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HomeMy WebLinkAboutReso 2010-1576 RESOLUTION NO. 2010 - J 57 " A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, INC. (ATS) TO PROVIDE COLLECTION SERVICES FOR ALL PHOTO ENFORCEMENT VIOLATIONS, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID FIRST AMENDMENT TO AGREEMENT AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach desires to see accidents and potential accidents significantly reduced in our City by educating drivers as to the need to observe traffic signals; and WHEREAS, on July 17,2008 via Resolution No. 2008-1290, the City Commission entered into an agreement with American Traffic Solutions, Inc. (A TS), to install red light cameras at the intersections on Collins A venue to give continuous video coverage to our Police Department, at no cost to the City, however the City shares in the revenues generated by the fines; and WHEREAS, on May 13,2010, the Govemorofthe State of Florid 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 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 City has amended Ordinance 2008-309 and Chapter 256, Article IV ofthe City's Code of Ordinances to provide for the operation of its Traffic Camera Safety Program in accord with the provisions of Law of Florida 2010-80; and WHEREAS, the City wishes to amend and modify the Agreement to align the provision of services by A TS with the provision of Law of Florida 2010-80; and WHEREAS, the City wishes to enter into an agreement with A TS to provide collection services for all photo enforcement violations, 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 to Agreement. The First Amendment to Agreement with American Traffic Solutions, Inc. (A TS) to provide collection services for all photo enforcement violations, attached hereto as Exhibit "A", be and the same, is hereby approved. Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said First Amendment to Agreement and to do all things necessary to effectuate this Resolution. R2010- ATS 1st Amendment to Agmt Red Light Page lof2 -~ " American ......~__T.!:.~~~~O~!t~O!l~ .. ----L AMENDMENT NO.1 TO THE AGR MENT BETWEE~ THE CITY OF SUNNY ISLES BEACH AND AME ICAN TRAFFIC: FOR TRAFFIC SAFETY CAMERA PROGRAM C\ b-~~ ~-- This Amendment No. 1 (the "Amendment") to the Agreement BE of Sunny Isles Beach And American Traffic Solutions For Traffic Program dated as of July 17, 2008 (the "Agreement") is made and effl _ day of , 2010 by and between the City of Sunny Isles B municipal corporation (the "City") and American Traffic Solutions, mc., corporation ("Vendor"). a Kansas Recitals WHEREAS, on or about July 17, 2008, the City adopted Ordinance 2008-309, codified at Chapter 256, Artic:-'--- . .... ~..I l'whiCh established and authorized the City's Trafi NJ1 ~ 1/~ WHEREAS, on or abe! ~ - ~ ~...vI r entered into the Agreement, whereby the City I ~ D"' ~ j,. --M rt -r.i . {endor of services to the City in connection Withl (.).)tlA J-U-" bject to the terms and conditions stated in the AI -' 1 WHEREAS, on or abo i State of Florida signed CS/CS/HB325 into lav: 10 taking effect on July 1, 2010; and I WHEREAS, Law of FII licipalities to use traffic infraction detectors to ,16 of the Florida Statutes, subject to certain ree" L_ - --- -- ----- WHEREAS, the City has amended Ordinance 2008-309 and Chapter 256, Article IV of the City's Code of Ordinances to provide for the operation of its Traffic Camera Safety Program in accord with the provisions of Law of Florida 2010-80; and WHEREAS, the City and Vendor wish to amend and modify the Agreement to align the provision of services by Vendor with the provisions of Law of Florida 2010-80; Terms and Conditions NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Vendor and City agree that the Agreement shall be and hereby is amended and modified on the terms provided herein: 1. Recitals. The preceding recitals are true and correct and are incorporated into this Amendment by reference. /68' E"SI Gray ROad' Scollsdale. Arrzona 85260 . TEL: ,\80.443./000 . FAX: 480.596.450: wViw.atsotcolfl . 'ovww.RCdLlghtCall'Ora.com . ww'w.PlatePass.coll'l 1.15 "Notice of Violation" shall mean the notice of an Infraction, which is delivered by first class mail by vendor to the owner of a motor vehicle involved in an Infraction based upon the appropriate Enforcement Documentation pursuant to the requirements of Law of Florida 2010-80, as may be amended or recodified from time to time. Any references to the term "Notice of Infraction" in the Agreement are deleted and replaced with the term "Notice of Violation." 9. Definition of "Ordinance." Section 1.17 of the Agreement is deleted and replaced with the following: 1.17 "Ordinance" shall mean Chapter 256, Article IV of the City of Sunny Isle Beach's Code of Ordinances, as may be amended or recodified from time to time. 10. Definition of "Potential Infraction." Section 1.20 of the Agreement is deleted and replaced with the following: 1.20 "Potential Infraction" means, with respect to any motor vehicle passing through a Designated Intersection, the data collected by the Vendor System with respect to such motor vehicle, which data shall be processed by the Vendor System for the purposes of allowing the Authorized Employee to review such data and determine whether an Infraction has occurred. 11. Removal of Duplicate Definitions of "Traffic Safety Camera Program." Section 1.25 of the Agreement is retitled "Traffic Safety Camera Process." 12. Prosecution. Section 3.4 of the Agreement is deleted and replaced with the following: 3.4 Prosecution. The City shall prosecute Infractions pursuant to the terms, procedures, and requirements of the City Ordinance and general law. 13. Fees and Payment. Section 6 of the Agreement will now include this wording as follows: Flexible Payment Plan. During the term of the contract, payments by the Customer may be made to ATS under a Flexible Payment Plan. Under the Flexible Payment Plan, the Customer may defer certain payments to A TS until the Customer has collected sufficient funds pursuant to the terms of the contract. If, at the end of the term of the contract, sufficient funds have not been collected by the Customer to pay the balance then due to ATS, ATS agrees to waive its right to recovery of any outstanding balance. For purposes of this clause, the Confidential Page 3 of 16 C::llnn\l I"IA" 1=1 A TC:: rnnlr"rt AmAnrlmpnl ?010 OR 1" Citv of Sunnv Isles FL term "funds" means the revenue retained by the Customer according to the distribution methods applicable under this contract and applicable state law. This clause will be applied as follows: A TS will maintain an accounting of any net balances owed to A TS. If the amount collected during a billing period exceeds the amount of ATS invoices during the same period, the Customer shall pay ATS the total amount due. If the amount collected during a billing period is less than the amount of ATS invoices during the same period, the Customer shall pay ATS the amount collected, and may defer payment of the remaining balance*. Payments due to ATS shall be reconciled by applying future funds collected, first to the accrued balance, and then to the invoice for the current billing period. At any time that A TS invoices, including any accrued balance, are fully repaid, the Customer will retain all additional funds collected during that billing period. Such additional funds (whether reserved in cash or not by the Customer) will be available to offset future A TS invoices. *Any accrued balance owed by Customer during a billing period shall be net any city staff costs directly related to the program for the billing period, up to a mutually agreeable maximum monthly cost of $ However, such deducted city staff costs shall be recoverable by A TS in future months in addition to its normal fee where future funds allow. 14. Termination for Cause. Section 6.1 of the Agreement is deleted and replaced as with the following: 6.1 Termination for Cause: Either party shall have the right to terminate this Agreement immediately by written notice to the other if (i) state or federal statutes are amended so as to prohibit the operation of a TSCP by the City; (ii) a court having jurisdiction over the City rules or declares that Law of Florida 2010-80 is invalid, in whole or material part; (iii) a determination by a court of competent jurisdiction or other applicable dispute resolution forum that Vendor has infringed upon a third party's patent, trademark, trade secret or other intellectual property; (iv) the other party commits a material breach of any of the provisions of this agreement; and (v) Vendor's non-payment of revenues to City as required by this Agreement. In the event of a termination due to this Section, City shall be relieved of any further obligations to Vendor other than as specified herein. Each party shall have the right to remedy the cause for termination within forty- five (45) calendar days (or within such other time period as City and Vendor shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non- causing party setting forth in reasonable detail the events of the cause for termination. Confidential Page 4 of 16 Sunnv Isles FL ATS Contract Amendment 20100615 Citv nf SllnnV I~II'!~ FI The rights to terminate this Agreement given in Section 6.1 shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement. 15. Warning Period. Section 6.2 of the Agreement is deleted. 16. Procedures for Processing Payments. Sections 7.2, 7.3, and 7.4 of the Agreement are deleted and replaced with the following: 7.2 Vendor shall be responsible for processing payments of Civil Fees paid pursuant to Notices of Violation and/or Uniform Traffic Citations. Vendor shall provide payment means through mail, telephone and on-line processes. Vendor shall track all payments and handle all applied payments, unapplied payments, overpayments, refunds, adjustments, dismissals and reversals. Any payments made in person to the City will be taken by the City and applied through Axsis System. 7.3 Vendor's lockbox shall remit to the designated City account all payments received during a week, no later than 5:00 p.m. Eastern Time on Tuesday of the following week. 7.4 Vendor shall invoice the City for all applicable fees for services rendered by Vendor pursuant to this Agreement according to the fee schedule delineated on Exhibit F. Along with the invoice, Vendor shall provide information to the City, in a format acceptable to the City, supporting the invoice amounts forwarded by Vendor to the City. In addition, City shall have access to Vendor's financial records evidencing payments for all paid citations for red zone infractions at City's Designated Intersections upon City's reasonable request. 17. Exhibits. Exhibits B, C, D, and F to the Agreement are deleted and replaced with Exhibits B, C, D, and F to this Amendment. The terms of Exhibit "F", "Service Fee Schedule" (the "Schedule"), shall be subject to the following conditions: A. Reopener. In the event the parties determine that at the 6 month anniversary after the execution of this Amendment No.1, that the Schedule is unfair or inequitable, the parties shall act in good faith to negotiate an amendment to the Schedule which both parties find to be fair and reasonable and in compliance with the Act. 18. Effect of Amendment on Agreement. Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement shall remain in full force and effect. Unless a different meaning is specified in the Amendment, all capitalized terms used herein shall have the meaning described in the Agreement. In the event of a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail and control. Confidential Page 5 of 16 SIInnv 1,,11>" 1=1 ATS rnntr<lrt Aml>nnml>nt ?()1 () ()I'; 1" f"'i+\I,..; ell"""''' 1....1......... 1:'1 19. Entire Agreement. The provIsions of this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. All representations and promises made by any party to another, whether in writing or orally, concerning the subject matter of this Amendment are merged into this Amendment. Except as amended by this Amendment, the terms of the Agreement shall continue in full force and effect. 20. Counterpart Execution. This Amendment 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 Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment. [Remainder of Page Intentionally Left Blank] Confidential Page 6 of 16 C::;"nnv 1<::lp<:: FI A TC::; r.nntr:>r-t Ampnrlmpnt ?n1 n nR 1" rit\l nf ~I Inn\! Ic:.IAC: 1=1 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF SUNNY ISLES, FLORIDA ATTEST: By: By: City Clerk Date MAYOR Date APPROVED AS TO FORM By: City Attorney Date AMERICAN TRAFFIC SOLUTIONS,INC. WITNESS: By: Date Adam E. Tuton Chief Operating Officer Date Date Confidential Page 7 of 16 SlJnnv 1!;le!; FL ATS Contract Amendment 2010061<; rit\l nf ~Ilnn\l Icdo~ J=I EXHIBIT "B" Construction and Installation Obliqations Timeframe for Installation: Traffic Safety Camera Proqram Vendor will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Vendor and the City Manager. Vendor will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement. Vendor will use reasonable commercial efforts to install and activate all specified intersections within forty-five (45) days subsequent to receipt of all permits required by Section 1.4 of this Exhibit B. 1. Vendor Obliqations. Vendor shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Vendor's sole expense): 1.1 Appoint the Vendor Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Vendor Project Manager; 1.2 Request current "as-built" electronic engineering drawings for the Designated Intersections (the "Drawings") from the County traffic engineer; 1.3 Develop and submit to the City for approval construction and installation specifications in reasonable detail for the Designated Intersection, including but not limited to specifications for all radar sensors, pavement loops, electrical connections, and traffic controller connections, as required; 1.4 Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection (collectively, the "Approvals"), which will include compliance with City permit applications; 1.5 Seek rights from private property owners, as necessary for the placement of System Equipment at designated intersections where Governmental Authorities have jurisdiction over the designated intersection and adjacent rights of right of way, and such Governmental Entity denies authority to Vendor for the installation of its equipment; 1.6 Finalize the acquisition of the Approvals; 1.7 Submit to the City a public awareness strategy for the City's consideration and approval, which strategy shall include media and educational Confidential Page 8 of 16 ~llnn\l lelo.e ~I l1TC::: rl"'\nt,.~,..t An"'lo.nrlr"v"u=:tont "'''1'' n~ 1~ ("'it\!,...f C:::"nn\l 1C!I.o.C! 1:'1 materials for the City's approval or amendment according to the Vendor proposal (the "Awareness Strategy"); 1.8 Develop the Red Light Infraction Criteria in consultation with City; 1.9 Develop the Enforcement Documentation for approval by City, consistent with the requirements of Law of Florida 2010-80, as may be amended or recodified from time to time; 1.10 Install warning signs at designated intersections in accord with Exhibit E; 1.11 Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersections (under the supervision of the City); 1.12 Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersections, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations; 1.13 Install and test the functionality of the Designated Intersections with the Vendor System and establish fully operational Infraction processing capability with the Vendor System; 1.14 Implement the use of the Vendor System at each of the Designated Intersections; 1.15 Deliver the Materials to the City; 1.16 Upon approval by an Authorized Employee, issue Notices of Violation or Uniform Traffic Citations; 1.17 Obtain access to the records data of the Department of Motor Vehicles in Vendor's capacity as needed for the program; 1.18 Vendor shall provide training for personnel of City, including, but not limited to, the persons who City shall appoint as Authorized Employees and other persons involved in the administration of the TSCP, regarding the operation of the Vendor System and the TSCP. This shall include training with respect to the Vendor System and its operations, strategies for presenting Infractions Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.19 Provide reasonable public relations resources and media materials to the City in the event that the City elects to conduct a public launch of the TSCP; 1.20 Notice of Violation processing and Notice of Violation re-issuance. Confidential Page 9 of 16 Co,........... 1.....1"..... C'I ^TC' f""'........+...........+ ^.................,..,!...............+ 1")""''' "c.-Ie:. f"i+" ",,f: C'",.",."" 1...11"\'-'" [:'1 2. CITY OBUGA TIONS. City shall do or cause to be done each of the following (in each case, unless otherwise stated below, at the City's sole expense): 2.1. Appoint the Project Manager; 2.2. Assist Vendor in obtaining the Drawings from the relevant Governmental Authorities; 2.3. Notify Vendor of any specific requirements relating to the construction and installation of any Intersection or the implementation of the TCSP; 2.4. Assist and cooperate fully with Vendor, including, but not limited to, executing all such documents as may be necessary or desirable to obtain the Approvals; 2.5. Provide reasonable access to the City's properties and facilities in order to permit Vendor to install and test the functionality of the Designated Intersections and the TSCP; 2.6. Provide reasonable access to the personnel of the City and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.7. Seek approval or amendment of Awareness Strategy and provide written notice to Vendor with respect to the quantity of media and program materials (the "Materials") that the City will require in order to implement the Awareness Strategy during the period commencing on the date on which Vendor begins the installation of any of the Designated Intersection and ending six (6) months after the Installation Date; 2.8. Assist Vendor in developing the Red Light Infraction Criteria; 2.9. Seek approval of the Enforcement Documentation; 2.10. The City shall, on a form provided by Vendor, provide verification to the State Department of Motor Vehicles, National Law Enforcement Telecommunications System, or appropriate authority indicating that Vendor is acting as an Agent of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. S 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law; 2.11. If feasible, and only after all necessary approvals have been obtained from utilities and other governmental entities with jurisdiction, City shall allow Vendor to access power from existing power sources at no cost to City and shall allow or facilitate access to Confidential Page 10 of 16 5unnv Isles FL ATS Contract Amendment 20100615 r.itv nf ~"nnv 1"1..,, 1=1 traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each Camera System within the City's jurisdiction; 2.12. City shall provide one or more Authorized Employees for the purpose of reviewing Potential Infractions and approving the issuance of Notices of Violation and Uniform Traffic Citations. 2.13. The Authorized Employees shall process each Potential Infraction in accordance with State Laws and/or City Ordinances and notify Vendor of whether a Notice of Violation shall issue within five (5) days of the appearance of the Potential Infraction in the Police Review Queue, using Axsis ™ to determine which Potential Infractions will be issued as Notices of Violation or as soon as reasonably practical in the event of technical difficulties, power outages, or other circumstances beyond the City's control, or with the consent or approval of Vendor for extension; 2.14. City shall provide access to the Internet for the purpose of processing Potential Infractions; 2.15. Vendor shall, at no additional cost to City, provide Police Department/Adjudication workstation computer monitors for citation review and approval which provide a resolution of 1280 x 1024, which shall be returned to Vendor in the event the Agreement is terminated; 2.16. For optimal data throughput, Police Department / Adjudication workstations should be connected to a high-speed Internet connection with bandwidth of T-1 or greater. Vendor will coordinate directly with the City's Information Technology (IT) Department on installation and implementation of the computerized aspects of the program; 2.17. City shall provide, on forms provided by Vendor, signatures of all Authorized Employees who will review events and approve the issuance of Notices of Violation and Uniform Traffic Citations; 2.18. In the event that remote access to the A TS Axsis VPS System is blocked by City's network security infrastructure, the City's IT Department and the counterparts at A TS shall coordinate to facilitate appropriate communications access while maintaining required security measures; and 2.19. City shall provide a computer terminal at a public location where persons receiving Notices of Violation or Uniform Traffic Citations may review the recorded images of the violation. Confidential Page 11 of 16 c::.llnn\lIe:IQc ~1 .6.TC:: r"nt"'.:]f""t l1n"'1cnrlrn.c.nt ?n1n ne:;; 1" f"i+" .....~ C"II.......... 1...1........ C'I EXHIBIT "C" Maintenance 1. All repair and maintenance of Traffic Safety Camera Program systems and related equipment will be the sole responsibility of Vendor, including but not limited to maintaining the casings of the cameras included in the Vendor System and all other Equipment in reasonably clean and graffiti-free condition. 2. Vendor shall not open the Traffic Signal Controller Boxes without a representative of Miami-Dade County Traffic Engineering present. 3. The provision of all necessary communication, broadband and telephone services to the Designated Intersections will be the sole responsibility of the Vendor. 4. The provision of all necessary electrical services to the Designated Intersections will be the sole responsibility of the Vendor. 5. In the event that images of a quality suitable for the Authorized Employee to identify Infractions cannot be reasonably obtained without the use of flash units, Vendor shall provide and install such flash units. 6. The Vendor Project Manager (or a reasonable alternate) shall be available to the City's Project Manager each day. 7. Vendor shall ensure that all equipment that it provides pursuant to this Agreement meets the specifications, if any, adopted by the Florida Department of Transportation pursuant to Florida Statute, Section 316.07456, by July 1, 2011. Confidential Page 12 of 16 co"........, '...1,..,.. [:1 ^TC" (""'....+..............+ ^.........................................+ 'In-1n na 1k (,i+" nf. CII..""" 1t"-1.o.C'" E:'I EXHIBIT "D" Infraction Processinq 1. All Infractions Data shall be stored on the Vendor System. 2. The Vendor System shall process Infractions Data gathered from the Designated Intersections into a format capable of review by the Authorized Employee via the Vendor System. 3. The Vendor shall act as City's agent for the limited purpose of making an initial determination of whether the recorded images should be forwarded to an Authorized Employee to determine whether an Infraction has occurred and shall not forward for processing those recorded images that clearly fail to establish the occurrence of an Infraction. 4. The Vendor System shall be accessible by the Authorized Employee through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser. 5. Vendor shall provide storage capabilities for the City to store infractions identified for prosecution for a period of time of not less than four (4) years after final disposition of a case or such time as required by general law. 6. Vendor shall provide Authorized Employees with access to the Vendor System for the purposes of reviewing the pre-processed Infractions Data within five (5) days of the gathering of the Infraction Data from the applicable Designated Intersections. 7. Within five (5) days of receipt, the City shall cause the Authorized Employee to review the Infractions Data and to determine whether a Notice of Violation shall be issued with respect to each Potential Infraction captured within such Infraction Data, and transmit each such determination to Vendor using the software or other applications or procedures provided by Vendor on the Vendor System for such purpose. VENDOR HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A NOTICE OF VIOLATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION (A "NOTICE OF VIOLATION DECISION"), AND IN NO EVENT SHALL VENDOR HAVE THE ABILITY OR AUTHORIZATION TO MAKE A NOTICE OF VIOLATION DECISION. 8. With respect to each Authorized Infraction, Vendor shall print and mail by first class mail a Notice of Violation within the statutorily required timeframe. 9. Vendor shall provide a toll-free telephone number, at its sole expense, for the purposes of answering citizen inquiries. 10. Vendor shall permit the Authorized Employee to generate monthly reports using the Vendor Standard Report System. Confidential Page 13 of 16 ~11r"l"'\lIC"lo~ CI ^TC' f""'.....n+............. ^""""'OI"'l...4,......".......... ""1" na "'II::. ,...:...,. ,..~ C". .......,. 1....1.......... r:"'1 11. Upon Vendor's receipt of a written request from the City and in addition to the Standard Reports, Vendor shall provide, without cost to the City, reports regarding the processing and issuance of Notices of Violation, the maintenance and downtime records of the Designated Intersections and the functionality of the Vendor System with respect thereto to the City in such format and for such periods as the City may reasonably request, without cost to the City. 12. Upon Vendor's receipt of a written request from the City at least fourteen (14) calendar days in advance of a hearing, Vendor shall provide expert witnesses for use by the City in prosecuting Infractions at no cost to the City. 13. Vendor shall provide such training to City personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the City with respect to the Red Light Enforcement Program. However, if a specific case requires testimony on the technical aspects of the equipment, upon City's request Vendor shall provide the City with an expert in the hearing in that case at no cost to the City. 14. Vendor shall provide to City a Notice of Violation form that complies with all requirements of the Ordinance. Vendor shall also provide to City a form of affidavit for use by owners of motor vehicles who claim an exemption under Florida Statutes S 316.0083 and shall make that affidavit available to owners through an Internet location or upon telephone request by an owner who has received a Notice of Violation or Uniform Traffic Citation. 15. Vendor agrees that the City shall have the right to review and approve the form Notice of Violation prior to its use, and that in the event City determines additional information should be included in the Notice of Violation, Vendor shall modify the Notice of Violation form, at its sole expense, to comply with those requirements. 16. The City shall provide Vendor 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 Vendor's Systems. 17. If a motor vehicle owner who receives a Notice of Violation fails to pay the statutory penalty or submit an affidavit that complies with all of the requirements of Florida Statutes S 316.0083(1)(d), as may be amended or recodified from time to time, within the time period provided in Florida Statues S 316.0083(1 )(b), as may be amended or recodified from time to time, the issuance of a Uniform Traffic Citation shall automatically occur based upon the prior Authorized Employee approval of the Notice of Violation. 18. The City shall provide a magistrate, judge, hearing officer, or other similar official as may be required, together with adjudication facilities, all for the purpose of scheduling and hearing disputed Uniform Traffic Citations. 19. For any city using ATS lockbox or epayment services, Vendor will establish a demand deposit account bearing the title, "American Traffic Solutions, Inc. as agent for Customer" at U.S. Bank. All funds collected on behalf of the Customer will be deposited in this account and transferred by wire the first Confidential Page 14 of 16 ~Ilnnv 1c::.1~c:.. 1=1 A T~ rnntr::a,..t ArYH:lr,nrlmont ?n1 n ne::: 1 ~ business day of each week to the Customer's primary deposit bank. The Customer will identify the account to receive funds wired from U.S. Bank. If desired, Customer will sign a W-9 and blocked account agreement, to be completed by the Customer, to ensure the Customer's financial interest in said U.S. Bank account is preserved. 20. Vendor is authorized to charge, collect, and retain a convenience fee of $4.00 each for electronic payments provided. Such fee is paid by the violator. Confidential Page 15 of 16 ~11"'r'H' 1~lo~ &::'1 ^TC' f"'.......+......,..+ ^..................",...................+ "')("<1" nC-1t:: EXHIBIT "F" SERVICE FEE SCHEDULE 1.0 Description of Pricing Fees are based on per Camera and are as follows: Option 1: Flat Fee per Camera per Month, plus certified mail processing surcharge of $4 per piece metered for mailing Uniform Traffic Citations (no return receipt): Option 2: Lane based pricing, plus certified mail processing surcharge of $4 per piece metered for mailing Uniform Traffic Citations (no return receipt): . For 1 or 2 lanes . For 3 or 4 lanes . For 5 or 6 lanes Fee $4,750 $3,750 $4,750 $5,750 Option 3: Base Fee Per Camera Per Month, plus flat fee per service unit for $2,750 individual work elements. . For violation data transmission, first review, second quality review service, supervisory review, Traffic Infraction Enforcement Officer (TIEO) access and review portal . Data acquisition fee per registered owner match . Mail printing, processing, and handling service includes Notice of Violation (NOV) by first class mail and UTC by certified mail including bad address processing and remailing. $7.50 · Inbound call/customer service $4.50 . Affidavit processing service $4.50 . Payment processing service $1.50 . Data archival service $1.50 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 for a 4-lane approach (except for Option 2) with up to two (2) signal phases, installation, maintenance, violation processing services, DMV records access, mailing of Notice of Violation in color with return envelope, lockbox and epayment processing services, call center support for general program questions and public awareness program support. $6.50 $3.50 Note: Customer will notify ATS which Pricing Fee Option to utilize within 30 days of Amendment being executed by both parties. 2.0 Optional Collection Services: ATS will initiate collection efforts of delinquent notices upon written request by Customer. ATS will be entitled to receive portions of the collected revenue as noted below. The maximum is 30% total for both pre-collection and collection. For those accounts in default that go to collection, this is in addition to our Fees noted above. Pre-Collection Letters Delinquent Collections Services 10% of Recovered Revenue 30% of Recovered Revenue 3.0 Optional Annual TraininQ Conference: A TS provides a comprehensive user training conference for active photo traffic safety and enforcement clients. The conference's main focus is Training of the system. Core elements include training on implementation methods and improvements, operational monitoring and improvements, statistical analysis, public relations and technology assessment. The sessions include participation by industry members, industry speakers and panel discussions. The Annual User Conference will be held in Phoenix Metro area. Customer shall be invoiced $100 per month per attendee and can assign up to three (3) project team members to attend the Conference each year. The $1,200 fee per attendee will cover travel, accommodations and all related Conference fees. Pricing valid through June 30,/2010. Confidential Page 16 of 16 C::llnn\l Icdt:loC: 1=1 11 TC:: r"nt,.~,..t ArYlQnnrY'lQnt ?n1 n n~ 1" r.ihl nf ~llnn\1 1c;:;1c.<:. 1=1 " , . ~ ~ City's officers, employees and agents only to the fullest extent authorized by said cited statutes . 10.2. Indemnification - Infringements. The Vendor shall indemnify City for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any infringement or claim of infringement of any patent, trademark, copyright, trade secret or other proprietary right relating to services furnished pursuant to this Agreement. The Vendor will defend andlor settle at its own expense, with legal counsel reasonably acceptable to the City, any action brought against the City to the extent that it is based on a claim that products or services furnished to City by the Vendor pursuant to this Agreement, or if any portion of the services or goods related to the perfonnance of the service becomes unusable as a result of any such infringement or claim. Any infringement or claim that renders any portion of the services to be perfonned by this agreement to be unusable, or materially affects the Vendor's Red Light System as functionally described herein, shall be grounds for a default of this Agreement. 10.3. The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification to be provided by the Vendor and agree that in the event that the law is construed to require a specific consideration to be given therefore, the parties therefore agree that the sum of Ten Dollars and 001100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Vendor. Furthennore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the tenn of this Agreement and continue in full force and effect as to the Vendor's responsibility to indemnify for events occurring during the tenn of this Agreement for a period of not less than five (5) years after expiration or tennination of the Agreement. 10.4. Legal Challenges. The parties recognize and acknowledge that the TSCP contemplated herein may be subject to legal challenge andlor judicial review as a ~ new or innovative program. It is understood and acknowledged that various aspects / of the program may be challenged. In the event of a legal challenge to the Program, City and Vendor shall share in the cost of the defense on a pro-rata basis. 10.5. In the event that a court of competent jurisdiction or the State of Florida, including any of its agencies, orders or requires the City to return any payments made for infractions of the City Ordinance ,Vendor shall, at no additional charge, assist City to perfonn all relevant portions of any such order, decree, judgment, etc., required to be perfonned by the City including, but not limited to, assisting the City to locate each violator so that any ordered reimbursement may be made. Prior to the close of the "Warning Period" established in Section 6.2, Vendor shall provide to the City with adequate security in an acceptable fonn to the City which is intended to protect City from liability, if any, under this paragraph 10.5. Such security may be in the fonn of lien on Vendor's equipment or other fonn of security to be detennined by agreement of the parties. Page 12 of31 " ~ Jo2. (45) calendar days (or within such other time period as City and Vendor shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non-causing party setting forth in reasonable detail the events of the cause for termination. The right to terminate this Agreement given in Section 6.1 shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement. 13. Warning Period. Section 6.2 of the Agreement is deleted. 14. Procedures for Processing Payments. Sections 7.2, 7.3, and 7.4 of the Agreement are deleted and replaced with the following: 7.2 Vendor shall be responsible for processing payments of Civil Penalties paid pursuant to Notices of Violation and (only if authorized by the County Court) for Uniform Traffic Citations. Vendor shall provide payment means through mail, telephone and on-line processes. Vendor shall track all payments and handle all applied payments, unapplied payments, overpayments, refunds, adjustments, dismissals and reversals. Any payments made in person to the City will be taken by the City and applied through Axsis System. 7.3 Vendor's lockbox shall remit to the designated City account all payments received during a week no later than 5:00 p.m. Eastern Time on Tuesday of the following week. If such Tuesday is a legal holiday or a day upon which banking services are not available, Vendor's lockbox shall remit such payments on the next day that is not a legal holiday and that banking services are available. 7.4 Vendor shall invoice the City for all applicable fees for services rendered by Vendor pursuant to this Agreement according to the fee schedule delineated on Exhibit "F". Along with the invoice, Vendor shall provide information to the City, in a format acceptable to the City, supporting the invoice amounts forwarded by Vendor to the City. In addition, City shall have access to Vendor's financial records evidencing payments for all paid Notices of Violation and for Uniform Traffic Citations (the "UTC") for red zone infractions at City's Designated Intersections upon City's reasonable request. 15. Legal Challenges and Indemnification. Sections 10.4, 10.5, 10.6, and 10.8 of the Agreement are deleted, except that the provisions of Section 10.4 (cost of legal challenges) shall continue in full force and effect as to any legal challenge within the scope of Section 10.4 to the extent that such legal challenge (a) was filed with a court of competent jurisdiction on or before June 30, 2010 or (b) is based upon the TCSP as it existed and was operated prior to July 1, 2010. In no event shall ATS have any obligations to the City in respect of legal challenges to Laws of Florida 2010-80, as may be amended from time to time, or to the TCSP as it exists and is operated on or after July 1, 2010 (including, but not limited to, legal challenges to the City Ordinance). Page 4 of 17 Avenlura FL _Draft Contract Amendment 2010.05.20 City of Avenlura, FL Page 1 of2 " , ~- .. Jane Hines From: Jane Hines 3D~- C(~to-~9Dl Sent: Monday, July 26,201010:03 AM To: 'Teresa Soroka' Subject: RE: Copy of Aventura Agreement with A TS for Legal Defense Fees Hi Teresa: Hope you had a great extended weekend! The document he is looking for is an Amendment or an Addendum to the original Agreement with A TS and it should have been approved recently like in the last couple of weeks or month or so. We appreciate your help in this matter. Thanks. Jane A. Hines, CMC City Clerk City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Phone: 305-792-1703 Fax: 305-792-1563 WWW.sibf\.nej PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW MOST WRITTEN COMMUNICATIONS TO OR FROM CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE. From: Teresa Soroka [mailto:sorokat@cityofaventura.com] Sent: Monday, July 26, 2010 9:51 AM To: Jane Hines Subject: Re: Copy of Aventura Agreement with ATS for Legal Defense Fees I was out of the office Thursday/Friday. Should be in shortly and will send you the paragraph of our current A TS agreement that addresses legal fees. Sent from my Verizon Wireless BlackBerry From: Jane Hines <JHines@sibfl.net> Date: Mon, 26 Jul2010 09:24:48 -0400 To: Teresa Soroka<sorokat@cityofaventura.com> Subject: RE: Copy of A ventura Agreement with A TS for Legal Defense Fees Good Morning Teresa: Were you able to locate the agreement with ATS for legal defense fees? Our City Attorney needs a copy ASAP. Thanks Teresa. 7/26/2010 Page 2 of2 ...-....... Jane A. Hines, CMC City Clerk City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Phone: 305-792-1703 Fax: 305-792-1563 www.sibfl.net PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE. From: Jane Hines Sent: Friday, July 23, 2010 3:53 PM To: Teresa Soroka' Subject: Copy of Aventura Agreement with ATS for Legal Defense Fees Importance: High Good Afternoon Teresa: Our City Attorney has requested a copy of an agreement between Aventura and A TS for legal defense fees in a class action lawsuit filed against A TS and Aventura. The Attorney for A TS said that Aventura and A TS are sharing expenses in this lawsuit. Can you please email that agreement to me today if possible. Thanks for your help in this matter. Jane A. Hines, CMC City Clerk City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Phone: 305-792-1703 Fax: 305-792-1563 www.sibfl.net PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE. PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE. 7/26/2010