including because it has reached the end of its term, the
Parties recognize that City will have to process Events in the “pipeline”, and that ATS accordingly
must assist City in this regard. Accordingly, the Parties shall take the following actions and shall
have the following obligations, which survive termination during the wind-down period:
(i) City shall cease using the Axsis™ System to capture Events.
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(ii) Unless it is unlawful to do so, ATS shall, for a period of ninety (90) days, continue to process
all Events captured before termination and provide all services associated with processing in
accordance with this Agreement and shall be entitled to a monthly fee of $4,750 per Camera
System. After such ninety (90) day period, ATS shall terminate all use of the Axsis™ System
for City’s Program and upon such termination, the Axsis™ System, including
violationinfo.com website, and related lockbox shall no longer be capable of accepting
payments.
(iii) Except as provided for in Sections 8 and 15.2(iv) related to the Systems, City shall return or
allow ATS to recover all provided equipment within a reasonable time not to exceed ninety
(90) days.
(iv) Upon City’s request or if otherwise required by law, regulation, or administrative agency, and
subject to the limitations set forth herein, ATS shall remove any and all Systems ATS
installed in connection with ATS’s performance of its obligations under this Agreement for the
actual cost of the removal (presently estimated at approximately $5,000 per System) plus an
additional 20% service fee (the “Removal Fee”). Such removal shall include but not be
limited to housings, poles and Camera Systems. As part of the services performed for the
Removal Fee, ATS shall restore the surface of City’s property to substantially the same
condition as such property was in immediately prior to this Agreement, except for foundation
removal, which shall be left approximately flush with grade with no exposed bolts, or other
hazards. Installed underground conduit, foundations, and other equipment shall not be
required to be removed. City shall accept and observe any and all duties, obligations, or
liabilities associated with the remaining foundation, conduit, or other below-grade
Infrastructure.
(v) Within one hundred twenty (120) days of termination of the Agreement, ATS shall provide
City all evidence package data and information for all Violations currently maintained on the
Axsis™ System on behalf of City. The information shall be delivered in the standard ATS
format to City on removable media. Upon delivery of said evidence package data and
information City agrees that ATS is no longer under any obligation to maintain evidence
package data or information and that any public records request for such information shall be
responded to exclusively by City, as City will be the custodian of records for any and all
Violations and related evidence package data and information.
15.3 In the event of termination by ATS for non-payment of Fees by City, ATS shall cease processing
Events as of the date of termination.
16. AMENDMENTS TO THE AGREEMENT:
The Parties may from time to time consider it in their best interest to modify or extend terms, conditions
or covenants of this Agreement; require modifications in the Scope of Work to be performed; or request
the performance of additional services regardless of and without invalidating the process that was used
to procure the services enumerated under this Agreement. If modifications result in additional costs to
City, ATS will provide a written estimate of such. Any such addition, deletion, extension or modification,
including any increase or decrease in the amount of ATS’s compensation, which are mutually agreed
upon by and between City and ATS shall be incorporated in written amendments to this Agreement.
Such amendments shall not invalidate the procurement process or this Agreement nor relieve or
release ATS or City of any of its obligations under this Agreement unless stated therein.
17. ADDITIONAL SERVICES:
During the term of this Agreement, from time-to-time ATS may propose certain new technologies for
City to consider (e.g., school bus, bus lane, pedestrian, railroad, other undeveloped technologies, or
Program enhancements) and, if so desired, City may procure from ATS the new technologies through
an amendment to this Agreement upon terms to be mutually agreed upon.
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18. LEGAL CONSTRUCTION:
In case any one or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had not been contained herein. This Agreement shall be enforced to the
maximum extent possible so as to give effect to the intent of the Parties and shall be reformed without
further action by the Parties to the extent necessary to make such provision valid and enforceable
herein.
19. PRIOR AGREEMENT SUSPENDED:
This Agreement constitutes the sole and only agreement of the Parties and supersedes any prior
understanding, written or oral, between the Parties respecting the written subject matter.
20. LIMITED AGENCY:
ATS shall act as a limited agent of the City solely for purposes of (i) opening and maintaining bank
accounts; (ii) access to DMV records; (iii) generating and administratively processing recorded images
of Events as described in this Agreement and (iv) the Business Rules. Employees, contractors, agents
and servants of ATS shall in no event be considered to be employees, agents (other than in the limited
capacity described herein), contractors or servants of City. This Agreement does not and shall not be
interpreted as creating a general agency relationship between ATS and City.
21. FORCE MAJEURE:
Neither Party will be liable to the other or be deemed to be in breach of this Agreement for any failure or
delay in rendering performance arising out of causes beyond its reasonable control and without its fault
or negligence (an event of “Force Majeure”). Such causes may include but are not limited to, acts of
God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine
restrictions, strikes, freight embargoes, or unusually severe weather. For the avoidance of doubt, road
construction is not an event of Force Majeure. The Party whose performance is affected agrees to
notify the other promptly of the existence and nature of any delay.
22. TAXES:
Where required by law, ATS shall pay for and maintain in current status all taxes assessed against ATS
that are necessary for contract performance. City agrees to pay State of Washington sales or use taxes
on all applicable services and materials and agrees to furnish ATS with an exemption certificate where
appropriate, and City agrees to reimburse ATS for any excise taxes if charged against ATS.
23. NOTICES:
Any notices or demand which, under the terms of this Agreement or under any statute, must or may be
given or made by ATS or City shall be in writing and shall be given or made by personal service, first
class mail, Federal Express, or by certified mail to the Parties at the following address:
City of Renton American Traffic Solutions, Inc.
1055 South Grady Way 1150 N. Alma School Road
Renton, WA 98057 Mesa, Arizona 85201
Attn:_________________________ Attn: Legal Department
24. SURVIVAL:
The following provisions of the General Terms and Conditions shall survive the termination of this
Agreement: Sections 5, 8, 9, 10, 12, 13, 15, and this Section 24.
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25. EXECUTION:
This Agreement may be executed in one or more counterparts, each of which will be deemed to be an
original copy of this Agreement, and all of which, when taken together, shall be deemed to constitute
one and the same Agreement. The exchange of copies of this Agreement and of signature pages by
facsimile or “.pdf” transmission shall constitute effective execution and delivery of this Agreement as to
the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the
Parties transmitted by facsimile or “.pdf” shall be deemed to be their original signatures for any purpose
whatsoever.
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EXHIBIT A
SERVICE FEE SCHEDULE
1.0
Description of Pricing
Fees are based on per camera per month and are as follows:
Product Description
Fee per Camera
per Month
1-2 Lane Red Light Safety Camera System – includes existing Camera Systems and
Camera Systems installed subsequent to the effective date of this Agreement - the
parties shall mutually agree on the number of units to be installed. Fee is for a single
Camera System monitoring a single direction of travel.
$3,500
3-4 Lane Red Light Safety Camera System – includes existing Camera Systems and
Camera Systems installed subsequent to the effective date of this Agreement - the
parties shall mutually agree on the number of units to be installed. Fee is for a single
Camera System monitoring a single direction of travel.
$3,750
1-4 Lane Fixed Site School Zone Speed Safety Camera System – includes existing
Camera Systems and Camera Systems installed subsequent to the effective date of
this Agreement - the parties shall mutually agree on the number of units to be installed.
Fee is for a single Camera System monitoring a single direction of travel.
Fee includes up to 800 issued infractions per camera per month.
$4,750
Service Fees: All Service Fees per Camera System above includes all costs required and associated with
a Camera System installation for monitoring up to 4 lanes and two signal phases, routine maintenance, and
use of Axsis System for back-office operations. Includes camera equipment for monitoring up to 4-lanes
and up to two (2) signal phases, installation, maintenance, Event processing services, DMV records
access, First Class mailing of notice of infraction with return envelope, lockbox and epayment processing
services (excluding per item process fee and user convenience fee), IVR call center support for general
Program questions and public awareness Program support This pricing applies to all Cameras installed
within the first twelve (12) months of the term of this Agreement. Service fees for Cameras installed after
the first 12 months of term of this Agreement shall be subject to a negotiated fee or extension of the term of
this Agreement. Monthly service fee includes postage for the first class mailing of the 1st and 2nd notices.
Any required certified mail is not included and the fee is extra and will be billed per unit as published by the
US Postal Service (http://www.usps.com/prices/extra-services-prices.htm).
ATS’s monthly fee includes postage for the first class mailing of standard offering. Certified mail is extra
and will be billed per unit as published by the US Postal Service plus a $2.00 per unit service charge.
Fee for Optional Services
1. Issuance of 2nd Notice with return envelope (fee per unit) $1.50
2. Lockbox payment processing service including processing of checks, money orders,
cashier checks and case as well as initial program setup and ongoing monthly account
fees. (fee per processed item)
$1.50
3. Affidavit/Transfer of Liability and New Address processing service – (fee per processed
item)
$2.00
4. Inbound and outbound call support related to hearing scheduling, payments, disputes,
etc. (fee per call processed)
$3.00
5. Fee per 1st notice of infraction issued above the first 800 per camera per month $5.00
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6. Collections services if allowed by law – includes collections activity on all in-state and out
of state delinquent payments remaining after second notice. Service includes noticing,
phone contact, and credit reporting. ATS will add the collections fee to the outstanding
notice balance such that City net equals $124.
25% of
collections
7. Skip Tracing (per good address located) $3.50
2.0
Optional Collection Services:
ATS may initiate collection efforts of delinquent notices upon written request by City, so long as
collection of said recovered revenue amounts does not conflict with applicable state law. ATS
will be entitled to receive portions of the collected revenue as noted below. The maximum is
30% total for both pre-collection and collection services. For those accounts in default that go
to collection, this is in addition to our Fees noted above.
Pre-Collection Letters 10% of Recovered Revenue
Delinquent Collections Services 30% of Recovered Revenue
In the event that City elects to have ATS provide collections services, City shall so notify ATS
in writing. City agrees that, once ATS’s collections services are elected, City may not utilize
another vendor for these collections services without prior written consent from ATS through an
amendment to this Agreement.
3.0 Optional Annual Training Conference: ATS may provide a comprehensive user training
conference (the “Conference”) for active photo traffic safety and enforcement clients. The
Conference’s main focus is training of the Axsis™ System. Core elements include training on
implementation methods and improvements, operational monitoring and improvements,
statistical analysis, public relations and technology assessment. The sessions include
participation by industry members, industry speakers and panel discussions. City shall be
invoiced $100 per month per attendee and can assign up to three (3) project team members to
attend the Conference. The $1,200 fee per attendee will cover travel, accommodations and all
related Conference fees. Any excess funds that are not required for attendance at the
Conference will be refunded to the City.
4.0 Optional Public Relations Services: ATS may provide additional public relations services
upon written request by City. These services may include advertising, media relations, and
public relations consultants. The fee for such services shall be mutually agreed upon based on
the scope of the public relations services to be provided.
5.0 Video Retrieval Fee: ATS shall retrieve up to one (1) video per week at no cost to City. For
all additional video retrievals, the fee is $10.00 each.
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EXHIBIT B
SCOPE OF WORK
Photo Enforcement (Red Light and Speed Enforcement)
1. ATS SCOPE OF WORK
1.1 ATS IMPLEMENTATION
1.1.1 ATS agrees to provide Camera System(s), use of the Axsis™ System and related
services to City as outlined in this Agreement, excluding those items identified in Section
2 titled “City Scope of Work”. ATS and City understand and agree that new or previously
unforeseen requirements may, from time to time, be identified and that the Parties shall
negotiate in good faith to assign the proper Party the responsibility and cost for such
items. In general, if work is to be performed by City, unless otherwise specified, City
shall not charge ATS for the cost.
1.1.2 City and ATS will complete the Project Time Line within thirty (30) days of Agreement
execution date, unless mutually agreed to otherwise by the Parties. ATS agrees to make
every effort to adhere to the Project Time Line.
1.1.3 ATS will conduct a Site Selection Analysis of candidate sites. ATS will assist City in
determining which Approaches will be the most beneficial to City in pursuit of its traffic
safety and enforcement goals. Considerations may include collision history, community
safety, police department staff review and engineering feasibility assessment. Camera
System installations will be based on mutual agreement by City and ATS.
1.1.4 ATS will install or deploy Camera System(s) at a number of intersections or Designated
Safety Zones to be mutually agreed upon between ATS and City after completion of Site
Selection Analysis. In addition to any initial Designated Intersections or , the Parties may
mutually agree to add additional Camera System(s) or Approaches, which shall be
reflected in a written Notice to Proceed as set forth in EXHIBIT C.
1.1.5 ATS will operate each Camera System on a 24-hour basis, barring downtime for
maintenance, normal servicing activities, or other unforeseen instances (e.g., Force
Majeure event, etc.).
1.1.6 ATS’s Communications Department will assist City with public information content and
outreach campaign strategies. Depending upon the mutually agreed-upon strategy, ATS
may provide public relations consultants, advertising, or media relations for an additional
fee as described in EXHIBIT A.
1.1.7 ATS agrees to provide a secure website (www.violationinfo.com) accessible to Owners
who have received notices of violation by means of a Notice # and PIN, which will allow
Violation image and video viewing. As part of the secure website, a space will be
provided for a Frequently Asked Questions (F.A.Q.) page approved by City. ATS will
operate this secure website on a 24-hour basis, barring downtime for maintenance,
normal servicing activities, or other unforeseen instances (e.g., Force Majeure event,
etc.).
1.1.8 ATS will provide technician site visits to each Camera System, as needed, to perform
maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and
controller enclosure cleaning; inspection of exposed wires; and, general system
inspections and maintenance.
1.1.9 ATS shall actively maintain the System located at each Approach to ensure minimum
standards as set forth in applicable law, or regulation, or ATS service level agreements,
are met or exceeded. ATS shall take reasonable best efforts to repair a non-functional
System within seventy-two (72) hours (excluding weekends and holidays) of
determination of a malfunction, except for causes of Force Majeure.
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1.1.10 If City is using ATS lockbox or epayment services, ATS will establish a dedicated
demand deposit account. If City is more than sixty (60) days past due on payments to
ATS, ATS may withhold all transfers/sweeps of Violation payments to City until City
becomes current on its payments.
1.1.11 ATS is authorized to charge, collect and retain a service/convenience fee of $5.00 or up
to 5% of the total payment, for each electronic payment processed, whichever is higher.
Such fee is paid by the violator and retained by ATS to cover the administration of
providing this service.
1.2 ATS OPERATIONS
1.2.1 ATS shall implement and operate the Program in accordance with the provisions of this
Agreement and the City’s Business Rules.
1.2.2 If a warning period is required, ATS shall provide City with a one-time warning period up
to thirty (30) days in length following the installation and activation of the first installed
Camera System. City shall not be charged a fee for the warning period; however for any
warning period exceeding thirty (30) days City shall be responsible for the normal
monthly Service Fee.
1.2.3 ATS shall provide City with access to the Axsis™ System, including image processing,
first notice printing and mailing of Citation per chargeable event and a mailing of a text
only reminder notice, a hearing scheduled letter, a hearing denied letter, an insufficient
information letter, and a dismiss letter. The Axsis™ System shall ensure each Citation or
notice of infraction is delivered by First Class mail to the Owner within the statutory
period. In the case of a transfer of liability by the Owner, the Axsis™ System shall be
setup to mail a Citation or notice of infraction to the driver identified in the affidavit of non-
liability or by a rental car company. Costs of certified mailings are priced separately and
paid by City for additional compensation to ATS as indicated in EXHIBIT A.
1.2.4 Subsequent notices, other than those specified in Subsection 1.2.3 may be delivered by
First Class or other mail means for additional compensation to ATS as agreed upon by
the Parties.
1.2.5 The Axsis™ System shall allow the law enforcement officer to apply the officer’s
electronic signature to the Citation when authorized to do so by an approving law
enforcement officer.
1.2.6 ATS shall seek records from out-of-state vehicle registration databases and use such
records to assist City in processing Citations. In its capacity as limited agent pursuant to
the DMV Services Subscriber Authorization found in EXHIBIT D, ATS may seek records
from out-of-state vehicle registration databases. ATS reserves the right to mail Citations
to the address of the Owner obtained through the DMV, obtained through the National
Change of Address (NCOA) database provided by the United States Postal Service, or
obtained through other means including but not limited to skip tracing.
1.2.7 If City is unable to or does not desire to integrate Axsis data to its adjudication system,
ATS shall provide Axsis as an adjudication processing module to allow City to review
cases, related images, and other related information required to adjudicate the disputed
Violation. The Axsis™ System will also enable the court staff to accept and account for
payments. Any costs charged by a third party vendor related to the provision of Axsis
data to the adjudication system are the responsibility of City.
1.2.8 The Axsis™ System shall provide City with the ability to run and print standard system
reports. ATS provides a robust suite of standard program reporting at no charge to clients
with active Programs. Upon notice to City, ATS reserves the right to modify the suite of
standard program reporting available to City, so long as such change applies generally to
Cities with similar programs. Customized reporting services are available upon written
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request. The fee for such services shall be mutually agreed upon based on the
substance and form of the report to be provided.
1.2.9 During the twelve (12) month period following the installation of the first camera, upon
ATS’s receipt of a written request from City at least fourteen (14) calendar days in
advance of a court proceeding, and if required by the court or prosecutor, ATS shall
provide City with or train a local expert witness to testify in court on matters relating to the
accuracy, technical operations, and effectiveness of the Camera System or the Axsis™
System until judicial notice is taken. City shall use its best efforts to obtain judicial notice
as soon as possible. If an ATS expert witness is required more than two (2) times during
the twelve (12) month period, City shall reimburse ATS for any reasonable time and
travel costs incurred for the additional dates.
1.2.10 In those instances where damage to a System (or sensors where applicable) is caused
by (i) negligence on the part of ATS or its authorized agent(s), ATS shall bear the cost of
repair or (ii) negligence or recklessness on the part of a driver or severe weather or other
Force Majeure events, ATS and City shall bear the cost of repair equally with City
reimbursing ATS for its portion of the cost of repair. For all other causes of damage,
including road construction, City negligence, etc. City shall reimburse ATS for the cost of
repair.
1.2.11 ATS shall provide a help-line to assist City with resolving any problems encountered
regarding its Camera System and/or the Axsis™ System. The help-line shall function
during Business Hours.
1.2.12 As part of the Axsis™ System, a website will be made available to allow alleged violators
the ability to view their Citations online. This online viewing system shall include a link to
the ATS payment website(s) and may offer the opportunity to download an affidavit of
non-liability online. Online obtained affidavits, if approved by the court, may be directed to
and processed by ATS processors and communicated to the court via the Axsis transfer
described above.
1.2.13 For video retrievals requested by City unrelated to enforcement of a Violation, including
but not limited to investigation of a criminal matter, ATS will provide up to one (1) video
retrieval per week at no cost to City. For each additional video retrieval, City shall pay a
fee, pursuant to EXHIBIT A (“Video Retrieval Fee”).
2. CITY SCOPE OF WORK
2.1 GENERAL IMPLEMENTATION REQUIREMENTS
2.1.1 Within seven (7) business days of the Effective Date of this Agreement, City shall provide
ATS with the name, title, mailing address, email address and phone number of:
o A project manager with authority to coordinate City responsibilities under this
Agreement;
o Municipal Court manager responsible for oversight of all Court-related program
requirements;
o The police contact;
o The court contact;
o The person responsible for overseeing payments by violators (might be court);
o The Prosecuting Attorney;
o The City Attorney;
o The finance contact (who receives the invoices and will be in charge of
reconciliation);
o The IT person for the police;
o The IT person for the courts;
o The public works and/or engineering contact responsible for issuing any/all permits
for construction; and
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o Municipal Court manager responsible for oversight of all Court-related program
requirements.
2.1.2 City and ATS shall complete the Project Time Line within thirty (30) calendar days of the
Effective Date of this Agreement, unless mutually agreed to otherwise by the Parties. City
shall make every effort to adhere to the Project Time Line.
2.1.3 In cooperation with ATS, City shall prepare the Business Rules for implementation and
operation of the Program.
2.1.4 City shall direct the Chief of Police or approved alternate to execute the DMV Services
Subscriber Authorization, attached as EXHIBIT D, to provide verification to the State
Department of Motor Vehicles, National Law Enforcement Telecommunications System,
or appropriate authority indicating that ATS is acting on behalf of City for the purposes of
accessing vehicle ownership data pursuant to the list of permissible uses delineated in
the Drivers Privacy Protection Act 18 U.S.C. 2721, Section (b) (1) and as may otherwise
be provided or required by any provision of applicable state law.
2.1.5 City is responsible for notifying ATS of any local legislative and/or ordinance changes in
writing within forty-eight (48) hours of the first read of the proposed legislation. ATS will
not be responsible for complying with any change in applicable local law, until such time
as ATS has been notified by City in writing of the change in law.
2.1.6 City is responsible for all final jurisdictional issues.
2.1.7 Once a Notice to Proceed is granted to ATS in writing, City shall not issue a stop work
order to suspend activity on the implementation process, unless City reimburses ATS for
costs incurred up to the date the stop work order is issued.
2.1.8 Once a Camera System is installed and certified by ATS as operational, it shall be
immediately put into service.
2.1.9 Pursuant to RCW §46.63.170(1)(a), City shall post an annual report of the number of
traffic accidents that occurred at each location where an automated traffic safety camera
is located as well as the number of notices of infraction issued for each camera and any
other relevant information about the automated traffic safety cameras that the City deems
appropriate on the City's web site.
2.2 STREETS AND TRAFFIC DEPARTMENT OPERATIONS
2.2.1 If City requests that ATS move a System to a new Approach after initial installation, City
shall pay for the costs to relocate the System, which may be up to $120,000 per System.
City may not request the relocation of a site within the first year after installation.
2.2.2 If a construction or improvement project requires an installed Camera System to be
deactivated or requires a Camera System, including imbedded sensors, to be moved or
removed, City shall continue to pay the Service Fee and any costs for moving or
removing the System, which may be up to $120,000 per System. City may elect to
reimburse ATS directly or ATS may recover its costs from Program funds in addition to its
normal fee.
2.2.3 Prior to the installation of any System, City shall provide ATS information regarding any
and all road construction or improvement projects scheduled during the term of this
Agreement for any intersection Approach designated for System installation.
2.2.4 City will design, fabricate, install and maintain camera warning signs. If City cannot
provide such signage, ATS will do so and City shall reimburse ATS for such costs.
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2.2.5 City understands that proper operation of the System requires access to traffic signal
phase connections. City, therefore, shall provide free access to traffic signal phase
connections according to approved design. When traffic signal phase connections are not
under the jurisdiction of City, it shall be City’s responsibility to negotiate agreements with
the owner or maintaining agency of the traffic signal controller and infrastructure in order
to provide the required access to said phase connections and infrastructure and any
costs associated with needed agreements shall be funded by City.
2.2.6 City understands that proper operation of the System sometimes requires attachment of
certain items of detection equipment to existing signal masts, mast arms and/or other
street furniture. City, therefore, shall provide free access to ATS to attach certain items
of detection equipment to existing signal masts, mast arms and / or other street furniture
for the proper operation of the System.
2.2.7 If available, City shall allow ATS to access power from existing City power sources at no
cost and shall allow or facilitate access to traffic signal phase connections to a pull box,
pole base, or controller cabinet nearest to each System within City’s jurisdiction. If these
items are not made available, ATS may agree to cover these costs. If existing power
sources are not immediately available, City will allow ATS to use temporary power until
the existing power is established. In situations where it is not possible to obtain electrical
power from a pre-existing source, ATS may bear the costs for obtaining/routing power.
When access to power facilities is not under the jurisdiction of City, the City shall assist
ATS in negotiating any necessary agreements with the owner or maintaining agency of
the power facility and infrastructure in order to provide required access to said power
facilities and infrastructure. If power costs or running of conduit is cost-prohibitive at a
certain location, as determined by ATS, the parties agree to work on finding another
mutually agreeable location.
2.2.8 City shall not require ATS to provide installation drawings stamped by a licensed civil
engineer. However, ATS work product and drawings shall be overseen and approved by
an ATS PE and such deliverables shall conform to applicable engineering norms and
reflect the details of installation work to be completed.
2.2.9 City shall approve or reject ATS submitted plans in a timely manner and shall make best
efforts to as few as possible revisions beyond the initially submitted plans. City shall
provide its best efforts in providing aid in achieving expeditious plan approvals when
plans are being reviewed and permitted by any state and/or county agencies.
2.2.10 City, or any department of City, shall not charge ATS or its subcontractor(s) for building
or construction permits. The City may charge ATS for electrical permits, based on the
value of the work, and right of way use permits, as determined by the City’s Community &
Economic Development Department.
2.2.11 City understands and agrees that time is of the essence and that public safety is at issue
and shall issue all needed permits to ATS and its subcontractor(s) as soon as practical
after plan approval. City shall provide its best efforts to aid in achieving expeditious
permit issuance when permitted by any state and/or county agency.
2.2.12 If required by the submitted design for proper operation, City shall allow ATS to install
vehicle detection sensors in the pavement of roadways within City’s jurisdiction, as
permitted. City shall provide its best efforts to aid in acquiring any and all required
permission and permits when the roadway is under the jurisdiction of the state or county.
2.2.13 ATS may build needed infrastructure into any existing City-owned easement, conditioned
upon approval from the City.
2.2.14 If use of private property right-of-way is needed, City shall assist ATS in acquiring
permission to build in existing utility easements as necessary. If any fees are required in
securing a private property right-of-way lease/rental the parties shall negotiate in good
faith how the fees shall be paid or the parties may look for a different location.
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2.2.15 City shall comply in all aspects with RCW §46.63.170(1)(b).
2.3 LAW ENFORCEMENT DEPARTMENT OPERATIONS
2.3.1 City shall process each Event in accordance with state law and/or municipality
ordinances within three (3) business days of its appearance in the law enforcement
review queue, using Axsis to determine which Events constitute Violations that will be
issued as Citations. In the event that City fails to process Events within this timeframe,
ATS shall not be liable for failure of the Axsis™ System to allow City to issue a notice or
Citation within statutory timeframes.
2.3.2 For optimal utilization, City workstation computer monitors for Event review and approval
should provide a resolution of 1280 x 1024.
2.3.3 For optimal data throughput, City workstations should be connected to a high-speed
internet connection with bandwidth of T-1 or greater.
2.3.4 City shall provide signatures of all authorized law enforcement users who will review
events and issue Citations on forms provided by ATS for setup of the Axsis™ System to
allow said users to apply their electronic signatures to a Citation.
2.4 COURTS OPERATIONS
2.4.1 If City does not provide payment processing services, City shall use the Axsis™ System
for payment processing services. The fees for lockbox and epayment services are
presented in EXHIBIT A.
2.4.2 City shall provide a judge or hearing officer and court facilities to schedule and hear
disputed Citations.
2.4.3 City shall provide the specific text required to be placed on the Citation or notice of
infraction to be issued by City using the Axsis™ System within thirty (30) days of the
Effective Date of this Agreement.
2.4.4 City shall approve the Citation form within fifteen (15) days of receipt from ATS. ATS
may make non-substantive formatting or incidental changes to the Citation without
approval by City.
2.4.5 City shall handle inbound and outbound phone calls and correspondence from
defendants who have questions about disputes and other issues relating to Citation
adjudication. City may refer citizens with questions regarding the Camera System
technology and processes to websites and/or toll free telephone numbers provided by
ATS for that purpose.
2.4.6 Within ten (10) days after expiration of a second notice, City shall pursue delinquent
collections of unpaid notices with an existing contractor or ATS.
2.4.7 Any potential, one-time, direct costs to ATS to develop an interface with the Court system
will be initially paid by ATS and any such cost will be reimbursed to ATS from collected
revenues in addition to the Fees in EXHIBIT A, Service Fee Schedule 1.
2.5 INFORMATION TECHNOLOGY DEPARTMENT OPERATIONS
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2.5.1 In the event that remote access to the Axsis™ System is blocked by City network security
infrastructure, City’s Department of Information Technology shall coordinate with ATS to
facilitate appropriate communications while maintaining required security measures.
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EXHIBIT C
ADDITIONAL CAMERA LOCATIONS
ATS shall make its best efforts to install additional Camera Systems within thirty (30) days of permits
being granted and power delivered for each agreed-upon location, providing that City has received
permission for all implementations in writing from any third-party sources.
Execution of this Agreement shall serve as written Notice to Proceed by City for the installation of Camera
Systems for all locations designated as follows:
Red Light Safety Camera Locations:
NB Park Ave N & Logan Ave N
WB Park Ave N & Logan Ave N
NB Talbot Road S & S Grady Way / SR515
SB Talbot Road S & S Grady Way / SR515
WB S Grady Way / SR515 & Talbot Road S
WB S Puget Dr / S 15th St & Talbot Road S / Benson Dr S / SR515
Fixed Site School Zone Speed Safety Camera Locations:
NB 144th Ave SE
SB 144th Ave SE (Jericho Ave)
Implementation and installation of any Approach or location is subject to Site Selection Analysis and
constructability analysis results and must be mutually agreed to by the parties.
Additional Approaches and locations may be selected in addition to the Approaches and locations listed
above and may be selected based on Site Selection analysis, collision history, input, community safety,
recommendations from City and a construction feasibility assessment. The Approaches and locations will
be designated by the City, which designation will be based upon City Staff review. Camera installations
will be based on mutual agreement by City and ATS and shall only be installed upon a written Notice to
Proceed (see Exhibit D).
Pursuant to RCW § 46.63.170(1)(a), prior to installation the City shall perform and prepare an analysis of
all the additional Approaches or locations within the jurisdiction where Camera Systems are proposed to
be located.
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EXHIBIT D
FORM OF NOTICE TO PROCEED
Reference is made to the Standard Professional Services Agreement by and between American Traffic
Solutions, Inc. (“ATS”) and ______________ (“City”), dated as of [date] (the “Agreement”). Capitalized
terms used in this Notice to Proceed shall have the meaning given to such term in the Agreement.
City hereby designates this [first] phase implementation of cameras at designated intersections. ATS shall
make its best efforts to install a Camera System within thirty (30) days of permits being granted and
power delivered for each agreed-upon Approach, providing that City has received permission for all
implementations in writing from any third-party sources.
Below is a list of locations provided by City, 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 City shall serve as authorization for the installation of Camera
Systems for all intersections designated as follows:
1) _________________________________________________
2) _________________________________________________
3) _________________________________________________
City understands that implementation and installation of any Approach or location is subject to Site
Selection Analysis and constructability results.
City recognizes the substantial upfront costs ATS will incur to construct and install the Systems for the
above listed intersection approaches or locations. City agrees that the Systems authorized by this Notice
to Proceed for the above-listed Approaches or locations shall remain installed and operational for the
duration of the current term of the Agreement. ATS reserves the right to bill City for any upfront costs
associated with the intersection approaches or locations listed above in the event City elects to cancel or
suspend the installation.
IN WITNESS WHEREOF, City has executed this Notice to Proceed as of the date written below.
CITY OF RENTON, WASHINGTON
By:
Name:
Title:
Date
ACKNOWLEDGED AND AGREED TO BY:
AMERICAN TRAFFIC SOLUTIONS, INC.
By:
Elizabeth Caracciolo
Senior Vice President/General
Manager, Government Solutions
Date
AGENDA ITEM #1.
____________________________________________________________________________________
Confidential
Page 24 of 24
EXHIBIT E
DMV SERVICES SUBSCRIBER AUTHORIZATION
Agency ORI: _____________
DATE
NLETS
1918 W. Whispering Wind Dr.
Phoenix, AZ 85085
Attn: Steven E. Correll, Executive Director
Re: Authorization for American Traffic Solutions, Inc. to Perform MVD Inquiry
Dear Mr. Correll:
Please accept this letter of acknowledgement that an Agreement to perform automated enforcement
between _______________________________ and American Traffic Solutions, Inc. is or will be entered
into and will be or is in force. As a requirement of and in performance of that Agreement between
__________________________________ and American Traffic Solutions, Inc., it will be necessary for
American Traffic Solutions, Inc. to access NLETS motor vehicle data.
Please accept this letter as authorization from ____________________________ for American Traffic
Solutions, Inc. to run motor vehicle inquiries. This authorization is and will be in effect for the term of our
Agreement with NLETS and any subsequent renewals.
This authorization will automatically expire upon the termination of the Agreement between
_________________________________and American Traffic Solutions, Inc., and, such authorization is
limited to violations detected by the automated enforcement camera systems. By completing the
information below and signing this letter, I am stating that I am a member of the
_________________________________and have the authority to empower American Traffic Solutions,
Inc. to use ORI ____________________for this function.
SUBSCRIBER INFORMATION
Subscriber Agency/Name
NLETS Agency ORI
Name/Title of Authorized
Representative
Mailing Address
Telephone Fax
Email
Signature of Authorized
Representative
Date Signed
AGENDA ITEM #1.
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1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING RMC
SECTIONS 6‐6‐1, 6‐6‐4, AND 6‐5‐6, REPEALING RMC SECTION 6‐6‐3, AND ADDING
A NEW RMC SECTION 6‐6‐13, “ENFORCEMENT AND PENALTIES,” ALL TO CLARIFY
OWNERS’ RESPONSIBILITY TO CONTROL THEIR ANIMALS, INCLUDING MAKING
ANIMAL OWNERS STRICTLY LIABLE FOR THEIR ANIMALS BEING AT LARGE AND
STRENGTHENING PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Renton prioritizes the safety, security, health, and welfare of its
residents, visitors, and animals;
WHEREAS, animals that are not kept under control by their owners negatively impact the
safety, security, health, and welfare of its residents, visitors, and animals; and
WHEREAS, to protect the safety, security, health and welfare of the City’s residents,
visitors, and animals, this ordinance imposes strict liability for those that fail to control their
animals;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Section 6‐6‐1 of the Renton Municipal Code is amended as follows:
6‐6‐1 UNLAWFUL TO RUN AT LARGE CONTROL OF ANIMALS OFF OWNER
PREMISES:
It shall be unlawful for any horses, cattle or other domestic animals, except for
dogs and cats, to run at large on any street, alley or public place or to trespass
upon any private property within the limits of the City; and it shall be unlawful for
the owner of any such animal or any person who has control of the animal or to
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whom custody of the same has been entrusted, to permit the same to run at large
contrary to the provisions of this Chapter. A violation of this Section shall
constitute a civil infraction punishable by a fine of up to $250, not including costs.
A. Animal at Large: An Owner is in violation of this Section if his or her Animal
is At Large. This subsection does not apply to (a) cats, or (b) dogs in an Off Leash
Dog Park so long as the dog and Owner are in compliance with all other applicable
rules and regulations. If the Animal is a Vicious Animal or has previously been
declared a Dangerous or Potentially Dangerous Dog, the violation is punishable as
a misdemeanor. Other violations of this subsection are punishable as an
infraction.
B. Injury Caused By Animal At Large: An Owner is in violation of this Section
if, while his or her Animal is At Large, the Animal (a) physically injures a person or
domestic animal or (b) causes monetary damage to another person’s real or
personal property. A violation of this subsection is punishable as a misdemeanor.
C. Affirmative Defense: This Section is intended to impose strict liability
upon Owners without requiring the City to prove intent, knowledge, recklessness,
or negligence. However, an Owner may avoid a committed or guilty finding for
violations of this Chapter if the Owner proves as an affirmative defense by a
preponderance of the evidence that he or she took such precautions that were
within his or her control to prevent the violation as would a reasonable person in
the same or similar circumstances knowing what the owner knew or should have
known at the time about the animal’s disposition, past behavior and other
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relevance circumstances. It is not, by itself, an affirmative defense for an Owner
to establish that he or she was not present or that the animal was on a leash at
the time of the violation. Multiple Owners may be charged with violating this
Section for the same occurrence.
SECTION II. Section 6‐6‐3 of the Renton Municipal Code is repealed in its entirety and
shall be marked “Reserved,” as follows:
6‐6‐3 FOWL AT LARGE:[RESERVED]
It shall be unlawful for any person to allow or permit any chicken, pigeon or other
domestic fowl owned or in the custody or control of said person, to run at large in
the City. The number of fowl permitted on a lot shall be consistent with RMC 4‐4‐
010, Standards for Animal Keeping Accessory to Residential/Commercial Uses.
Violations of this Section shall constitute a civil infraction punishable by a fine of
up to two hundred fifty dollars ($250.00), not including costs.
SECTION III. Section 6‐6‐4 of the Renton Municipal Code is amended as follows:
6‐6‐4 DEFINITIONS:
For the purpose of this Chapter the following definitions shall be controlling:
A. ANIMAL: Any nonhuman mammal, bird, reptile or amphibian.
B. ANIMAL CONTROL AUTHORITY: An entity acting alone or in concert with
other local governmental units for enforcement of the animal control laws of the
City, County and State, and the shelter and welfare of animals.
C. ANIMAL CONTROL OFFICER: Any individual employed, contracted with or
appointed by the City for the purpose of aiding in the enforcement of this Chapter
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or any other law or ordinance relating to the licensure of animals, or seizure and
impoundment of animals, and includes any State or local law enforcement officer
or other employee whose duties in whole or in part include assignments that
involve the seizure and impoundment of any animal.
D. AT LARGE: An animal is “At Large” when it is (a) outside a premises owned
or controlled by the animal’s owner and (b) not Under Control.
E. DANGEROUS DOG: Any dog that: (a) inflicts or has inflicted severe injury or
death on a human being without provocation on public or private property, (b)
inflicts or has inflicted severe injury or death on a domestic animal without
provocation while the dog is off the owner’s property, (c) has been previously
found to be potentially dangerous because of injury inflicted on a human, the
owner having received notice of such and the dog again aggressively bites, attacks
or endangers the safety of humans, or (d) has been adjudicated as a dangerous
dog elsewhere in this state or any other state.
F. DOMESTIC ANIMAL: An animal that is lawfully owned or harbored by a
person.
G. OFF‐LEASH DOG PARK: A specifically designated area within the confines
of a City‐owned public park which allows dogs to run or roam without being
leashed, as long as their owner, handler or custodian is nearby within the park
premises.
H. OWNER: Any person or legal entity who (a) harbors, keeps, causes or
permits an animal to be harbored or kept, (b) has an animal in his/her possession
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or custody, (c) permits an animal to remain on or about his/her premises, or (d)
who has legal title to an animal., firm, corporation, organization or department
possessing, harboring, keeping, having an interest in or having control or custody
of an animal.
I. POTENTIALLY DANGEROUS DOG: Any dog that when unprovoked: (a)
inflicts bites on a human or a domestic animal either on public or private property,
or (b) chases or approaches a person upon the streets, sidewalks or any public
grounds in a menacing fashion or apparent attitude of attack, or any dog with a
known propensity, tendency or disposition to attack unprovoked, to cause injury,
or to cause injury or otherwise to threaten the safety of humans or domestic
animals.
J. PROPER ENCLOSURE OF A DANGEROUS DOG: While on the owner’s
property, a dangerous dog shall be securely confined indoors or in a securely
enclosed and locked pen or structure, suitable to prevent the entry of young
children and designed to prevent the animal from escaping. Such pen or structure
shall have secure sides and a secure top, and shall also provide protection from
the elements for the dog.
K. SEVERE INJURY: Any physical injury that results in broken bones or
disfiguring lacerations requiring multiple sutures or cosmetic surgery.
L. UNDER CONTROL: For an animal to be “under control,” it must be (a)
restrained by leash or other method that effectively restrains the animal from
approaching, chasing, jumping upon, or lunging at any person, moving vehicle, or
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other domestic animal, except as welcomed by invitation or mutual play, (b)
restrained from entering private property or public property where such animal is
not authorized, and (c) restrained from causing damage or injury to property,
other animals, and/or persons.
M. VICIOUS ANIMAL: An animal other than a , including but not limited to a
dog that displays, that the Owner knows or should know has displayed the
characteristics or propensity to do an act that, if left At Large, might endanger the
safety of a person, animal, or property of another, including but not limited to a
disposition to mischief or fierceness as might occasionally lead to attack on human
beings or other animals without provocation, whether in play or an outbreak of
an untrained nature.
SECTION IV. Section 6‐6‐5 of the Renton Municipal Code is amended as follows:
6‐6‐5 DOGS AT LARGE; REQUIREMENT OF LEASH OR CHAIN ADDITIONAL
VIOLATIONS:
It shall be a violation of this Chapter for any Owner:
A. It shall be unlawful for any owner or custodian to cause, permit or allow
any dog owned, harbored, controlled or kept by him in the City to roam, run or
stray away from the premises where the same is owned, harbored, controlled or
kept, except that while away from said premises such dog shall at all times be
controlled by means of a leash or chain not exceeding eight feet (8') in length by
the owner or some duly authorized and competent person, or is at heel of such
owner or custodian, such control to be exercised by such owner or custodian or
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other competent authorized person. “At heel” shall mean that the dog shall be
immediately at the owner’s or custodian’s heel; provided, however, that such
leash or chain is not required for any dog when otherwise safely and securely
confined or completely controlled while in or upon any vehicle. Furthermore, this
section shall not apply to dogs which are in special areas designated by the City as
dog training areas and/or designated off‐leash parks, and as long as the
regulations of the City, or its authorized representative, with respect to the use of
such areas are complied with and said dogs are under the custody and control of
a competent trainer. A violation of this Subsection shall constitute a civil infraction
punishable by a fine of up to $250, not including costs.
B. It shall further be unlawful for any owner or custodian:
1. To suffer or permit any animal, reptile or fowl to trespass upon private
or public property so as to damage, disturb, injure, destroy or soil any property or
thing of value. A violation of this Subsection shall constitute a civil infraction
punishable by a fine of up to $250, not including costs.
2. To permit a dog to run at large within the City at any time without a
license as provided in Chapter 5‐4 RMC. A violation of this Subsection shall
constitute a civil infraction punishable by a fine of up to $250, not including costs.
3. To permit any animal, whether licensed or not, to run at large in any
public park (other than a specifically designated off‐leash area of a public park),
public beach, pond, fountain, stream, public playground, school ground or any
other public facility permitting swimming and/or boating activities; provided,
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however, that this section shall not prohibit a person from walking or exercising a
dog in a public area, except on any public beach, pond, stream or similar facility
which permits swimming and/or boating activities, when such dog is on a leash or
otherwise under the immediate control of its owner or custodian and proper
safeguards are taken to protect the public and property from injury or damage
from said dog. The Park Director is hereby authorized and directed to post such
areas as hereinabove set forth. A violation of this Subsection shall constitute a civil
infraction punishable by a fine of up to $250, not including costs.
4. To permit any animal to enter any place where food is stored,
prepared, served or sold to the public or any other public building or hall;
provided, however, that this Subsection shall not apply to service dogs, blind
persons using a trained seeing eye dog, veterinary offices or hospitals, or to animal
shows or exhibitions where at least twenty four (24) hours’ advance notice has
been given to the agency designated herein to enforce the provisions of this
Chapter. A violation of this Subsection shall constitute a civil infraction punishable
by a fine of up to $250, not including costs.
5. To permit any female dog, whether licensed or not, to run at large
while in heat. A female dog will be prohibited from entering any designated off‐
leash area of a public park during the period in which the dog is in heat. A violation
of this Subsection shall constitute a civil infraction punishable by a fine of up to
$250, not including costs.
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6. To permit any dog to chase, run after or jump at vehicles using the
public streets and alleys. A violation of this Subsection shall constitute a civil
infraction punishable by a fine of up to $250, not including costs.
A. 7. To keep or harbor any dog, cat or other animal or fowl whether licensed
or not, that emits habitual howling, yelping, barking or other frequent, long, or
continued noise that would disturb a reasonable person. The first or second
violation of this Subsection shall constitute a civil infraction punishable by a fine
of up to $250, not including costs. Any subsequent violation of this Subsection
shall constitute a misdemeanor in accordance with RCW 9A.20.021(3), as now or
hereafter amended.
B. 8. To keep, harbor or maintain any dangerous dog, potentially dangerous
dog, or vicious animal in a manner which may or does endanger the safety, health
and well being of persons or the safety of property being or located off the
owner’s or custodian’s premises or lawfully on said premises. A violation of this
Subsection shall constitute a misdemeanor in accordance with RCW 9A.20.021(3),
as now or hereafter amended.
9. To allow a dangerous dog, potentially dangerous dog, or vicious animal
to run at large at any time, or allow such dog or animal off the owner’s or
custodian’s premises unless securely leashed and in the control of a person of
suitable age and discretion to control and/or restrain such dog or animal at all
times. A violation of this Subsection shall constitute a misdemeanor in accordance
with RCW 9A.20.021(3), as now or hereafter amended.
AGENDA ITEM #2. a)
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C. Any dog doing or performing any of the acts prohibited in this Section is
hereby declared to be a public nuisance and such animal may be seized and
impounded by the City’s Animal Control Officer, or its duly designated
representative.
D. This Section shall not apply to police animals while being exhibited,
exercised or used in discharging or attempting to discharge any lawful duty or
function or power of office, by any bona fide officer or representative of such
officer, or any police agency.
SECTION V. Chapter 6‐6 of the Renton Municipal Code is amended to add a new
section 6‐6‐13, to read as follows:
6‐6‐13 ENFORCEMENT AND PENALTIES:
A. Public Nuisance: All violations of this Chapter are declared a public
nuisance and may, in addition to penalties provided herein, be enforced as a code
violation under the authority of Chapter 1‐3 of the Renton Municipal Code. The
code compliance inspector has authority to order the owner of any animal to take
steps necessary and appropriate to abate the nuisance and prevent any continuing
or repeated violations of this Chapter.
B. Penalties: Except as otherwise specified, any violation of this chapter shall
be punishable as a civil infraction. Violations identified herein to be misdemeanors
are punishable as provided in RMC 1‐3‐1.
C. Police Animals Exempt: This Chapter shall not apply to police animals
while being exhibited, exercised or used in discharging or attempting to discharge
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any lawful duty or function or power of office, by any bona fide officer or
representative of such officer, or any police agency.
SECTION VI. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION VII. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1980:8/2/17:scr
AGENDA ITEM #2. a)