HomeMy WebLinkAboutReso 2025-3832RESOLUTION NO. 2025 -��
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH
REDSPEED FLORIDA LLC FOR THE INSTALLATION OF ADDITIONAL RED LIGHT
CAMERAS, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED FORTY
THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($440,800.00),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on January 18, 2024, via Resolution No.: 2024-3600, the City Commission of
City of Sunny Isles Beach (the "City") approved an Agreement with RedSpeed Florida LLC (the
"Vendor") to provide equipment, licenses, and processes related to the purchase and
installation of red-light cameras ("Program") at various intersections throughout the City, in an
amount not to exceed $889,200.00; and
WHEREAS, the City staff recommends the installation of additional red-light cameras at
the intersections of 174th Street and Collins Avenue/State Road A1A, and 167th Street and
Collins Avenue/State Road A1A ("Additional Cameras"); and
WHEREAS, the Vendor has provided the City with a proposal for the Additional Cameras;
and
WHEREAS, the City Commission now wishes to approve a First Amendment to the
Agreement with the Vendor to provide Additional Cameras, in an amount not to exceed Four
Hundred Forty Thousand Eight Hundred Dollars and No Cents ($440,800.00), bringing the total
contract amount not to exceed One Million Three Hundred Thirty Thousand Dollars and No
Cents ($1,330,000.00) attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of First Amendment. The City Commission hereby approves a First
Amendment to the Agreement with the Vendor to provide Additional Cameras, in an amount
not to exceed Four Hundred Forty Thousand Eight Hundred Dollars and No Cents ($440,800.00),
bringing the total contract amount not to exceed One Million Three Hundred Thirty Thousand
Dollars and No Cents ($1,330,000.00) attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this resolution.
@BCL@8COFA8FC.doc Page 1 of 2 74
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 15th day
ATTEST:.
Mauricio Betancor, CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
1494-4.
Ad'a'in E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by:/- Seconded by:lwfans-
&/�/l(f%/T.V_�
Vote:
Mayor Svechin(Yes) (No)
Vice -Mayor Lama (Yes) (No)
Commissioner Joseph(Yes) (No)
Commissioner Stuyvesant -/ /(Yes) (No)
Commissioner Viscarra - (Yes) (No)
@BCL@8C0FA8FC.doc Page 2 of 2 75
S°p{ JY 5
°aFIRST AMENDMENT TO THE PROFESSIONAL SERVICES
1AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
�.
FBEACH AND REDSPEED FLORIDA, LLC
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THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT between the CITY OF SUNNY ISLES BEACH ("City") and REDSPEED
FLORIDA, LLC,,Vhose Federal Employer Identification (FEI) No. is 80-0218940 ("RedSpeed"),
executed this day of May 2025, is made a part of the original Agreement between the City
and RedSpeed, dated January 19, 2024, attached hereto as Exhibit "1" and incorporated herein by
reference. The City and RedSpeed hereby agree as follows:
1. ENFORCED APPROACHES. City and RedSpeed wish to amend Section 4 of the
Agreement, entitled "Enforced Approaches," and its corresponding Exhibit `B" to include the
following intersections as additional Enforced Approaches:
7. Collins Avenue Northbound and 174th Street.
8. Collins Avenue Southbound and 174th Street.
9. Collins Avenue Southbound and 167th Street.
10. Collins Avenue Northbound and 167th Street.
2. ADDITIONAL COMPENSATION. City and RedSpeed also wish to amend the
Agreement to provide additional compensation for the additional Enforced Approaches, in the
amount of Four Hundred Forty Thousand Eight Hundred Dollars and No Cents ($440,800.00). The
additional compensation provided herein will bring the total Agreement not -to -exceed amount to
One Million Three Hundred Thirty Thousand Dollars and No Cents ($1,330,000.00).
3. TERM AND TERMINATION. City and RedSpeed wish to also amend Section 5 of the
Agreement, entitled "Term and Termination" as follows:
For purposes of the additional Enforced Approaches identified in the First Amendment and
for calculating the term of the Agreement, the "Start Date" shall be the date of issuance of
the first Notice of Violation at any of the newly added intersections, unless otherwise
agreed upon in writing.
4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement shall remain in full force and effect.
5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment, including but not limited to Exhibit "1."
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
REDSPEED FLORIDA LLC — FIRST AMENDMENT Page 1 of 3
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
STATE OF T W -r; '�,A ;
COUNTY% i1kW) 9%
REDSPEED FLORIDA, LLC
`���BY: i
Robert Liberman, Manager
The foregoing instrument was acknowledged before me by means of W physical presence
or ❑ online notarization, this k*lt day of May, 2025, by Robert Liberman, as Manager of
RedSpeed Florida, LLC.
(SEAL)jiiv"�.., YESICARANGEI.OFF
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Commission # HH 283208
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Bonded through National Notary Assn.
Notary Public; State of Florida
(Signature of Notary Public)
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(Print, Type, or Stamp
Commissioned Name of Notary
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Personally Known , or Produced Identific tion X
Type of Identification Produced: L
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CMC, City Clerk
Department Head
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ka►
Alain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
REDSPEED FLORIDA LLC — FIRST AMENDMENT Page 2 of 3
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT 1
REDSPEED FLORIDA LLC — FIRST AMENDMENT Page 3 of 3
RedSpeed® Ftorida,LLC
PROFESSIONAL SERVICES AGREEMENT
"AGREEMENT"
January 19th, 2024
This AGREEMENT made this 19thday of January 2024, between RedSpeed Florida LLC, a
Florida Limited Liability Company authorized. to transact business in the State of Florida as RedSpeed
Florida LLC, (herein "REDSPEED"), with its principal place of business at 400 Eisenhower Lane North,
Lombard IL 60148, and the City of Sunny Isles Beach, a Florida municipal corporation (herein
"Customer"), with principal offices at 18070 Collins Ave 3rd floor, Sunny Isles Beach, FL 33160.
WITNESSETH:
WHEREAS RedSpeed has the exclusive knowledge, possession and ownership of certain
equipment, licenses, and processes referred to collectively as the "Intersection Photo Enforcement
System" (herein "IPE System"), and
WHEREAS, Customer desires to use the IPE System to monitor and enforce red light
violations, and may in the future, desire to monitor and enforce traffic speed or other traffic
movements and to issue citations for traffic violations; and
WHEREAS, on or about May 13, 2010, the Governor of the state of Florida signed
CS/CS/HB325 into law, resulting in the Law of Florida 2010-80 taking effect on July 1, 2010; and
WHEREAS, Law of Florida 2010-80, Sec. 316.0083, Fla.Stat. expressly authorizes
municipalities to use traffic infraction detectors to enforce certain provisions of Chapter 316 of the
Florida Statutes, subject to certain requirements; and
WHEREAS, the Customer's City Commission adopted Sec. 256-23, Code of Ordinances, which
authorizes the Customer's Traffic Safety Camera Program (TSCP) and authorizes the implementation
and operation of such; and
WHEREAS, the City of Sarasota issued Request for Proposal RFP No. 17-29DD, "Red Light
Enforcement," appended hereto as "Exhibit E," and on January 28, 2018, the City of Sarasota entered
into an Agreement with REDSPEED for an initial three (3) year term, terminating on April 30, 2021,
with the option to renew for three (3) additional one (1) year terms; and.
WHEREAS, the City of Sarasota has exercised its options to renew its Agreement with
REDSPEED through April 30, 2024;
WHEREAS, the Customer desires to enter into an agreement with REDSPEED, using the City
of Sarasota's solicitation information, and the REDSPEED's response thereto, to provide the Services
as described herein, and subject to the terms and conditions contained herein; and
WHEREAS, pursuant to the Customer's procurement code provisions, purchases made under
state, county or other governmental contracts, or competitive bids with other entities are exempt
from the City's competitive bidding procedures;
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RedSpee& Florida,LLC
TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
he and for other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Contractor and Customer agree as follows:
1. DEFINITIONS:
As used in this Agreement, the following words and terms shall, unless the context otherwise
requires, have the respective meanings provided below:
• "RedCheck" means web -based violation processing system used by Traffic Infraction
Enforcement Officer
• "Notice of Violation" or "Citation" means a citation or notice of violation or equivalent
instrument issued by a competent state or municipal law enforcement agent or agency or by
a court of competent jurisdiction relating to a violation documented or evidenced by IPE
System.
• "Person" or "persons" means any individual, partnership, joint venture, corporation, trust,
unincorporated association, governmental authority or political subdivision thereof or any
other form of entity.
• "Traffic Control Signal Monitoring System" or "Camera System" or "System" means an
electronic system that captures recorded images of Motor Vehicles entering an Intersection
against a red light Traffic Control Signal, or a photo -traffic monitoring device consisting of
one (1) rear camera, IR panel, and traffic monitoring device capable of accurately detecting
a traffic infraction on up to seven (7) contiguous lanes which records such data with one or
more images and video of such vehicle.
■ "Traffic Infraction Enforcement Officer" .means an employee of Customer's police
department who meets the qualifications of Section 316.640(5)(a) of the Florida Statutes.
• "Recorded Images" means photographic, electronic, digital or video images of a Motor
Vehicle recorded by a Traffic Control Signal Monitoring System and establishing a time
sequence of the Motor Vehicle entering the Intersection.
• "Intersection" means: (1) The area embraced within the prolongation or connection of the
lateral curb lines; or, if none, then the lateral boundary lines of the roadways of two (2)
highways that join one another at or approximately right angles; or, the area within which
vehicles traveling upon different highways joining at any other angle may come in conflict.
(2) Where a highway includes two (2) roadways thirty (30) feet or more apart, then every
crossing of each roadway of such divided highway by an intersecting highway shall be
regarded as a separate Intersection. In the event such intersecting highway also includes two
(2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such
highways shall be regarded as a separate Intersection.
• "Motor Vehicle" means any self-propelled vehicle not operated upon rails or guide -way, but
not including any bicycle, motorized scooter, or electric personal assisted mobility device.
• "Approach" is defined as one direction of travel of one or more lanes on a road or a traffic
intersection up to five (5) contiguous lanes controlled by up to two (2) signal phases.
• "Red Light Traffic Control Signal Violation" means an offense whereby a Traffic Control
Signal Monitoring System establishes that a Motor Vehicle entered an Intersection controlled
by a Traffic Control Signal at a time when the Traffic Control Signal for such vehicle's direction
of travel was red.
■ "Owner" means the person or entity identified by the Florida Department of Motor Vehicle,
or other state vehicle registration office, as the registered owner of a vehicle. Such term shall
also mean a lessee of a Motor Vehicle pursuant to a lease of six (6) months or more.
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REdSpee& Florida,LLC
• "Traffic Control Signal" means any device that shows green, yellow and red lights or colored
lighted arrows, successively, one at a time, or in combination, by which traffic is directed to
stop and permitted to proceed.
• "Unamortized Costs" means the historical cost of a fixed asset less the total depreciation
shown against that asset up to a specified date. Unamortized costs for this Agreement may
include, but not limited to training, design/engineering, construction, development,
equipment.
■ "Violation" means a violation of Section 316.074(1) or 316.075(1)(c)I of the Florida Statutes
and Section 256-25 of Customer's Code of Ordinances, as may be amended from time to
time.
• "Uniform Traffic Citation" means a uniform traffic citation as described in Section 316.650
of the Florida Statutes
2. REDSPEED AGREES TO PROVIDE:
The scope of work identified in "Exhibit A, Section 1"
3. CUSTOMER AGREES TO PROVIDE:
The scope of work identified in "Exhibit A, Section 2"
4. ENFORCED APPROACHES
The list of enforced approaches is defined in "Exhibit B".
5. TERM AND TERMINATION:
This contract shall be effective on the signature date above. The term of this Agreement shall be for
thirty-nine (39) months beginning on the date of issuance of the first Notice of Violation (the "Start
Date") and may be extended for up to five (5) additional one (1) year periods providing both Customer
and RedSpeed agree to the extension. However, Customer may terminate this Agreement at the
expiration of any term by providing written notice of its intent not to extend the Agreement 120 days
prior to the expiration of the current term.
The Contractor's services may be terminated:
a) By mutual written consent of the parties;
b) For cause, by either party where the other party fails in any material way to perform its
obligations under this Agreement. Termination under this subsection is subject to the
condition that the terminating party notifies the other party of its intent to terminate, stating
with reasonable specificitythe grounds therefore and the other party fails to cure the default
within thirty (30) days after receiving notice.
c) For convenience, by either party in the event that state legislation or a decision by a court of
competent jurisdiction that prohibits the deployment of the Traffic Control Signal Monitoring
Systems that is the subject of this Agreement. Upon termination of this Agreement, the
parties recognize that Customer will have to process traffic law violations in the "pipeline,"
and that REDSPEED accordingly must assist Customer in this regard. Accordingly, the parties
shall take the following actions, and shall have the following obligations, which survive
termination: Customer shall cease using the Camera System, shall return or allow REDSPEED
to recover all provided equipment within a reasonable time not to exceed ninety (90) days)
and shall not generate further images to be processed. REDSPEED shall provide Customer
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RedSpeed® Florida,LLC
with all revenues owed to Customer accruing prior to the date of termination and REDSPEED
shall be entitled to its fees pursuant to this Agreement, from said accrued revenues provided
to Customer.
d) For convenience of Customer, as the Customer reserves the right, in its best interest as
determined by the Customer, to terminate by giving written notice to REDSPEED thirty (30)
days prior to the effective date of such termination. If the Customer elects to terminate the
agreement under this subsection after the initial twelve (12) months of this Agreement being
in effect, the Customer shall owe nothing to REDSPEED. If, however, the Customer elects to
terminate this agreement under this subsection within the initial twelve (12) months of thie
Agreement being in effect, Customer shall pay termination costs related to winddown and
unamortized costs of system installation, implementation, and equipment depreciation. In a
termination pursuant to this section during the first thirty-six months of the Agreement,
REDSPEED shall be required to provide complete documentation to support its total
investment in each approach, including specific documentation relative to the total cost of
each Camera System and related equipment, labor and installation costs and any other costs
specific to each approach. The reimbursement shall then be determined by establishing the
total cost of each approach, which shall not exceed $100,000 per camera system, which
amount shall be divided by thirty-six (36) months, which shall then be multiplied by the
number of whole months remaining in the term of this Agreement. This amount may be more
than service fees paid.
Example: If there was only one camera and the Agreement terminated in month 30
of the 36 month amortization schedule, the termination fee on that camera would
be calculated as follows: $100,000 / 36 = $2,777.78 times 6 months remaining
$16,667 due.
Upon termination of this Agreement, either for breach or because it has reached the end of
its term, the parties recognize that the Customer will have to process traffic law violations in
the "pipeline," and that REDSPEED accordingly must assist the Customer in this regard.
Accordingly, the parties shall take the following actions, and shall have the following
obligations, which survive termination during the winddown period: The Customer shall
cease using the IPE System, shall return or allow REDSPEED to recover all provided equipment
within a reasonable time not to exceed ninety (90) days, and shall not generate further
images to be processed. Unless directed by the Customer not to do so REDSPEED shall
continue to process all images taken by the Customer before termination and provide all
services associated with processing in accordance with this Agreement, and, except for
terminations after the initial twelve (12) months of this Agreement, REDSPEED shall be
entitled to all Fees specified in the Agreement as if the Agreement were still in effect,
6. 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. Provided, however, that the
Customer hereby acknowledges and agrees that delivery and performance of REDSPEED's rights
pursuant to this Agreement shall require a significant investment by REDSPEED's, and that in order
to finance such investment, REDSPEED may be required to enter into certain agreements or
arrangements including, but not limited to, acknowledgments and/or consents with equipment
lessors, banks, financial institutions or other similar persons or entities. The Customer hereby agrees
that REDSPEED shall have the right to assign, pledge, hypothecate or otherwise transfer its rights to
the equipment but not the service provided under this Agreement, to any of the aforesaid financial
institutions without the Customers prior written approval. Customer further acknowledges and
agrees that in the event that REDSPEED provides any such acknowledgment or consent to Customer
for execution, and in the event that the Customer fails to execute and deliver such acknowledgment
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REdSpee& Florida,LLC
or consent back to REDSPEED within ten (10) calendar days after its receipt of such request from
REDSPEED to execute such acknowledgment or consent, the Customer shall be deemed to have
consented to and approved such acknowledgment or consent.
7. FEES AND PAYMENT:
Customer shall pay for all equipment, services and maintenance based on the fee schedule indicated
in Exhibit A, Schedule 1, ("Fees").
The Customer shall pay all fees due REDSPEED based upon invoices from the preceding month within
net forty-five (45) days after the date of satisfactory delivery at the place of acceptance and receipt
of correct invoice at the office specified, whichever occurs last. Late payments are subject to interest
calculated in accordance with the Florida Local Government Prompt Payment Act, Section,218.70,
Florida Statutes (2009), as may be amended or revised, on unpaid balances.
Unit prices will be fixed for the first thirty-nine (39) months of the first term and thereafter on each
approved extension.
8. COMMUNICATION OF INFORMATION:
REDSPEED agrees that all information obtained by REDSPEED through operation of the IPE System
shall be made available to the Customer at any time during REDSPEED's normal working hours, and
to the extent permitted by Florida law, excluding trade secrets as defined by Florida law and other
information that is confidential pursuantto Florida law or exempt from disclosure pursuant to Florida
law and not reasonably necessary for the prosecution of citations or the fulfillment of Customer's
obligation under this Agreement.
9. CONFIDENTIAL INFORMATION:
No information given by REDSPEED to Customer will be of a confidential nature, unless specifically
designated in writing as proprietary and confidential by REDSPEED and either confidential pursuant
to Florida law or exempt from disclosure pursuant to Florida law. Nothing in this paragraph shall be
construed contrary to the terms and provisions of any Florida law governing public records or similar
laws, insofar as they may be applicable. REDSPEED shall not use any information acquired by this
program with respect to any violations or the Customer's law enforcement activities for any purpose
other than the program encompassed by this Agreement.
10. OWNERSHIP OF SYSTEM:
It is understood by the Customer that the System being installed by REDSPEED is, and shall remain,
the sole property of REDSPEED, unless separately procured from REDSPEED through a lease or
purchase transaction. The System is being provided to Customer only under the terms and for the
term of this Agreement.
10. RECORDS AND AUDIT:
REDSPEED shall maintain during the term of the Agreement all books of account, reports and records
in accordance with generally accepted accounting practices and standards for records directly
related to this Agreement. The form of all records and reports shall be subject to the approval of the
Customer's Auditor. REDSPEED agrees to make available to the Customer's Auditor, during normal
business hours and in Miami -Dade County, Florida all books of account, reports and records relating
to this Agreement for the duration of the Agreement and retain them for a minimum period of three
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RedSpee& Florida,LLC
(3) years beyond the last day of the Agreement term or such other period required by the Florida
public records law and Florida public records retention schedules, whichever is longer.
11. INDEMNIFICATION AND INSURANCE:
REDSPEED shall comply with all laws, ordinances and regulations governing the use of photo
enforcement systems applicable to this Agreement and shall comply with the maintenance
procedures and manufacturer recommendations for operation of IPE System equipment which
affect this Agreement, and shall indemnify and save harmless the Customer against claims arising
from the violations of the maintenance procedures and manufacturer recommendations for
operation of the equipment as a result of the negligence, recklessness, or willful or intentional
misconduct of REDSPEED, its officers and directors, agents, attorneys, and employees, but excluding
any employees or agents of Customer. Nothing herein is intended to waive the Customer's sovereign
immunity pursuant to Sec. 768.28, Fla.Stat.
REDSPEED agrees to protect, defend, indemnify, and hold harmless the Customer and the
Customer's officials, officers, employees, and agents from and against any and all losses, penalties,
damages, settlements, fines claims, costs, charges for other expenses, or liabilities of every and any
kind including any award of attorney fees and any award of costs in connection with or arising from
any negligent, intentional or reckless act or omission by REDSPEED or any of REDSPEED's officers,
employees, agents, contractors, or subcontractors in performing the work agreed to or performed
by REDSPEED under the terms of this Agreement. Without limiting the foregoing, any and all claims,
suits or other actions relating to personal injury, death, damage to property, defects in materials or
workmanship, actual or alleged violations of any applicable statute, ordinance, administrative order,
rule or decree of any court in connection with or arising from any negligent, intentional or reckless
act or omission by REDSPEED shall be included in this indemnity.
REDSPEED shall maintain the following minimum scope and limits of insurance:
a. 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. Such insurance shall name the Customer and the Customer's officers,
employees, volunteers and elected officials as additional insured for liability arising from
REDSPEEDs operation.
b. Workers Compensation as required by applicable state law, and Employers Liability
Insurance with limits of not less than $500,000 each accident; REDSPEED shall always
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
Customer.
C. Comprehensive Business Automobile Liability Insurance for all owned, non -owned and
hired automobiles and other vehicles used by REDSPEED with a minimum $1,000,000 per
occurrence combined single limit bodily injury and property damage,
REDSPEED shall require any subcontractors doing work under this Agreement to provide and
maintain the same insurance, which insurance shall also name the Customer and the Customer's
officers, employees, volunteers and elected officials as additional insureds.
Certificates showing REDSPEED is carrying the above described insurance, and evidencing the
additional insured status specified above, shall be furnished to the Customer within thirty calendar
days after the date on which this Agreement is executed. Such certificates shall show that the
Customer shall be notified at least thirty (30) days in advance of all cancellations of such insurance
policies. REDSPEED shall forthwith obtain substitute insurance in the event of a cancellation.
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Inasmuch as the Customer is a body politic and corporate, the laws from which Customer derives its
powers, insofar as the same law regulates the objects for which, or manner in which, or the concerns
under which, the Customer may enter into this Agreement, shall be controlling and shall be
incorporated by reference into this Agreement. The Customer shall be .responsible for vehicle
insurance coverage on any vehicles driven by Customer employees. Coverage will include liability
and collision damage.
REDSPEED will require all its subcontractors to provide the aforementioned coverage as well as any
other coverage that REDSPEED may consider necessary, and any deficiency in the coverage or policy
limits of said subcontractors shall be the sole responsibility of REDSPEED.
12. STATE LAW TO APPLY:
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida. The parties waive the privilege of venue and agree that all litigation between them in the
state courts shall take place in Miami -Dade County, Florida and that all litigation between them in
the federal courts shall take place in the State of Florida.
13. DISPUTE RESOLUTION:
In the event the parties are unable to resolve any dispute by good -faith negotiation, such dispute
may be resolved by litigation only in the state court sitting in Miami -Dade County, Florida or the
federal court sitting in the State of Florida. The parties agree that jurisdiction and venue are proper
in said County.
14. AMENDMENTS TO THE AGREEMENT:
The Customer may from time to time consider it in its best interest to change, modify or extend
term, conditions or covenants of this Agreement or require changes in the scope of the Services to
be performed by REDSPEED, or request REDSPEED to perform additional services regardless of and
without invalidating the process that was used to procure the services enumerated under this
Agreement. Any such change, addition, deletion, extension or modification, including any increase
or decrease in the amount of REDSPEED's compensation, which are mutually agreed upon by and
between the Customer and REDSPEED shall be incorporated in written amendments (herein called
"Amendments") to this Agreement that are duly executed by both parties. Such Amendments shall
not invalidate the procurement process or this Agreement nor relieve or release REDSPEED or the
Customer of any of its obligations under this Agreement unless stated therein.
15. LEGAL CONSTRUCTION AND REQUIREMENTS:
In case any one or more of the provisions contained in this Agreement shall for any reason, by a court
of competent jurisdiction, 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.
Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations,
shall govern development, submittal and evaluation of all bids received in response hereto and shall
govern any and all claims and disputes which may arise between person(s) submitting a bid response
hereto and the Customer by and through its officials, officers, employees and authorized
representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall
not constitute a cognizable defense against the legal effect thereof.
16. NO AGENCY:
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Except as specifically provided otherwise herein, REDSPEED is an independent contractor under this
Agreement. Personal services provided by REDSPEED shall be by employees of REDSPEED who shall
be subject to supervision by REDSPEED, and not as officers, employees or agents of the Customer.
Personnel policies, tax responsibilities, social security, health insurance, employee benefits,
purchasing policies and other similar administrative procedures applicable to services rendered
under this Agreement shall be those of REDSPEED.
17. FORCE MAJEURE:
The Customer and REDSPEED will be excused from the performance of their respective obligations
under this Agreement when and to the extent that their performance is delayed or prevented by any
circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes,
act of God or public emergency, war, rioting, malicious damage, act or omission of any governmental
authority, delay or failure or shortage of any type of transportation, equipment, or service from a
public utility needed for their performance provided that:
a. the non-performing party gives the other party prompt written notice describing the
particulars of the Force Majeure including, but not limited to, the nature of the
occurrence and its expected duration, and continues to furnish timely reports with
respect thereto during the period of the Force Majeure;
b. the excuse of performance is of no greater scope and no longer duration than is required
by the Force Majeure;
c. no obligations of either party that arose before the Force Majeure causing the excuse of
performance are excused as a result of the Force Majeure; and,
d. the non-performing party uses its best efforts to remedy its inability to perform.
Notwithstanding the above, performance shall not be excused under this Section for a period in
excess of two (2) months, provided that in extenuating circumstances, the Customer may excuse
performance for a longer term. Economic hardship of REDSPEED will not constitute Force Majeure.
The term of the Agreement shall be extended by a period equal to that during which either party's
performance is suspended under this Section.
18. PERMITS, FEES, AND LICENSES:
REDSPEED shall at its own expense, obtain all necessary permits, pay all licenses, and fees, required
to comply with all local ordinances, state and federal laws, rules and regulations applicable to
business to be carried out under this Agreement.
19. NON-DISCRIMINATION:
There shall be no discrimination as to race, sex, color, creed, age, disability, marital status or national
origin in the operations conducted under this Agreement.
20. SUBCONTRACTORS:
REDSPEED must be capable of performing all the services contained within this Agreement. If
REDSPEED uses a subcontractor in the performance of these services, REDSPEED shall submit
complete information on any/all proposed subcontractors. The same qualifications requirements,
and all other terms and conditions of the Agreement shall also apply to the subcontractor. The
Customer reserves the right to approve or disapprove of any sub -contractor proposed.
REDSPEED shall ensure that all of REDSPEED's subcontractors perform in accordance with the terms
and conditions of this Agreement. REDSPEED shall be fully responsible for all of REDSPEED's
subcontractors' performance, and liable for any of REDSPEED's subcontractors' non-performance
and all of REDSPEED's subcontractors' negligent, intentional or reckless acts and omissions.
REDSPEED shall defend, counsel being subject to the Customer's approval or disapproval, and
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RedSpeed° Florida,LLC
indemnify and hold harmless the Customer and the Customer's officials, officers, employees, and
agents from and against any claim, lawsuit, third party action, settlement, or judgment, including
any award of attorney fees and any award of costs, by or in favor of any of REDSPEEDs subcontractors
for payment for work performed for the Customer by any of such subcontractors, and from and
against any claim, lawsuit, third party action, settlement, or judgment, including any award of
attorney fees and any award of costs, occasioned by or arising out of any negligent, intentional or
reckless act or omission by any of Contractor's subcontractors.
21. ENTIRE AGREEMENT:
This Agreement shall constitute the entire agreement between the parties with respect to the subject
matter hereof, and it shall supersede all previous and contemporaneous oral and written
negotiations, commitments, agreements, and understandings relating hereto.
22. COUNTERPART EXECUTTION:
This Agreement may be executed in one or more counterparts, each of which shall constitute an
original, but all of which taken together shall constitute one and the same instrument. Each party
represents and warrants that the representative signing this Agreement on its behalf has all right
and authority to bind and commit that party to the terms and conditions of this Agreement.
23. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED .COMPANIES.
Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the
Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited.
Contractors must certify that the company is not participating in a boycott of Israel. Any contract for
goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option
if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized
Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July
1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's
option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Exhibit "C." Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to REDSPEED of the City's determination concerning the false
certification. REDSPEED shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination was in error. If REDSPEED does not demonstrate that
the City's determination of false certification was made in error, then the City shall have the right to
terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135.
24. E -VERIFY.
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
employment eligibility of all new public employees through the U.S. Department of Homeland
Security's E -Verify System, and further provides that a public employer may not enter into a contract
unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095
further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor
must provide the Contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095,
REDSPEED is required to verify employee eligibility using the E -Verify system for all existing and new
Page 9 1 19
RedSpeed® Florida,LLC
employees hired by REDSPEED during the contract term. Further, REDSPEED must also require and
maintain the statutorily required affidavit of its subcontractors. It is the responsibility of REDSPEED
to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers
should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and
follow the instructions. REDSPEED must retain the 1-9 Forms for inspection, and provide the attached
E -Verify Affidavit, attached hereto as Exhibit "D."
25. NOTICES:
Any notice or demand which under the terms of this Agreement or under any statute must or may
be given or made by REDSPEED or Customer shall be in writing and shall be given or made by personal
service, telegram, first class mail, overnight delivery, or by certified or registered mail to the parties
at the following respective addresses:
City of Sunny Isles Beach
18070 Collins Ave 3rd floor,
Sunny Isles Beach, FL 33160
Attn: City Manager
IN WONESS OF�T0 FORE
abode. �''•'
ATTEST:
.t
BY_
Maurici Beta cur, C C
City Clerk
Approved As to Form:
RedSpeed Florida LLC
400 Eisenhower Lane North
Lombard Illinois 60148
Att: Robert Liberman, Program Manager
NG, the parties have set their hands and seals the day and year written
BAAIas
in
.Boileau, for Nabors,
Giblin & Nickerson, P.A.,
City Attorney
(Corporate Seal)
ATTEST:
City o. sles ach, Florida
risa Svechi yor
By:
Stan Morris
City Manager
RedSpeed Florida, LLC
By:�P�iZ`"�21
Robert Liberman
Manager
Page 10 119
RedSpee& Florida,LLC
Exhibit A
REDSPEED SCOPE OF WORK
REDSPEED agrees to provide a turnkey solution for Camera Systems to the Customer wherein all
reasonably necessary elements required to implement and operate the solution are the
responsibility of REDSPEED, except for those items identified in Section 2 titled "Customer Scope
of Work". REDSPEED and the Customer 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 to the proper party the responsibility and cost for such items. In general, if work is
to be performed by the Customer, unless otherwise specified, the Customer shall not charge
REDSPEED for the cost. All other in -scope work, external to the Customer, is the responsibility of
REDSPEED
2. REDSPEED agrees to make every effort to adhere to the Project Time Line agreed upon between
the parties and.based on the Best and Final Offer.
3. REDSPEED will install Camera Systems at a number of intersection or grade crossing approaches
to be agreed upon between REDSPEED and the Customer after completion of site analyses. In
addition to any initial locations, the parties may agree from time to time to add to the quantities
and locations where Camera Systems are installed and maintained.
4. REDSPEED will operate each Camera System on a 24-hour basis, barring downtime for
maintenance and normal servicing activities.
5. REDSPEED' in-house public relations department will assist the Customer with public information
and outreach campaign strategies as detailed in REDSPEED's RFP response.
6. REDSPEED agrees to provide a secure web site (www.RedLightV!oiations.com) accessible to
recipients who have received Notices of Violation or Uniform Traffic Citations by means of a
Notice # and PIN, which will allow violation image and video viewing.
7. REDSPEED normally shall provide technician site visits to each Camera System once per month to
perform preventive maintenance checks consisting of camera enclosure lens cleaning; camera,
strobe and controller enclosure cleaning; inspection of exposed wires; and general system
inspection and maintenance.
8. REDSPEED shall repair a non-functional Camera System within 48 business hours of
determination of a malfunction.
9. REDSPEED shall repair the IPE System within 1 business day from the time of the outage, Outages
of Customer internet connections or infrastructure are excluded from this service level.
10. For any city using REDSPEED lockbox or credit card payment services, REDSPEED will establish a
demand deposit account bearing the title, "RedSpeed Florida LLC as agent for Customer" at First
Midwest Bank. All funds collected on behalf of the Customer will be deposited in this account
and transferred by wire the first business day of each week to the Customers primary deposit
bank. The Customer will identify the account to receive funds wired from First Midwest Bank.
Page 111 19
RedSpee& Florida,LLC
Customer shall sign a W-9 and blocked account agreement, to be completed by the Customer, to
ensure the Customer's financial interest in said bank account is preserved.
11. REDSPEED will design, fabricate, install, obtain permits and maintain one red light camera
warning sign for each monitored approach.
12. REDSPEED or subcontractors will be responsible for any costs associated with building,
construction, electrical, street use and/or pole attachment permits.
13. REDSPEED shall assign a project manager who will be the liaison between the Customer and
REDSPEED and will be responsible for project activities such as development of a project plan and
tracking of deliverables. The Customer shall reserve the right to request a new project manager.
14. REDSPEED shalt provide Customer with an automated web -based citation processing system
(RedCheck) including image processing, color printing and mailing of a Notice of Violation per
chargeable event. Each Notice of Violation shall be delivered by first class mail to the Owner
within the statutory period. Mailings to Owners responding to Notices of Violation identifying
drivers in affidavits of non -liability or by rental car companies are also included.
15. REDSPEED shall provide the Traffic Infraction Enforcement Officer with access to RedCheck, for
the purposes of reviewing Violations Data within five (5) days of the gathering of the Registered
Vehicle Owner Information, but in any event no less than fifteen (15) days after the violation has
occurred, and as to the issuance of Uniform Traffic Citations, within five (5) days of the expiration
of the time frame under the State Law when a recipient of a Notice of Violation fails to pay the
penalty or submit an affidavit of non -responsibility that satisfies the requirements of the State
Law.
16. REDSPEED shall provide the Traffic Infraction Enforcement Officer with information to review
whether a Uniform Traffic Citation should be issued after failure of the owner to pay or submit
an affidavit within thirty (30) days after Notice of Violation, provided that the Traffic Infraction
Enforcement Officer has five (5) days to review the information and determine if a Uniform
Traffic Citation shall be issued in accordance with State law.
17. REDSPEED hereby acknowledges and agrees that the decision to issue Notice of Violation and
Uniform Traffic Citations shall be the sole, unilateral and exclusive decision of the Traffic
Infraction Enforcement Officer consistent with State Law.
18. Reminder notices may be delivered by first class mail or other mail means.
19. RedCheck shall apply an electronic signature to a Notice of Violation or Uniform Traffic Citation
when authorized to do so by an approving Traffic Infraction Enforcement Officer.
20. REDSPEED shall obtain in-state vehicle registration information necessary to issue citations if it
is named as the Customer's agent.
21. REDSPEED shall seek records from out-of-state vehicle registration databases and apply records
found by RedCheck to issue citations for the Customer.
22. If Customer is unable to or does not desire to integrate REDSPEED data into its adjudication
system, REDSPEED shall provide an on-line adjudication processing module, which will enable
the adjudication function to review cases, related images, correspondence, and other related
information required to adjudicate the disputed Uniform Traffic Citation.
Page 12 1 19
RedSpee& Florida,LLC
23. REDSPEED shall provide to the Customer access to RedCheck system, which provides the
Customer with ability to run and print all standard system reports.
24. If required by the Customer, REDSPEED shall, at REDSPEED' expense provide the Customer with,
and train a local expert witness able to testify in administrative proceedings and in court on
matters relating to the accuracy, technical operations, and effectiveness of the IPE System until
judicial notice is taken.
25. In those instances where damage to a Camera System or sensors is caused by negligence on the
part of the Customer or its authorized agent(s), REDSPEED will provide Customer an estimate of
the cost of repair. Upon authorization to proceed with the repairs or replacement, REDSPEED
shall replace or repair any damaged equipment and invoice for the pre -approved repair cost.
REDSPEED shall bear the cost to replace or repair equipment damaged in all other circumstances.
26. REDSPEED shall provide a toll-free, Customer -specific help line to help the Customer resolve any
problems encountered regarding its Red Light Camera System and/or citation processing. The
help line shall function during normal business hours. Call Center hours for violators is Monday -
Friday 9:00 AM to 5 PM EST; IVR for violators is 24 x 7, 365 days.
27. As part of its turnkey system, REDSPEED shall provide Owners with the ability to view Recorded
Images of Violations involving their motor vehicles online. This online viewing system shall
include a link to the REDSPEED payment website(s) and may offer the opportunity to download
a form of affidavit to establish an exemption under Section 316.0083(1)(d) of the Florida
Statutes. Online obtained affidavits submitted in response to a Notice of Violation or Uniform
Traffic Citation shall be directed to and processed by REDSPEED and communicated to Customer
via the RedCheck system. REDSPEED shall adhere to timelines and other regulations specified in
Section 316.0083 of the Florida Statutes in the processing of affidavits.
28. Upon expiration of the due date of the Notice of Violation, RedCheck shall issue a Uniform Traffic
Citation, which shall be delivered by certified mail to the Owner within the statutory period. The
issuance of the Uniform Traffic Citation shall be based on the Traffic Infraction Enforcement
Officer's approval. Additional fee for mailing of Uniform Traffic Citation, assuming no return
receipt is required, will be billed per unit as published by the U. S. Postal Service.
29. REDSPEED shall charge, collect, and retain a maximum convenience fee of 5.00% each for
electronic payments provided. Such fee is paid by the violator. City will not receive any of said
convenience fee. City assumes no liability, responsibility, or control for said fee sought by
REDSPEED.
Page 13 J 19
RedSpeedlv Florida,LLC
CUSTOMER SCOPE OF WORK
1. Within seven (7) business days of contract execution, the Customer shall provide REDSPEED with the
name and contact information for a project manager with authority to coordinate Customer
responsibilities under the Agreement.
2. Within seven (7) business days of contract execution, the Customer shall provide REDSPEED with the
name and contact information for an Appeals Coordinator or staff responsible for oversight of all
related program requirements.
3. Within seven (7) business days of the execution of the Agreement, Customer shall provide REDSPEED
with the name and contact information for a Uniform Traffic Citation manager responsible for
oversight of all Uniform Traffic Citation -related program requirements.
4. Within seven (7) business days of execution of the Agreement, Customer shall provide REDSPEED with
the name(s), contact information, and electronic signature(s) of all Traffic Infraction Enforcement
Officers authorized by Customers police or sheriff's department to approve and issue Notices of
Violation and Uniform Traffic Citations.
5. Customer shall establish a method by which an Owner who has received a Notice of Violation or a
Uniform Traffic Citation may review the images and video evidencing the Violation at
www.RedLightViolations.com free of charge. This may be at a publicly available terminal at a
Customer facility or by appointment with the Uniform Traffic Citation manager.
6. The Customer shall make every effort to adhere to the Project Time Line to be agreed upon between
the parties.
7. Customer and REDSPEED shall complete the Project Business Process Work Flow design within thirty
(30) calendar days of contract execution, in accordance and consistent with the Best and Final Offer.
8. REDSPEED will relocate a camera at no cost to new enforcement location once it has been mutually
agreed upon between REDSPEED and Customer.
9. The Customer shall assist REDSPEED in obtaining access to traffic signal phase connections according
to approved design.
10. Where possible, Customer shall assist REDSPEED in obtaining access to power from existing power
sources. Where possible, Customer shall assist in obtaining access to traffic signal phase connectors
to a pull box, pole base, or controller cabinet nearest to each Camera System within the Customer's
jurisdiction. The costs, if reasonable, for any additional conduit or power infrastructure needed to
support installation of the Camera System shall be funded by REDSPEED.
11. Customer shall endeavor to approve or reject REDSPEED submitted plans within seven (7) business
days of receipt. REDSPEED and Customer will endeavor to approve the plans in a timely manner.
12. The Customer will endeavor to issue all needed permits to REDSPEED and its subcontractors in an
expedited fashion of plan approval.
13. If use of private property right of way is needed Customer shall assist REDSPEED in acquiring
permission to build in existing utility easements as necessary. Any additional cost for private property
right of way lease/rental costs shall be borne by REDSPEED. REDSPEED reserves the right to not install
on private property if the costs are unreasonable.
Page 14 1 19
RedSpee& Florida,LLC
14. Customer may allow REDSPEED to build needed infrastructure in existing Customer owned easement
as necessary and only after required permits have been approved.
15. Customer's Traffic Infraction Enforcement Officer(s) shall process each potential violation in
accordance with State Law and/or Customer Ordinances within five (5) days (excluding Saturday,
Sunday and City observed holidays) of its appearance in the Law Enforcement Review Queue, using
RedCheck to determine which Violations will be issued as Notices of Violation.
16. Within seven (7) days of the execution of the Agreement, Customer shall provide REDSPEED with a
form of Uniform Traffic Citation that complies with the provisions of Chapter 316 of the Florida
Statutes, with the understanding that some modifications may be necessary to enable use with
REDSPEED's systems.
17. Customer shall provide REDSPEED with instructions or specifications for the treatment of affidavits,
with the understanding that any modifications that are necessary to ensure compatibility with
REDSPEED's processes are subject to the City's approval or disapproval.
18. Police Department workstation computer monitors for citation review and approval should provide a
minimum resolution of 1280 x 1024.
19. For optimal data throughput, Police Department workstations should be connected to a high-speed
internet connection with bandwidth of T-1 or greater.
20. Police Department shall provide signatures of all authorized police users who will review events and
approve citations on forms provided by REDSPEED.
21. If Customer does not provide payment processing services, Customer shall use REDSPEED payment
processing services. The fees for lockbox credit card services are included as part of the fixed fee
structure.
22. All Uniform Traffic Citation hearings/proceedings shall be conducted in accordance with the laws of
the State of Florida. REDSPEED shall not be required to provide a judge or hearing officer or
adjudication facilities to schedule and hear disputed Uniform Traffic Citations.
23. Customer shall handle inbound and outbound phone calls and correspondence from defendants who
have questions about disputes, and other issues relating to citation adjudication. Customer may refer
citizens with questions regarding REDSPEED or IPE System technology and processes to websites
and/or toll-free telephone numbers provided by REDSPEED for that purpose.
24. Any potential, one-time, direct costs to REDSPEED to develop an interface between the Customer's
computer system will be initially paid by REDSPEED and any such reasonable costs will be reimbursed
to REDSPEED in addition to its normal fees, upon receiving the appropriate prior approval of the City.
25. If remote access to the REDSPEED IPE System is blocked by Customer network security infrastructure,
the Customer's Department of Information Technology shall coordinate with REDSPEED to facilitate
appropriate communications while maintaining required security measures.
Page 15 1 19
REdSper:& Florlda,LLC
SCHEDULE 1
SERVICE FEE SCHEDULE
The Customer agrees to pay REDSPEED the Fee(s) as itemized below:
1. Description of Pricing
Fees are based on per approach, per month, pro -rated for cameras installed mid -month, and are
as follows:
Flat Fee Blended Pricing
# of Cameras
Flat Fee Price Per Month Per Approach
1 to 5
$3,900
6 to 10
$3,800
11 to 20 or more
$3,500
■ $4.00 per Certified Mailing, no receipt
Service Fees Include: Fee includes all costs required and associated with camera system
installation, maintenance and on-going field and back-office operations. Includes red-light
camera equipment, installation, maintenance, violation processing services, DMV records access,
mailing of required documents, lockbox and credit card processing services, call center support
for general program questions, public awareness program support and access to web -based IPE
System for Traffic Infraction Enforcement Officer review
2. Cost Neutrality:
REDSPEED will maintain an accounting of any net balances owed to REDSPEED each quarterly
billing period. If the total amount of funds collected for all Cameras during any quarterly period
is less than the amount of REDSPEED's invoices for the same quarterly period, REDSPEED will
waive the difference.
3. Optional Services:
License Plate Reader module: $200 per month per approach.
(RedSpeed will install 6 LPR modules at no cost to the Customer).
4. Technology Upgrades:
REDSPEED will provide free technology upgrades at no cost to the Customer when they become
available to REDSPEED.
Page 16 119
RedSpeed® Floride,U.0
Exhibit B
ENFORCED APPROACHES
1. 183rd & Collins Northbound
2. 183rd & Collins Southbound
3. Sunny Isles Beach Boulevard @ 200 Block
4. 159th & Collins Northbound
5. 159th & Collins Southbound
6. 193rd & Collins Southbound
Page 17 1 19
RedSpee& Florida,LLC
Exhibit C
e �
'
CONTRACTOR ANTI -BOYCOTT OTT CERTIFICATION
PMt$Uk -f M FLORMA Sr TM §'2.87.1391
I, Robert Liberman � on, behalf of Re€ Sp"d Flodda LLC
Prim Name. Company Name
certifies that RedSpeed Fladda LLC does not:
Coupany Naine
1. Participate in a boycott of Israel, :and.
2. Is not on the Scrutinized Companies that Boycott. Israel list; and
3. h not on the Scrathiized Com pa'es with Activities. in Sudan List; and
4. Is not on the: Sc utmized Companies with Activitiesin the: Itan Petroleum
Energy Sector List.. and
5- Has not emagaged in business operations in Cuba or Syria.
1614" 44i�"
signature
CEO
Title
12-18-2.023
Date
F'anE! 18 1 19
RedSpeed® Flopida,LLC
Exhibit D
E -Verify Affidaylt
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
employment eligibility of all new public employees through the U.S, Department of Homeland Security's E.
Verify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the. E -Verify system,
blonda Statute 448.095 further provides tltdi it a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles
Beach are required to verify employee eligibility using the E -Verify system for all existing and new
employees hired by the contractor during the contract term. Further; the contractor roust also require and
maintain the statutorily required affidavit of Its subcontractors, It is the responsibility of the awarded vendor to
ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit
the E -Verify website htt s:Jjyjww.e-yerify.pj/emoloyers/enrottinr?-in-e-verify) and follow the
Instructions. The contractor must, as usual, retain the 1-9 Forms for inspectlon.
By affixing your signature below you hereby affirm that you will comply with E -Verity requirements.
RedSpeed Flonda LLC
Company Name
Offeror Signature
Robert Liberman
Pnnt Narne
80-0218940
Federal Employer Identification Number (FEIN)
12-18=2023
Date
CLO
Title
Sworn to and subscribed before me on this this j8th day of December
By Robert Liberman
69 Is Arod
na� knO� tome
O Hasc i nt ication (type of Identification produced:
My Commission Expires
November 13, 2027 11/13/2027
Print or Stamp of Notary Public Expiration gate
2023.
Page 19 119
Exhibit E
-AGREEMENT FOR RED LIGHT CAMERA ENFORCEMENT SERVICES
THIS AGREEMENT FQR RED LIGHT CAMERA ENFORCEMENT SERVICES,
made and entered into this L day of �.,qgU I . , 2018 by and between the
CITY OF SARASOTA, F ORIDA, a municipal corporation, hereinafter referred to as "CITY,"
and REDSPEED FLORIDA LLC, a Florida limited liability company, hereinafter referred to as
"CONTRACTOR".
WITNESSETH:
WHEREAS, CITY has publicly announced a Request for Proposal soliciting proposals
for the implementation, administration and servicing of an automated camera red light traffic
enforcement system pursuant to RFP #17-29DD; and
WHEREAS, CONTRACTOR has submitted a responsive proposal and has been
determined by CITY to be the most highly qualified firm to provide CITY with said services;
and
WHEREAS, CITY and CONTRACTOR desire to enter into this Agreement for Red light
Camera Enforcement Services so as to set forth the terms and conditions upon which
CONTRACTOR shall provide for the implementation, administration and servicing of an
automated red light camera enforcement system for CITY.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE
MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS:.
1. Definitions: The following terms shall have the meanings herein ascribed to them:
his designee.
designee.
A. City Manager shall mean the City Manager of the City of Sarasota, Florida, or
B. Director shall mean the Chief of Police of CITY'S Police Department, or her
C. Project shall mean the Scope of Services to be performed by CONTRACTOR
pursuant to this Agreement. The Project Scope of Services shall include all equipment, materials
and labor necessary to implement, administer and service an automated red light camera
enforcement system for CITY. This system shall combine vehicle detection and digital imaging
technology with a complete turnkey program for supplying, installing, powering and maintaining
the cameras and all other components. The system shall also include a computer system capable
of performing all of the tasks required for the Project Scope of Services. The Project Scope of
Services are described with more particularity in Exhibit A, a copy of which is attached hereto
and incorporated by reference herein. Exhibit A includes certain pages included within the
Scope of Work and Specifications of RFP #17-29DD. Exhibit A also includes the Scope of
Work as drafted by CONTRACTOR. CONTRACTOR covenants to strictly comply with
Exhibit A and to provide all of the equipment, services and deliverables as identified within
Exhibit A. CONTRACTOR covenants that the red light camera enforcement system shall meet
all of the requirements identified in Part V of the Scope of Work and Specifications of RFP #17-
29DD and included within Exhibit A. The parties hereby agree to the following modifications
and additions to Exhibit A. CONTRACTOR shall store images and video evidence for red light
camera violations for a minimum of thirty (30) days, but in all instances in accordance with
Florida Public Records laws. CONTRACTOR covenants to print and mail notices as required by
the Director. CONTRACTOR covenants to use a local Sarasota drop box address or local
Sarasota return post office box address within twelve (12) months of the effective date of this
Agreement. CONTRACTOR covenants that the live monitoring and recording of video by a
Smart phone or tablet shall be made available to multiple users as determined by the Director.
CONTRACTOR covenants that notices to violators will be provided as instructed by the
Director or utilizing information relating to the hearing schedules as provided by the Director.
CONTRACTOR covenants that the red light cameras and capture storage devices shall be hard
wired at each location. Notwithstanding any reference to a License Plate Reader (LPR) system
in any of the attachments to this Agreement or in any RFP documents or response thereto, the
2
LPR system is specificially excluded from the Project Scope of Services to be provided by
CONTRACTOR to CITY. CONTRACTOR shall provide the Project Scope of Services in strict
conformance with Request for Proposal #17-29DD, a copy of which is on file in the offices of
the Financial Administration Purchasing Division of CITY and is deemed incorporated by
reference into this Agreement. CONTRACTOR covenants to strictly comply with all of the
terms and conditions of RFP #17-29DD. In the event of any conflict between the terms set forth
in the main body of this Agreement, its attachments and RFP #17-29DD, the terms and
conditions set forth in the main body of this Agreement shall control, followed by the terms and
conditions set forth in Exhibit A, followed by the terms and conditions set forth in Exhibit B,
followed by the terms and conditions within RFP #17-29DD.
2. Scope of Services: CONTRACTOR covenants to timely provide the Project Scope of
Services. The intersections and approaches within which the Project Scope of Services are to be
provided are identified in Exhibit B, a copy of which is attached hereto and incorporated by
reference herein. CONTRACTOR covenants to strictly comply with Exhibits A and B.
CONTRACTOR is aware of the holding of the Fourth District Court of Appeal in City of
Hollywood v. Arem, 154 So. 3d 359 (Fla. 411 DCA 2014), and CONTRACTOR covenants that
CONTRACTOR'S procedures do not violate the holding in Arem. Further, CONTRACTOR
assures CITY that CONTRACTOR does not use unfettered discretion to decide whether images
meet the standard of a traffic violation prior to sending the image for review by a Traffic
Infraction Enforcement Officer (hereinafter TIEO). CONTRACTOR retains the authority to
review information from a traffic infraction detector pursuant to Section 316.083(1)(a), Florida
Statutes. However, only a law enforcement officer and Traffic Enforcement Officers have
authority to issue citations for traffic infractions. See Sections 316.0083(3) and 316.640(5),
3
Florida Statutes. CONTRACTOR acknowledges and agrees that the decision to issue a Notice
of Violation and Uniform Traffic Citation shall be the sole, unilateral and exclusive decision of
the TIEO, consistent with Florida law. CONTRACTOR does not use unfettered discretion in
deciding what images to send to the TIEO. Rather, CONTRACTOR relies upon the instructions
set forth in the Business Rules Questionnaire (BRQ) to be approved by the Sarasota Police
Department of CITY. The BRQ informs CONTRACTOR in detail what images to send to the
TIEO and which images to place in another file owned by CONTRACTOR, but always available
to the TIEO to review at his or her option and to make certain that CITY'S BRQ is being
followed as instructed. Whenever there is any question by CONTRACTOR as to whether
CITY'S BRQ applies to any particular image, it is CONTRACTOR'S policy to always send that
image to the TIEO for the TIEO to decide. CONTRACTOR also has periodic in-house reviews
of decisions to be sure that images sent to CITY meet CITY'S BRQ or CONTRACTOR'S policy
to send CITY any images that CONTRACTOR is not sure if they meet CITY'S BRQ.
3. Payment; CITY agrees to pay CONTRACTOR for the Project Scope of Services the
fees identified within Exhibit A. Specifically, CITY shall pay CONTRACTOR Three Thousand
Five Hundred Dollars ($3,500.00) per month as a flat fee for each intersection approach in which
CONTRACTOR provides the Project Scope of Services. As such, CITY agrees to pay
CONTRACTOR Seventy Thousand Dollars ($70,000.00) per month for the Project Scope of
Services. Additionally, CITY shall pay CONTRACTOR Four Dollars ($4.00) for each certified
mailing provided by CONTRACTOR during the invoice period. The parties acknowledge that
when a violator pays the first notice, those funds will be sent to a lock box and deposited into an
account controlled by CONTRACTOR for the benefit of CITY. This account shall be used for
payment of the monthly amounts due from CITY to CONTRACTOR. CONTRACTOR
4
covenants to provide cost neutrality to CITY. As such, CONTRACTOR will maintain an
accounting of any net balances owed to CONTRACTOR on a calendar quarterly basis. If the
total amount of funds collected during any calendar quarterly period is less than the amount
otherwise due from CITY to CONTRACTOR for the same quarterly period, CONTRACTOR
hereby waives the difference and shall accept as full payment for said calendar quarter the funds
received by CONTRACTOR at the lock box controlled by CONTRACTOR for the benefit of
CITY. The parties further acknowledge that any payments made by a violator pursuant to a
Uniform Traffic Citation shall be the sole property of CITY, and CONTRACTOR shall have no
claim to said funds. The fees set forth in this Section 3 shall include any and all reimbursable
expenses and costs incurred in retaining subcontractors or any other costs incurred in performing
the Project Scope of Services.
4. Term: The term of this Agreement shall commence on March 1, 2018. Upon the
effective date of this Agreement, CONTRACTOR shall begin installation of the equipment
necessary to provide the Project Scope of Services. CONTRACTOR. covenants to complete
installation of said equipment such that the Project Scope of Services shall commence on May 1,
2018. The first compensation due from CITY to CONTRACTOR shall be for the month of May,
2018. The initial term of this Agreement shall expire at 11:59 p.m. on April 30, 2021. CITY
may extend the term of this Agreement for up to three (3) additional one-year periods upon the
mutual agreement of the parties.
5. Termination Without Default: The City Manager shall have the right at any time
upon thirty (30) days written notice to CONTRACTOR to terminate the services of
CONTRACTOR hereunder for any reason whatsoever. In the event of such termination, CITY
shall be responsible to CONTRACTOR only for the fees and compensation earned by
E
CONTRACTOR prior to the effective date of said termination. In no event shall CITY be
responsible for lost profits of CONTRACTOR or any asserted damages which may arise out of
an alleged premature termination of this Agreement. CONTRACTOR acknowledges that the
thirty (30) day notice provision set forth in this Section 5 shall be deemed adequate additional
consideration supporting this termination for convenience clause.
6. Termination Required by Law: In the event that State legislation or a decision by a
court of competent jurisdiction prohibits deployment of the traffic control signal monitoring
system that is the subject of this Agreement, either party may terminate this Agreement.
7. Post Termination Services: Upon termination of this Agreement because it has
reached the end of its term, or because required by law pursuant to Section 6, above, or for any
other reason, the parties recognize that CITY will be required to process traffic law violations in
the "pipeline' and that CONTRACTOR accordingly must assist CITY in this regard.
Accordingly, the parties shall take the following actions, and shall have the following
obligations, which survive termination: CITY shall cease using the camera system, shall return
or allow CONTRACTOR to recover all provided equipment within a reasonable time not to
exceed ninety (90) days, and shall not generate further images to be processed. CONTRACTOR
shall provide CITY with all revenues owed to CITY accruing prior to the date of termination and
CONTRACTOR shall be entitled to its fees pursuant to this Agreement, from said accrued
revenues provided to CITY.
8. Assignment: CONTRACTOR shall not assign, sell, or transfer any interest in this
Agreement.
9. Compliance with Applicable Law: This Agreement shall be governed by the laws of
the State of Florida. CONTRACTOR covenants to promptly comply with all applicable federal,
6
state, county and municipal laws, ordinances, regulations, and rules relating to the services to be
performed hereunder and in effect at the time of performance. CONTRACTOR covenants that it
will conduct no activity or provide any service that is unlawful or offensive.
10. Public Records: As required by Section 119.0701, Florida Statutes,
CONTRACTOR hereby specifically covenants to comply with the public records laws of the
State of Florida. CONTRACTOR specifically covenants to:
(a) Keep and maintain public records required by CITY in order to perform the
Project Scope of Services.
(b) Upon request from CITY'S custodian of . public records, provide CITY with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the Agreement term and following completion of the Agreement if
CONTRACTOR does not transfer the records to CITY.
(d) Upon completion of the Agreement, transfer, at no cost, to CITY all public
records in possession of CONTRACTOR or keep and maintain public records required
by CITY to perform the Project Scope of Services. If CONTRACTOR transfers all
public records to CITY upon completion of the Agreement, CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If CONTRACTOR keeps and maintains public
records upon completion of the Agreement, CONTRACTOR shall meet all applicable
requirements for maintaining public records. All records stored electronically must be
provided to CITY upon request from CITY'S custodian of public records in a format that
is compatible with the information technology systems of CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
PAMELA M. NADALINI, CITY AUDITOR AND CLERK
7
PAMELA.NADALINI &,,SARASOTAFL.GOV
(941) 9544160
1565 FIRST STREET
SARASOTA, FL 34236
CONTRACTOR acknowledges that, pursuant to Section 119.0701(3)(b), Florida Statutes, if
CONTRACTOR does not comply with CITY'S request for public records, CITY shall enforce
the contract provisions in accordance with the contract.
11. Disclaimer of Joint Venture: CONTRACTOR and CITY warrant and represent
by the execution of this Agreement it is not the intent of the parties that this Agreement be
construed or deemed to represent a joint venture or undertaking between CITY and
CONTRACTOR. CONTRACTOR shall be solely responsible for the conduct of all activities
and services provided by CONTRACTOR as part of its business operations. While engaged in
carrying out and complying with the terms of this Agreement, CONTRACTOR is an
independent contractor and not an officer or employee of CITY. CONTRACTOR shall not at
any time or in any manner represent that it or any of its agents or employees are employees of
CITY.
12. Right of Inspection: The City Manager shall have the right at all reasonable times
during the term of this Agreement to inspect or otherwise evaluate the work being performed
hereunder and the premises in which it is being performed.
13. Remedies - Cumulative: All remedies hereinbefore and hereinafter conferred to
CITY shall be deemed cumulative and no one exclusive of the other, or any other remedy
conferred by law.
8
14. Waiver: The failure of CITY to take any action with respect to any breach of any
term, covenant, or condition contained herein, or any instance of default hereunder by
CONTRACTOR, shall not be deemed to be a waiver of any default or breach by CITY.
15. Entire Agreement: This Agreement, including Request for Proposal #17-29DD on
file at the office of the Financial Administration Purchasing Division of CITY shall constitute the
entire agreement between the parties. All amendments to this Agreement shall be ineffective
unless reduced to writing as a formal amendment to this Agreement and executed by CITY and
CONTRACTOR.
16. Attorney's Fees: Should it be necessary for either party to bring any action against
the other alleging a breach of this Agreement or seeking to enforce any of the covenants,
provisions, or conditions of this Agreement, the non -prevailing party hereby agrees to pay all
costs attendant thereto, including reasonable attorney's fees to the attorney representing
prevailing party, and said obligation shall apply to declaratory relief, if necessary, to interpret
any of the terms hereof.
17. Public Entity Crimes: Prior to entering into this Agreement, CONTRACTOR shall
file a sworn statement with the Purchasing Manager of CITY, as required by §287.133, Florida
Statutes (2017).
18. Notices: Notices and other correspondence required by this Agreement shall be sent
by certified mail, return receipt requested, to the respective parties at the following addresses:
City of Sarasota
Attention: City Manager
1565 First Street
Sarasota, Florida 34236
0
RedSpeed Florida LLC
400 Eisenhower Lane North
Lombard, Illinois 60148
Attn: Robert Liberman, Program Manager
19. Piggybacking CITY covenants that it will not raise any objection if any other
governmental agency desires, at its own risk and consistent with its own procurement code, to
piggyback off this Agreement at any time during the term of this Agreement.
IN WITNESS WHEREOF this Agreement has been signed and sealed, in duplicate, by
the respective parties hereto.
DATED thisC2!day of 2018 by the City of Sarasota, Florida.
DATED this V day of f a Lk GF , 2018 by RedSpeed Florida LLC.
City Addi4r. and Clerk
,...s..�. �—
GREGORY JOHNS A
OFFICIAL SEAL
Notary Public, State of Illinois
My Commission Expires
December 30, 2018
CITASAOTA, FLORIDA
By:
die, Mayor
as to Form and Correctness:
Attorney
REDSPEED FLORIDA LLC
By:
Robert Liberman, Program Manager
10
Witnesses as to execution on behalf
of RedSpe`�Florida LLC
,
Witness
'nr' Q �2
Print Name
.— cae- et
Witness e
P ' t Name
STATE OF
)SS.
COUNTY OF ygAO-p`
THE FOREGOING INSTRUMENT was acknowledged before me this 1 %k day of
` SC4A( 40�IA , 2018 by Robert Liberman, as Program Manager of RedSpeed Florida
LLC, who is personally known to me or has produced ,�� as identification.
VotVry Public
GREGORY JOHNS JR
OFFICIAL SEAL
Notary Public, State of Illinois
My Commission Expires
December 30, 2019
Tammy's FileAAgreementsW-T1RedSpeed (1/17/18)
Print Name: „s :S•'
11
1. Background
The City of Sarasota has a population of approximately 58,000 and is in a high-density traffic area and
regularly experiences traffic incidents related to the failure of motorists to obey duly erected traffic
control devices, which exposes the citizens to the dangers of personal injury and property damage.
The City and the Police Department are concerned with the number. of red light traffic crashes and
their cost in human terms as well as property damage. This strategy is being considered to
effectively reduce the significant dangers presented to motorists and pedestrians by the failure to stop
for a red light.
The City believes an automated camera red light traffic enforcement system will be effective
in enforcing laws requiring vehicles to stop for red lights; therefore, freeing City police
personnel to r e s p o n d to other, and sometimes more significant incidents as well as
serious crime.
A camera would be installed on or near streets in the City, at selected locations chosen by the City.
Via this RFP document the City of Sarasota is soliciting proposals for the implementation,
administration and servicing of an automated camera red light traffic enforcement system. This system
should combine vehicle detection and digital imaging technology with a complete turnkey program for
supplying, installing, powering, and maintaining the cameras and all other components. In addition,
the contractor's solution should include a computer system capable of performing the following
tasks:
a. Store images/video evidence for red light camera violations
b. Display the images with sufficient qualityfor the police department to verify each
violation
C. Print and mail notices as required by the police department
d. Live monitoring and recording of video via a smart phone or tablet.
e. Can utilize LPR technology while capturing red light camera violations
f. Collect fines
g. Provide with notifying violators of scheduled appeal hearing dates
h. Provide with notifying violators of appeal adjudications
This system should be accessible on the Internet by anyone desiring to review and/or pay a Notice of
Infraction fine that has been provided access by the Police Department, as well as Police Department
staff to perform the tasks described in this RFP. This should be accomplishable with only a personal
computer, an Internet connection, a web browser, and security authorization.
The contract resulting from acceptance of a proposal by the City shall be in a, form supplied or
approved.by the City, and shall reflect the specifications in this RFP. The City reserves the right to
reject any proposed agreement or contract that does not conform to the specifications contained in
this RFP, and which is not approved by the City Attorney's Office.
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' �� x � �� • s • ui . • � i �t : � a ' � !L� ti u
Technical and Functional Requirements
The Contractor shall provide and install all equipment including, but not limited to, poles, cabinets and related
operational equipment, at no cost to the City, at the selected intersection(s) selected by the City.
Please respond to the technical requirements as detailed in this section of the RFP by checking off "YES"
where your firm meets or exceeds requirement, function or capability of the Contractor's current product
offering, and check off "NO" where your firm does not meet the requirement, function of have the capability
to perform. If you have any variance(s) to the listed requirement, function or capability, please check off
"MR" Modified Requirement, explaining how, why, what the variance is, how you expect to meet the
requirements stated. For all "MR" responses, please provide all details on an attached document with
the question, explaining your response. Many general requirements below are not a YES or NO
answer, but need a response on how your system/product will work. Please provide these details also
on an attached document.
17-29 RedUghtEnfcrcement yuof7u5 Exhibit A upensgrzlIzuiiatz;du:r.m.
5.1.1 Provide a list, with photos and dimensions of all major equipment
(cameras, flash or lighting units, cabinets [including generally what
the cabinets contain], what will be installed at a two-lane intersection
up to five lane intersection that may require both left and right turn
monitoring. Systems should not require additional cabinetry aside from that
which houses the cameras. J11 ays#ems mush ¢e non- intrusive to roadway or
transportation signal cabinetry.
5.1.2 Use of a high quality digital camera or video system with an
output of at least 720 x 480 pixels per image is required. Contractor
should detail the image quality specifications and provide real sets of
infraction image examples captured in daytime, nighttime, during
inclement weather, and during times where sunlight is pointing in the
direction of the camera.
5.1.3 The camera or video system should be capable of viewing and/or
recording live via a smart phone and computer at the police department
5.1.3 a Have the capability of utilizing "LPR' license plate recognition while
simultaneously capturing red light violations.
17-29 RedUghtEnfcrcement yuof7u5 Exhibit A upensgrzlIzuiiatz;du:r.m.
17-29 Red Light Enforcement 91 of 106 Exhibit A Opens 1/21/2017 at 2:30 PX
5.1.4 The equipment should be capable of deployment in a wide range
of operating conditions; e.g., heavy traffic volumes, adverse
weather conditions, road surface configurations, etc., and across
five moving lanes of traffic.
5.1.5 . Does the proposed red light system detect the red phase of the
traffic signal in a non-intrusive/without physical connectivity to the
traffic control dMZice?
S. 1.6 The system should provide at least three digital color still images
of each red-light traffic control signal violation.
5.1.6.a The images should be taken so that the rear of the vehicle and
license plate are captured.
5.1.6.b The first image should capture the vehicle before the front wheels
strike the legal infraction limit line.
5.1.6.c The second image should capture the vehicle after the rear axle has
crossed the crosswalk or legal limit line.
5.1.6.d The third image should capture a close-up of the license plate.
5.1.6.e The system should capture a short duration video of the infraction of
at least 12 seconds
5.1.7 Is the Data recorded in a configurable data bar that is embedded with
each scene (license plate and stop bar detection images) for use in appeal
hearings?
5.1.7 Does the data bar include the following information for each
infraction?
(a) Unique numerical identifier for each violation
5.1.7 Location of infraction
5.1.7 c Date D/
5.1.7 (d) Time of the infraction in 24-hour clock including hours,
minutes and seconds
5.1.7 e E lapsed time between images
5.1.7 Direct ion of travel
5.1.7 Traffic signal phase
5.1.7 (h) Time into the red phase displayed in thousandths of a second
5.1.7 i Duration of the prior amber phase
5.1.7 Vehicle lane of travel
5.1.7 Camera ID
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17-29 Red Ught Enforcement 92 of 105 Exhibit A Opens 412112017 at 2;30 P.M.
5.1.7 (1) Frame sequence number
5.1.8 Can the image and infraction data be secured and transmitted to the
processing center? Explain how.
5.1.9 Can the proposed system compensate for the effects of license plate
covers? Explain how.
5.1.10 Can the proposed system compensate for the effects of reflective
material on license plates? Explain how.
5.1.11 Does the system provide an ancillary video system, as supporting
information to the infraction provided by the still images?
S.1.11.a Does the video record at a full motion rate of 30 frames per second or
greater and allow aperture adjustment?
5.1.12 Each imaging unit's operation should be microprocessor controlled
and fully automatic?
5.1.13 The selected Contractor should propose more than one vehicle
detection method. Explain the vehicle detection methods that can
be used by the proposed system, including the benefits and
limitations of each (if more than one is offered.
5.1.14 Red light camera enclosures should be tamper proof and vandal
proof.
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17-29 Red Ught Enforcement 93 of 105 Exhibit A Opens 4/21/2017 at 2:30 P.M.
5.1.15 Red light camera enclosures should be as small as possible and
use as little power as possible. State the size of the red-light camera
system enclosure.
5.1.16 Red light camera enclosures should be designed in such a fashion
that maintenance, and other operations can be accomplished easily
and quickly without creating a public safety hazard. Explain typical
maintenance procedures.
5.1.17 Contractor should state installation and construction times for a
generic intersection, as well as how power and communication is
provided to the equipment. .
5.1.18 The Contractor's system should be able to simultaneously capture
violations in up to five lanes.
5.1.19 In addition to monitoring straight -through infractions, the system
shall becapable of detecting and recording evidence of left and right turn
infractions, regardless of vehicle speed (please reference program).
Explain how your system captures illegal right -turn -on red movements?
5.1.20 Does the proposed system detect the speed of the violator?
17-29 Red Ught Enforcement 93 of 105 Exhibit A Opens 4/21/2017 at 2:30 P.M.
5.1.21 Does the photo traffic enforcement systems utilize digital cameras or
video?
5.1.21 (a) Images should be clearly discernable without the use of
enhancement equipment. Image enlargement is acceptable.
5.1.21 (b) Cameras or video should be capable of consistently
obtaining clear photographs in all weather and lighting conditions.
5.1.21 (c) Each camera or video system should be capable of performing
internal calibration tests for accuracy and functionality every 24 hours
Evidence of testing should be imprinted on the digital camera image. Test
failures h l v nt oiieration of the failedunit
5.1.21 (d) Cameras or video should be as automated as possible for set-up
settings such as aperture, focus and leveling.
5.1.22 Systems should have a separate point of service for power. Power
will not be obtained from the traffic signal cabinet. The Contractor is
responsible for obtaining power. The Contractor is responsible for the costs
associated with operating the systems.
5.1.23 Fixed systems should be installed and shall operate independent of
existing traffic signal control equipment.
5.1.24 Installation of fixed equipment should not require cutting, removal of
any other alterations to roadway pavement.
5.1.25 Malfunction of the enforcement systems should not interfere with or
cause a malfunction in the normal cycling and operation of the traffic control
s stem.
5.1.26 The Contractor is responsible for locating any underground utilities,
submitting any plans required by City Code and obtaining any necessary
permits. Installations must be performed in accordance with current
professional standards and applicable local, state and federal guidelines,
rules and regulations.
5.1.27 The Contractor should provide and install all photo enforcement
signage in accordance with applicable statute. Signs, locations and
installations should be sub'ect to the approval of the City of Sarasota.
17-29 Red Light Enforcement "I"' Exhibit A Opens 4121/2017 at 2:30 P.M.
5.1.28 Installation of equipment and the direct supervision of the installation
shall be performed by the Contractor.
5.1.29 The Contractor should be responsible for transferring processed data
and images no less frequently than one time per day, on a scheduled agreed
upon by the Contractor and the City.
5.2 Infraction Processing
5.2.1 Explain why the Contractor's infraction processing system is the
best choice for the Ci ?
5.2.2 Can the proposed infraction processing system, perform 100% of its
functions remotely and without being installed on City
owned/maintained IT systems?
5.2.3 Contractor's infraction processing system should allow the City a
detailed view into all of the information recorded and stored from
intersections in the City of Sarasota
5.2.4 All access to the infraction processing system for the purpose of
preprocessing infractions, police authorization of infractions, notice printing,
payment tracking, and generation of documents for appeal hearings should
be securely accessible via the Internet.
5.2.4.a The infraction processing and infraction payment parts of the
system should be available 24 hours/day and 7 days/week for authorized
users.
5.2.5 The infraction processing system should provide the following
functions:
(a) Web -enabled access and operation
Secure user log -in and access
(c) Automatic display of images and data captured by the camera
system for Department staff
(e) Easy review of infraction evidence against regulations
(f) Ability to both "play" full motion video and view multiple scene
and Iicense plate images
(g) Ability to view each image as a full screen enlargement with a single
click
(h) Ability to view all original images
17-29 Fled Light Enforcement 95 of 105 Exhibit A Opens 4/21/2017 at 2:30 P.M,
(i) Ability to "crop" a license plate image area from the optimal license
plate image in the multiple -image license plate set to establish vehicle
ID, and subsequently print the cropped plate area image to the notice;
0) Ability to "accept" or "reject" infraction sets and record
the reason an infraction was rejected
(k) Ability to generate printed warning letters (during the first 30 days to 6
months after installation of new intersections at the City's discretion);
(1) Systems should have the capacity to produce statistical analysis of
camera locations and operations including: ability to generate printed
infraction notices;
(m) The system should be capable of copying all processed infraction
evidence and "rejected' infraction data in an agreed upon electronic format
and provide it to the Police Department on a regular basis (weekly or
monthly), with the ability to store and archive all processed infraction
evidence into a secured database.
(n) 24/7 ability to access any stored infraction image from the
system's database subject to agreed archive rules
(o) 24/7 ability to request and immediately view images recorded
as evidence of a Red Light Traffic Control Signal Violation.
(p) 24/7 ability to immediately request, view and print both standard
and user -defined reports
(q) Secured Access Control and automatically generated Electronic
Audit Trails
(r) The system should encrypt data that is stored or accessed via a
network and provide for decryption management.
(s) Ability to review and accept 2°a review of UTC
5.2.6 Contractor system should be capable of:
a) Preparing and mailing Notice of Violations for all chargeable
violations to all registered vehicle owners
b) Preparing and mailing a second notice for any infractions that
remain unpaid as of their due date (at the direction of the City).
c) Upon notification by City, preparing and mailing Notices of Hearings
5.2.7 Violations for which registered owner data is available shall
normally be issued within five (5) business .days of the date the Police
Department authorizes issuance of a Notice of Violation.
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5.2.8 Explain system for obtaw ing vehicle ownership information so
that Notices of Violation are sent accurately and reliably to
registered owners of vehicles committing infractions.
5.2.9 (a) Web-based Services — City Access
The Contractor shall provide secure web based method for review of
violations by authorized City personnel.
5.2.9 (b) Web-based Services — City Access
The Contractor shall provide a web-based method for the examination,
retrieval and/or reproduction of images for any photographed vehicle.
5.2. 10 Web-based Services — Public Access
The Contractor shall provide a secure; view only, web-based method
for review of violations by the public,
5.3 Statistical Analysis anda or�ti r Systems
5.3.1 Systems should have the capacity to produce statistical analysis of
camera location and operations will be preferred; including, at minimum:
a Hours of use per camera by operational site;
b) Number of suspected violations recorded per day and per
month by each camera by site
c Traffic counts by lane, date and hour.
5.3.2 The Contractor's Processing system should be capable of
immediately generating operations reports 24/7 including:
a Number of infractions recorded;
b Count of infractions where notices not prepared;
c) Notices prepared and mailed; and
d) Status of notices issued (outstanding, canceled, reissued and
so forth).
5.3.3 The Contractor system should also produce reports of:
a Camera equipment hours of service and hours lost; and
b) Number and description of camera or other equipment
malfunctions.
5.3.4 The Contractor's system should be capable of providing Infraction
and Traffic Statistics as follows:
a Real-time traffic volume and vehicle counts; and
b Real-time infraction graphs and chart b
i) Individual lane
ii) Time of day
iii) Day of week
17-29 Red Light Enforcernent 97 of 105 EXhIhit A
Opens 4/21
2017 at 2:30
I.M.
5.3.5 Contractor's systems should analyze results obtained from each
location to show the prosecutable image rate (e.g., the number of
notices issued compared to the number of infractions captured)
and the traffic count statistical information.
5.3.6 Contractor's systems should have online reporting capability in real
time; and allow the Contractor to provide the City with a monthly
activity report of photo traffic enforcement results. Monthly reports
should be provided within fifteen (15) days following the end of the
month. The Contractor should submit separate reports for fixed
enforcement systems.
5.3.7 The monthly report should indicate the following:
a The number of violations photographed
b) The Notice of Actionable Violation images
c The number of un actionable violation images
d) The number of actionable vs un actionable images captured by
location and in total
e) The total number of violations that occurred and percentage of total
vehicle traffic by lane and by intersection
f) Total number of violations of red lights that are directed to the Police
De artment for review.
g) The total number and percentage of rejected images and the reason
for reiections
h Total number of paid violations.
i) The Contractor should submit a monthly report of vehicles
committinp, three or more violations in one calendar year.
j) The Contractor should provide quarterly and yearly summary data
and year-to-date statistics. The Contractor shall prepare an initial program
evaluation report six months after the beginning of the program. The report
should include an analysis of the initial program data and an explanation of
the program improvements that have been planned and implemented, if any.
The Contractor should complete and submit a comprehensive program
evaluation at the end of the first year of the contract and each subsequent
lc) The Contractor should provide any other reports(s) and document
s as are mutually agreed upon by the City and the Contractor.
5.3.8 Does your system require that video or other images are stored of
non -violators?
5.3.9 What specifically does your system do to prevent or restrict non -
violator image capture and storage?
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5.3. 10 What procedures are in place or can be put in place to prevent the
image capture of non -violators?
5.3.11 What can be done to ensure the destruction of images after the legally
required storage period for each infraction?
5.3.12 The Contractor should maintain a proper chain of custody in
accordance with established law that meets the requirements of the
City.
5.3.13 Initial images produced by digital cameras or video should be
maintained by the Contractor, for a period in accordance with the
State of Florida Government Record Retention Schedule as
determined by the City.
5.3.14 The Contractor shall maintain sufficient records to ensure compliance
with Florida State Statutes.
5.3.15 The Contractor should submit a monthly report of all unusable and un
actionable images with documentation regarding why the photograph
was unusable and/or why a citation was not generated to the Police
Department. Monthly reports should be provided within 15 calendar
days from the end of the precious month.
5.3.16 The equipment should be capable of gathering traffic data for
statistical analysis. Copies of sample reports should be attached.
5.4 Image Transmission Security and Data Storage
5.4.1 Contractor should provide for image and data security that shall
prevent unauthorized persons from accessing or tampering with the
camera images and databases (explain methodology).
5.4.2 The Contractor should store all enforceable images produced by
the cameras or video for no less than the period required under the
Florida Government Record Retention Schedule as determined by the
City.
5.4.3 Contractor should provide the Police Department the following
items upon request:
a. . All issued and disputed Notices of Violation to the party
b. A Notice of Infraction history report reLaLding the owner and vehicle
c) A correspondence file
d. A payment history
e. A du hcate of the Notice of Violation
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f.) A duplicate of all images related to the incident causing the Notice of
Violation to be generated
17-29 Red Light Enforcement 100 of 105 Exhibit A Opens 4121/2017 at 2,30 P.M.
5.4.4 The Contractor should ensure the images and data are maintained
in a secure environment and are not altered. Please describe how this is
accomplished?
5.4.5 At the request of the City the Contractor shall provide, at no cost, a
qualified expert witness who is knowledgeable on the theory, operation and
functional capabilities of the automated camera red light camera traffic
enforcement system.
5.5 Maintenance. Support and Training
5.5.1 All maintenance of camera, video, sensors, computer and related
equipment shall be the responsibility of the Contractor. This shall include
provisions of electricity or other sources of power to the equipment at
Contractor's expense.
5.5.2 Describe the proposed standard process for how often the camera
or video systems will be visited for maintenance and inspection.
Explain what occurs during a maintenance and inspection visit.
5.5.3 The Contractor should be responsible for the maintenance, repair
and replacement of all photo traffic enforcement equipment
provided under this contract. Photo equipment enforcement
equipment maintenance should be performed in accordance with
the maintenance program agreed upon by the Contractor and the
City.
5.5.4 The Contractor should repair or replace photo traffic enforcement
equipment that is malfunctioning within seventy-two (72) hours
of the malfunction. Damaged or vandalized equipment should be
repaired or replaced within Seventy-two (72) hours of the
occurrence of the damage or vandalism. The Contractor should
determine whether malfunctioning, damaged or vandalized
equipment would be repaired or replaced.
5.5.5 The Contractor should replace photo traffic enforcement equipment
that has been stolen or- otherwise removed within seven (7) days of
the removal:
17-29 Red Ught Enforcement 101 of 105 Exhibit A Opens 1/2112017 at 2:30 P.M.
5.5.6 The Contractor should be responsible for the maintenance, repair
and replacement of all photo traffic enforcement signage and its
associated mounting hardware.
5.5.7 Signs that have been vandalized, damaged or removed should be
repaired or replaced by the Contractor within seventy-two (72)
hours, as directed by the City of Sarasota. The City shall
determine whether a damaged or vandalized sign will be repaired
or replaced.
5.5.8 The Contractor should provide documentation and witnesses as
necessary to testify as to the accuracy, calibration, maintenance,
repair records, technical operation and effectiveness of the digital
cameras and related equipment for contested complaints. These
services should be provided at no additional cost to the City.
5.5.9 The Contractor's personnel should be prepared to testify in any and
all court proceedings arising from the issuance of a photo red light
infraction in the City of Sarasota.
5.5. 10 Contractor should provide ongoing training support for their
product.
5.5.11 The Contractor should provide hands-on training as necessary to
personnel as required by the City.
5.5.12 Contractor should famish training materials.
5.5.13 The Contractor should provide reasonable and necessary training in
the operation of the digital camera systems for appropriate City staff.
Training should provide the City's personnel with a basic understanding of
the photo enforcement system operation, the review process, and a detailed
understanding of the system interface with the City's traffic signal equipment
5.5.14 The Contractor should provide training on the use of the Contractor's
computer system to authorized City staff.
5.5.15 The training should be conducted within the City of Sarasota. at a site
that is convenient for City personnel.
5.5.16 All training should be provided at no additional cost to the City,_
5.5.17 The Camera or video System should be capable of on-site or remote
activation and maintenance support.
5.5.18 The Camera or video System should perform a self-test on set-up.
17-29 Red Light Enforcement 102 of 105
opens 4/212017
at 2:30
I.M.
5.5.18.a The camera or video system should simulate an infraction being
recorded for testing purposes?
5.5.18.b The camera or video system should communicate error messages?
5.5.18.c The camera or video system should record date and time of system
shutdown in the event of a malfunction?
5,5.19 The camera or video system should allow a malfunction to be easily
identified and debuaged online.
5.5.24 The camera or video system should comply with 5.1.6 to substantiate
multiple and/or simultaneous infractions occurring during any single red signal
phase. Ex. Two or more vehicles run the same red light at the same time
(Sample infraction images to demonstrate this capability are required as part
of this proposal).
5.5.21 System should provide 24/7 "live" intersection monitoring and viewing
capabilities from any mobile computer or smart phone.
5.5.22 All camera system component operations should be synchronized to a
single, standard, independent, external and verifiable time and date source.
Explain how.
5.6 Operations and Public Awareness
5.6.1 Describe the Project Management method to be used by the
Contractor to ensure a successful project implementation for the City?
5.6.2 Describe the skills and qualifications of the Project manager and the
implementation team members that will be assigned to this project?
5.6.3 Provide a proposed time-line that will allow the program to meet the
below deadlines: (Please attach time-line to RFP response)
- Become operational for the issuance of Warning Notices of
Violation.
— Be capable of issuing actual Notices of Violation to vehicle owners.
5.6.4 Provide a list of City responsibilities/tasks from the perspective of the
contractor?
17-29 Red Light Enforcement 103 of 105 Exhibit A
Opens 4/21
2017 at 2:30 I.M.
5.6.5 Contractor should provide assistance with the content and design of a
public education program and associated materials to be funded by
the Contractor and implemented at the discretion of the Police
Department Public Information Office. (i.e. Newspaper ads, mailed
flyers, roadway signs, etc.).
5.6.6 At the request of the City, the Contractor should participate in an on-
going media campaign to provide program awareness to the public.
In addition, the Contractor maybe required to attend public meetings
and assist City staff in demonstrating the equipment used for the
15.7 Fees and Scope of Work for Pricing I I I I
The price/revenue proposal shall be based on the three options stated in
Exhibit C
The City will use a mathematical formula for determining allocation of cost points to each responsive,
responsible contractor. The highest revenue or lowest cost (depending on option selected by the City),
responsive responsible contractor, receives the maximum allowable points. Calculations are done by
formula stated below:
2nd highest proposed revenue minus highest revenue = X X
divided by highest revenue = Y
Y times the total number of revenue points = Z
Total number of revenue points minus Z = points assigned to 2nd highest contractor and soon.
5.7.2 Contractor should provide a project manager for the project as the
5.7.3 Contractor should provide intersection design and installation plans
for review and approval by the City of Sarasota, and Traffic Engineering if
5.7.4 Contractor should install and maintain installed cameras and any
5.7.5 Contractor should be responsible for loading, optimizing, and license I I
plate data entry processing of images for review.
17-29 Red Light Enforcement 104 of 106 Exhibit A Opens 412112017 M
1
5.7.6 Contractor should prepare the notice letters referenced in Section
5.2.6 for all chargeable infractions and will mail such notice letters to all
vehicle owners. The Contractor should include a return envelope for
t)avments with all notice letters.
5.7.7 Contractor should provide all required notice processing supplies
including, paper, envelopes, postage, toner, and all notice printing
sul3l2lies.
5.7.8 Notices should include one set of images and a license plate
image, as well as instructions as to viewing the alleged infraction via the
internet.
5.7.9 Contractor should provide a means for the fines to be paid on-line
by credit or debit card.
5.7. 10 Contractor should provide a means for the fines to he paid by phone
using a credit or debit card.
5.7.11. Describe the revenue sharing formula?
5.7.12 Contractor should provide a process to relocate previously
5.7.13 Identify any costs, (if any) to the City, related to the relocation of
previously installed Red Light Camera Enforcement equipment, to a
new location.
5.7.14 Identify the period of time in days to perform the initial installation of
the vendor's system and for it to become operational?
5.7.15 Identify the period of time in days to relocate previously installed
Red Light Camera Enforcement equipment from the initial
location to a different location and for it to become operational?
5.7.16 The Police Department should receive collected funds from violators
on a regular scheduled agreed upon by the Police Department (ex. Monthly).
17-29 fled Light Enforcement 105 of 105 Exhibit A Opens 1/1/2017 at 2:30 P.M.
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EXHIBIT A
RadSpee& Fiorrda,LLC
Exhibit A
REDSPEED SCOPE OF WORK
1. REDSPEED agrees to provide a turnkey solution for Camera Systems to the Customer wherein all
reasonably necessary elements required to implement and operate the solution are the
responsibility of REDSPEED, except for those items identified in Section 2 titled "Customer Scope
of Work". REDSPEED and the Customer 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 to the proper party the responsibility and cost for such items. In general, if work is
to be performed by the Customer, unless otherwise specified, the Customer shall not charge
REDSPEED for the cost. All other in -scope work, external to the Customer, is the responsibility of
REDSPEED
2. REDSPEED agrees to make every effort to adhere to the Project Time Line agreed upon between
the parties and based on the Best and Final Offer.
3. REDSPEED will install Camera Systems at a number of intersection or grade crossing approaches
-to be agreed upon between REDSPEED and the Customer after completion of site analyses. in
addition to any initial locations, the parties may agree from time to time to add to the quantities
and locations where Camera Systems are installed and maintained.
4. REDSPEED will operate each Camera System on a 24-hour basis, barring downtime for
maintenance and normal servicing activities.
5. REDSPEED' in-house public relations department will assist the Customer with public information
and outreach campaign strategies as detailed in REDSPEED's RFP response.
6. REDSPEED agrees to provide a secure web site (www.RedLightV!olations.com) accessible to
recipients who have received Notices of Violation or Uniform Traffic Citations by means of a
Notice # and PIN, which will allow violation image and video viewing.
7. REDSPEED normally shall provide technician site visits to each Camera System once per month to
perform preventive maintenance checks consisting of camera enclosure lens cleaning; camera,
strobe and controller enclosure cleaning; inspection of exposed wires; and general system
Inspection and maintenance.
8. REDSPEED shall repair a non-functional. Camera System within 48 business hours of
determination of a malfunction.
9. REDSPEED shall repair the IPE System within 1 business day from the time of the outage, Outages
of Customer Internet connections or infrastructure are excluded from this service level.
10. For any city using REDSPEED lockbox or credit card payment services, REDSPEED will establish a
demand deposit account bearing the title, "RedSpeed Florida LLC as agent for Customer" at First
Midwest Bank. All funds collected on behalf of the Customer will be deposited in this account
and transferred by wire the first business day of each week to the Customers primary deposit
bank. The Customer will identify the account to receive funds wired from First Midwest Bank.
Page 11117
EXHIBIT A
RedSpeaid® Florlda,LLC
Customer shall sign a W-9 and blocked account agreement, to be completed by the Customer, to
ensure the Customer's financial interest in said bank account is preserved.
11. REDSPEED will design, fabricate, install, obtain permits and maintain one red light camera
warning sign for each monitored approach.
12. REDSPEED or subcontractors will be responsible for any costs associated with building,
construction, electrical, street use and/or pole attachment permits.
13. REDSPEED shall assign a project manager who will be the liaison between the Customer and
REDSPEED and will be responsible for project activities such as development of a project plan and
tracking of deliverables. The Customer shall reserve the right to request a new project manager.
14. REDSPEEDshalt provide Customer with an automated web -based citation processing system
(RedCheck) including image processing, color printing and mailing of a Notice of Violation per
chargeable event. Each Notice of Violation shall be delivered by first class mail to the Owner
within the statutory period. Mailings to Owners responding to Notices of Violation identifying
drivers in affidavits of non -liability or by rental car companies are also included.
15. REDSPEED shall provide the Traffic Infraction Enforcement Officer with access to RedCheck, for
the purposes of reviewing Violations Data within five (5) days of the gathering of the Registered
Vehicle Owner Information, but in any event no less than fifteen (15) days after the violation has
occurred, and as to the issuance of Uniform Traffic Citations, within five (5) days of the expiration
of the time frame under the State Law when a recipient of a Notice of Violation fails to pay the
penalty or submit an affidavit of non -responsibility that satisfies the requirements of the State
Law.
16. REDSPEED shall provide the Traffic Infraction Enforcement Officer with information to review
whether a Uniform Traffic Citation should be issued after failure of the owner to pay or submit
an affidavit within thirty (30) days after Notice of Violation, provided that the Traffic Infraction
Enforcement Officer has five (5) days to review the information and determine if a Uniform
Traffic Citation shall be issued in accordance with State law.
17. REDSPEED hereby acknowledges and agrees that the decision to issue Notice of Violation and
Uniform Traffic Citations shall be the sole, unilateral and exclusive decision of the Traffic
Infraction Enforcement Officer consistent with State Law.
18. Reminder notices may be delivered by first class mail or other mail means.
19. RedCheck shall apply an electronic signature to a Notice of Violation or Uniform Traffic Citation
when authorized to do so by an approving Traffic Infraction Enforcement Officer.
20. REDSPEED shall obtain in-state vehicle registration information necessary to issue citations if it
is named as the Customer's agent.
21. REDSPEED shall seek records from out-of-state vehicle registration databases and apply records
found by RedCheck to issue citations for the Customer.
22. If Customer is unable to or does not desire to integrate REDSPEED data into its adjudication
system, REDSPEED shall provide an on-line adjudication processing module, which will enable
the adjudication function to review cases, related images, correspondence, and other related
Information required to adjudicate the disputed Uniform Traffic Citation.
Page 1217
EXHIBIT A►
�ad5pil e& FIorada,LLC
23. REDSPEED shall provide to the Customer access to RedCheck system, which provides the
Customer with ability to run and print all standard system reports.
24. If required by the Customer, REDSPEED shall, at REDSPEED' expense provide the Customer with,
and train a local expert witness able to testify in administrative proceedings and in court on
matters relating to the accuracy, technical operations, and effectiveness of the IPE System until
judicial notice Is taken.
25. In those instances where damage to a Camera System or sensors is caused by negligence on the
part of the Customer or its authorized agent(s), REDSPEED will provide Customer an estimate of
the cost of repair. Upon authorization to proceed with the repairs or replacement, REDSPEED
shall replace or repair any damaged equipment and Invoice for the pre -approved repair cost.
REDSPEED shall bearthe cost to replace or repair equipment damaged In all other circumstances.
26. REDSPEED shall provide a toll-free, Customer -specific help tine to help the Customer resolve any
problems encountered regarding its Red Light Camera System and/or citation processing. The
help line shall function during normal business hours. Call Center hours for violators is Monday -
Friday 9:00 AM to 5 PM EST, IVR for violators is 24 x 7, 365 days.
27. As part of its turnkey system, REDSPEED shall provide Owners with the ability to view Recorded
Images of Violations involving their motor vehicles online. This online viewing system shall
include a link to the REDSPEED payment website(s) and may offer the opportunity to download
a form of affidavit to establish an exemption under Section 316.0083(1)(d)'of the Florida
Statutes. Online obtained affidavits submitted in response to a Notice of Violation or Uniform
Traffic Citation shall be directed to and processed by REDSPEED and communicated to Customer
via the RedCheck system. REDSPEED shall adhere to timelines and other regulations specified in
Section 316.0083 of the Florida Statutes in the processing of affidavits.
28. Upon expiration of the due date of the Notice of Violation, RedCheck shall Issue a Uniform Traffic
Citation, which shall be delivered by certified mail to the Owner within the statutory period. The
Issuance of the Uniform Traffic Citation shall be based on the Traffic Infraction Enforcement
Officer's approval. Additional fee for mailing of Uniform Traffic Citation, assuming no return
receipt is required, will be billed per unit as published by the U. S. Postal Service.
29. REDSPEED shall charge, collect, and retain a maximum convenience fee of 5.00% each for
electronic payments provided. Such fee is paid by the violator. City will not receive any of said
convenience fee. City assumes no liability, responsibility, or control for said fee sought by
REDSPEED.
Page 13 117
EXHIBIT A
RedSpee& Flo rida,LLC
CUSTOMER SCOPE OF WORK
1. Within seven (7) business days of contract execution, the Customer shall provide REDSPEED with the
name and contact information for a project manager with authority to coordinate Customer
responsibilities under the Agreement.
2. Within seven (7) business days of contract execution, the Customer shall provide REDSPEED with the
name and contact information for an Appeals Coordinator or staff responsible for oversight of all
related program requirements.
3. Within seven (7) business days of the execution of Amendment No 1 to the Agreement, Customer
shall provide REDSPEED with the name and contact Information for a Uniform Traffic Citation manager
responsible for oversight of all Uniform Traffic Citation -related program requirements.
4. Within seven (7) business days of execution of Amendment No. 1 to the Agreement, Customer shall
provide REDSPEED with the name(s), contact information, and electronic signature(s) of all Traffic
Infraction Enforcement Officers authorized by Customers police or sheriff's department to approve
and issue Notices of Violation and Uniform Traffic Citations.
5. Customer shall establish a method by which an Owner who has received a Notice of Violation or a
Uniform Traffic Citation may review the images and video evidencing the Violation at
www.RedLightV!olations.com free of charge. This may be at a publicly available terminal at a
Customer facility or by appointment with the Uniform Traffic Citation manager.
6. The Customer shall make every effort to adhere to the Project Time Line to be agreed upon between
the parties.
7. Customer and REDSPEED shall complete the Project Business Process Work Flow design within thirty
(30) calendar days of contract signature, in accordance and consistent with the Best and Final Offer.
B. REDSPEED will relocate a camera at no cost to new enforcement location once it has been mutually
agreed upon between REDSPEED and Customer.
9. The Customer shall assist REDSPEED in obtaining access to traffic signal phase connections according
to approved design.
10. Where possible, Customer shall assist REDSPEED in obtaining access to power from existing power
sources. Where possible, Customer shall assist in obtaining access to traffic signal phase connectors
to a pull box, pole base, or controller cabinet nearest to each Camera System within the Customer's
jurisdiction. The costs, if reasonable, for any additional conduit or power infrastructure needed to
support installation of the Camera System shall be funded by REDSPEED.
11. Customer shall endeavor to approve or reject REDSPEED submitted plans within seven (7) business
days of receipt. REDSPEED and Customer will endeavor to approve the plans in a timely manner.
12. The Customer will endeavor or to issue all needed permits to REDSPEED and its subcontractors in an
expedited fashion of plan approval
13. If use of private property right of way is needed Customer shall assist REDSPEED in acquiring
permission to build in existing utility easements as necessary. Any additional cost for private property
right of way lease/rental costs shall be borne by REDSPEED. REDSPEED reserves the right to not install
on private property if the costs are unreasonable.
EXHIBIT A P a g e 14 117
RedSpee& Florlda,LLC
14. Customer may allow REDSPEED to build needed infrastructure in existing Customer owned easement
as necessary and only after required permits have been approved.
15. Customer's Traffic Infraction Enforcement Officer(s) shall process each potential violation in
accordance with State Law and/or Customer Ordinances within five (5) days (excluding Saturday,
Sunday and City observed holidays) of its appearance in the Law Enforcement Review Queue, using
RedCheck to determine which Violations will be issued as Notices of Violation.
16. Within seven (7) days of the execution of Amendment No.1 to the Agreement, Customer shall provide
REDSPEED with a form of Uniform Traffic Citation that compiles with the provisions of Chapter 316 of
the Florida Statutes, with the understanding that some modifications may be necessary to enable use
with REDSPEED's systems.
17. Customer shall provide REDSPEED with instructions or specifications for the treatment of affidavits,
with the understanding that any modifications that are necessary to ensure compatibility with
REDSPEED's processes are subject to the City's approval or disapproval.
18. Police Department workstation computer monitors for citation review and approval should provide a
minimum resolution of 1280 x 1024.
19. For optimal data throughput, Police Department workstations should be connected to a high-speed
Internet connection with bandwidth of T-1 or greater.
20. Police Department shall provide signatures of all authorized police users who will review events and
approve citations on forms provided by REDSPEED.
21. If Customer does not provide payment processing services, Customer shall use REDSPEED payment
processing services. The fees for lockbox credit card services are included as part of the fixed fee
structure.
22. All Uniform Traffic Citation hearings/proceedings shall be conducted in accordance with the laws of
the State of Florida. REDSPEED shall not be required to provide a judge or hearing officer or
adjudication facillties to schedule and hear disputed Uniform Traffic Citations.
23. Customer shad handle inbound and outbound phone calls and correspondence from defendants who
have questions about disputes, and other issues relating to citation adjudication. Customer may refer
citizens with questions regarding REDSPEED or IPE System technology and processes to websites
and/or toll-free telephone numbers provided by REDSPEED for that purpose.
24. Any potential, one time, direct costs to REDSPEED to develop an interface between the Customer's
computer system will be Initially paid by REDSPEED and any such reasonable costs will be reimbursed
to REDSPEED in addition to its normal fees, upon receiving the appropriate prior approval of the City.
25. If remote access to the REDSPEED IPE System is blocked by Customer network security infrastructure,
the Customer's Department of Information Technology shall coordinate with REDSPEED to facilitate
appropriate communications while maintaining required security measures.
EXHIBIT A Page 15 117
RedSpeedm FA®rideAc
SCHEDULE 1
SERVICE FEE SCHEDULE
The Customer agrees to pay REDSPEED the Fee(s) as Itemized below:
1. Description of Pricing
Fees are based on per approach, per month, pro -rated for camerasinstalled mid -month, and are
as follows:
Flat Fee Blended Pricing
# of Cameras
Flat Fee Price Per Month Per Approach
1 to 5
$3,900
6 to 10
$3,800
11 to 20 or more
$3,500
4 $4.00 per Certified Mailing, no receipt
Service Fees Include: Fee includes all costs required and associated with camera system
installation, maintenance and on-going field and back-office operations. Includes red-light
camera equipment, installation, maintenance, violation processing services, DMV records access,
mailing of required documents, lockbox and credit card processing services, call center support
for general program questions, public awareness program support and access to web -based IPE
System for Traffic Infraction Enforcement Officer review
2. Cost Neutrality:
REDSPEED will maintain an accounting of any net balances owed to REDSPEED each quarterly
billing period. If the total amount of funds collected for all Cameras during any quarterly period
Is less than the amount of REDSPEED's invoices for the same quarterly period, REDSPEED will
waive the difference.
3. Optional Services:
License Plate Reader module: $200 per month per approach.
(RedSpeed will install 6 LPR modules at no cost to the Customer).
4. Technologv Upgrades:
REDSPEED will provide free technology upgrades at no cost to the Customer when they become
available to REDSPEED.
EXHIBIT A P a g e 16 117
IlledSpeed'm FI®rida,LLC
M111•
ENFORCED APPROACHES
1. SB S Tuttle Ave @ Bahia Vista St.
2. EB Bahia Vista St @ S Tuttle Ave.
3. NB S Tuttle Ave. @ Bahia Vista St.
4. NB N Washington Blvd @ Fruitville Rd.
5. EB Fruitville Rd @ N Washington Blvd.
6. WB Frultville Rd @ N Tuttle Ave.
7. NB N Tamiami Trail / US 41 @ University Pkwy.
8. SB N Tamiami Trail / US 41 @ University Pkwy.
9. SB N. Washington Blvd @ 17th St.
10. NB S. Tamiami Tr. / US 41 @ Siesta Dr.
11. SB N. Beneva Rd. @ Fruitville Rd.
12. NB S Tamiami Trail / US 41 @ Bee Ridge Rd.
13. SB S Tamiami Trail / US 41 @ Bee Ridge Rd.
14. WB Bee Ridge Rd @ S Tamiami Trail / US 41.
15. SB N. Lockwood Ridge Rd. @ Fruitville Blvd.
16. WB Fruitville Rd. @ N. Lockwood Ridge Rd.
17. SB N. Tuttle Ave. @ Fruitville Rd.
18. EB Fruitville Rd. @ N. Lockwood Ridge Rd.
19. NB S. Tamiami Tr. / US 41 @ Bahia Vista St.
20. SB S. Tamiami Tr. / US 41 @ Bahia Vista St.
EXHIBIT B Page 17 117
DocuSign Envelope ID: 98F47575-4535-4A85-B322-8D8C97C4397C
THIRD EXTENSION OF AGREEMENT FOR RED LIGHT
CAMERA ENFORCEMENT SERVICES
THIS THIRD EXTENSION OF AGREEMENT FOR RED LIGHT CAMERA.
ENFORCEMENT SERVICES, made and entered into on 17 July 2023 by and
between the CITY OF SARASOTA, FLORIDA, a municipal corporation, hereinafter referred to
as, "CITY," and REDSPEED FLORIDA LLC, a Florida limited liability company, hereinafter
referred to as "CONTRACTOR".
WITNESSETH:
WHEREAS, CITY and CONTRACTOR entered into an Agreement for Red Light Camera
Enforcement Services dated January 25, 2018, as well as a First Extension thereof dated April 29,
2021 and a Second Extension thereof dated February 26, 2022, hereinafter collectively referred to
as the Agreement, by which CONTRACTOR provides for the implementation, administration and
servicing of an automated red light camera enforcement system for CITY pursuant to RFP #17-
29DD; and
WHEREAS, the Agreement, by its terms, is set to expire on April 30, 2023; and
WHEREAS, CITY and CONTRACTOR desire to enter into this Third Extension so as to
extend the term of the Agreement for the third of up to three additional one-year periods.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE
MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS:
I. Section 4, Term, of the Agreement is hereby modified so as to extend the term
thereof for the third of up to three (3) additional one-year periods. As modified, said Section 4
will provide as follows:
4. Term: The term of this Agreement commenced on March 1, 2018,
and the Project Scope of Services commenced on May 1, 2018. This Third
Extension will become effective on May 1, 2023 and will expire at 11:59 p.m. on
April 30, 2024. This Agreement cannot be extended. This Third Extension will
relate back to, and become effective as of, May 1, 2023 without regard to the date
of execution.
2. Except as expressly set forth herein, all of the terms, covenants and conditions of
the Agreement are hereby ratified and confirmed by CITY and CONTRACTOR and each, by the
DocuSign Envelope ID: 98F47575-4535-4A85-8322-8D8C97C4397C
execution of this Third Extension of Agreement for Red Light Camera Enforcement Services,
hereby signifies their intent to be bound thereby.
IN WITNESS WHEREOF this Third Extension of Agreement for Red Light Camera
Enforcement Services has been signed and sealed, in duplicate, by the respective parties hereto.
DATED on 17 July 2023 by the City of Sarasota, Florida.
DATED on 06 hily 2023 by Redspeed Florida LLC.
ATTEST:
DocuSlpned by:
By:Uj;
ayla5 riggs
City Auditor and Clerk
Approved as to form and correctness
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City Attorney
Tammy's Files\Agreements\P-TNRedSpeed - 3 extend (3/28/23)
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CITY OF SARASOTA, FLORIDA
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Mayor
REDSPEED FLORIDA LLC
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Robert Liberman
Program Manager
Certificate Of Completion
Envelope Id: 98F4757546354A85B3228D8C97C4397C
Subject: Red Light Camera Enforcement 17-29DD
Source Envelope:
Document Pages: 2 Signatures: 4
Certificate Pages: 6 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC -05:00) Eastern Time (US & Canada)
Record Tracking
Status: Original Holder: Carlos Marmolejos
06 July 2023 113:36 Carlos.Marmolejos@sarasotaFL.gov
Signer Events Signature
Rex Troche Completed
Rex.Troche@sarasotaFL.gov
Chief
Security Level: Email, Account Authentication Using IP Address: 170.55.157.162
(Optional) Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 06 July 2023 115:55
ID: 7d32eeac-d886-4a2a-a343-2d4ffOb9d 12a
Robert Liberman D...4 by:
Robert.liberman@redspeed-USA.com 196; (�Iet.Yt ou'
Security Level: Email, Account Authentication 71CAI000613841D...
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 06 July 2023 115:59
ID:ddaged70-5747-4c88-9c57-70lb866edeee
Carlos Marmolejos
Cados.Marmolejos@_sarasotaFL.gov
Assistant Purchasing General Manager
City of Sarasota
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Krista Ford
krista.ford@sarasotafl.gov
Signing Group: CAC Contract Processing
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature Adoption: Pre -selected Style
Using IP Address: 70.35.83.191
Signed using mobile
Completed
Using IP Address: 163.116.250.43
Completed
Using IP Address: 199.181.82.4
Docuftff
Status: Completed
Envelope Originator:
Carlos Marmolejos
1565 1st Street
Sarasota, FL 34236
Carlos. Marmolejos@sarasotaFL.gov
IP Address: 163.116.250.43
Location: DocuSign
Timestamp
Sent: 06 July 2023 113:41
Viewed: 06 July 2023 15:55
Signed: 06 July 2023 115:59
Sent: 06 July 2023 115:59
Viewed: 06 July 2023 115:59
Signed: 06 July 2023 116:00
Sent: 06 July 2023 16:00
Viewed: 06 July 2023 116:01
Signed: 06 July 2023 116:01
Sent: 06 July 2023 116:01
Resent: 06 July 2023 16:12
Resent: 07 July 2023 107:43
Viewed: 07 July 2023 108:41
Signed: 07 July 2023 108:47
Signer Events
Kyle Battle
Kyle.Battie@sarasotaFL.gov
Mayor
Signing Group: City Mayor
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Shayla Griggs
shayla.griggs@sarasotafl.gov
City Auditor and Clerk
City of Sarasota
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(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Robert Fournier
Robert. Fournier@sarasotaFL.gov
City of Sarasota
Signing Group: Attorney Contracts
Security Level: Email, Account Authentication
(Optional)
Signature
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O6WBs
Signature Adoption: Drawn on Device
Using IP Address: 199.181.82.4
Signed using mobile
E 0maigned by:
&1e
Signature Adoption: Uploaded Signature Image
Using IP Address: 163.116.250.41
EDoou810ned by:
ebt,vf i✓ounn,it,r
034BE33CDOD0440-.
Signature Adoption: Pre -selected Style
Using IP Address: 73.27.231.192
Timestamp
Sent: 07 July 2023 108:47
Resent: 10 July 2023 16:10
Resent: 11 July 2023 109:38
Resent: 12 July 2023 113:06
Resent: 17 July 2023 110:51
Viewed: 17 July 2023 115:01
Signed: 17 July 2023 115:01
Sent: 17 July 2023 115:01
Viewed: 17 July 2023 15:07
Signed: 17 July 2023 115:07
Sent: 17 July 2023 115:07
Viewed: 17 July 2023 121:20
Signed: 17 July 2023 121:21
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp -
Agent DeliveryEvents
Status.
Timestamp
IntermediaryDelivery: Events
Status
Timestamp.
Certified DeliveryEvents
Status
Timestamp >
Carboni Copy Events
Status
Timestamp '
Nick Dazio
Sent: 17 July 2023 121:21
Nick.Dazio@sarasotaFL.gov
E
CORE �i
4 i G
Viewed: 18 July 2023 107:01
City of Sarasota
Signing Group: Records
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events
Signature
Timestamp
Notary Events
Signature.
Timestamp
Envelope. Summary Events
Status
Timestamp8
Envelope Sent
Hashed/Encrypted
06 July 2023 13:41
Certified Delivered
Security Checked
17 July 2023 21:20
Signing Complete
Security Checked
17 July 2023 121:21
Envelope SummaryEvents Status Tmesfamps
.._ _ l
Completed Security Checked 17 July 2023 21:21
Payment:,Ev'ents' Status Timestamps
Electronic Recor&anI SignAtare Disciospre
`I
Electronic Record and Signature Disclosure created on: 14 February 2019 113:49
Parties agreed to: Rex Troche, Robert Liberman
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
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Sarasota.
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Edward Santiago, Chief of Police
DATE: May 15, 2025
RE: Approval of a First Amendment to the Agreement with Redspeed Florida, LLC
for Additional Red -Light Cameras
RECOMMENDATION:
Staff recommends approval of this resolution.
REASONS:
In an effort to continue to prioritizing pedestrian and motorist safety, this contract amendment with
RedSpeed is for additional red-light cameras at the following intersections: 174th Street and Collins
Avenue (north and south directions) as well as Sunny Isles Boulevard and Collins Avenue (north and
south direction).
RedSpeed has provided the city with a quote in the amount of $440,800.00. This contract amendment
will increase the total not to exceed amount to $1,330,000.00. The anticipated installation of these
cameras is set for July of 2025 and as of that timeline the contract would have an estimated 29 months
remaining.
ADDITIONAL INFORMATION:
Copies of the complete contract, including all exhibits and attachments, are on file with the Office of the
City Clerk and are available upon request.
FUNDING SOURCE:
Funds have been appropriated in Account No.: 001-3-5210-XXXXX-XXXX.
ATTACHMENTS:
Resolution
First Amendment
Item Number: 9.A
72
Item Number: 9.A
73