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AG 08-126 ,------- RETURN TO; CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: ----'3N.M (., 2. 4. 5. 6. ORIGINATING STAFF PERSON: 3. DATE REQ. BY: EXT: TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT o SECURITY DOCUMENT (E.G. AGREEMENT & PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) o CONTRACT AMENDMENT AG#: o CDBG ~ OTHER M OV (LESS THAN $200,000) o PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT PROJECTNAME:~nt Pnl\to ~v~T NAME OF CONTRACTOR: J.rrnv;1GJ. V) TI/D.ttlc> Sju.l"lon S ADDRESS: lloSf1 E:.. ~o..~ ~ I :xot1!;ch\~ rh-'i ZDI'1a SIGNATURE NAME: tf;h u X'52100 TELEPHONE 4ro~4Lf~-7000 TITLE Ei-ffi.t111J{ V P 1 coo 7. ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENTDATE:~O$5" COMPLETION DATE: U?,Vl ie.-MinlL-tin(l 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY o PURCHASING: PLEASE CHARGE TO: 10. 11. CONTRACT REVIEW o PROJECT MANAGER o DIRECTOR o RISK MANAGEMENT (iF APPLICABLE) o LAW INITIAL/DATE APPROVED INITIAL/DATE APPROVED CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVED .x LAW DEPARTMENT ., fhtt) Cf/2(5 )( CITY IvIA.l~AGf!:It Mldt\ae\ V\OiCfY' ,Yf~Vl1 f..AfM lO // )(CITYCLERK jl.l~ ~ \D,:J;.~ )( SIGN COPY BACK TO ORGINATING DEPT. . lO. 3' . )( ASSIGNED AG# O'&~ l2-lP INITIAL/DATE APPROVED COMMENTS 07/05 ...-sl American ,~ Traffic Solutions" ~~~-~~~------------------------------------------------ 01"/;';;/ 480.443.7000 _ Fax: 480.596.4501 _ www.atsol.com _ 7681 East Gray Road _ ScottsdaJ,e,~ 85260 ~, ,.", \ \,-,,< \ '. . September 19, 2008 ./rr/'(\? \\ .,' /'/~? <~:J1 \':~,/"'" ~\<~ ~~ .\/ ~,~( \ ". rv'( f.-. \<:S 0..... \\\ \, \' \ \ Mr. Aaron Walls Deputy City Attorney Federal Way, Washington 33325 8th Avenue South Federal Way, WA 98003 RE: Memorandum of Understanding between City of Federal Way Municipal Court and American Traffic Solutions Inc. Dear Aaron: Enclosed is the original partially-executed above-referenced Memorandum of Understanding signed by Adam Tuton, Executive Vice President, COO on behalf of American Traffic Solutions. Please return our fully-executed copy of the Memorandum of Understanding to the following address: Mr. Adam Tuten American Traffic Solutions 7681 East Gray Road Scottsdale, AZ 85260 Please let me know if you have any questions or if I may be of further assistance. Very truly yours, American Traffic Solutions, Inc. Un a Welsch Executive/Legal Assistant to Adam Tuton, Executive Vice President, COO Enclosures MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF FEDERAL WAY MUNICIPAL COURT AND AMERICAN TRAFFIC SOLUTIONS, INC. THIS MEMORANDUM OF UNDERSTANDING ("MOU") made and entered into on thiS.J# day of sar~!', 2008, by and between the Federal Way Municipal Court (the "Court") and American Traffic Solutions, Inc., (the "Consultant"). WHEREAS, the City of Federal Way ("City") and Consultant previously entered into a contract on March 28, 2008 for services provided by Consultant to City for photo traffic enforcement services (the "Contract"); WHEREAS, the Court is obligated by law to adjudicate traffic infractions, induding photo enforcement citations issued under the authority of RCW 46.63.170 and the Contract; WHEREAS, adjudication of traffic infractions involve certain administrative duties of the Court, including processing citations, scheduling hearings, and receipt and collection of funds paid as fines and costs; WHEREAS, the Court desires that Consultant perform the above stated administrative functions for photo enforcement proceedings; WHEREAS, the Consultant acknowledges consideration has been received in its original contract with the City, and enters this MOU to provide more specific terms and further mutual agreements regarding services provided to the Court, especially Section 1.3 and Section 2.4 of the original Scope of Work ("Exhibit A") of the Contract; WHEREAS, the Court should have a separate independent agreement with Consultant to maintain the highest standards of judicial independence. NOW, THEREFORE, the parties do mutually agree as follows: 1. The Consultant shall perform services for the Court pursuant to this MOU and the Contract. This MOU supersedes paragraphs 2.4.2, 2.4.4, 2.4.8, and 2.4.9 of "Exhibit A" of the Contract, and any other provisions of the Contract or Scope of Work that are inconsistent with this MOU as to the agreements between the Court and the Consultant. All other provisions of the Contract are unaffected by this agreement. The Court and the Consultant will jointly create business rules to govern operational procedures which the parties will follow to the extent that the do not conflict with this MOU. 2. Consultant shall receive and record the acceptance of photo enforcement Notices of Infraction from law enforcement. Acceptance of a Notice of Infraction by law enforcement constitutes the date of issuance. Consultant will make the issued Notices of Infractions available to the Court electronically. The Court will download the Notices of Infraction each court day. Date offiling pursuant to IRLJ 2.2(d) will be the date the Court downloads said documents. 3. The Court shall have access to Consultant's records regarding pending matters at all stages of the proceedings. The Consultant shall make available to the Court during normal business hours, and as the Court deems necessary for audit and copying, all of the Consultant's records and documents with respect to all matters covered by this MOU, induding receipts and accounting records. 4. Consultant will receive and process declarations of non-responsibility. If the Court receives a declaration the Court will mail it to Consultant for processing. There is no additional fee for these services. 1 5. Consultant shall schedule hearings as requested by defendants on the dates and times provided by the Court. On a daily basis (or as otherwise agreed), the Court shall enter court decisions (notice of decision) on citations into ATS Axsis™ with daily updates of all citation dispositions. 6. Consultant shall collect all payments for fines, penalties, and costs from defendants (user fee) at all stages of the proceedings. Consultant shall operate an electronic payment portal for the purposes of accepting debit card, electronic check (ACH) and Visa and Mastercard credit card payments over the internet. There is no additional fee to the Court (or City) for this service, but a convenience fee of $4.00 shall be added to the user fee. Consultant is authorized to use customary methods to collect unpaid amounts where the criteria for collection are met. Consultant may use a subcontractor as a collection agency for this purpose. An additional court fee of $25 shall be added to the user fee in matters referred to collection. No additional fee will be charged by Consultant for Skip Tracing Services. Specific collections rates will be negotiated by change order. 7. Consultant shall forward all payments for fines, penalties, and costs to the Court for further processing pursuant to RCW 3.50.100. 8. The Court does not acquire jurisdiction until the Notice of Infraction is filed. Once a Notice of Infraction is filed, the Consultant (or City) may request that the court authorize dismissal of pending matters by periodically providing a list of the cases sought to be dismissed, the identifying case number(s), and the reason for dismissal. The decision to submit a request to dismiss or amend a pending matter based upon a declaration of non-responsibility shall be made by the City and Consultant. Nothing herein prevents a judge from finding that the defendant was not the driver of the vehicle after considering evidence at a hearing. Consultant shall notify each defendant of the dismissal of the allegations against them once the court approves a dismissal. The decision to administratively terminate or discontinue any citation prior to filing is to be made by Consultant and the City, not the Court. 9. Consultant, at its sole cost and expense, shall comply with and obey all federal, state and local laws, regulations, court rules, and ordinances applicable to the operation of its business and to the performance of its services. The Court will seek input from Consultant on any proposed changes to local Federal Way court rules which affect the processing of photo enforcement matters. 10. The Consultant agrees to use only forms approved by the Court for all stages of the proceeding. 11. Consultant shall handle inbound and outbound phone calls and correspondence from defendants who have questions about court dates, scheduling, payments and other services provided by the Consultant. The Court may refer citizens with questions regarding ATS or Axsis technology and processes to websites and/or toll-free telephone numbers provided by ATS for that purpose. The Court shall handle all inbound and outbound phone calls and correspondence from defendants regarding final citation adjudication by the judge. 12. Contactor acknowledges judges acting within their judicial role are protected by judicial immunity and no cause of action against a judge shall accrue for the benefit of Consultant as a result of any decision made by a judge adjudicating a matter before him or her. 13. The term of this MOU shall be the same as that of the Contract. This MOU shall automatically terminate if the Contract is terminated. The Court may also terminate the MOU using the same processes provided in paragraph 6 of the Contract. Paragraphs 8, 15, 16, 17, 18,20,21,22,23,24,25, and 27 of the Contract shall apply to the Contractor and the Court under this MOU as they do to the Contractor and the City under the Contract. 2 IN WITNESS WHEREOF, the Court and Consultant have executed this Agreement as of the date first above written. The Court City Of Federal Way Municipal Court The Consultant :erica:7ons.INC Adam E. Tuton Its Executiye Viye President I COO 9 /2.2 W Date ' I Date 3