2010-37RESOLUTION NO.2010-37
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT DATED FEBRUARY 8, 2008 BY AND
BETWEEN THE CITY OF AVENTURA AND AMERICAN
TRAFFIC SOLUTIONS, INC.; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. The City Manager is hereby authorized to execute and otherwise
enter into the attached Amendment No. 2 to Professional Services Agreement dated
February 8, 2008 by and between the City of Aventura and American Traffic Solutions,
Inc.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Sect_ ion 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put to
a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
Resolution No. 2010-~.
Page 2
PASSED AND ADOPTED this 6t" day of July, 2010.
~s'~
USAN GOTT B, MAYOR
APPROVED AS TO LEGAL SUFFICIENCY:
~~~
CITY ATTORNEY
American
'tFaffic Solutions
AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN
THE CITY OF AVENTURA AND AMERICAN TRAFFIC SOLUTIONS
FOR TRAFFIC SAFETY CAMERA PROGRAM
This Amendment No. 2 (the "Amendment") to the Agreement Between The City
Of Aventura and American Traffic Solutions For Traffic Safety Camera Program dated
as of February 8, 2008 (the "Agreement") is made and effective as of the 1st day of
July, 2010 (the "Effective Date") by and between the City of Aventura, Florida, a
municipal corporation (the "City" or "Customer") and American Traffic Solutions, LLC, a
Delaware limited liability company ("Vendor").
Recitals
WHEREAS, on or about October 18, 2007, the City adopted Ordinance 2007-15,
codified at Chapter 48, Article III of the City's Code of Ordinances, which established
and authorized the City's Traffic Camera Safety Program (the "TCSP"); and
WHEREAS, on or about February 8, 2008, the City and Vendor entered into the
Agreement, whereby the City and Vendor agreed to the provision by Vendor of services
to the City in connection with the Traffic Camera Safety Program, subject to the terms
and conditions stated in the Agreement; and
WHEREAS, in June 2009, the City and Vendor entered into that certain
Amendment to Professional Services Agreement (the "First Amendment"), which
addressed the provision of collection services by Vendor to City; and
WHEREAS, on or about May 13, 2010, the Governor of the State of Florida
signed CS/CS/HB325 into law, resulting in the creation of Chapter 2010-80, Laws of
Florida (the "Mark Wandall Traffic Safety Act" or the "Act") taking effect on July 1, 2010;
and
WHEREAS, the Act 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 on June 17, 2010 amended Chapter 48, Article III of the
City's Code of Ordinances to provide for the operation of its Traffic Camera Safety
Program in accord with the provisions of the Act ;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 the Act;
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
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are hereby acknowledged, Vendor and City agree that the Agreement shall be and
hereby is amended and modified as provided herein:
1. Recitals. The preceding recitals are true and correct and are
incorporated into this Amendment by reference.
2. Definitions. Section 1.0 of the Agreement is deleted and replaced with
the following:
1.0 Definitions. All definitions set forth in Chapter 48, Article III of the
City's Code of Ordinances, as may be amended or recodified from time to
time, are incorporated herein. In addition, the following words and
phrases shall have the following meanings in this Agreement.
3. Definition of "Authorized Employee." Section 1.1 of the Agreement is
deleted and replaced with the following:
1.1 "Authorized Employee" means the Traffic Infraction Enforcement
Officer, whose duties and qualifications are set forth in the City Ordinance.
4. Definition of "City Ordinance." Section 1.3 of the Agreement is deleted
and replaced with the following:
1.3 "City Ordinance" means Chapter 48, Article III of the City's Code of
Ordinances, as may be amended or recodified from time to time.
5. Definition of "Civil Fee." Section 1.4 of the Agreement is deleted and
replaced with the following:
1.4 "Civil Penalty" means the penalty assessed for violations of Florida
Statutes §§ 316.074(1) or 316.075(1)(c)1 pursuant to Florida
Statutes § 316.0083.
All references in the Agreement to "Civil Fee" shall be amended to mean "Civil
Penalty".
6. Definition of "Enforcement Documentation." Section 1.8 of the
Agreement is deleted and replaced with the following:
1.8 "Enforcement Documentation" means the necessary and appropriate
documentation related to the issuance and collection of notices of
violation, as defined in the City Ordinance, for the enforcement of red zone
infractions, also as defined in the City Ordinance, including notices of
violation, instructions for notices of violation, form affidavits, instructions
for form affidavits, reminder letters, a numbering sequence for notices of
violation, chain of custody records, and technical support documentation.
7. Definition of "Infraction." Section 1.11 of the Agreement is deleted and
replaced with the following:
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1.11 "Infraction" means any red zone infraction or violation as defined in
the City's Ordinance and as provided by the Act.
8. Definition of "Notice of Infraction." Section 1.15 of the Agreement is
deleted and replaced as follows:
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 the City Ordinance, and
means a "notice of violation" as such term is used in the Act .
All references to the term "Notice of Infraction" in the Agreement are deleted and
replaced with the term "Notice of Violation."
9. Removal of Duplicate Definitions of "Traffic Safety Camera
Program". Section 1.24 of the Agreement is deleted, since covered by Section 1.25.
10. Definition of "Ordinance". Section 1.17 of the Agreement is deleted and
replaced with the following:
"Ordinance" shall mean Chapter 48, Article III of the City of Aventura's
Code of Ordinances, as may be amended or recodified from time to time.
11. Prosecution. Section 3.4 of the Agreement is deleted and replaced with
the following:
3.4 Prosecution. The City shall prosecute red zone infractions pursuant
to the terms, procedures, and requirements of the City Ordinance and
general law, including the Act, subject to the City's routine law
enforcement discretion.
12. Termination for Cause. Section 6.1 of the Agreement is deleted and
replaced 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 TCSP by
the City; or (ii) a court having jurisdiction over the City rules or declares
that the Act is invalid, in whole or material part; or (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; or (iv) the other party commits a
material breach of any of the provisions of this Agreement; or (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
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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).
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16. 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. If the provisions of the Service Fee Schedule (Exhibit F)
have operated to the material financial detriment of a party when compared to the
operation of the TCSP prior to the execution of this Amendment No. 2, then that party
may provide the other party with written notice explaining how the Service Fee
Schedule has operated to that party's material financial detriment and requesting to
negotiate an amendment to the Service Fee Schedule (a "Reopener Notice"). The
parties shall act in good faith to negotiate an amendment to the Service Fee Schedule
that addresses, in a manner that is fair and equitable to both parties, the matters raised
in the Reopener Notice. If the parties fail to reach agreement upon an amendment to
the Service Fee Schedule within 90 days of the Repoener Notice, then either party shall
have the right to terminate this Agreement without penalty or early termination fee,
subject to the terms and conditions of Section 6.3 of the Agreement, by providing 30
days advance written notice to the other party, such notice to be given no later than 100
days from the Reopener Notice. This provision shall expire and be of no further force or
effect 365 days from the Effective Date (the "Expiration Date"); provided, however, that
if a Reopener Notice is given pursuant to this section before the Expiration Date, the
parties shall have the negotiation and termination rights provided in this Section,
notwithstanding the passage of the Expiration Date, solely with respect to that
Reopener Notice.
B. Cost Protection. Vendor shall waive its monthly Service Fee under
the Service Fee Schedule in any month if and to the extent that the monthly
compensation to be paid by City to Vendor pursuant to the Service Fee Schedule
exceeds the monthly penalties received and retained by the City from any source from
operation of the TCSP. The portion of compensation so waived shall be that amount
which exceeds the amount of the penalties received and retained by the City.
17. Termination of Amendment. The First Amendment is terminated and
shall be of no further force or effect.
18. Most Favored Governmental Entities. The Vendor agrees that if, after
the Effective Date of this Amendment No. 2, it enters into an agreement for the same or
substantially similar scope of services with another local government in Florida which
contains a term or condition, including fees, charges or costs, that are more favorable
than the terms in the Agreement, as modified by this Amendment, the City may provide
Vendor with written notice explaining how the new agreement is for the same or
substantially similar services and how the new agreement contains terms or conditions
that are more favorable than the terms in the Agreement, as modified by this
Amendment and requesting to negotiate an amendment to the Agreement (a "New
Agreement Notice"). The parties shall act in good faith to negotiate an amendment to
the Agreement that addresses, in a manner that is fair and equitable to both parties, the
matters raised by the City in the New Agreement Notice. If the parties fail to reach
agreement upon an amendment within 90 days of the New Agreement Notice, then the
City shall have the right to terminate this Agreement without penalty or early termination
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fee, subject to the terms and conditions of Section 6.3 of the Agreement, by providing
30 days advance written notice to the Vendor, such notice to be given no later than 100
days from the New Agreement Notice.
19. Effect of Amendment on Agreement. Except as expressly amended or
modified by the terms of this Amendment, all terms of the Agreement, as previously
amended, 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. This Amendment
shall be construed and applied in accordance with the Act.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
the day and year first written above.
City of Aventura
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM ~,
~' "~\
CITY ATTOR
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CITY MANAGER
Aventura FL Draft Contract Amendment 2010.05.20 City of Aventura, FL
American Traffic Solutions, LLC
WITNESSES:
By:
State of Arizona
County of Maricopa
ss:
Name: Adam E. Tuton
Title: Chief Operating Officer
On this day of July, 2010, before me, the undersigned notary public,
personally appeared ,personally known to me or who
has produced as identification, and is the person who
subscribed to the foregoing instrument and who acknowledged that he executed the
same on behalf of American Traffic Solutions, LLC and that he was duly authorized to
do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Seal:
NOTARY PUBLIC
My commission expires:
Print Name
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Aventura FL Draft Contract Amendment 2010.05.20 City of Aventura, FL
EXHIBIT "B"
Construction and Installation_Obligations
Timeframe for Installation: Traffic Safety Camera Program
Vendor will have each specified intersection installed and activated in phases in accord
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".
I. Vendor Obligations. Vendor shall do or cause to be done each of the following
(in each case, unless otherwise stated below, at Vendor's sole cost and 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 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 Intersections (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 which 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 the City;
1.9 Develop the Enforcement Documentation for approval by the City,
consistent with the requirements of the City Ordinance and the Act , as
may be amended or recodified from time to time.;
1.10 Complete the installation and testing of all necessary Equipment, including
hardware and software, at the Designated Intersections (under the
supervision of the City);
1.11 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;
1.12 Install and test the functionality of the Designated Intersections with the
Vendor System and establish fully operational Infraction processing
capability with the Vendor System;
1.13 Implement the use of the Vendor System at each of the Designated
Intersections;
1.14 Deliver the Materials (as defined in 2.7 below) to the City;
1.15 Upon approval by an Authorized Employee, issue Notices of Violation
and, as applicable, Uniform Traffic Citations and deliver such
Notice of Violation and/ or Uniform Traffic Citation by the mailing
method prescribed by the Act;
1.16 Obtain access to the records data of the Department of Motor
Vehicles in Vendor's capacity as needed for the program;
1.17 As needed, Vendor shall provide training for personnel of the City,
including, but not limited to, the persons who City shall appoint as
Authorized Employees and other persons involved in the administration of
the TCSP, regarding the operation of the Vendor System and the TCSP.
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;
1.18 Provide reasonable public relations resources and media materials to the
City in the event that the City elects to conduct a public launch or re-
launch of the TCSP;
1.19 Notice of Violation processing and Notice of Violation re-issuance.
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1.20 Vendor shall, at no additional cost to the City, provide Police Department
workstation computer monitors for use by City during the term of the
Agreement for potential Infraction review and approval which provide a
resolution of 1280 x 1024, which monitors shall be returned to Vendor
upon termination of this Agreement.
1.21 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.
1.22 Within 120 days after execution of this Amendment, Vendor shall consider
whether it is commercially reasonable and otherwise acceptable to Vendor
to establish a customer service office within the northern Miami-Dade
County area (ie: North Miami, North Miami Beach, Aventura or
unincorporated area of the county) to receive payments on Notices of
Violations and notify the City of its decision.
1.23 In order to assist in a smooth transition for the County Court jurisdiction of
Uniform Traffic Citations for the TCSP, Vendor shall provide, at dates and
times mutually agreed to by the parties, a representative that will assist
the City's Police Department in meeting with Court personnel concerning
the TCSP.
II. CITY OBLIGATIONS. The 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 in seeking Approvals, 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 TCSP;
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;
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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 Intersections 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 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. §
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
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 purposes of
reviewing potential Infractions and approving the issuance of Notices of
Violations and Uniform Traffic Citations;
2.13 The Authorized Employee shall process each potential Infraction in
accordance with State Laws and City Ordinances and notify
Vendor of whether a Notice of Violation shall issue within
seven (7) days of the appearance of the potential Infraction in the
Police Review Queue, using AxsisT"" to determine which potential
Infractions will be issued as Notices of Violation. In the event of a
system failure or power outage, the Authorized Employee shall process
each potential Infraction as soon as possible, or with the consent or
approval of Vendor for extension;
2.14 City shall provide access to the Internet for the purpose of processing
potentia I Infractions;
2.15 City shall provide, on forms provided by Vendor, signatures of all
Authorized Employees who will review events and approve the issuance
of Notices of Violations and Uniform Traffic Citations;
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2.16 In the event that remote access to the ATS Axsis VPS System is
blocked by City's network security infrastructure, the City's IT
Department and the counterparts at ATS shall coordinate to facilitate
appropriate communications access while maintaining required security
measures;
2.17 City shall provide a computer terminal at a public location within the City
(ie: library or other location meeting the requirements of the Act) where
persons receiving Notices of Violation may review the recorded images of
the violation.
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EXHIBIT "C"
Maintenance
i. All repair and maintenance of the Traffic Camera Safety Program (the "TCSP")
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.
~. 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 Processing
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. 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 ahigh-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 the Authorized Employee 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 seven (7) 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.
Further, Vendor shall prepare, and serve by certified mail, the Uniform Traffic
Citation if the civil penalty is not timely paid and/or the affidavit meeting the
requirements of Sec. 316.0083, Florida Statutes, is not timely filed, as further
described in paragraph (17) below.
9. Vendor shall provide atoll-free telephone number, at its sole expense, for the
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purposes of answering citizen inquiries.
10. Vendor shall permit the Authorized Employee to generate monthly reports using
the Vendor Standard Report System.
11. Upon Vendor's receipt of a written request from the City and in addition to the
Standard Reports, Vendor shall provide to the City, without cost to the City, special
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 in such format and for such
periods of time as the City may reasonably request.
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. The
parties shall jointly develop the expert witness training protocol. 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 and the Act. Vendor shall also provide to City a
form of affidavit for use by owners of motor vehicles who claim an exemption
under Florida Statutes § 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. With expert assistance from Vendor, City shall provide Vendor with a form of
Uniform Traffic Citation that City finds complies with the provisions of Chapter
316 of the Florida Statutes, with the understanding that some modifications of the
form may be necessary to enable use with the 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 Section 316.0083 (1) (d) within the time period provided in
Florida Statutes Section 316.0083 (1) (b), the issuance of a Uniform Traffic
Citation shall automatically occur based upon the prior Authorized Employee
approval of the Notice of Violation.
18. The County Court for the 11th Judicial Circuit, in Miami-Dade County, Florida, shall
hear disputed Uniform Traffic Citations as provided by applicable law.
19. For any city using ATS lockbox or epayment services, Vendor will establish a
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Aventura FL Draft Contract Amendment 2010.05.20 City of Aventura, FL
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 on Tuesday
of each week to the Customer's primary deposit bank. 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. 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 to Vendor from persons paying a Notice of
Violation, and (if authorized by the County Court) from persons paying a Uniform
Traffic Citation. Such fee is paid by the violator.
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Aventura FL Draft Contract Amendment 2010.05.20 City of Aventura, FL
1.0
EXHIBIT "F"
SERVICE FEE SCHEDULE
Description of Pricing Monthly
Fees are based on per Camera and are as follows: Fee
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 $3,750
• For 3 or 4 lanes $4,750
• For 5 or 6 lanes $5,750
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 the desired lane approach
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.
2.0 Collection Services (Optional): ATS may initiate collection efforts of
delinquent notices upon written request by Customer, provided that such
collection efforts are permitted by the County Court and are consistent with
law. ATS will be entitled to receive portions of the collected revenue as noted
below. The maximum is 30% total for both pre-suit collection and collection via
litigation. For those accounts in default that go to collection, this is in addition
to our Fees noted above.
Pre-suit Collection Letters 10% of Recovered Revenue
Delinquent Collections Services (including filing and maintenance of
litigation) 30% of Recovered Revenue
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Aventura FL Draft Contract Amendment 2010.05.20 City of Aventura, FL