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HomeMy WebLinkAboutReso 2025-3878RESOLUTION NO. 2025 - 56 7 V A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH REDSPEED FLORIDA, LLC TO PROVIDE AND INSTALL A SPEED PHOTO ENFORCEMENT SYSTEM, 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, the City of Sunny Isles Beach (the "City") is committed to enhancing public safety, particularly in school zones, through traffic enforcement technologies; and WHEREAS, the Sunny Isles Beach Police Department has identified the need for a Speed Photo Enforcement System ("SPE System") to monitor and enforce speed limits in school zones surrounding the Sunny Isles Beach/Norman S. Edelcup K-8 School (the "School"); and WHEREAS, RedSpeed Florida, LLC (the "Vendor") is a certified and insured company with the necessary experience to provide the SPE System; and WHEREAS, the Vendor is able to provide a turnkey SPE System that includes installation, maintenance, violation processing, Department of Motor Vehicle and Highway Safety records access, signage, and public awareness support, designed to reduce speeding and improve pedestrian safety; and WHEREAS, the SPE System will operate in compliance with Florida law and includes access to the Vendor's secure web -based platform for traffic enforcement officers to review violations and issue citations; and WHEREAS, the Agreement is being procured through a cooperative purchasing agreement via Request for Proposal No. 005-24 under the Southeast Florida Governmental Cooperative Purchasing Group, led by the City of Plantation;;and WHEREAS, the Agreement will become effective upon the execution, and will expire on June 24, 2030; and WHEREAS, the City reserves the right to renew the Agreement for one (1) additional five (5) year period, provided the Vendor is in agreement; and WHEREAS, the SPE System will issue a $100.00 fine each Notice of Violation, with the collected funds distributed as follows: $39.00 to the City, $20.00 to the State of Florida, $12.00 to the School, $5.00 to support the crossing guards, $3.00 to Police education initiatives, and $21.00 to the Vendor for program administration and technology services; and WHEREAS, the City Commission now wishes to approve the Agreement with the Vendor to provide and install the SPE System, attached hereto as Exhibit "A". @BCL@4028E4AB Page 1 of 2 180 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with the Vendor to provide and install the SPE System, attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 4. Effective Date. This resolution shall become effective-tron adoption. PASSED AND ADOPTED this 18th day of Sept ep mber, 025. La ' a Svechi ; Mayor ATTEST: Maurlcio Betancur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4aaozow' in E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved • � .L. .�/, `�Seconded by: Vote: / Mayor Svechin — V Yes) (No) Vice -Mayor Lama (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@4028E4AB Page 2 of 2 181 AGREEMENT BY AND BETWEEN CITY OF SUNNY ISLES BEACH AND REDSPEED FLORIDA, LLC FOR SPEED DETECTION CAMERA SYSTEM FOR SCHOOL ZONES TERM CONTRACT AGREEMENT NO. 1. PARTIES AND DATE. This Agreement ("Agreement") is made and entered into this �ay of September, 2025 by and between the CITY OF SUNNY ISLES BEACH, a Florida municipal corporation, with its principal place of business at 18070 Collins Ave, Sunny Isles Beach, FL 33160, ("City") and REDSPEED FLORIDA, LLC, a Florida limited liability company, with its principal place of business at 400 Eisenhower Lane North, Lombard, IL 60148 ("RedSpeed"). City and RedSpeed are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 RedSpeed. RedSpeed has the knowledge, possession, and ownership of certain equipment, licenses, and processes referred to collectively as the "Speed Photo Enforcement System" (herein "SPE System") and authorized to do business in the State of Florida, and is familiar with the plans of the City. 2.2 Services or Project City desires to engage RedSpeed to provide a turnkey solution for "Speed Photo Enforcement System" (herein "SPE System") to the City wherein all reasonably necessary elements required to implement and operate the solution are the responsibility of RedSpeed, as further defined in this Agreement. City desires to use the SPE System to monitor and enforce school zone speed, and to issue citations for traffic violations. 2.3 Procurement This Agreement is procured through a cooperative Request for Sealed Proposals issued by the City of Plantation on behalf of the Southeast Florida Governmental Cooperative Purchasing Group, titled RFP 005-24 Speed Detection Camera System for School Zones, contract # 005-24, which was competitively procured pursuant to Plantation City Code Sec. 2-220(6) in which the City of Plantation sought formal competitive bids/proposals for the Services mentioned herein. Page 1 of 31 The City of Plantation competitive procurement process concluded that RedSpeed was the most advantageous firm for the City of Plantation, taking into consideration the evaluation factors and criteria set forth in the RFSP and successful negotiations. Pursuant to the City's procurement code, Section 62-13(C), purchases made under state general service administration contracts, federal, county or other governmental contracts or competitive bids with other governmental agencies, are exempt from the City's competitive bidding procedures. 3. Terms 3.1 Scope of Services and Term A. General Scope of Services. RedSpeed shall furnish a turnkey solution for "Speed Photo Enforcement System" (herein "SPE System") to the City wherein all reasonably necessary elements required to implement and operate the solution are the responsibility of RedSpeed, as further defined in this Agreement ("Services" or "Project"). The Services are more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto, and all applicable local, state and federal laws, rules, and regulations. RedSpeed acknowledges that the City may enter into agreements with other firms for services similar to the Services that are the subject of this Agreement or may have its own employees perform services similar to the Services. B. Term._ This Agreement shall have an initial term commencing upon the execution of this Agreement by all Parties, and shall expire June 24, 2029. In addition, the City reserves the right to extend this Agreement for one (1) additional five (5) year period, provided RedSpeed also agrees in writing to the extension upon such terms as the City and RedSpeed agree. 4. RESPONSIBILITIES OF REDSPEED. A. Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by RedSpeed or under its supervision. RedSpeed shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement, and the requirements of state law. City retains RedSpeed on an independent contractor basis and not as an employee. RedSpeed retains the right to perform similar or different services for other governmental entities during the Term. Any additional personnel performing the Services on behalf of RedSpeed shall also not be employees of City and shall at all times be under RedSpeed's exclusive direction and control. RedSpeed shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services and as required by law. RedSpeed shall be responsible for all reports and obligations respecting such additional Page 2 of 31 personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. B. Permits. Fees; and Licenses. RedSpeed shall, at its own expense, obtain all necessary pen -nits and pay all licenses and fees required to comply with all local ordinances, state and federal laws, rules and regulations applicable to the Services to be performed under this Agreement. C. Control and Payment of Subcontractors. All work performed for RedSpeed by a Subcontractor or Supplier will be pursuant to an appropriate agreement between RedSpeed and the Subcontractor or Supplier, which specifically binds the Subcontractor or Supplier to all terms and conditions of this Agreement for the benefit of the City. RedSpeed shall be responsible for the payments to any Subcontractors, including any professional fees, or Suppliers and additional costs within 30 calendar days of City's payment to RedSpeed. The City shall not be responsible for any payments to Subcontractor or Suppliers. The City shall not be billed directly or indirectly for any fees or additional costs of the Subcontractor for the Services, except as otherwise provide for in Exhibit "A". D. Schedule of Services. RedSpeed shall perform the Services expeditiously, within the Term and in accordance with the agreed upon timelines. RedSpeed represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions and as required by state law. In order to facilitate RedSpeed's conformance with the Schedule, City shall respond to RedSpeed's submittals in a timely manner. Upon request of City, RedSpeed shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services within 10 calendar days of contract execution. E. Conformance to Applicable Requirements. All work prepared by RedSpeed shall be subject to the approval of City. F. Substitution of Key Personnel. RedSpeed has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, RedSpeed may substitute other personnel of at least equal competence upon written approval of City. In the event that City and RedSpeed cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a. threat Page 3 of 31 to the safety of persons or property, shall be promptly removed from the Services by RedSpeed at the request of the City. The key personnel for performance of this Agreement are as follows: Greg Parks and designated staff. G. Ci 's Representative. The City hereby designates the Chief of Police, or their designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. RedSpeed shall not accept direction or orders from any person other than the City's Representative or their designee. H. RedSpeed's Representative. RedSpeed hereby designates Robert Liberman, or their designee, to act as its representative for the performance of this Agreement ("RedSpeed's Representative"). RedSpeed's Representative shall have full authority to represent and act on behalf of RedSpeed for all purposes under this Agreement. RedSpeed's Representative shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services. I. Coordination of Services. RedSpeed agrees to work closely with City staff in the performance of Services and RedSpeed shall be available to support the City's staff and other designated staff at all reasonable times. I Standard of Care; Performance of Employ. RedSpeed shall perform all Services in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of Florida. RedSpeed represents and warrants that it is skilled in the professional calling necessary to perform the Services. RedSpeed represents and warrants that all employees and Subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, RedSpeed represents and warrants that it, its employees, and Subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the Term. As provided for in the indemnification provisions of this Agreement, RedSpeed shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by RedSpeed's failure to comply with the standard of care provided for herein. Any employee of RedSpeed or its Subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely Page 4 of 31 completion of the Project, a threat to the safety -of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Services by RedSpeed and shall not be re-employed to perform any of the Services or to work on the Project. K. Excusable Delays.. Neither Party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the Party or Parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a Party. Notwithstanding the foregoing, the City shall have no obligation to compensate RedSpeed for any Service that RedSpeed fails to perform, or otherwise has not performed. L. Laws and Regulations; Employee/Labor Certifications. RedSpeed shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, and shall give all notices required by law. RedSpeed warrants that it shall perform the Services in compliance with all applicable Federal and Florida employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. RedSpeed shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and, judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of RedSpeed's performance under this Agreement. RedSpeed shall be liable for all violations of such laws and regulations in connection with the Services. If RedSpeed performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, RedSpeed shall be solely responsible for all costs arising therefrom. RedSpeed shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. i. Equal Opportunity Employ RedSpeed represents and warrants that it is an equal opportunity employer and it shall not discriminate against any RedSpeed employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Page 5 of 31 M. Insurance. RedSpeed shall not commence Services until it has provided evidence satisfactory to the City that it has secured all insurance pursuant to Exhibit B. In addition, RedSpeed shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the Subcontractor has secured all insurance pursuant to Exhibit B. N. Safety. RedSpeed shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, RedSpeed shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. O. Accounting; Records. RedSpeed shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. RedSpeed shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. RedSpeed shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of 3 years from the date of final payment under this Agreement. 5. FEES AND PAYMENTS. A. Description of Pricing; Fee includes all costs required and associated with SPE system installation, maintenance and ongoing field and back-office operations. Includes camera equipment, installation, maintenance, Rekor (or other major brand ALPR provider) licenses and integration, violation processing services, DMV records access, standard 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 SPE System for Traffic Enforcement Officer review: B. During any term of the Agreement, the City shall receive or retain $39.00 or 65% whichever is greater of the Statutory monetary Allocation (this amount/percentage pertains to each fine collected by RedSpeed). RedSpeed shall receive the lesser of $21.00 or 35% of the City's Statutory monetary Allocation for each paid citation. C. Payment of Compensation. City shall review all invoices and pay all approved charges thereon consistent with Section 218.73, Florida Statutes, as amended. Page 6 of 31 D. Reimbursement for Expenses. RedSpeed shall not be reimbursed for any costs/fees associated with Certified Mail for Notices of Violation converted to Uniform Traffic Citations and all extra -action charges or fees listed in RedSpeed responsibilities. Additionally, RedSpeed shall not be. reimbursed for any expenses unless authorized in writing by City. E. Extra Work. At any time during the Term, City may request that RedSpeed perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. RedSpeed shall not perform, nor be compensated for, Extra Work without written authorization from the City. F. Consideration Adequate. The Parties acknowledge that there is adequate consideration to enforce each and every provision of this Agreement. 6. TERMINATION OF AGREEMENT. A. For Convenience. City may, by written notice to RedSpeed, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to RedSpeed of such termination, and specifying the effective date thereof, at least 30 calendar days before the effective date of such termination. Upon termination, RedSpeed shall be compensated only for those Services which have been determined reasonable by the City, and RedSpeed shall be entitled to no further compensation. RedSpeed may not terminate this Agreement except for cause. The City may terminate this Agreement for convenience even if RedSpeed avails itself of the Dispute Resolution process set forth below in subsection 8C. B. For Cause. City may, by written notice to RedSpeed, terminate the whole or any part of this Agreement at any time and with cause by giving written notice to RedSpeed of such termination, and specifying the effective date thereof, at least 21 calendar days before the effective date of such termination. The City may, but is not obligated to, provide RedSpeed with an opportunity to cure any breach prior to the effective date of any termination for cause. The RedSpeed may not terminate this Agreement except upon a breach by the City, which is not cured upon 21 calendar days' notice to City. In case of RedSpeed's termination for cause, RedSpeed shall be paid for Services satisfactorily provided to such termination date, less any setoffs or adjustments City may claim arising out of RedSpeed's breach, the remaining unperformed parts of this Agreement, and for that portion (if any) of RedSpeed's performance which is unsatisfactory (the intent being that RedSpeed be paid what is just and equitable compensation for RedSpeeds' performance of Services rendered to the satisfaction of the City). Upon termination, RedSpeed shall be compensated only for those Services which have been determined reasonable by City, and RedSpeed shall be entitled to no further compensation. Should RedSpeed avail itself of the Dispute Resolution process set forth below in subsection 8C, then the City may not terminate this Page 7 of 31 Agreement for Cause until the conclusion of the Dispute Resolution process. C. Mutual Termination. This Agreement may also be terminated by mutual written agreement at any time and under any terms. D. Effect of Termination. If this Agreement is terminated as provided herein, City may require RedSpeed to provide all finished or unfinished Documents and Data and other information of any kind prepared by RedSpeed in connection with the performance of Services. RedSpeed shall be required to provide such documents and other information within 21 calendar days of the request. RedSpeed would timely remove all equipment within 60 calendar days from the date of the termination. E. Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 7. OWNERSHIP OF MATERIALS AND CONFIDENTIALITY. A. Documents & Data, Licensing of Intellectual Property: This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data in any form, which are prepared or caused to be prepared by RedSpeed under this Agreement ("Documents & Data"), All Documents & Data shall be and remains the property of City, and shall not be used in whole or in substantial part by RedSpeed on other projects without the City's express written permission. Within 21 calendar days following the completion, suspension, abandonment or termination of this Agreement, RedSpeed shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which RedSpeed is entitled under the termination provisions of this Agreement, RedSpeed shall provide all Documents & Data to City upon payment of a reasonably agreed upon amount. RedSpeed shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, RedSpeed shall retain copies of all Documents & Data on file for a minimum of 15 years following completion of the Project, and shall snake copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, RedSpeed shall notify City and provide City with the opportunity to obtain the Documents & Data. Page 8 of 31 B. Subcontractor. RedSpeed shall require all Subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the Subcontractor prepares under this Agreement. RedSpeed represents and warrants that RedSpeed has the legal right to license any and all Documents & Data. RedSpeed makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than RedSpeed or its Subcontractor, or those provided to RedSpeed by the City. C. Right to Use. City shall not be limited in any way in its -use or reuse of the Documents and Data or any part of them at any time for purposes of the Services or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than the Services without employing the services of RedSpeed shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than for the Services, it shall remove RedSpeed's seal from the Documents & Data. RedSpeed shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. RedSpeed shall not be responsible or liable for any revisions to the Documents & Data made by any party other than RedSpeed, a party for whom RedSpeed is legally responsible or liable, or anyone approved by RedSpeed. D. Indemnification. RedSpeed shall defend, indemnify and hold the City, its, officials, officers, employees, volunteers, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use in the Services or on the Project, including any method, process, product, or concept specified or depicted. This subparagraph shall survive termination or expiration of this Agreement. E. Confidentiality. To the maximum extent permitted by law, all Documents & Data, either created by or provided to RedSpeed in connection with the performance of this Agreement, shall be held confidential by RedSpeed. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by RedSpeed for any purposes other than the performance of the Services. To the maximum extent permitted by law, RedSpeed shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to RedSpeed that is otherwise known to RedSpeed or is generally known, or has become known, to the related industry shall be deemed confidential. RedSpeed shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Page 9 of 31 8. GENERAL PROVISIONS. A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address (physical or electronic) as the respective Parties may provide in writing for this purpose: RedSpeed: City: RedSpeed Florida, LLC 400 Eisenhower Lane North Lombard, Illinois 60148 Attn: Robert Liberman, Manager Robert.Liberman((i)xeds i)eed. com City of Sunny Isles Beach Mayor 18070 Collins Ave, Sunny Isles Beach, FL 33160 With copies to: City of Sunny Isles Beach City Manager 18070 Collins Ave 3rd floor, Sunny Isles Beach, FL 33160 smorris6hsibfl.net Procurement Director 18070 Collins Ave, Sunny Isles Beach, FL 33160 gcuevasCajsibfl.net Such notice shall be deemed made when personally delivered, or, sent by certified or registered mail, first class postage prepaid, return receipt requested, or by guaranteed overnight delivery by a nationally recognized courier service, or delivered to such electronic mail address provided by the Parties for service of notices under this subsection when receipt is acknowledged by electronic written response by the receiving Party. B. Indemnification. i. Scope of Indemnity. To the fullest extent permitted by law, RedSpeed shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, Page 10 of 31 damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of RedSpeed, its officials, officers, employees, subcontractors, or agents in connection with the performance of RedSpeed's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney's fees and other related costs and expenses, to the extent caused by the negligence, recklessness, or intentional wrongfill misconduct of the RedSpeed and other persons employed or utilized by RedSpeed in the performance of this Agreement. The performance of this Agreement (including any amendments thereto) by RedSpeed, its employees, agents, representatives or subcontractor; or (ii) the failure of RedSpeed, its employees, agents, representatives or subcontractors to comply and conform with applicable Laws (as defined herein); or (iii) any negligent act or omission of RedSpeed, its employees, agents, representatives, or subcontractors, whether or not such negligence is claimed to be either solely that of RedSpeeds, its employees, agents, representatives or subcontractors, or to be in conjunction with the claimed negligence of others, including that of any of the Indemnified Parties; or (iv) any reckless or intentional wrongful act or omission of RedSpeed, its employees, agents, representatives, or subcontractors; or (v) RedSpeed's failure to maintain, preserve, retain, produce, or protect records in accordance with this Agreement and applicable Laws (including but not limited to Florida laws regarding public records). ii. Additional Indemnity Obligations. Payment of any amount due pursuant to the foregoing indemnity shall, after receipt of written notice by RedSpeed from the City that such amount is due, be made by RedSpeed prior to the City being required to pay same, or in the alternative, the City, at the City's option, may make payment of an amount so due and RedSpeed shall promptly reimburse the City for same, together with interest thereon at the statutory rate from the date of receipt by RedSpeed of written notice from the City that such payment is due. RedSpeed agrees, at RedSpeed's expense, after written notice from the City, to defend any action against the City that falls within the scope of this indemnity, or the City, at the City's option, may elect not to tender such defense and may elect instead to secure its own attorney to defend any such action and the reasonable costs and expenses of such attorney incurred in defending such action shall be payable by RedSpeed. Additionally, if RedSpeed, after receipt of written notices from the City, fails to make any payment due hereunder to the City, RedSpeed shall pay any reasonable attorney's fees or costs incurred by the City in securing any such payment from RedSpeed. iii. Nothing contained herein is intended nor shall it be construed to waive the City's rights and immunities under the common law or Florida Statute §768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist in the City's favor. Notwithstanding any other provision of this Agreement to which it is applicable, City shall not be liable or responsible to RedSpeed beyond the monetary limits and amounts specified in Ch. 768.28, Fla. Stat., regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall Page 11 of 31 City be liable to RedSpeed for punitive or exemplary damages or for lost profits or consequential damages. iv. The provisions of these paragraph(s) are independent of, and will not be limited by, any insurance required to be obtained by RedSpeed pursuant to this Agreement or otherwise obtained by RedSpeed, and the provisions of these paragraphs survive the expiration or earlier termination of this Agreement with respect to any claims or liability arising in connection with any event occurring prior to such expiration or termination. v. Program legal challenges. RedSpeed agrees to defend the City and the camera program from legal challenges. To the extent the City and RedSpeed's interests are the same there shall be a common defense with an agreeable law firm experienced in government and municipal law. If it is determined that the City requires its own representation, RedSpeed will pay reasonable defense costs for the City. 'Reasonable defense costs' shall include reasonable attorney's fees, court costs, expert witness fees, and other customary expenses, but shall not include judgments, fines, or penalties assessed against the City, or the costs of any appeals pursued at the City's sole discretion without RedSpeed's consent. C. Dispute Resolution L In the event that any dispute between the City and RedSpeed concerning questions or issues arising under this Agreement that have not been resolved, a request for dispute resolution shall be submitted by RedSpeed to the City for determination. Request for such determination shall be made in writing. The City's decision may be reached in accordance with assistance, as it may deem reasonably necessary or desirable. The City's decision shall be rendered in writing no more than 30 calendar days after receipt of a fully documented (to the extent that such documents are within the control of RedSpeed) request for a determination. The decision shall be conclusive, final, and binding on all Parties, unless RedSpeed shall seek a judicial determination in accordance with the provisions set forth below in subsection S D. ii. No later than 10 calendar Days after RedSpeed's receipt of the City's determination, RedSpeed shall respond to the City in writing, either accepting the determination or stating RedSpeed's factual or legal objection to the detennination. If RedSpeed's response is an objection, the City shall respond in writing to the objection within 10 calendar days after receipt. No further response by either Party shall be required. Thereafter, RedSpeed may seek a judicial determination of the dispute. In the event that RedSpeed intends to seek judicial determination of a matter decided by the City, RedSpeed shall notify the City of its intent to do so within 10 calendar days of the City's final decision. iii. If required by City, RedSpeed shall continue to perform the Services required under this Agreement during this resolution period, including any judicial resolution. The City's written determination shall be complied with pending final resolution, including judicial, of the dispute. If RedSpeed complies with the City's written determination, the City shall continue to perform Page 12 of 31 under this Agreement and make all payments due (other than those or the portions of payments in dispute, if any) during the resolution period. This payment provision shall not apply in the event that RedSpeed fails to submit a dispute to the City as required by this subsection. The continued performance of this Agreement by either Party shall not constitute an admission as to any factual or legal position in connection with the dispute, or a waiver of its rights under this Agreement or at Law. D.Governing Law; Judicial Review; Venue. This agreement shall be governed by the laws of the State of Florida and venue shall be in Miami Dade County without regard to its conflicts of law. The Parties hereby agree that in the event of any litigation between them, such proceeding shall be brought exclusively in the courts of the State of Florida, County of Miami -Dade or the Federal District Court with subject matter jurisdiction and encompassing the County of Miami Dade, Florida. Each Party hereby irrevocably consents and submits to the jurisdiction of, and venue in, the aforementioned courts, and further waives any claim that a proceeding brought therein has been brought in an inconvenient forum. To the extent not prohibited by applicable law that cannot be waived, the City and RedSpeed hereby waive, and covenant that they will not assert (whether as plaintiff, defendant or otherwise), any right to trial by jury in any action arising in whole or in part under or in connection with this Agreement, whether now existing or hereafter arising, and whether sounding in contract, tort or otherwise. E. Time of Essence. Time is of the essence for each and every provision of this Agreement. F. CJIS Security Policy:.Vendors/Contractors Private vendors which, under contract with the Contracting Government Agency (CGA), are permitted access to information systems that process CJI, shall abide by all aspects of the FBI CJIS Security Addendum. Any contract between the Contracting Government Agency (CGA) and a vendor permitted such access shall incorporate the FBI CJIS Security Addendum to ensure adequate security of CJIS. RedSpeed must maintain a security program for managing access to customer data particularly CJIS information which will include: • A preemployment background check; • Security training required by Federal CJIS regulations; and • Criminal background checks/fingerprints required by Federal or State regulations. RedSpeed will work with the City to provide reasonably required documentation (such as the CJIS Security Addendum Certification form). If required by the City, RedSpeed will provide paper fingerprint cards for security approved personnel with the fingerprinting performed in the state of RedSpeed staffs job assignment location. This provision will apply during the installation of the Project and for the duration of the City's General Services Agreement. Page 13 of 31 G. City's Right to Employ Other Contractors. City reserves the right to employ other Contractors in connection with this Project. H. Successors and Assi nes. This Agreement shall be binding on the successors and assigns of the Parties. I. Assignment or Transfer. RedSpeed shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. J. Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to RedSpeed include all personnel, employees, agents, and Subcontractors of RedSpeed, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. K. Amendment Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. L. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. M. Invalidity -Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. N. Prohibited Interests. RedSpeed warrants and represents that no elected official, officer, agent or employee of the City has a financial interest directly or indirectly in this Agreement or the compensation to be paid under it, and further, that no City employee who acts in the City as a "purchasing agent" as defined by § 112.3 12(20), Florida Statutes, as amended, nor any elected or appointed officer of the City, nor any spouse or child of such purchasing agent employee or elected or appointed officer, is a partner, officer, director, or proprietor of RedSpeed, and further, that no such City employee purchasing agent, City elected or appointed officer, or the spouse or child of Page 14 of 31 any of them, alone or in combination, has a material interest in RedSpeed. Material interest means direct or indirect ownership of more than Five Percent (5%) of the total assets or capital stock of RedSpeed. O. Conflicts of Interest. RedSpeed covenants that no person under its employment who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with City. RedSpeed further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests, on the part of RedSpeed or its employees, must be disclosed in writing to City. RedSpeed is aware of the conflict of interest laws of the State of Florida, Chapter 112, Florida Statues, as amended, and agrees that it will fully comply in all respects with the terms of said laws. RedSpeed warrants that it has not employed or retained any person employed by City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay, any public official or person employed by City any fee, commission, percentage, brokerage fee or gift of any kind, contingent upon of resulting from the award of this privilege. P. Convicted Vendor List. RedSpeed represents to City that it is not a person or affiliate as defined in §287.133, Florida Statutes, as amended, which has been placed on the convicted vendor list maintained by the Florida Department of Management Services following a conviction for a public entity crime. RedSpeed acknowledges and agrees that it may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of any public building or public work, may not submit bids on leases of real property with the City, may not be awarded an opportunity to perform work as a RedSpeed, supplier, Subcontractor or RedSpeed under a contract with the City, and may not transact business with the City in an amount set forth in §287.017, Florida Statutes, as amended, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 0. Contract Utilization Clause. The parties agree that other governmental entities shall be permitted to access and utilize the terms, conditions, and pricing set forth in this Agreement as third -party beneficiaries. Any such governmental entity may enter into its own contract with RedSpeed based on the terms, conditions, and pricing of this Agreement, subject to any applicable modifications or negotiations between the governmental entity and Redspeed. The City of Sunny Isles Beach shall not be responsible for any obligations, performance, or liabilities associated with contracts entered into by other governmental entities pursuant to this clause. RedSpeed agrees to extend the same terms, conditions, and pricing to other governmental entities in Florida, subject to any modifications mutually agreed upon between RedSpeed and the respective governmental entity. Page 15 of 31 R. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. S. Authority. to Enter Agreement. RedSpeed has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. T. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original, and it shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. U. Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. 9. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. 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 company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is 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. RedSpeed 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 Page 16 of 31 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. 10. 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 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 I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Exhibit "D." 11. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. RedSpeed must submit the affidavit that is attached to this agreement as Exhibit "E," signed by an officer or an authorized representative of RedSpeed, under penalty of perjury, attesting that RedSpeed does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGES TO FOLLOW] Page 17 of 31 IN WITNESS WHEREOF, CITY OF SUNNY ISLES BEACH AND REDSPEED FLORIDA, LLC. have signed this Agreement in duplicate. One counterpart each has been delivered to the City and RedSpeed. REDSPEED FLORIDA, LLC t By: Authorized Agent e Lm 1� 4 t6ec Print Name STATE OF F10 iv1 LA COUNTY OF � rowtkO The foregoing instrument was acknowledged before me by means of 1 physical presence or El 2� online n tarization, this '' day of September, 2025, by P,01-ert- b btt r,qn as of RedSpeed Florida, LLC. Personally Known _ or Produced Identification Type of Identification Produced: FL DL [ADDITIONAL SIGNATURE PAGE TO FOLLOW] Page 18 of 31 (SEAL) Notary Public, State of Florida (Signature of Notary Public) tY °''• JAMES PYKE Notary Public •State of Florida Commission p HH 435787 ./ p„gf+ My Comm, Expires Auglt, z02 (Print, Type, or Stamp Commissioned Name of Bonded through National Notary Assn. Notary Public) Personally Known _ or Produced Identification Type of Identification Produced: FL DL [ADDITIONAL SIGNATURE PAGE TO FOLLOW] Page 18 of 31 ATI :_ CMC City Clerk CITY OF SUNNY ISLES BEACH I1-va Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: aa-, lain E. Boileau, for Nabors, Giblin, Nickerson, P.A., City Attorney Page 19 of 31 EXHIBIT "A" (NEGOTIATED SCOPE OF SERVICES) Page 20 of 31 DEFINITIONS: As used in this Agreement, the following words and terms shall, unless the context otherwise requires, have the respective meanings provided below: "Motor Vehicle" means any self-propelled vehicle not operated upon rails or guide -way, but not including any bicycle or electric personal assisted mobility device. "Notice of Violation" means a citation 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 SPE System or RedSpeed as an agent of such law enforcement agent, agency or court. "Motor Vehicle Owner" means the person or entity identified by the Florida Department of Motor Vehicles, 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 motor vehicle lease or rental agreement. "Recorded Images" means photographic, electronic, digital or video images of a Motor Vehicle recorded by a SPE System and establishing a time sequence of the Motor Vehicle entering the intersection or speed zone and its speed. "RedCheek" means web -based violation processing system used by Traffic Enforcement Officer. "Speed Photo Enforcement System" (herein "SPE System") means an electronic system that captures recorded images of Motor Vehicles speeding in designated school zone and consisting of, at a minimum one radar, IR panel, and up to seven (7) individual video cameras capable of monitoring up to seven (7) lanes of enforcement. "Traffic Enforcement Officer" means an employee of City's police department or other City employee who meets the qualifications of Chapter 316 of the Official Code of Florida Annotated for approving and/or issuing Notices of Violation. "Violation" means a violation under Chapter 316, Florida Statutes or a violation of City's Code of Ordinances, as may be amended from time to time. THIS SECTION WAS INTENTIONALLY LEFT BLANK Page 21 of 31 SECTION 1. REDSPEED SCOPE OF WORK 1, REDSPEED agrees to provide a turnkey solution for SPE Systems to City 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 "CITY Scope of Work". REDSPEED and CITY understand and agree that new or previously unforeseen requirements may, from time to time, be identified and that the parties shall negotiate in good faith to assign to the proper party the responsibility and cost for such items. In general, if work is to be performed by CITY, unless otherwise specified, CITY shall not charge REDSPEED for the cost. All other in -scope work, external to CITY, is the responsibility of REDSPEED. 2. REDSPEED agrees to make every effort to adhere to the Project Timeline agreed upon between the parties and based on the Best and Final Offer. 3. REDSPEED will install SPE Systems at several intersections, school zone areas or grade crossing approaches after completion of site analyses at the CITY's discretion. In addition to any initial locations, the parties may agree from time to time to add to the quantities and locations where SPE Systems are installed and maintained. REDSPEED will not remove any systems, unless directed by the City. If termination provision within the Agreement is exercises REDSPEED shall remove all equipment and restore property to original condition or better within 60 days after the termination of this agreement. 4. REDSPEED will operate each SPE System on a 24-hour basis, barring downtime for maintenance and normal servicing activities. 5. REDSPEED agrees to provide a secure website (www.SpeedViolations.com) accessible to recipients who have received Notices of Violation by means of a Notice #, which will allow violation image and video viewing. REDSPEED will ensure that the website meets all current ADA requirements as may be amended from time to time. 6. REDSPEED shall provide technician site visits to each SPE 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. REDSPEED shall also conduct annual calibrations as required by Florida Statutes. 7. REDSPEED shall use best efforts to endeavor to repair a non-functional SPE System within forty-eight (48) hours of determination of a malfunction. No device shall non- functional for more than five (5) calendar days. REDSPEED shall provide City with reports view reports that measure down time. REDSPEED will ensure that while the system is Page 22 of 31 malfanctioning no violations will be captured or, if captured, violations will be discarded and not submitted to review by CITY. S. REDSPEED shall use best efforts to endeavor to repair the SPE System within one (1) business day from the time of the outage. Outages of CITY internet connections or infrastructure are excluded from this service level. 9. REDSPEED shall deposit all fines received as part of the SPE into a designated CITY bank account, less the amount due and payable to REDSPEED, weekly every Monday by the end of the business day, reflecting all payments collected during the previous week. Also, by close of business on every Monday, REDSPEED shall submit weekly Invoices showing a detailed breakdown of all revenues collected during the previous week accounting for the amount withheld from the funds deposited into the CITY's bank account that constitute payment for its services to the CITY. 10. REDSPEED will design, fabricate, install, obtain permits, and maintain one speed warning sign for each monitored approach/ provide all signage in accordance with State Statutes as may be amended/FDOT criteria. 11. REDSPEED or subcontractors will be responsible for any costs associated with building, construction, electrical, street use, and/or pole attachment permits. 12. REDSPEED shall assign a project manager who will be the liaison between CITY and REDSPEED and will be responsible for project activities such as development of a project plan and tracking of deliverables. CITY shall reserve the right to request a new project manager. 13. REDSPEED shall provide CITY with RedCheck, an automated web -based citation processing system that includes 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 Motor Vehicle Owner within the statutory period. Mailings to Motor Vehicle Owners responding to Notices of Violation identifying drivers in affidavits of non -liability or by rental car companies are also included. 14. REDSPEED shall provide the Traffic 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. 15. The decision to.issue Notice of Violation shall be the sole, unilateral and exclusive decision of the Traffic Enforcement Officer consistent with State Law. 16. RedCheck shall apply an electronic signature to a Notice of Violation when authorized to do so by an approving Traffic Enforcement Officer. 17. REDSPEED shall obtain in-state vehicle registration information necessary to issue citations if it is named as CITY's agent. 18. REDSPEED shall seek records from out-of-state vehicle registration databases and apply records found by RedCheck to issue citations for CITY. 19. If CITY 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 Page 23 of 31 enable the adjudication function to review cases, related images, correspondence, and other related information required to adjudicate the disputed Notice of Violation. 20. REDSPEED shall provide to CITY access to RedCheck system, which provides CITY with ability to run and print all standard system reports. 21. If required by CITY, REDSPEED shall, at REDSPEED's expense, provide and train CITY with 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 SPE System until judicial notice is taken. 22. In those instances where damage to an SPE System is caused by negligence on the part of CITY, REDSPEED will provide CITY 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. 23. REDSPEED shall provide a toll-free, CITY -specific help line to help CITY resolve any problems encountered regarding its SPE 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. a. Call Center is for the violator and helpline is for the CITY. The assigned project manager is available as needed and we will provide cell phone number for emergency contact. 24. REDSPEED shall provide Motor Vehicle 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). 25. REDSPEED shall provide CITY with a warning period consistent with State law. To include but may not be limited, Multi -language FSA, FAQ, Clip Art as needed, printed handouts / posters as needed, social media assistance, PR firm availability. 26. REDSPEED shall provide authorized City users access to on demand video, reporting tools and other online features through its RedCheck and SiteOps programs. RedSpeed will maintain video data forty-five (45) days unless otherwise requested for preservation by the City. 27. CITY will have real-time access to violation and camera data. 28. REDSPEED at the direction of the CITY will install. and maintain any required signage including flashers. 29. REDSPEED will relocate an SPE System at no cost to a new enforcement location once it has been mutually agreed upon between REDSPEED -and CITY. 30. REDSPEED shall provide/build custom reports for the CITY at no cost. 31. REDSPEED shall adjust enforcement schedule (calendar) within the same day following City's approval. 32. REDSPEED shall not be reimbursed for any costs/fees associated with Certified Mail for Notices of Violation converted to Uniform Traffic Citations and all extra -action charges or Page 24 of 31 fees listed herein. REDSPEED shall not be reimbursed for any expenses unless authorized in'writing by CITY. THIS SECTION WAS INTENTIONALLY LEFT BLANK Page 25 of 31 SECTION 2. CITY'S SCOPE OF WORK 1. Within seven (7) business days of execution of the Agreement, CITY shall provide REDSPEED with the name and contact information for a project manager with authority to coordinate CITY responsibilities under the Agreement. 2. Within seven (7) business days of the Agreement, CITY 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 execution of the Agreement, CITY shall provide REDSPEED with the name(s), contact information, and electronic signature(s) of all Traffic Enforcement Officers authorized by CITY's police department to approve and issue Notices of Violation. 4. CITY may elect to establish a method by which a Motor Vehicle Owner who has received a Notice of Violation may review the images and video evidencing the Violation at www.SpeedViolation.com free of charge. This may be at a publicly available terminal at CITY's facility or by appointment with the Police Department. 5. CITY shall endeavor to approve or reject REDSPEED submitted plans within seven (7) business days of receipt. REDSPEED and CITY will endeavor to approve the plans in a timely manner. 6. CITY will endeavor to issue all needed permits to REDSPEED and its subcontractors in an expedited fashion for plan approval. 7. If use of private property right of way is needed, CITY 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. 8. CITY may allow REDSPEED to build needed infrastructure in existing CITY owned easement as necessary and only after required permits have been approved. 4. CITY's Traffic Enforcement-Officer(s) will endeavor process each potential violation in accordance with State Law and/or CITY's 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. 10. Police Department workstation computer monitors for citation review and approval should provide a minimum resolution of 1280 x 1024. 11. Police Department shall provide signatures of all authorized police users who will review events and approve citations on forms provided by REDSPEED. Page 26 of 31 12. CITY shall handle inbound and outbound phone calls and correspondence from defendants who have questions about disputes, and other issues relating to citation adjudication. CITY may refer citizens with questions regarding REDSPEED or SPE System technology and processes to websites and/or toll-free telephone numbers provided by REDSPEED for that purpose. a. Should the CITY receive direct inquiries they will forward citizen inquiries to red speed's call center and/or refer them to the website secure. speedviolation.com. 13. If remote access to a REDSPEED SPE System is blocked by CITY's network security infrastructure, CITY's Technology Consultant shall coordinate with REDSPEED to facilitate appropriate communications while maintaining required security measures. 14. CITY shall at all time maintain a list of school and school zone hours and shall inform REDSPEED of all times for each Zone. CITY shall maintain and update this list, and shall be responsible for ensuring the accuracy of any citation issued against the corresponding time. 15. CITY shall maintain a School Zone calendar and shall notify REDSPEED as soon as practical before a change of scheduled enforcement (I.e. short days, no in-person instruction days, closings, etc). 16. CITY shall ensure that cameras in City maintained right of ways shall remain free of obstructions from other roadway infrastructure and foliage. END OF SECTION Page 27 of 31 EXHIBIT "C" Page 29 of 31 4 iVNN�Isj41 a T n V Z •. CONTRACTOR ANTI—BOYCOTT CERTIFICATION 'c' PLO P��":' c ` °' v° [PURSUANT TO FLORIDA STATUTE § 287.1351 I, eo �Q� ` � �X(IPW , on behalf of G(X i 00( )d P /LC Print Name Company Name �_Oicertifies thatf�f� r da 6-i EXHIBIT "D" Page 30 of 31 E -Verb Afrdav!f 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, 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 must 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 (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. C CIWR LL( Offeror Signature COO QQ4 a � Print Name t -U 50 �7 Federal Employer Identification Number (FEIN) Date Coo Title Notary Public Information P(O'rtdG\ Cowl -Y Sworn to and subscribed before me on this this 29 i-� day of � � b Pr ,2M. 20'z 5` � i3y �ob,era-- Li ber,raaM ❑ Is personally known to me Has produced identification (type of identification produced: Fl— J ) Signature of Notary Public -)Rr-AC5 (7 7 Print or Stamp of Notary Public Expiration Date -911 •.. JAMES PYKE ?t'; ¢ `: Notary Public •State of P;odda (Me, Commission MM 433787 oFs� My Comm. Expires Aug 21, 2027 Bonded through National Notary Assn. EXHIBIT `B" Page 31 of 31 SuN'NY �S�F a K' � v 1F pj�F L�g�� Sbt Affidavit of Compliance with Anti -Human Trafficking Laws City of Sunny Isles Beach 16070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of perjury, as follows: 1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking). 2. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: ScnAew, 6tc A4', 20,L5 Signed: Entity: 0 QDdA GGA Name: c ',L �f �r ©E'il ✓' Title: C&70 STATE OF F l OW (A COUNTY OF 5t -O\, Grd The foregoing instrument was acknowledged before me, by means of 9 physical presence or ❑ online notarization, this 29 1 day of 5tT+etMhfr 20Z , by her-- L0?efr Rr\ as CED for Peed_ E160d0\ LLC who is personally known to me or who has produced Ql as identification. iY pie .; JAMES PYKE 4�i Notary Public - State of ]Assn. Commission N HH 435 OF Comm. Expires Aug 2 Notary Public Signature: �✓�` " State of Florida t L Wrga4, e4h National Nota Print Name: r ire My commission expires: OF12(120Z 7 FLfl c,T� of sup+ A�yV TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Stan Morris, City Manager Edward Santiago, Chief of Police September 18, 2025 Approval of an Agreement with RedSpeed Florida LLC for Speed Zone Camera Installation Around Sunny Isles Beach/Norman S. Edelcup K-8 School RECOMMENDATION: Staff recommends approval of this resolution. REASONS: The Police Department requests approval to contract Redspeed Florida LLC for a Speed Photo Enforcement System to monitor and enforce speed limits in school zones around Norman S. Edelcup School. Redspeed will provide all necessary components and services. The goal is to continue to prioritize public safety through automated citation issuance for speeding violations via education and enforcement to drivers.. The 5 year agreement (October 1St, 2024 —June 24th, 2029) allows for termination with written notice to Redspeed Florida LLC at any time. This contract was procured via piggyback RFP #005-24 through the Southeast Florida Governmental Cooperative Purchasing Group led by the City of Plantation. ADDITIONAL INFORMATION: The fee is a $100.00 fine for a Notice of Violation (NOV). The following is a breakdown down of how the money collected is distributed: • $20.00 to the State • $12.00 to the School Item Number: 9.13 178 • $3.00 to Police Education • $5.00 towards the City Crossing Guards • $39.00 to the City • $21.00to Redspeed Inc. ATTACHMENTS: Resolution Agreement Item Number: 9.13 179