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
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AMENDMENT NO.1 TO THE AGR MENT BETWEE~
THE CITY OF SUNNY ISLES BEACH AND AME ICAN TRAFFIC:
FOR TRAFFIC SAFETY CAMERA PROGRAM
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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").
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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.
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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
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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.
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Sunnv Isles FL ATS Contract Amendment 20100615
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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.
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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]
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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
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SlJnnv 1!;le!; FL ATS Contract Amendment 2010061<;
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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
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(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
" ,
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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