HomeMy WebLinkAboutRes 09-26 Amending the Agreement with Traffipax for Red Light CamerasTOWN OF WESTLAKE
RESOLUTION NO. 09-26
APPROVING AMENDMENT NO. 1 TO A PREVIOUSLY APPROVED AGREEMENT
WITH TRAFFIPAX FOR THE PROVISION OF EQUIPMENT, PROCESSING, AND
RELATED SERVICES TO ENABLE THE TOWN OF WESTLAKE TO USE RED
LIGHT CAMERA SYSTEMS AND SPEED ENFORCEMENT SYSTEMS TO ENFORCE
THE TOWN OF WESTLAKE TRAFFIC LAWS WHERE PERMISSIBLE.
WHEREAS, the Town of Westlake desires to maintain a safe environment for motorists
and pedestrians utilizing Westlake streets and thoroughfares; and
WHEREAS, the Board of Aldermen adopted Section 90-53 of the Code of Ordinances to
itemize all approved traffic control signals used on Town intersections; and
WHEREAS, the Board of Aldermen approved Resolution No. 07-53 approving a
contract with Traffipax for provision of equipment, processing and related services to enable the
Town to make certain intersections more safe through red light running camera enforcement as
well as held a public hearing on red light camera enforcement on October 22, 2007; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1. All matters stated in the Recitals above are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
SECTION 2. The Town Council of the Town of Westlake, Texas, hereby approves the
Amendment No. 1 to the contract with Traffipax previously approved by the Board of Aldermen
on August 27, 2007, attached as Exhibit "A", for equipment, processing, and related services to
enable the use of red light camera systems and speed enforcement systems; and further
authorizes the Town Manager to execute the amendment on behalf of the Town of Westlake,
Texas.
PASSED AND APPROVED ON THIS 28" DAY OF MAY 2009.
ATTE
Laura Wheat, Mayor
K -M x
Kin. Sutter fRMC, Town Secretary Thomas E. B 11 wn Manager
APPR0 hS TO -ORM:
TovyxfAttorney
t(i1pax
YAAFFIC SAFETY SYSTEMS
September 9, 2009
Ms. Ginger R Awtry
Assistant to the Town Mayor
Town of Westlake
Dear Ms. Awtry,
As you are aware, we believed that the installation of the red light cameras would reduce red
light runners and accidents within the City of Westlake's intersections. Unfortunately we cannot
find any sites where it makes economical sense to do so.
The contract was signed on August 27, 2007. In January 2008, violation counts at 20 potential
red light camera locations were undertaken; the results showed 4 (of the 20) locations as
potential candidates. Since that time, we have moved forward with the review of the city -
provided accident data, met with TXDot several times, performed the site surveys, created the
engineering drawings, obtained permits and contracted with a local construction company. As it
had been a nearly 18 months since the original violations counts, we scheduled a follow-up
count. On July 9th, 2009 the counts were completed. The results suggest the program will no
longer support itself.
Our program was designed to ensure the Town of Westlake had no out of pocket expenses to
build or run your red light camera program; all of the upfront costs are incurred by Traffipax. We
do not believe that our projected monthly revenue will be enough to cover the amortized costs,
our monthly maintenance costs and processing fees.
Therefore, it is with great regret TrafFipax wishes to terminate this contract based on Article 4:
Change of Location In the event that the City and Contractor can not agree on an alternative
plan which allows profitable operation of the system, the Contractor reserves the right to
suspend installation of additional equipment and/or discontinue the program and remove the
hardware, forfeiting the termination outlines in Article 10.
Please contact me with any questions regarding this letter.
Sincerely,
Denise Andrieux
Program Manager
Amendment #1 to the Agreement between the
Town of Westlake, Texas, and Traflipax, Inc. for Photo Enforcement Services
THIS AGREEMENT ("Agreement"), made and entered into this 28th day of May, 2009, is by and between the
Town of Westlake, Texas (hereinafter "TOWN"), a municipal Corporation located in Tarrant County and
Traffipax, Inc. (hereafter "CONTRACTOR") a corporation organized under the laws of the State of Maryland
and authorized to do business in Texas.
Whereas, the TOWN and CONTRACTOR originally entered into a contract (herinafter "PHOTO
ENFORCEMENT CONTRACT") whereby the CONTRACTOR will provide the equipment, processing and
other services to enable it to use red light camera systems and speed enforcement systems (hereinafter
collectively "SYSTEM") to enforce the TOWN's traffic laws where permissible,
Whereas, the PHOTO ENFORCEMENT CONTRACT was passed and approved by the Town of Westlake on
the 27'' day of August, 2007.
Whereas, the TOWN and CONTRACTOR now desire to amend such PHOTO ENFORCEMENT CONTRACT,
by deleting ARTICLE 9.1, 9.2, and 9.4, and replacing said sections with the following language:
9.1 Term: The term of this AGREEMENT commenced on August 27, 2007, and shall continue until August 27,
2032, ("TERM') unless terminated sooner as provided herein. Notwithstanding anything herein, to the
contrary, the TOWN may terminate this AGREEMENT, with or without cause, beginning August 27, 2012, by
giving 90 days written notice to CONTRACTOR. This AGREEMENT shall automatically terminate without
notice by either party, without cost or liability to the TOWN, if subsequent Federal or State legislation, or any
final decision of a court of competent jurisdiction, declares or renders this AGREEMENT, or the acts authorized
by this AGREEMENT, invalid, illegal, or unenforceable.
Whereas, all other terms and conditions of the PHOTO ENFORCEMENT CONTRACT, not hereby amended,
shall remain in full force and effect.
Westlake, Texas
APPROVED:
U
Laura Wheat, Mayor Date
Thomas E.IBryr�d, Vown Managed' bate
AE S i
4ifjSUtkte-f TRMC, Town Secretary Date
Trafffpax, Inc.
APPROVED:
Stuart Mackiernan, President & CPO Date