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Agenda 10-08-15 with agreement Special Magistrate for Red Light Camera Violations th October 8 2015 - 9:00 A.M. Boynton Beach City Hall – Chambers 100 East Boynton Beach Blvd, Boynton Beach, FL Agenda James Stokes 1.Call to order by local hearing officer, 2.Approval of Minutes – 3.Amendments to the Agenda 4.Swear in witnesses 5.Violation Hearings: Failure to comply with a steady red signal VIOLATOR ISSUING OFFICER NOTICE # A.1 1851500084921 LAURENCE NEIBERG CSO ANTHONY VERRIGNI B.2 1851500085043 JUDITH ANN ANDREWS CSO ANTHONY VERRIGNI 1851500085480 C.3 SHATARA KAMIS SHATARA CSO ANTHONY VERRIGNI 1851500085571 D.4 GAILDOREEN ALLEN CSO ANTHONY VERRIGNI 1851500085852 E.5 MARIE BANKS JOSEY CSO ANTHONY VERRIGNI VALENCIA MICHELL SPELLS F.6 1851500086033 ANDERSON CSO ANTHONY VERRIGNI 1851500086389 G.7 JEFFREY MICHAEL BROWN CSO ANTHONY PETRIELLO 1851500088047 H.8 JOHN RICHARD MOONEY CSO ANTHONY VERRIGNI 1851500092171 I.9 JEFFREY CHRISTO WAGNER CSO ANTHONY PETRIELLO 1851500092973 J.10 DAVID SOTO CSO ANTHONY PETRIELLO 1851500093740 K.11 MICHAEL DENNIS GUYETTE CSO ANTHONY PETRIELLO 1851500094185 L.12 JOHN J PRYZMOCKI CSO ANTHONY PETRIELLO M.13 1851500094474 MICHAEL JOHN DOWNEY CSO ANTHONY VERRIGNI N.14 1851500095935 NELL ELAINE DAVIS CSO ANTHONY VERRIGNI 1851500096073 O.15 ESHLOVEN JEAN CSO ANTHONY VERRIGNI NOTICE: If any decision of the Special Magistrate Violation Hearings affects you, and you decide to appeal any decision at this meeting with respect to any matter considered, you will need to ensure that a verbatim record of the proceedings is made, in which the records includes the testimony and evidence upon which the appeal is to be based. (The above NOTICE is required by State Law. Anyone desiring a verbatim transcript shall have the responsibility, at his or her own cost, to arrange for the transcript.) 6.Other business 7.City requests and reports 8.Local hearing officer requests and reports 9.Adjournment NOTICE: If any decision of the Special Magistrate Violation Hearings affects you, and you decide to appeal any decision at this meeting with respect to any matter considered, you will need to ensure that a verbatim record of the proceedings is made, in which the records includes the testimony and evidence upon which the appeal is to be based. (The above NOTICE is required by State Law. Anyone desiring a verbatim transcript shall have the responsibility, at his or her own cost, to arrange for the transcript.) The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD �• BOYNTON BEACH FL 33435 (561) 742 -6060 • FAX: (561) 742 -6090 e-mail : prainitoj @ci.boynton- beach.fl.us o _�r www.boynton - beach.org CERTIFICATION I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached American Traffic Solutions Agreement and the four amendments to the agreement, consisting of one hundred and forty-one (141) pages is 'a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 6 day of October, 2015. k in 7 I ET M. PRAINITO, MMC CITY CLERK (SEA 1 go t s:\ 4 tatiAlt Y irons \ Agreements \certification - American Traffic Solutions Agreement & 4 Amendments.docx America's Gateway to the Gulfstream EXCLUSIVE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Agreement is made as of this day of 2009 by and between American Traffic Solutions, Inc., a Delaware Corporation, licensed td , do business in Florida, with offices at 14861 N. Scottsdale Rd, Suite 109, Scottsdale, Arizona 85254 ( "Vendor "), and The City of Boynton Beach, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City "). • RECITALS WHEREAS, Vendor has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and Notice of Infraction processes related to the digital photo red light enforcement systems provided by Vendor pursuant to this Agreement; and WHEREAS, on December 16, 2008, the City Commission of the City adopted Ordinance 08 -034 to authorize the City's Red Light Enforcement Program and provides for the implementation and operation of such; and, WHEREAS, the City Commission finds it in the best interest of the City to utilize the competitive bidding process employed by the City of Aventura, and award an Agreement to Vendor along the same terms and conditions as set forth within the February 8, 2008, Agreement between the City of Aventura and Vendor, except as amended herein. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows. AGREEMENT 1.0 Agreement. The parties agree to the terms and conditions of the February 8, 2008, Agreement between the City of Aventura and the Vendor, a copy of which is attached hereto and incorporated herein, except as amended as follows: A. All references to the City of Aventura shall be deemed as references to the City of Boynton Beach. B. All references to Aventura Ordinance 2007 -15 shall be deemed as references to , Boynton Beach Ordinance 08 -034. Page 1 of 6 S \CA\AGMTS \Piggyback (A1'S - Red Light Camera) doe C. Section 14 shall be amended to reflect the Notice information for the City of Boynton Beach to be as follows: City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742 -6010 / Facsimile: (561) 742 -6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771 -4500 / Facsimile: (954) 771 -4923 D. Sections 1.28 and 6.2 shall be amended to provide for a sixty (60) day Warning Period. E. Section 10.8 is amended to read: "At the conclusion of the Warning Period, and the 2010 session of the Florida Legislature, the City and Vendor will review the indemnification provisions in this Section 10." F. Section 24.0 shall be amended to provide for venue in Palm Beach County, Florida. G. Exhibit A, "Designated Intersections," to the Aventura Agreement, shall be replaced with Exhibit A, "Boynton Beach Designated Intersections," attached hereto. H. There shall be an Exhibit G to the Agreement, the DMV Subscriber Agreement, which shall be executed by the City of Boynton Beach and attached to this Agreement. I. In the event of a conflict between the terms of the Aventura Agreement as amended hereto and the terms of the City's Ordinance, the terms of the City's ordinance shall prevail. 2.0 License for City Information. Vendor acknowledges that the names, logos, service marks, trademarks, trade dress, trade names and patents, whether or not registered, now or hereafter owned by or licensed to City are proprietary marks and Vendor will not use the marks for any purpose except as expressly permitted in writing by the City. Upon termination of this Agreement, Vendor shall immediately and permanently discontinue the use and display of any marks. Page 2 of 6 S \C A\AGMTS \Piggyback (A I'S - Red Light Camera) dot. 3.0 In the event that the Aventura Agreement is amended, or terminated, Vendor shall notify the City within ten (10) days. In the event the Aventura Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. 4.0 The Vendor agrees .that in the event 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, which the City determines to be more favorable than the terms in this Agreement, the parties shall enter into an Addendum to provide those terms to the City. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: B y' wla Cit ' lerk / / / M•Yo / APPRO .' • .,D S T Vi FORM: Office • I e City torney � P 0 T� ;,1 � R WITNESSES: BY: ,/� Print 1` ame: �/ /t r r i . - /�. n S . - n . . s ' ' v' _ Title: P�e)CV ATTEST. vf / 4 / / SECRETARY Page 3 of 6 S \CA\AGMTS\Piggyback (A IS - Red Light Camera) doc STATE OF17.�C� • : ss: COUNTY OF(` ON THIS ?j day of ; Ate!. , 2009, before me, the undersigned notary public, personally appeared �jsjVAr , personally known to me,.er , and is the person who subscribed to the foregoing instrument and who acknowledged that he executed the same on behalf of said Corporation and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ePA Al, A L NOTARY PT UV IC 1-M■AcCJIC V3d6ric, Print or Type Name My Commission Expires: "v1 / 1 ( 3 rslu r LINDA M. YrELSCH '' NotMp PubNe - Anton, `' r y M County *Comm ExPint Jun 1, 2013 • Page 4 of 6 S \CA\AGMTS\Piggyback (ATS - Red Light Camera) doc EXHIBIT "A" • DESIGNATED INTERSECTIONS Boynton Beach Blvd and Congress Avenue. All approaches Congress Avenue and Gateway Blvd. All approaches Congress Ave and Woolbright Rd All approaches Federal Highway and SE 23 Ave All approaches Boynton Beach Blvd and Seacrest Blvd All approaches Along with such additional Intersections, as Vendor and the City shall mutually agree on from time to time. Page 5 of 6 S \CA\AGMTS \Piggyback (ATS - Red Light Camera) dot EXHIBIT G DMV SUBSCRIBER AGREEMENT Page 6 of 6 S \CA\AGMI S\Piggyback (ATS - Red Light Camera) doc DMV Subscriber Agreement MI5 Anterkan Traffic Sohttions DMV Services Subscriber Agreement ATS requires the: your agency certify the intender use of :he information made available to your agency through our services and that such uses are in compliance will the Federal Onver's a nvacy Protec:son Act Title XXXI and other applicable laws governing dissemination of public records. Based on your agency's intended use of such information. ATS will either grant permission :o use the service or deny the application Please specify any of the followng permissible uses under §2721 that apply ❑ (1) For use by any government agency. including any court of law enforcement agency in carrying out .s func:ions. or any private person or entity acting on behalf of a Federal, State or local agency in carrying out its func:ions ❑ (41 For use in connection aylth any civil, cnminal. adninis :ra :eve, or ar>itra: proceeding it any Federal. State. or local court or agency or before any seif- regulatory body. including the service of process, investigation in anaapation of litigation, and he execution or enforcement of judgments and orders, or pursuant to an order of a Federal, Srate..or local court ❑ (7) For use in providing no :ice to :he owners of towed or impounded vehicles ❑ (10) For use in connection with the operation of private toll transportation facilities In consideration of ATS malting its Services available Subscriber agrees :o (i) utii¢e ATS provided data only for the purpose(s) specified above: and of; request such information only for :he Subscribers exclusive use in :ne ordinary course of Subscriber's business and no for resale 1 cerity that ! am authorized to execute the Subscnber Use Certification on behalf of the Subscnber listed below On behalf of such Subscriber, I certify that the above statements are :rue ant correc: Subscriber acknowledges and agrees that ATS may from time to time audi: Subscriber's use of ATS's Services :o ensure that such use is consistent with the intended uses set fors above and with all applicable laws This agreement shall be for Year(s) commencing on the date below and shall automatically renew annually This agreement may be terminated within 3C days novice of the anniversary date. annually SUBSCRIBER INFORMATION Sjoscr4ber Agency/Name LETS Agency ORI `dame of Authorized Representative - — ide of Ai;thar zed Representative 1418 I ng Adcress - Cary State ZIP Cone — eleohone - Far • - Emai S gnature of Authorized Representarre Date Signed Confidential Information Page 1 Photo Enforcement Services Agreement • CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, Ci i ag - r DATE: December 4, 2007 SUBJECT: Recommendation to Award Firm to Provide Traffic Safety Camera Program RFQ #08- 11 -13 -2 January 8, 2008 City Commission Meeting Agenda Item -CC RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution that selects the firm to provide the Traffic Safety Camera Program in accordance with RFQ #08-11 - 13 -2. The Resolution selects the firm American Traffic Solutions (ATS) as the recommended firm and authorizes the City Manager to negotiate a contract for services. BACKGROUND In accordance with the Dangerous Intersection Safety Ordinance (Red Light Camera Enforcement Program) adopted previously by the City Commission, the City issued a Request for Qualifications (RFQ) to obtain a firm to provide a turn key system traffic safety camera program. A Review Team consisting of Police Chief, Information Technology Director, Planning Director, Traffic Division Supervisor, Finance Support Services Director and the City Manager was formed to evaluate the proposals and interview firms to prepare a recommendation to the City Commission. The following is a brief summary of the action taken by the Team to arrive at our final recommendations: 1. An RFQ advertisement was placed in the newspaper, on the Internet and distributed to the vendor list. Memo to City Commission Page 2 2. On November 13, 2007, proposals were publicly opened from the following firms: Traffipax, Inc. American Traffic Solutions, Inc. Nestor Traffic Systems, Inc. 3. The firms were interviewed by the Review Team on December 4, 2007. 4. Based on the extensive RFQ submission requirements and interviews, the Team reached a consensus to recommend one firm to the City Commission, with one alternate that would be called upon should we fail to reach favorable terms with the top ranked firm. A contract to establish the scope of work and fees will be negotiated with the recommended firm. Although all firms were well qualified, the Review Team selected the firm of ATS as the recommended firm. The selection was based on a proven red light camera system that included options that other firms did not offer as well as the ease of operation of the violation review process and experience in installing the cameras on State roads. Now that the Review Team has completed its work, the following actions are necessary to complete the process. 1. Adopt the attached Resolution, which serves three (3) specific purposes. First, it ranks the firms. Second, it authorizes the City Manager to negotiate the contract for services. Third, it establishes another firm as an alternate, should we be unable to reach favorable terms with the selected firm. 2. After the contract is negotiated, it will be presented to the City Commission at a future meeting. Copies of all proposals are available for your inspection in the City Manager's Office. Should you have any questions, please feel free to contact me. EMS /act Attachment CC01603 -07 RESOLUTION NO. 2008 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA SELECTING THE FIRM OF AMERICAN TRAFFIC SOLUTIONS, INC. TO PROVIDE TRAFFIC SAFETY CAMERA PROGRAM RELATIVE TO RFQ NO. 08- 11 -13 -2; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH AN ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with applicable state law, has requested proposals from firms to provide a traffic safety camera program; and WHEREAS, said proposals were evaluated by a Review Committee consisting of the City Manager, Police Chief, Planning Director, Finance Support Services Director, Information Technology Director and Traffic Division Supervisor; and WHEREAS, said Review Committee recommends the firm of American Traffic Solutions, Inc., based on said firm's experience and qualifications; and WHEREAS, said Selection Committee recommends the selection of the firm of Traffipax, Inc. should the City be unable to reach favorable terms with the firm of American Traffic Solutions, Inc.; and WHEREAS, the City Commission desires to authorize the City Manager to negotiate a scope of services and fees with the recommended firm and with the alternate firm, should negotiations with the recommended firm be unsuccessful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. 2008- Page 2 Section 1. The firm of American Traffic Solutions, Inc. is hereby selected to provide Traffic Safety Camera Program relative to RFQ No. 08- 11 -13 -2. Section 2 The firm has been selected on the basis of its experience and qualifications and has not finalized a fee structure with the City. Therefore the City Manager shall immediately negotiate the scope of services and basis of fees with said firm. Section 3. The basis of fees above described shall be negotiated by the City Manager and approved by the City Commission prior to said firm beginning any labor or work for which the City may later be billed. Section 4. In the event the City is unable to come t� favorable terms and fees • with the firm of American Traffic Solutions, Inc., the City Manager is hereby authorized to negotiate scope of services and fees with the alternate firm of Traffipax, Inc. Section 5. This Resolution shall become effective immediately me eff ve mmediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2008- Page 3 PASSED AND ADOPTED this 8 day of January, 2008. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AMENDMENT NO. 1 TO THE EXCLUSIVE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT ENFORCMENT PROGRAM This Amendment No. 1 (the "Amendment ") to the Exclusive Agreement Between The City of Boynton Beach and American Traffic Solutions For Photo Red Light Enforcement Program dated as of August 3, 2009 (the "Agreement ") is made and effective as of this day of , 2010 by and between the City of Boynton Beach, Florida, a municipal corporation (the "City ") and American Traffic Solutions, Inc., a Kansas corporation ( "Vendor"). Recitals WHEREAS, on or about December 16, 2008, the City adopted Ordinance No. 08 -34, codified at Chapter 14.5 of the City's Code of Ordinances, which provides for the enforcement of red light violations using traffic infraction detectors (the "Ordinance "); and WHEREAS, on or about August 3, 2009, 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 enforcement of the Ordinance, subject to the terms and conditions stated in the Agreement; and WHEREAS, the Agreement provides that "the City Commission finds it in the best interest of the City to utilize the competitive bidding process employed by the City of Aventura, and award an Agreement to Vendor along the same terms and conditions as set forth within the February 8, 2008, Agreement between the City of Aventura and Vendor, except as amended herein" (the February 8, 2008 Aventura Agreement is referred to herein as the " Aventura Agreement "); and WHEREAS, on or about May 13, 2010, the Governor of the State of Florida signed' CS /CS /HB325 into law, resulting in the Law of Florida 2010 -80 taking effect on Juty 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 No. 08 -34 and Chapter 14.5 of the City's Code of Ordinances to provide for the enforcement of red light violations using traffic infraction detectors in accordance 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, Contractor 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. 2. Definitions. Section 1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.0 Definitions. The following words and phrases shall have the following meaning in this Agreement: 3. Definition of "Authorized Employee." Section 1.1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.1 "Authorized Employee" means a Traffic Infraction Enforcement Officer, whose duties and qualifications are set forth in Law of Florida 2010 -80, as may be amended or recodified from time to time. 4. Definition of "City Ordinance." Section 1.3 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.3 "City Ordinance" means Chapter 14.5 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 Aventura Agreement, as ' incorporated into the Agreement, is deleted and replaced with the following: 1.4 "Civil Fe& means the penalty assessed for violations of Florida Statutes §§ 316.074(1) or 316.075(1)(c)1 pursuant to Florida Statutes § 316.0083, as may be amended or recodified from time to time. 6. Definition of "Enforcement Documentation." Section 1.8 of the Aventura Agreement, as incorporated into 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 for the enforcement of Infractions including Notices of Violation, instructions for Notices of Violation, form affidavits, instructions for form affidavits, reminder letters, a Page 2 of 24 Boynton Beach, FLATS Contract Amendment Final_2010.08.19 City of Boynton Beach, FL numbering sequence for Notices of Violation, chain of custody records, and technical support documentation. 7. Definition of "Infraction." Section 1.11 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: .1.11 "Infraction" means any violation of Florida Statutes §§ 316.074(1) or 316.075(1)(c)1 that may be enforced pursuant to Florida Statutes § 316.0083, as may be amended or recodified from time to time. 8. Definition of "Notice of Infraction." Section 1.15 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 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. All references to the term "Notice of Infraction" in the Aventura Agreement, as incorporated into the Agreement, and the Agreement are deleted and replaced with the term "Notice of Violation." 9. Definition of "Ordinance." Section 1.17 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.17 "Ordinance" shall mean Chapter 14.5 of the City of Boynton 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 Aventura Agreement, as incorporated into 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 Aventura Agreement, as incorporated into the Agreement, is retitled "Photo Red Light Enforcement Program." Page 3 of 24 Boynton Beach, FLATS Contract Amendment_Final 2010.08.19 City of Boynton Beach, FL 12. Definition of "Warning Period." Section 1.28 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.28 "Warning Period" means the period of 30 days prior to the Installation Date of the first intersection approach. 13. Prosecution, Section 3.4 of the Aventura Agreement, as incorporated into 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, subject to the City's routine law enforcement discretion. 14. 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 ATS 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 term "funds" means the revenue nue retained by the Customer according to the distribution methods applicable under this contract and applicable state law. • This clause will be applied as follows: ATS will maintain an accounting of any net balances owed to ATS. 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 ATS 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 ATS invoices. 15. Termination for Cause. Section 6.1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: Page 4 of 24 Boynton Beach, FL_ATS Contract Amendment Final 2010.08.19 City of Boynton Beach, FL • 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, or regulations adopted by agencies with jurisdiction, to prohibit the operation of photo red light enforcement systems, to make it impracticable to operate the red Tight enforcement program, or to impose restrictions on revenues and uses that are materially contrary to the terms of this Agreement or the provisions of the current State Law: (ii) any court having jurisdiction over the City rules or declares, that the city's red light enforcement program, or the program set forth in the State Law, is invalid, or results from Vendor System of photo red light enforcement are inadmissible in evidence due to a defect in the manner in which such results were obtained or processed (in which case, Vendor shall have the opportunity to cure such defect, as provided below), or otherwise renders a decision that makes it impracticable to operate the red light enforcement program; (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, copyright, 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. Either party shall have the right to remedy the cause for termination within forty -five (45) calendar days (or within such other time period as the 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 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 bre concerned (if any) or any other breach of this Agreement. 16. Warning Period. Section 6.2 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 6.2 Warning Period. Vendor shall provide assistance to the City for a periodic announcement and awareness campaign required thirty (30) days in advance of the commencement of the City's program. 17. Procedures for Processing Payments. Sections 7.2, 7.3, and 7.4 of the Aventura Agreement, as incorporated into the Agreement, are deleted and replaced with the following: Page 5 of 24 Boynton Beach, FL_ATS Contract Amendment Final 2010,08.19 City of Boynton Beach, FL 7.2 Vendor shall be responsible for processing payments of Civil Fees paid pursuant to Notices of Violation and, to the extent practicable and permitted by the court, 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 Iockbox 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 Iockbox 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. 18. 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 Photo Red Light Enforcement Program as it existed and was operated prior to July 1, 2010. In the event of any legal challenge to the City's enforcement of the State Law, Vendor shall P rovide reasonable administrative assistance to the City in responding to that challenge, including, but not limited to, providing reasonable assistance to the City in responding to discovery sought from the City, providing reasonable assistance to the City in explaining and presenting the technicial aspects and operations of the Vendor City identifying Photo Red Light System, and providing reasonable assistance to the C ty i in and locating violations. 19. Exhibits. Exhibits A, .B, C, D, and F to the Agreement are deleted and replaced with Exhibits A, 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 Photo Red Light Enforcement Program prior to the execution of this Page 6 of 24 Boynton Beach, FL_ATS Contract Amendment Final_2090.08.19 City of Boynton Beach, FL Amendment No. 1, 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 S chedu l e t hat 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 Reopener 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. 20. Most Favored Governmental Entities. The Vendor agrees that if, after the Effective Date of this Amendment No. 1, 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 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. 21. Effect of Amendment on Agreement. Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement and Aventura Agreement, as incorporated into 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, the Agreement, and the Aventura Agreement, as incorporated into the Agreement, the terms of this Amendment shall prevail and control. 22. 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 Page 7 of 24 Boynton Beath, FLATS Contract Amendment_Final 2010.08.19 City of Boynton Beach, FL Amendment, the terms of the Agreement and the Aventura Agreement, as incorporated into the Agreement, shall continue in full force and effect. 23. 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. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: �a f �_ geoLA:49-4.1 By 9 / I° By: Clerk (�* Date - nager Date APPROV AS fO ORM '. ! ..,..; % , I ii, By: `- !c) q, V. C1 Attorne Date $. aP %�;; :: ? AMERICAN TRAFFIC SOLUTIONS, INC. WITNESS: , ' k 0."), 4,1. /1&___ /' 'Y/lG /[/By: I� Date Adam E. Tuton Date 9--/e- /0 Chief, Operating Officer Date Page 8 of 24 Boynton Beach, FL_ATS Contract Amendment_Fina1_2910.08.19 City of Boynton Beach, FL State of Arizona : : ss: County of Maricopa : - On this ilitday of 5Lp 010, before me, the undersigned notary public, personally appeared Aa", E T v+ n , personally known to me or who has produced 1)nv L L.E.4iise. 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, Inc. and that he was duly authorized to do so. IN WITNESS WHEREOF I he a nto set my hand and official s -al. • 4 4 CATHERINE E WILKINS 0` Seal: Notary Public - Arizona igA.‘,ALL&& C J � r Maricopa County • , My Comm. Expires Feb 7, 2014 ; N TARY PUBLIC My commission expires: erl t'Lt E [ ((_4( 1 P _ 2_01 Print Name • Page 9 of 24 Boynton Beach, FLATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL EXHIBIT A Designated Intersections City will designate first phase implementation of cameras at designated intersections. Vendor shall make its best efforts to install a camera system within thirty (30) days of permits being granted and power delivered for each agreed upon approach, during the term of this Agreement, providing that . City has received permission for all implementations in writing from any third -party sources. Designated intersections to be analyzed: Boynton Beach Blvd and Congress Avenue All Approaches Congress Avenue and Gateway Blvd. All Approaches Congress Avenue and Woolbright Rd. All Approaches Federal Highway and SE 23 Ave All Approaches Boynton Beach Blvd and Seacrest Blvd All Approaches The intersection approaches to be installed pending a constructability analysis and a notice to proceed from the City include,, but are not limited to, the following: 1) EB W Boynton Beach Blvd / NW 2nd Ave @ N Congress Avenue . 2) EB E Gateway Blvd @ N Congress Ave 3) NB S Federal Hwy @ SE 23rd Ave 4) EB W Woolbright Rd @ S Congress Ave 5) NB N Congress Ave @ E Gateway Blvd 6) NB N Congress Ave @ W Boynton Beach Blvd / NW 2nd Ave 7) SB N Congress Ave @ W Boynton Beach Blvd / NW 2nd Ave 8) SB S Congress Ave @ W Woolbright Rd 9) SB S Federal Hwy @ SE 23rd Ave . 10)WB W Boynton Beach Blvd / NW 2nd Ave @ N Congress Ave 11)WB W Woolbright Rd @ S Congress Ave 12)NB S Congress Ave @ W Woolbright Rd 13)SB N Congress Avenue @ E Gateway Blvd Implementation and installation of any approach is subject to video analysis and engineering results. Additional approaches may be selected in addition to first phase implementation and may be selected based on collision history, community safety and engineering feasibility assessments. Vendor can provide City with video evaluation of candidate approach sites using the AXSIS VIMS system to assist City in its recommendations. Camera installations will be based on mutual agreement by City and Vendor. This program may be implemented at additional intersections. The intersections will be designated by the Police Department, which designation will be based upon Police Department Staff review and an engineering analysis. Page 10 of 24 Boynton Beach, FLATS Contract Amendment_Final 2010.08.19 City of Boynton Beach, FL City Administration and Police Department, and Vendor, will periodically review installed equipment at selected approaches. The City may request the relocation of a camera, at Vendor's cost, based upon this review; provided, however, that if the City requests the relocation of a camera fewer than twelve (12) months after the installation of that camera, the City shall bear the cost of such relocation, and if the parties cannot agree on a suitable alternative location the installed equipment may be removed. • Page 11 of 24 Boynton Beach, FLATS Contract Amendment Final 2010.08.18 City of Boynton Beach, FL • EXHIBIT B Construction and installation Obligations • Timeframe for Installation: Photo Red Light Enforcment Program 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 City pursuant to Exhibit A. 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. 1. 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 Aver the construction and installation specifications for the Designated i lntersection(s) (collectively, the "Approvals "), which will ' include compliance with City permit applications. In the event there is a cost associated with \acquiring these approvals other than permit or \ recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case -by -case basis. 1.5 Vendor will provide reasonable administrative assistance to the City in the development of a letter in support of a Traffic Infraction Detector at intersection(s) requested. In addition, and if required, Vendor will provide reasonable assistance to the City with a traffic engineering study supporting the installation of a Traffic Infraction Detector at the location(s) requested by the City. 1.6 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 • Page 12 of 24 Boynton Beach. FLATS Contract Amendment Final_2010 08.19 City of Boynton Beach. FL rights of right of way, and which such Governmental Entity denies authority to Vendor for the installation of its equipment. In the event there is a cost associated with acquiring these rights other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case -by -case basis. 1.7 Finalize the acquisition of the Approvals; 1.8 Submit to the City a public awareness strategy for the City's consideration and approval, which strategy shall include media and educational materials for the City's approval or amendment according to the ATS proposal (the "Awareness Strategy "); 1,9 Develop the Red Light Infraction Criteria in consultation with the City; consistent with the State Law; 1.10 Develop the Enforcement Documentation for approval by the City, consistent with the requirements of the State Law; provided, however, that the City shall provided Vendor with a form of Traffic Citation, with the understanding that some modifications may be necessary to enable use with Vendor's systems or to comply with the State Law; 1.11 The City and Vendor acknowledge that, under the State Law, traffic citations will be adjudicated in court and that Vendor may be required to incur costs to develop an interface with the court system. The Vendor shall be responsible for its own development costs for any such interface. The City and Vendor shall address and development costs charged by the court or a third party Vendor on a case by case basis; 1.12 Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersections (under the supervision of the City); 1.13 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; 1.14 Install and test the functionality of the Designated Intersections with the Vendor System and establish fully operational Violation processing capability with the Vendor System; 1.15 Implement the use of the Vendor System at each of the Designated Intersections; 1.16 Deliver the Materials to the City; Page 13 of 24 Boynton Beach, FLATS Contract Amendment Final 2010.08.19 City of Boynton Beach, FL 1.17 Within five (5) business days of the alleged observed violation, place the alleged violation within the Violation Queue for review by the City's Traffic Infraction Enforcement Officer for a determination of whether a Notice of Violation should be issued; 1.18 Upon approval by the City's Traffic Enforcement Officer, issue Notices of Violation within five (5) business days; 1.19 If the Civil Penalty is unpaid or the recipient of the Notice of Violation does not file an affidavit of non - responsibility that does not meet the requirements of the State Law within the time set forth in the State Law, then within five (5) business days after the expiration of time, place the unpaid Notice of Violation into the Traffic Citation Queue, for review by the City's Traffic Enforcement Officer to authorize the issuance of a Traffic Citation pursuant to the State Law; 1.20 Obtain access to the records data of the Department of Motor Vehicles in Vendor's capacity as needed for the program; 1.21 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 Photo Red Light Enforcement Program, regarding the operation of the Vendor System and the Photo Red Light Enforcement Program. This shall include training with respect to the Vendor System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.22 Interact with court and judicial personnel regarding the implementation of the Vendor System for hearing on Traffic Citations, the development of a subpoena processing timeline that will permit the offering of Violations Data in hearings and judicial proceedings, and coordinatioh between Vendor, the City and the applicable court; 1.23 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 State Law Photo Red Light Enforcement Program; 1.24 Notice of Violation processing, including receipt of payments, and Traffic Citations. 1.25 Notice to Motorists. Not less than fifteen (15) days prior to the issuance of notices of violations from a newly installed camera at an approved intersection, Vendor will provide temporary sign notification at no cost to the City, approved by the City's Police Department and Engineer, for the purpose of providing notice to motorists of the activation date. Signs will provide notice of the presence of cameras Page 14 of 24 Boynton Beach, FL_ATS Contract Amendment_Final 2010.08.18 City of Boynton Beach, FL and the activation date. Additionally, Vendor shall coordinate public relations efforts with the City, including assisting the City with press releases and other public information items, the costs of which shall be Vendor's responsibility, as may be decided to be necessary by the parties for each camera. 2. 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 PHOTO RED LIGHT ENFORCEMENT PROGRAM; 2.4 Assist and cooperate 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 Photo Red Light Enforcement Program; 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 ord to implement the Awareness .Strategy; 2.8 Assist Vendor in developing the Red Light Violation Criteria consistent with the State Law; 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. § 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law; Page 15 of 24 Boynton Beach, FLATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL 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. Vendor acknowledges that access to power and signal cabinets may require approval from Florida Power and Light, Florida Department of Transportation or Palm Beach County Traffic Engineering Division, as necessary. 2.12 The Traffic Infraction Enforcement Officer shall process each potential violation in accordance with State Laws and /or City Ordinances and notify Vendor within five (5) business days of its appearance in the Notice of Violation Review Queue, using Axsis to determine which violations 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. 2.13 Within five (5) business days of its appearance in the Traffic Citation Review Queue, using AXSISTM, for unpaid Notices of Violation, the Traffic Infraction Enforcement Officer shall process the violation and advise Vendor whether to issue a Traffic Citation, 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 provide Police Department 1 / 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 Police Department shall provide signatures of all authorized police users who will review events and approve citations on forms provided by ATS. 2.18 In the event that remote access to the ATS Axsis VPS System is blocked by City's network security infrastructure, the City's IT Page 16 of 24 Boynton Beach, FLATS Contract Amendment_Final 2010.08.19 City of Boynton Beach, FL Department and the counterparts at ATS shall coordinate to facilitate appropriate communications access while maintaining required security measures. 2.19 City shall provide a computer terminal at a public location where persons receiving Notices of. Violation may review the recorded images of the violation. • • • • Page 17 of 24 Boynton Beach, FLATS Contract Amendment_Final_2010.08.19 City of Boynton Beach. FL EXHIBIT C Maintenance 1. All repair and maintenance of Photo Red Light Enforcement 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 Palm Beach 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, Seption 316.0745(6), by July 1, 2011. 8. In the event that a camera is inoperable for any reason for three (3) or more business days, the City shall be entitled to a efund of 1/30 of the monthly program fee per day for each day the camera system is inoperable. Page 18 of 24 Boynton Beach. FL_ATS Contract Amendment Final 2010 08.19 City of Boynton Beach, FL EXHIBIT D Infraction Processing 1. All Infractions Data shall be stored on the Vendor System. 2. The Vendor System shall process Violations Data gathered from the Designated Intersections into a format capable of review by the Authorized Employee via the Vendor System. 3. The Vendor shall make the initial determination that the image meets the requirements of the Ordinance and this Agreement, and is otherwise sufficient to enable the City to meet its burden of demonstrating a violation of the Ordinance. If the Vendor determines that the standards are not met, the image shall not be processed any further. 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 Violations identified for prosecution for a period of time of not less than four (4) years after final disposition of a case. 6. Vendor shall provide Authorized Employees with access to the Vendor System for the purposes of reviewing the pre - processed Violations Data within five (5) days of the gathering of the Violations Data from the applicable Designated Intersections, and as to the issuance of Traffic Citations, within five (5) days of the expiration of the time frame under the State Law when a recipient of a Notice of Violation fails to pay the penalty or submit an affidavit of non - responsibility that satisfied the requirements of the State Law. 7. The City shall cause the Authorized Employee to review the Violations Data • and to determine whether a Ndtice of Violation shall be issued with respect to each potential violation captured within such Violation 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 within five (5) days of the Violation Data being placed by Vendor in the Notice of Violation Review Queue. As to the issuance of Traffic Citations, the City shall cause the Authorized Employee to review the Violations Data and to determine whether a Traffic Citation shall be issued with respect to previously issued Notice of Violation, 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 within five (5) days of the Violation Data being placed by Vendor in the Traffic Citation Review Queue. VENDOR HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A NOTICES OF VIOLATION AND TRAFFIC CITATIOINS SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION CONSISTENT Page 19 oi24 Boynton Beath, FLATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL WITH THE STATE LAW (AN "ISSUANCE 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 Violation, Vendor shall print and mail a Notice of Violation within five (5) days after Vendor's receipt of such authorization from the City's Authorized Employee. As to issuance of Traffic Citations, Vendor shall print and mail a Traffic Citation within five (5) days after Vendor's receipt of such authorization from the City's Authorized Employee; 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. 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 Photo 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 prepare and 'provide to City a Notice of Violation form that complies with all requirements of the State Law. Vendor shall also provide to City a form of affidavit for use by owners cif 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 or written request by an owner who has received a Notice of Violation or Traffic Citation. Vendor agrees that the city shall have the right to review and approve the form Notice of Violation and affidavit prior to their use, and that in the event City determines additional information should be included in the forms prior to their use or after implementation, Vendor shall modify the forms at its sole expense, to comply with those requirements, subject only to space limitations on the notice paper. City shall provide a Traffic Citation form to Vendor with the understanding that • some modifications may be necessary to enable use with Vendor's systems and to comply with State Law. Page 20 of 24 Boynton Beach, FLATS Contract Amendment_Final 2010.08.19 City of Boynton Beach, FL 15. ATS will establish a demand deposit account bearing the title, "American Traffic Solutions, Inc. as agent for Customer" at U.S. Bank. All funds collected by Vendor on behalf of the Customer will be deposited in this account and transferred by wire the second 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. • Page 21 of 24 Boynton Beach, FLATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL Exhibit "E" Addition Righ and Obligations Vendor and the City shall respectively have the additional rights and obligations set forth below: 1. Vendor shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Red Light Photo Enforcement Program,- as offered in the ATS proposal. 2. Vendor shall be solely responsible for installing such Signage. The Vendor shall be solely responsible for the fabrication of any signage, notices, or other postings required pursuant to any law, rule, or regulation of any Governmental Authority ( "Signage "), including, but not limited to, the State Law, the City and County Ordinances, State Statutes, and Florida Department of Transportation (FDOT) Regulations and shall assist in determining the placement of such Signage. Vendor shall be responsible for obtaining all necessary approvals from Governmental Authorities. 3. The Vendor Project Manager and the Project Manager shall confer on a weekly basis for the initial three (3) months of the Term of this Agreement, and on a monthly basis for the remainder of the Term, at such times and places as the Vendor Project Manager and the City Project Manager shall mutually agree. 4. The City shall not access the Vendor System or use the in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Vendor System or the Vendor Photo Enforcement Program with respect to any . Intersection constructed .or maintained by Vendor for such Person, or which could damage, disable, impair or overburden the Vendor System or the Vendor Photo Enforcement Program, and the City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or, networks connected to the, Vendor System, or (iii) any materials or information npt intentionally made available by Vendor to the City by means of hacking, password mining -or any other method whatsoever, nor shall the City cause any other Person to do\any of the foregoing. 5. The City shall maintain the confidentiality of any username, password or other process or device for accessing the Vendor System or using the Red Light Photo Enforcement Program. 6, Each of Vendor and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Vendor and the City shall reasonably follow any and all such rules and regulations. Page 22 of 24 Boynton Beach, FL ATS Contract Amendment_Final 2D10.08.19 City of Boynton Beach, FL 7. The City shall promptly reimburse Vendor for the cost of repairing or replacing any portion of the Vendor System, or any property or equipment related thereto, damaged solely and directly by the City, or any of its employees, contractors or agents. In all other instances, such costs shall be solely the Vendor's costs. 8. Vendor acknowledges that it is aware of the retention responsibilities for the records created by the services it provides to the City pursuant to this Agreement, and will maintain the public records of the program consistent with the requirements of Florida's public records law. • • • Page 23 of 24 Boynton Beach, FL_ATS Contract Amendment Final 2010.08.19 City of Boynton Beach, FL • EXHIBIT "F" SERVICE FEE SCHEDULE 1.0 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) a 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, Iockbox 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 • Page 24 of 24 Boynton Beach, FLATS Contract Amendment_Finat 2010 08.19 City of Boynton Beach, FL The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD ( ;. BOYNTON BEACH FL 33435 : (561) 742 -6060 :' FAX: (561) 742-6090 F ' e -mail: prainitoj @bbfl.us www.boynton- beach.org September 8, 2010 Ms. Linda Welsch Executive /Legal Assistant American Traffic solutions 7681 E. Gray Road Scottsdale, Arizona 85260 Re: Resolution R10-118 Amendment +lo. 1 to the Exclusive Aoreement Between the City of Boynton Beach and American Traffic Solutions Dear Ms. Welsch: Attached for your handling is the Amendment mentioned above, as well as a copy of the resolution that was passed by City Commission on September 7, 2010. Once the agreement has been signed please return the original to us for final execution. If I can be of any additional service, please do not hesitate to contact me. Very truly yours, , CITY OF BOYNTON BEACH Cnet 4-11-t M. Prainito, MMC City Clerk . Attachments (Agreement & Resolution) Cc: Central Files S : \CC\WP\AFfER COMMISSION \Other Transmittal Letters After Commission \2010 \R10 -118 Amendment to American Traffic Solutions Red Ught Camera Enforcement.doc I The City of oynton leach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 - _ (561) 742-6060 FAX: (561) 742 -6090 ., a -mail: prainitoj @bbfl.us www.boynton-beach.org September 27, 2010 Ms. Catherine E. Wilkins Executive Assistant American Traffic Solutions 7681 E. Gray Road Scottsdale, Arizona 85260 Re: Resolution R10 -118 Amendment No. 1 to the Exclusive Agreement Between the City of Boynton Beach and American Traffic Solutions Dear Ms. Wilkins: Attached for your information and file is the original amendment mentioned above. Since the document has been fully executed, I have retained an original for Central File. If I can be of any additional service, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH Xile- dith A. Pyle City Clerk Attachment (Agreement) Cc: Central Files S : \CC\WP \AFTER COMMISSION \Other Transmittal Letters After Commisslon \2010 \R10 -118 Amendment to American Traffic Solutions Red Light Camera Enforcement Executed.doc AGREEMENT BETWEEN THE CITY OF AVENTURA AND .AMERICAN TRAFFIC SOLUTIONS FOR TRAFFIC SAFETY CAMERA PROGRAM This Agreement (this "Agreement ") is made as of this a ` day of February, 2008 by and between American Traffic Solutions, LLC., a Delaware Corporation, licensed to do business in Florida, with offices at 14861 N. Scottsdale Rd, Suite 109, Scottsdale, Arizona 85254 ( "Vendor"), and The City of Aventura, a Florida municipal corporation, with an address at 19200 West Country Club Drive, Aventura, Florida (the "City "). RECITALS WHEREAS, Vendor has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and Notice of Infraction processes related to the digital photo red light enforcement systems provided by Vendor pursuant to this Agreement; and WHEREAS, the City Commission of the City adopted Ordinance 2007 -15, which authorizes the City's Traffic Safety Camera Program (TSCP) and provides for the implementation and operation of such; and, WHEREAS, the City issued RFQ # 08- 11 -13 -2, to which Vendor responded, and City selected Vendor to provide services to implement and carry on the City's TSCP, and City desires to engage the services of Vendor to provide certain equipment, processes and back office services so that Authorized Employees of the City are able to monitor, identify and enforce red light running Infractions; NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1.0 Definitions. All definitions set forth in Ordinance 2007 -15 are incorporated herein. In addition, the following words and phrases shall have the following meanings in this Agreement: 1.1. "Authorized Employee" means the Traffic Control Infraction Review Officer, whose duties and qualifications are set forth in the City Ordinance. 1.2. "Authorized Infraction" means each Potential Infraction in the Infraction Data for which authorization to issue a Notice of Infraction in the form of an Electronic Signature is given by the Authorized Employee by using the Vendor System. 1.3. "City Ordinance" means Ordinance 2007 -15, as may be amended from time to time. Pa ge 1 of 31 1.4. "Civil Fee" means the fee assessed for violations of the City Ordinance, as set forth in the Ordinance. 1.5. "Confidential or Private Information" means, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Person's business or methods of operation or concerning any of such Person's suppliers, licensors, licensees, City's or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to: 1.5.1. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or City's, or at which such Person sells or has sold its services; and 1.5.2. Matters of a technical nature, including but not limited to product information, trade secrets, know -how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, pattems, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term "trade secrets" shall mean the broadest and most inclusive interpretation of trade secrets. 1.5.3. Notwithstanding the foregoing, Confidential Information will not include information that: (i) is a public record, and not otherwise exempt, pursuant to Florida law; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iv) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (v) was required by a court of competent jurisdiction to be described, or (vi) was required by applicable state law to be described. 1.6. "Designated Intersection " means the Intersections, as that term is defined in the City Ordinance, set forth on Exhibit "A" attached hereto, and such additional Intersections, as Vendor and the City shall mutually agree from time to time through the parties' Project Managers. 1.7. "Electronic Signature" means the method through which the Authorized Employee indicates his or her approval of the issuance of a Notice of Infraction in respect of a potential Infraction using the Vendor System. Page 2 of 31 1.8. "Enforcement Documentation" means the necessary and appropriate documentation related to the enforcement of Red Zone Infractions, as defined in the City Ordinance, including but not limited to warning letters, Notices of Infraction (using the specifications of the hearing officer ( also known as code enforcement Special Master) and the City, a numbering sequence for use on all notices (in accordance with applicable state statutes and the City's Ordinance), instructions to accompany each issued Notice of Infraction (including in such instructions a description of basic enforcement procedures, payment options and information regarding the viewing of images and data collected by the Vendor System), chain of custody records, criteria regarding operational policies for processing Notices of Infraction (including with respect to coordinating with the applicable vehicle registry), and technical support documentation for applicable hearing officers . 1.9. "Equipment" means any. and all cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the Vendor Photo Red Light System(s), including but not limited to all camera systems, housings, sensor arrays, severs and poles. 1.10. "Governmental Authority" means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any of the foregoing. 1.11. "Infraction" means any Infraction of the City's Ordinance. 1.12. "Infractions Data" a means the images and other Infractions data gathered b g g by the Vendor System at the Designated Intersection • 1.13. "Installation Date of the TSCP" means the date on which Vendor completes the construction and installation of at least one (1) Intersection in accordance with the terms of this Agreement so that such Intersection is operational for the purposes of functioning with the TSCP. 1.14. "Intellectual Property" means, with respect to any Person, any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask - works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing), of such Person, consistent with the definition of such terms in Florida Statutes. 1.15. "Notice a Infraction" shall mean the Notice of an Infraction, which is mailed or otherwise delivered by Vendor to the alleged violator on the appropriate Enforcement Page 3 of 31 • Documentation in respect of each Authorized Infraction pursuant to the requirements of the City Ordinance. 1.16. "Operational Period" means the period of time during the Term, commencing on the Installation Date, during which the TSCP is functional in order to permit the identification and the issuance of Notices of Infraction for approved Infractions using the Vendor System. 1.17. "Ordinance" shall mean City of Aventura Ordinance 2007 -15, as may be amended from time to time. 1.18. "Person" means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association. 1.19. "Project Manager" means the project manager appointed by the City in accordance with this Agreement, which shall be the City Manager, or his designee and shall be responsible, on behalf of City, for overseeing the installation at the Designated Intersections and the implementation of the TSCP, and which manager shall have the power and authority to make management decisions relating to the City's obligations pursuant to this Agreement, including but not limited to change order authorizations, subject to any limitations set forth in the City's Charter or Ordinance or by the City Commission. 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 a Red Zone Infraction has occurred. 1.21. "Proprietary Property" means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person's business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices. 1.22. "Vendor Marks" means all trademarks registered in the name of Vendor or any of its affiliates, such other trademarks as are used by Vendor or any of its affiliates on or in relation to TSCP at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Vendor, and all modifications or adaptations of any of the foregoing. 1.23. "Vendor Project Manager" means the project manager appointed by Vendor in accordance with this Agreement, which project manager shall initially be named by the Page 4 of 31 Vendor within 14 days of the execution of this Agreement or such person as Vendor shall designate by providing written notice thereof to the City from time to time, who shall be responsible for overseeing the construction and installation of the Designated Intersections and the implementation the TSCP, and who shall have the power and authority to make management decisions relating to Vendor's obligations pursuant to this Agreement, including but not limited to change -order authorizations. 1.24. "Traffic Safety Camera Program" means, collectively, the TSCP provided by Vendor and all of the other equipment, applications, back office processes and digital red light traffic enforcement cameras, sensors, components, products, software and other tangible and intangible property relating thereto. 1.25. "Traffic Safety Camera Program" means the process by which the monitoring, identification and enforcement of Infractions of the Red Zone Infractions is facilitated by the use of certain equipment, applications and back office processes of Vendor, including but not limited to cameras, flashes, central processing units, signal controller interfaces and sensor arrays which, collectively, are capable of identifying Infractions and recording such Infraction data in the form of photographic images of motor vehicles. 1.26. "Photo Red Light Infraction Criteria" means the standards and criteria by which Potential Infractions will be evaluated by Authorized Employees of the City, which standards and criteria shall include, but are not limited to, the definition of a Red Zone Infraction set forth in the City Ordinance, relying upon the duration of time that a traffic light must remain red prior to a Infraction being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Infraction, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. 1.27. "Traffic Signal Controller Boxes" means the signal controller interface and detector, including but not limited to the radar or video loop, as the case may be. 1.28. "Warning Period" means the period of ninety (90) days after the Installation Date of the first intersection approach, as set by the Ordinance. 2.0 Term. The term of this Agreement shall commence as of the date hereof and shall continue for a period of five (5) years after the date of the first paid notice from the first installed System (the "Initial Term "). The City shall have the right, but not the obligation, to extend the term of this Agreement for up to two (2) additional, five (5) year periods following the expiration of the Initial Term (each, a "Renewal Term" and collectively with the Initial Term, the "Term "). The City may exercise the right to extend the term of this Agreement for a Renewal Term by providing written notice to Vendor not less than sixty (60) days prior to the last day of the Initial Term or the Renewal Term, as the case may be. 3M Services. Vendor shall provide the TSCP to the City, in each case in accordance with the terms and provisions of the Ordinance. Page 5 of 31 3.1. Installation. With respect to the construction and installation of the Designated Intersection and the installation of the Vendor System at such Designated Intersection: the City and Vendor shall have the respective rights and obligations set forth on Exhibit "B" attached hereto. 3.2. Maintenance. With respect to the maintenance of the Vendor System at the Designated Intersections, the City and Vendor shall have the respective rights and obligations set forth on Exhibit "C "attached hereto. 3.3. Infraction Processing. During the Operational Period, Infractions shall be processed as set forth on Exhibit" D ", attached hereto. 3.4. Prosecution. The City shall prosecute Ordinance violations in respect thereof pursuant to the terms, procedures and requirements of the City Ordinance, subject to City's routine law enforcement discretion. 3.5. Other Rights and Obligations. During the Term, in addition to all of the other rights and obligations set forth in this Agreement, Vendor and the City shall have the respective rights and obligations set forth on Exhibit "E" attached hereto. 3.6. Change Orders. The City may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Vendor, setting forth in reasonable detail the proposed changes (a "Change Order Notice "). Upon Vendor's receipt of a Change Order Notice, Vendor shall deliver a written statement describing the effect, if any, the proposed changes would have on the terms set forth in Exhibit " E " (the "Change Order Proposal "), which Change Order Proposal shall include (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the City. Following the City's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with Section 16.0. 4.0 License; Reservation of Rights. 4.1. License. Subject to the terrns and conditions of this Agreement, Vendor hereby grants the City, and the City hereby accepts from Vendor upon the terms and conditions herein specified, a non - exclusive, non - transferable license during the Term of this Agreement to: (a) solely within the City, access and use the Vendor System for the sole purpose of reviewing Potential Infractions and authorizing the issuance of Notices of Infraction pursuant to the terms of this Agreement, and to print copies of any content posted on the Vendor System in connection therewith, (b) disclose to the public Page 6 of 31 (including outside of the City) that Vendor is providing services to the City in connection with TSCP pursuant to the terms of this Agreement, and (c) use and display the Vendor Marks on or in marketing, public awareness or education, or other publications or materials relating to the TSCP, so long as any and all such publications or materials are approved in advance by Vendor. 4.2. Reservation of Rights. The City hereby acknowledges and agrees that: (a) Vendor is the sole and exclusive owner of the Vendor System, the Vendor Marks, all Intellectual Property arising from or relating to the Vendor System, and any and all related Equipment provided under this Agreement, (b) the City neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of City pursuant to this Agreement, the City shall gain no additional right, title or interest therein. 4.3. Restricted Use. The City hereby covenants and agrees that it shall not (a) make any modifications to the Vendor System, including but not limited to any Equipment, (b) alter, remove or tamper with any Vendor Marks, (c) use any of the Vendor Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Vendor therein, (d) use any trademarks or other marks other than the Vendor Marks in connection with the City's use of the Vendor System pursuant to the terms of this Agreement without first obtaining the prior consent of Vendor, or (e) disassemble, de- compile or otherwise perform any type of reverse engineering to the Vendor System, the Vendor System, including but not limited to any Equipment, or to any, Intellectual Property or Proprietary Property of Vendor, or cause any other Person to do any of the foregoing. 4.4. Protection of Rights. Vendor shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Vendor, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Vendor Marks, the filing of patent application for any of the Intellectual Property of Vendor, and making any other applications or filings with appropriate Governmental Authorities. The City shall not take any action to remedy or prevent such protective activities, and shall not in its own name make any registrations or filings with respect to any of the Vendor Marks or the Intellectual Property of Vendor without the prior written consent of Vendor. 4.5. Infringement. The City shall use its reasonable best efforts to give Vendor prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates the Vendor Marks or any of Vendor's Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Vendor Marks or any other Intellectual Property of Vendor. Vendor shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. 4.6. Infringing Use. The City shall give Vendor prompt written notice of any action or claim action or claim, whether threatened or pending, against the City alleging that the Vendor Marks, or any other Intellectual Property of Vendor, infringes or violates any Page 7 of 31 patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the City shall render to Vendor such reasonable cooperation and assistance as is reasonably requested by Vendor in the defense thereof; provided, that Vendor shall . reimburse the City for any reasonable costs, including without limitation attorneys fees and court costs, as well as City staff costs, incurred in providing such cooperation and assistance. If such a claim is made and Vendor determines in the exercise of its sole discretion, or a court or administrative proceeding of competent jurisdiction determines, that an infringement may exist, Vendor shall have the right, but not the obligation, to procure for the City the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non - infringing items, all at no cost to the City. In addition, in such event, the City has the right, but not the obligation, to terminate this Agreement pursuant to paragraph 6.1. 5.0 Representations and Warranties. 5.1 .Vendor Representations and Warranties. 5.1.1. Authority. Vendor hereby warrants and represents that: 5.1.1.1. it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder; and, 5.1.1.2. to the extent legally required, Vendor has all ownership rights, licenses, or other required authority to use the software and hardware it installs to perform the services under this Agreement. 5.1.2. Professional Services. Vendor hereby warrants and represents that any and all services provided by Vendor pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Vendor System, subject to applicable law, in compliance with all specifications provided to Vendor by the City. 5.2. City Representations and Warranties. 5.2.1. Authority. The City hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder; provided that Vendor acknowledges that the initial program is premised on being consistent with the requirements and authority of state law, applicable attorney general opinions, and the City's Ordinance, and City cannot and does not warrant the outcome of any judicial or legislative action that may be taken affecting these authorities subsequent to the execution of this Agreement. 5.3. Professional Services. The City hereby warrants and represents that any and all services provided by the City pursuant to this Agreement shall be performed in a professional and workmanlike manner in City's governmental capacity 6.0 Termination. Page 8 of 31 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, or regulations or policies are adopted by agencies with jurisdiction, to prohibit or materially change the operation of TSCP so as to make it reasonably impractical to operate the red light enforcement program, including without limitation changes that would prohibit the red light enforcement program, or which would impose restrictions on revenues and uses that are contrary to the terms of this Agreement; (ii) any court having jurisdiction over City rules, or declares, that the City's red light enforcement program is invalid or results from the Vendor System of photo red light enforcement are inadmissible in evidence, or otherwise renders a decision that makes it reasonably impractical to operate the red light enforcement program; (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, copyright, trade secret or other intellectual property; (iv) the other party commits any material breach of any of the provisions of this Agreement; (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. Either party shall have the right to remedy the cause for termination within forty -five (45) calendar days (or within such other time period as the 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 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. 6.2 Warning Period. The Ordinance provides for a one time ninety (90) day Warning Period, during which time courtesy notices of infractions, with no civil fees, are used. The parties hereto acknowledge that this Warning Period will be used to verify the reliability of the program and the detection of infractions, as well as to monitor anticipated changes in state law on the subject of camera enforcement of red light infractions. The Warning Period shall commence on the date the initial camera and the Infraction Processing procedures become operational, with the exact date to be confirmed in writing by the parties' Project Managers. At any time up to the conclusion of the initial Warning Period, the City, through a motion adopted by the City Commission, may terminate the TSCP, for any or no cause. The City shall not be liable for any costs or expenses incurred by Vendor during this Warning Period. If the City Commission determines to terminate the program pursuant to this paragraph, this Agreement shall be deemed terminated and the parties shall proceed pursuant to Section 6.3 below. In addition to the City's right to terminate during the Warning Period, for a period of 90 calendar days after the expiration of the Warning Period, either party shall have the right to terminate the Agreement. 6.3 Procedures Upon Termination. This section 6.3 shall apply to the expiration of this Agreement and to the early termination of the Agreement. The termination of this Agreement shall not relieve either party of any liability that accrued prior to such Page 9 of 31 termination. Except as set forth in this Section 6.3, upon the termination of this Agreement, all of the provisions of this Agreement shall terminate and: 6.3.1 Vendor shall (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the TSCP, (ii) promptly deliver to the City any and all Proprietary Property of the City provided to Vendor pursuant to this Agreement, (iii) promptly deliver to the City a final report to the City regarding the collection of data and the issuance of Notices of Infraction in such format and for such periods as the City may reasonably request, and which final report Vendor shall update or supplement from time to time when and if additional data or information becomes available, (iv) provide City all data pertaining to outstanding Civil Fee payments due and owing to City and potential payments due to Vendor, (v) provide City with its proposed schedule for the removal of the Vendor's equipment, at no cost to the City, from the City and once such schedule is approved by City Vendor shall remove such pursuant to the schedule; and (vi) provide such assistance as the City may reasonably request from time to time in connection with prosecuting and enforcing Notices of Infraction issued prior to the termination of this Agreement. 6.3.2 The City shall (i), except for pending enforcement cases, immediately cease using the TSCP, accessing the Vendor System and using any other Intellectual Property of Vendor, and (ii) promptly deliver to Vendor any and all Proprietary Property of Vendor provided to the City pursuant to this Agreement, other than such equipment installed by Vendor along the roadways for the enforcement program. 6.3.3 Unless the City and Vendor have agreed to enter into a new agreement relating to the TSCP or have agreed to extend the Term of this Agreement, Vendor shall remove any and all Equipment or other materials of Vendor installed in connection with Vendor's performance of its obligations under this Agreement, at no cost to City, including but not limited to housings, poles and camera systems, and Vendor shall restore the Designated Intersections to substantially the same condition such Designated Intersections were in immediately prior to this Agreement, except for foundation removal, which shall be left approximately flush with grade and no exposed rebar, steel or other hazards, at no cost to City pursuant to the schedule agreed upon by the parties in section 6.3.1. 6.3.4 After the first three (3) years of this Agreement, City may provide for the early termination of this Agreement for City's convenience in the event that the City Commission determines to discontinue having a TSCP . In such event, the remaining provisions of section 6.3 shall apply. City shall have no further liability for any such early termination. The parties recognize that other provisions of this Agreement serve as consideration for this provision. 7.0 Fees to be Paid to Vendor and Payment Processing. 7.1. Vendor shall have the right to receive the compensation set forth on, and pursuant to, Exhibit F attached hereto. Page 10 of 31 7.2. Vendor shall be responsible for processing payments of the Civil Fees. The 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. 7.3. Vendor shall pay City all payments received during a calendar month, no later than the 7 day of the next following month. 7.4. Vendor shall invoice the City for all applicable fees 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 the financial reporting functions of Vendor's system upon City's request. 8.0 Survival. Notwithstanding the foregoing, the parties' obligations shall survive the termination of the Agreement to the extent necessary to fulfill the parties' accrued monetary obligations under this Agreement. 9.0 Confidentiality. During the term of this Agreement and for a period of three (3) years thereafter, neither party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential Information learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement, subject to the obligations and requirements of Florida's public records laws and public meetings law. Upon termination of this Agreement, each party shall return to the other all tangible Confidential Information of such party. Each party shall retain in confidence and not disclose to any third party any Confidential Information without the other party's express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, representatives, attomeys and other professional advisors that have a need to know such Confidential Information, provided that such parties undertake in writing' (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. 10.0 Indemnification and Liability. 10.1. Indemnification — Negligence. The Vendor agrees to defend, indemnify and hold harmless the City, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees ( "Losses "), sustained by the City or any third party arising out of, or by reason of, or resulting from the Vendor's negligent acts, errors, or omissions, except to the extent such Losses arise from the negligence of the City or City's employees, officers or agents. In the event that a court of competent jurisdiction determines that the provisions of Sec. 725.06, F.S., and / or Sec. 725.08 , F.S., apply to this Agreement, then , in such event, Vendor shall defend, indemnify and hold harmless City and Page 11 of 31 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 and/or 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 performance 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 performed 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 00 /100 ($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. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the Vendor's responsibility to indemnify for events occurring during the term of this Agreement for a period of not less than five (5) years after expiration or termination of the Agreement. 10.4. Legal Challenges. The parties recognize and acknowledge that the TSCP contemplated herein may be subject to legal challenge and/or 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 perform all relevant portions of any such order, decree, judgment, etc., required to be performed 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 form to the City which is intended to protect City from liability, if any, under this paragraph 10.5. Such security may be in the form of lien on Vendor's equipment or other form of security to be determined by agreement of the parties. Page 12 of 31 10.6. Change in State. Law. The parties recognize and acknowledge that it has been reported that the Florida Legislature is considering various revisions to State Uniform Traffic Laws which, if enacted, would expressly authorize municipalities to issue traffic infractions through the use of Red Light Cameras without the necessity of using the code enforcement system. Should the Florida Legislature enact any law modifying the Uniform Traffic Laws so as to expressly permit the TSCP , sections 10.4 and 10.5 shall automatically become void . 10.7. Notice of Claims. If the City or Vendor receives notice of any claim or circumstances which may give rise to an indemnified loss under this Section 10, the receiving party shall give written notice to the other party within ten (10) days of receipt. The notice must include the following: (a) a description of the indemnification event in reasonable detail, (b) the basis on which indemnification may be due, and (c) the anticipated amount of the indemnified loss. This notice does not estop or prevent the City from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. If the City does not provide this notice within the ten (10) day period, it does not waive any right to indemnification except to the extent that Vendor is directly prejudiced, suffers loss, or incurs expense because of the delay. 10.8. Review of Indemnification Provisions. At the conclusion of the Warning Period, and the 2008 session of the Florida Legislature, the City and Vendor will review the indemnification provisions in this Section 10. 11.0 Independent Contractor. This Agreement does not create an employee /employer relationship between the parties. It is the intent of the parties that the Vendor is an independent contractor under this Agreement and not the City's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The Vendor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Vendor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Vendor, which policies of Vendor shall not conflict with City, or United States policies, rules or regulations relating to the use of Vendor's funds provided for herein. The Vendor agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship P between the Vendor and the City and the City will not be liable for any obligation Page 13 of 31 incurred by Vendor, including but not limited Y S �t d to unpaid minimum wages and/or overtime premiums. 12.0 Assignments; Amendments. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by either party, including without limitations urchases of controlling tr llm interest in Vendor g endor or merger, without the prior written consent of the other party. It is further agreed that no modification, amendment or alteration in the teens or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13.0 No Contingent Fees. Vendor wan-ants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Vendor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or Infraction of this provision, the City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 14.0 Notices. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended , at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the VENDOR and the CITY designate the following as the respective places for giving of notice: City: Eric M. Soroka, City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Phone: (305) 466 -8910 Fax: (305) 466 - 8919 Copies To: David M. Wolpin, City Attorney Weiss, Serota, Helfman, Pastoriza, Cole & Boniske, P.L. 200 East Broward Boulevard, Suite 1900 Ft. Lauderdale , Florida 33301 Phone: (954) 763 -4242 Fax: (954) 764 And Steven Steinberg, Police Chief City of Aventura Page 14 of 31 19200 West Country Club Drive Aventura, Florida 33180 Phone: (305) 466 -8066 Fax: (305) 466 -8991 Vendor: American Traffic Solutions, LLC. - 14861 N. Scottsdale Road, Suite 109 Scottsdale, AZ 85253 Attention: Chief Operating Officer And Alexander P. Heckler, Esq. Shutts and Bowen LLP 200 East Broward Boulevard #2100 Fort Lauderdale, Florida 33301 15.0 Audit Rights. Each of parties hereto shall have the right to audit the books and records of the other party hereto (the "Audited Party") solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non- Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non - Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid Y d an payment �P any P Ym ent by more than ten percent (10 %) of the amount actually owing, the cost of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non - Audited Party shall promptly refund to the Audited Party the amount of the excess. 16.0 Dispute Resolution. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the "Dispute "), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 16.0, and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation. Page 15 of 31 17.0 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. ] 8.0 Headings. Headings herein are for the convenience of reference only and shall not be considered on any interpretation of this Agreement. 19.0 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits shall be treated as part of this Agreement and are incorporated herein by reference. 20.0 Waiver. Failure of either party to insist upon strict performance of any covenant or condition of this Agreement, or to execute any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right, but the same shall remain in full force and effect. 21.0 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein due to the joint contributions of both parties. 22.0 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law, except that this provision shall not be deemed to deprive any party of any legal remedy, including termination. 23.0 Insurance. 23.1. Throughout the tern of this Agreement, the Vendor agrees to maintain in force at their own expense insurance as follows: 23.1.1. Comprehensive General Liability insurance to cover liability for bodily injury and property damage. Exposures to be covered are premises, operations, products \completed operations, and contractual liability . Coverage must be written on an occurrence basis, with the following limits of liability A. Bodily Injury/Property Damage 1. Each Occurrence $1,000,000 2. Annual Aggregate $1,000,000 B. Personal Injury Page 16 of 31 1. Annual Aggregate $1,000,000 23.1.2. Worker's Compensation insurance shall be maintained during the life of this contract to comply with Florida statutory limits for all employees. The following limits must be maintained: A. Worker's Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease - policy limit $100,000 Disease - employee If Vendor claims to be exempt from this requirement, Vendor shall provide City proof of such exemption along with a written request for City to exempt Vendor, written on Vendor letterhead. 23.1.3. Comprehensive Auto Liability — coverage shall include owned, hired and non -owned vehicles. A. Bodily Injury and Property Damage combined single limit 1. Each Occurrence $1,000,000 2. Annual Aggregate $1,000,000 23.1.4. Professional Liability - $1,000,000. 23.1.5. Vendor shall name the City as an additional insured on each of the policies required herein, with the exception of the Vendor's Worker's Compensation policy and Professional Liability. 23.1.6. Certificates of Insurance, reflecting evidence of the required insurance, shall be filed with the City's Risk Manager prior to the commencement of this Agreement. These Certificates shall contain a provision that coverage's afforded under these policies will not be canceled or impaired until at least forty five (45) days prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Financial Ratings must not be less than "A -VI." Insurance shall be in force until the obligations required to be fulfilled under the terms of the Contract are satisfied. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this contract, then in that event, the Vendor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension thereunder is in effect. Page 17 of 31 23.1.7. Any insurance required of Vendor pursuant to this Agreement must also be required by any sub - contractor of Vendor in the same limits and • with all requirements as provided . herein, including naming the City as an additional insured, if any work is subcontracted unless such subcontractor is covered by the protection afforded by the Vendor and provided proof of such coverage is provided to City. The Vendor and any sub - contractor of Vendor shall maintain such policies during the term of this Agreement. 24.0 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Miami -Dade County, Florida. 25.0 Extent of Agreement. This Agreement represents the entire and integrated agreement between the City and the Vendor and supersedes all prior negotiations, representations or agreements, either written or oral. 26.0 Waiver of Jury Trial . In the event of any litigation between the parties which in any way arises out of this Agreement, the parties hereby agree to waive any right to trial by jury. 27.0 RFP. Vendor agrees to comply with any provisions of the RFP which are not in conflict with this Agreement, and to comply with and honor any written representations, clarifications and exceptions made by Vendor during the RFP process. 28.0 Compliance with Law. Vendor shall comply with all applicable laws in the performance of its services hereunder, and represents that it possesses all required licenses and certifications to perform the services. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF AVENTURA A ST: / 1 i ' '1A . BY: iiikESA M. SO ' t KA, C TY CLERK ERIC M. SORO V MANAGER 41 1 1 ' PROVED A • FORM: hag CITY ATTO' ' Y Page 18 of 31 • VENDOR WITNES BY: `� Print Name: f4D - r470. - I F f I ` 11 M Title: r ucz ✓ p C o o ATTEST: SECRETARY • STATE OF AI? ;.eo.4f . : ss: COUNTY OF p ,f i t v . ON THIS 701 day of FeaVA, 4Qy , 2008, before me, the undersigned notary public, personally appeared AO AM -iv-70 -) , personally known to me, or who has produced p R.; ur112..'S (; Lr; as identification, and is the person who subscribed to the foregoing instrument and who acknowledged that he executed the same on behalf of said Corporation and that he was duly authorized to do so. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. s" %,'' JACQUELINE ST.LOUIS i 1 l 7 �- f ' c w_, ;;a - NOTARY PUBLIC - ARIZONA N . AR ' PUBLIC t .,.; Mancopa County r '. J 4 My Commission Expires . C?1� ,• -L— ,ff 4 L,_ 0 November 15, 2010 Print or Type Name My Commission Expires: Page 19 of 31 EXHIBIT "A" Designated Intersection The contract provides for the implementation of cameras at no less than six (6) intersections, at least three (3) of which shall be installed within forty five days (45) days of receipt of permits for each agreed upon approach. The proposed six intersections are as follows: Biscayne Blvd. & N.E. 178 Street Biscayne Blvd. & N.E. 191 Street Biscayne Blvd. & N.E. 199 Street W. Country Club Drive & N.E. 199 Street Miami Gardens Drive & Biscayne Blvd. W. Country Club Drive & William Lehman Causeway Installation of any approach is subject to engineering and video analysis results. Additional approaches will be selected based on collision history, input and recommendations from the City's Police Department, and an engineering feasibility assessment. Vendor shall apply for a permit within sixty (60) days of the approval of this Agreement by the City Commission. - Vendor will provide the City with video evaluation of candidate sites using the Axsis VTMS system to assist the City's Police Department in its recommendations. The program may be implemented at additional intersections after the conclusion of the Warning Period. The intersections will be designated by the Police gn y o ace Department, which designation will be based upon Police Department staff review and an engineering analysis. • Page 20 of 31 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 accordance with an implementation plan to be mutually agreed to by Vendor Traffic Systems 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 intersection within forty-five (45) days subsequent to receipt of all permits required by section 1.4 of this Exhibit B. 1. 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 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; and 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 materials for the City's approval or amendment according to the ATS proposal (the "Awareness Strategy "); Page 21 of 31 1.8. Develop the Red Light Infraction Criteria in consultation with p gh the City; 1.9. Develop the Enforcement Documentation for approval by the City, consistent with the requirements of the City Ordinance; 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 to the City; 1.15. Issue Notices of Infraction, and if the civil penalty is unpaid or the alleged violator requests a hearing, issue Notices of Hearing for Authorized Infractions pursuant to City Ordinance; 1.16. Obtain access to the records data of the Department artment of Motor Vehicles in Vendor's capacity as needed for the program; and, 1.17. 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 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; 1.18. Interact with court and judicial personnel, including the City's hearing officer to address issues regarding the implementation of the Vendor System, the development of a subpoena processing timeline that will permit the offering of Infractions Data in hearings and judicial proceedings, and coordination between Vendor, the City and the City's Hearing officer; and 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 Infraction processing and Notice of Infraction re- issuance, as well as notice of hearing. Page 22 of 31 2. CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in each case, unless otherwise stated below, at City's sole expense): 2.1.1. Appoint the Project Manager; 2.1.2. Assist Vendor in obtaining the Drawings from the relevant Governmental Authorities; 2.1.3. Notify Vendor of any specific requirements relating to the construction and installation of any Intersection or the implementation of the TSCP; 2.1.4. Assist Vendor in seeking the Approvals 2.1.5. 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; 2.1.6. 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; 2.1.7. 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; 2.1.8. Assist Vendor in developing the Red Light Infraction Criteria; and 2.1.9. Seek approval of the Enforcement Documentation. 2.1.10. 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. § 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law. 2.1.11. 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. 2.1.12. The Police Department shall process each potential violation in accordance with State Laws and/or City Ordinances within seven (7) business days of its Page 23 of 31 appearance in the Police Review Queue, using AxsisTM to determine which violations will be issued as Citations or 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. 2.1.13. City shall provide access to the internet for the purpose of processing violations and adjudications. 2.1.14. Vendor shall, at no additional cost to the City , provide Police Department / Adjudication workstation computer monitors for citation review and approval which should provide a resolution of 1280 x 1024, which shall be returned to Vendor in the event the Agreement is terminated. 2.1.15. 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. 2.1.16. Police Department shall provide signatures of all authorized police users who will review events and approve citations on forms provided by Vendor . 2.1.17. 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. Page 24 of 31 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. Page 25 of 31 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 Intersection into a format capable of review by the Authorized Employee via the Vendor System; 3. The Vendor shall make the initial determination that the image meets the requirements of the Ordinance and this Agreement, and is otherwise sufficient to enable the City to meets its burden of demonstrating a violation of the Ordinance. If the Vendor determines that the standards are not met, the image shall not be processed any further. 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. 6. Vendor shall provide the Authorized Employee with access to the Vendor System for the purposes of reviewing the pre - processed Infractions Data within seven (7) days of the gathering of the Infraction Data from the applicable Designated Intersections. 7. The City shall cause the Authorized Employee to review the Infractions Data and to determine whether a Notice of Infraction 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 INFRACTION 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 INFRACTION DECISION "), AND IN NO EVENT SHALL VENDOR HAVE THE ABILITY OR AUTHORIZATION TO MAKE A NOTICE OF INFRACTION DECISION; 8. With respect to each Authorized Infraction, Vendor shall print and mail a Notice of Infraction within seven (7) days after Vendor's receipt of such authorization from the City's Authorized Employee; provided, however, during the Warning Period, warning Infraction notices shall be issued in respect of all Authorized Infractions; 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. Page 26 of 31 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 Infraction, 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, before the City's hearing officer, 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. During the Warning Period, Vendor shall implement a public relations program, in coordination with the City and upon City's approval, at no cost to the City in accordance with the elements included in Vendor's proposal dated November 13, 2007. 15. Notice of Infraction Form. Vendor shall prepare and provide to City a Notice of Infraction Form that provides, at a minimum, the following information: a. name and address of the owner of the vehicle involved in the infraction; b. the registration number of the vehicle involved in the infraction; c. a citation to the City's Ordinance violated; d. the location of the intersection where the infraction occurred; e. the date and time of the infraction; f. a copy of the recorded image of the infraction; g. the amount of fee and charges imposed and the date by which the fee and charges must be paid or appealed; h. instructions on all methods of payment for the fee; i. a clear statement of the time limit to file an appeal and describing the procedure for appealing the infraction; j. a statement that the City's traffic infraction officer has reviewed and observed the recorded images evidencing the violation of the Ordinance and has found reasonable and probable grounds to believe that an infraction has occurred and can identify the license tag number of the violating vehicle; and, Page 27 of 31 k. a conspicuous statement, printed on larger font than the remaining statements on the Notice of Infraction, and bolded, stating that if the owner of the vehicle fails to pay the civil fee within the time allotted, or fails to timely appeal the infraction, the owner shall be deemed to have waived his or her right to contest the infraction, and has admitted to the infraction reflected in the Notice of Infraction. 16. Vendor agrees that the City shall have the right to review and approve the form Notice of Infraction prior to its use, and that in the event City determines additional information should be included in the Notice of Infraction, Vendor shall modify the Notice of Infraction form, at its sole expense, to comply with those requirements. 17. 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 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. 18. Vendor is authorized to charge, collect and retain a convenience fee of $4.00 each for electronic payments processed. Such fee is paid for by the violator. Page 28 of 31 Exhibit "E" Additional Rights and Obligations Vendor and the City shall respectively have the additional rights and obligations set forth below: 1. Vendor shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the TSCP, as offered in the Vendor's proposal. 2. Vendor shall be solely responsible for installing such Signage as required by City Ordinance. The Vendor shall be solely responsible for the fabrication of any signage, notices, or other postings required pursuant to any law, rule, or regulation of any Governmental Authority ( "Signage "), including, but not limited to, the City and County Ordinances, State Statutes, and Florida Department of Transportation (FDOT) Regulations and shall . assist in determining the placement of such Signage. Vendor shall be responsible for obtaining all necessary approvals from Governmental Authorities. 3. The Vendor Project Manager and the Project Manager shall meet on a weekly basis during the period commencing as of the date of execution hereof and ending on the termination of the Warning Period Date, and on a monthly basis for the remainder of the Tenn, at such times and places as the Vendor Project Manager and the City Project Manager shall mutually agree. 4. The City shall not access the Vendor System or use the TSCP Program in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Vendor System or the Vendor Photo Enforcement Program with respect to any Intersection constructed or maintained by Vendor for such Person, or which could damage, disable, impair or overburden the Vendor System or the Vendor Photo Enforcement Program, and the City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Vendor System, or (iii) any materials or information not intentionally made available by Vendor to the City by means of hacking, password mining or any other method whatsoever, nor shall the City cause any other Person to do any of the foregoing. 5. The City shall maintain the confidentiality of any username, password or other process or device for accessing the Vendor System or using the TSCP. 6. Each of Vendor and the City shall advise each other in writing with respect to any applicable rules or regulations goveming the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Vendor and the City shall reasonably follow any and all such rules and regulations. 7. The City shall promptly reimburse Vendor for the cost of repairing or replacing any portion of the Vendor System, or any property or equipment related thereto, damaged solely and Page 29 of 31 directly by the City, or any of its employees, contractors or agents. In all other instances, such costs shall be solely the Vendor's costs. • • Page 30 of 31 EXHIBIT "F' COMPENSATION & PRICING Per Paid Fee There will be no charge to City during the Warning Period, and Vendor shall not receive any compensation for any notices sent during the Warning Period. At the conclusion of the Warning Period, and once Notices of Infractions are issued, Vendor shall be compensated as follows: Per Camera Paid Notices 1' Tier Fee: First 2 paid notices per day in a month, per camera (i.e. first 60 paid per month) $47.50 2nd Tier Fee: Next 2 paid notices per day in a month, per camera (i.e. 61 -149 paid per month) $27.50 3` Tier Fee All other paid notices in a month, per camera (i.e. 150+ paid per month) $17.50 Following the change of State Law as contemplated in Section 10.6, if the average number of paid notices is 2 or fewer per day in a month, per camera the Vendor shall receive all revenues collected for the billing period. Vendor shall have the right of first refusal to provide collections services for this program, the collection methods and compensation for which shall be determined by the parties in an addendum to this Agreement. Page 31 of 31 HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: CS /CS /HB 439 Uniform Traffic Control SPONSOR(S): Military & Local Affairs Policy Committee, Roads, Bridges & Ports Policy Committee, Reagan and others TIED BILLS: IDEN. /SIM. BILLS: CS /SB 2004 REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Roads, Bridges & Ports Policy Committee 17 Y, 2 N, As CS Brown Miller _ 2) Military & Local Affairs Policy Committee 14 Y, 0 N, As CS Rojas Hoagland 3) Economic Development & Community Affairs Policy Council 14 Y, 0 N Brown Tinker 4) Finance & Tax Council 5) SUMMARY ANALYSIS CS /CS /HB 439 creates the "Mark Wandall Traffic Safety Act." The bill authorizes counties and municipalities to enact ordinances permitting the use of traffic infraction detectors and specifies the required content of the ordinance. The penalty for failing to stop at a steady red Tight, as determined through the use of a traffic infraction detector, is a fine of $150. The bill describes requirements that must be met when issuing a ticket based on documentation by the traffic infraction detector and the challenge procedure to be followed. The bill grants counties and municipalities (and their agents) access to Department of Transportation right -of- way to install and operate traffic infraction detectors. The traffic infraction detector must conform to the contract specifications adopted by the Department of Transportation. It provides a "grandfather clause" of one year for those counties and municipalities that are currently engaged in the use of traffic infraction detectors. The bill provides a complaint process for complaints that a county or municipality is employing traffic infraction detectors for purposes other than the promotion of public health, welfare, and safety or in a manner inconsistent with the law. Each county or municipality that operates a traffic infraction detector must submit an annual report to the Department of Highway Safety and Motor Vehicles (the Department) which details the results of the detectors and the procedures for enforcement. The Department must submit a summary report to the Governor and Legislature on or before December 1, 2010, which includes a review of the information submitted by the counties and municipalities and any recommendations or necessary legislation. To the extent local governments choose to enact ordinances to permit the use of traffic infraction detectors there will be a fiscal impact to the local governments for the cost of the installation and maintenance of the devices, the amount of which will vary depending on the negotiated agreement between the local government and any private vendor providing the equipment. There may be an increase in fine revenue for the local governments that choose to enact ordinances permitting the use of traffic infraction detectors, the amount of which is indeterminate and reliant on driver awareness and future behavior. This document does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: h0439c.EDCA.doc DATE: 4/14/2009 HOUSE PRINCIPLES Members are encouraged to evaluate proposed legislation in light of the following guiding principles of the House of Representatives • Balance the state budget. ' • Create a legal and regulatory environment that fosters economic growth and job creation. • Lower the tax burden on families and businesses. • Reverse or restrain the growth of government. • Promote public safety. • Promote educational accountability, excellence, and choice. • Foster respect for the family and for innocent human life. • Protect Florida's natural beauty. FULL ANALYSIS L SUBSTANTIVE ANALYSIS A. EFFECT OF PROPOSED CHANGES: Present Situation According to the Department, in 2007 there were 106 fatalities and 10,720 injuries related to motor vehicle drivers who disregarded a traffic signal in Florida.' Traffic infraction detectors, or "red light cameras," are used to enforce traffic laws by automatically photographing vehicles whose drivers run red lights. A red light camera is connected to the traffic signal and to sensors that monitor traffic flow at the crosswalk or stop line. The system continuously monitors the traffic signal, and the camera is triggered by any vehicle entering the intersection above a pre -set minimum speed and following a specified time after the signal has turned red. A second photograph typically shows the red Tight violator in the intersection. In some cases video cameras are used. Cameras record the license plate number, the date and time of day, the time elapsed since the beginning of the red signal, and the vehicle speed. Over 110 cities and towns in 20 states across the country currently participate in a red light camera program. Red Tight cameras have been used in at least 33 foreign countries since the 1970s. 3 An Insurance Institute for Highway Safety (IIHS) review of international red Tight camera studies concluded that cameras reduce red light violations by 40 -50 percent and reduce injury crashes by 25- 30 percent. A 2005 study of red light camera programs in seven metropolitan communities by the Federal Highway Administration concluded that there was a 25 percent reduction in right -angle collisions, but a 15 percent increase in rear -end collisions. It is possible that the volume of rear -end collisions will decline as drivers get used to the idea that the vehicle in front of them will stop at a red light. Email from Office of Legislative Affairs, Department of Highway Safety and Motor Vehicles, February 12, 2008. As of January 27, 2009, this is the most recent information available. 2 National Campaign to Stop Red Light Running, www. stopred lightrunning.com/html /rlc cities.htm 3 Insurance Institute for Highway Safety website (www.iihs.org /research /ganda/rlr.html) citing Blackburn, R.R. and Glibert, D.T., Photographic enforcement of traffic laws. Washington, DC, National Academy Press, 1995. Id., citing Retting, R.A. et al., Effects of red light cameras on violations and crashes: a review of the international literature, Traffic Injury Prevention 4:17 -23, 2003. 5 Federal Highway Administration, Safety Evaluation of Red -Light Cameras, Publication No. FHWA- HRT -05 -048, available online here: http: / /www.tfhrc.gov /safety /pubs /05048/ 6 1d. STORAGE NAME: h0439c.EDCA.doc PAGE: 2 DATE: 4/14/2009 Other studies, including a 7-jurisdiction study conducted by the Virginia Department of Transportation' and a USDOT- funded study by the Urban Transit Institute at North Carolina A &T University, have reached conflicting results regarding crash reduction. The results of these studies are best summarized by this excerpt from the North Carolina study: The results do not support the conventional wisdom expressed in recent literature and popular press that red Tight cameras reduce accidents.... Our findings are more pessimistic, finding no change in angle accidents and large increases in rear -end crashes and many other types of crashes relative to other intersections. We did find a decrease in accidents involving a vehicle turning left and a vehicle on the same roadway, which may have been included as an angle accident in some other studies. However, given that these left turn accidents occur only one third as often as angle accidents, and the fact that we find no benefit from decreasing severity of accidents suggests that there has been no demonstrable benefit from the RLC [red light camera] program in terms of safety. In many ways, the evidence points toward the installation of RLCs as a detriment to safety. Critics on each side of the debate raise concerns about the scientific methodology of opposing studies and potential bias of researchers. Criticisms have focused on issues such as sample size, control of variables (weather, similarity of intersections, etc), and other possible control methods (e.g., failure to analyze intersections before /after detectors are placed). Currently there are no recognized independent standards or certifications for the red Tight camera industry. The Federal Highway Administration (FHWA) and the National Highway Traffic Safety Administration (NHTSA) have developed guidelines for the use of state and local agencies on the implementation and operation of red light camera systems. These guidelines were most - recently updated in January 2005. Although not a regulatory requirement, the guidance is intended to provide critical information for state and local agencies on relevant aspects of red light camera systems in order to promote consistency and proper implementation and operation. The guidelines present research that suggests engineering improvements, safety education and increased enforcement by law enforcement officers can significantly reduce red light violations. Examples of engineering improvements include: • Improving signal head visibility. Signal head visibility can be improved by increasing the size of the traffic signal lamps from 8 to 12 inches. The addition of backplates can also make signals more visible. o All -red interval. An all -red clearance interval, where the traffic signals on all sides are red for a period of time, provides additional time for motorists already in the intersection to proceed through the intersection on the red indication while holding cross traffic on the cross street approaches. The red clearance interval is not intended to reduce the incidence of red light running; rather it is a safety measure. • Appropriate yellow times. The likelihood of a motorist running a red light increases as the yellow interval is shortened. Lengthening the yellow interval, within appropriate guidelines, has been shown to significantly reduce the number of inadvertent red Tight violations. • Traffic signal coordination. A coordinated traffic signal operation where motorists are able to move smoothly in platoons from intersection to intersection reduces the risk of red Tight violations and collisions. ' Available online here: http: / /www.thenewspaper.com/r1c /docs /05- vdot.pdf 8 Available online here: http:// www. thenewspaper .com/rlc /docs/burkeyobeng.pdf 9 U.S. Department of Transportation, R Light Camera Systems Operational Guidelines, P ublication No. FHWA-SA-05-002, January P � S Y P arY 2005. STORAGE NAME: h0439c.EDCA.doc PAGE: 3 DATE: 4114/2009 Cameras are permitted by current Florida law to enforce violations of payment of tolls. For example, toll facility operators use a digital camera to capture an image of the vehicle's license plate as the vehicle travels through the tolling zone. If the system receives payment from a SunPass, the image is deleted. If no payment is received, the image is processed for video tolling or is considered a toll violation and a Uniform Traffic Citation is issued. In response to the city of Pembroke Pines' inquiry regarding the use of unmanned cameras to enforce violations of traffic signals, the Attorney General issued an advisory legal opinion on July 12, 2005. The opinion concluded that it was within the local government's scope of authority "to enact an ordinance authorizing the city: ® to monitor violations of traffic signals within the city and to use unmanned cameras to monitor intersections and record traffic violations; ® to monitor violations of traffic signals within the city and to use unmanned cameras to record the license tag numbers of cars involved in such violations; and ® to advise a car owner that his or her license tag number has been recorded in a violation of the traffic laws." The problem identified by a 1997 Attorney General opinion was whether unmanned electronic traffic infraction detectors may independently be used as the basis for issuing citations for violations of traffic laws. Current statute requires that citations be issued when an officer "observes the commission of a traffic infraction.i The 1997 Attorney General opinion concluded that nothing precludes the use of unmanned cameras to record violations of s. 316.075, F.S., but "a photographic record of a vehicle violating traffic control laws may not be used as the basis for issuing a citation for such violations." The 2005 opinion reached the same conclusion, stating, "legislative changes are necessary before local governments may issue traffic citations and penalize drivers who fail to obey red light indications on traffic signal devices" as collected from a photographic record from unmanned cameras monitoring intersections. Several local governments in Florida have participated in the use of red light cameras enforcement of red light violations. Due to the Attorney General's advisory opinions, the majority of local governments have used the cameras in pilot projects solely for data collection purposes or as a warning system to motorists, by sending a letter and attaching no penalty. Sarasota County, Manatee County, Palm Beach County, Polk County, and the cities of Orlando and Melbourne are examples of local governments that have at one time participated in a red light camera pilot project. The Palm Beach County Commission reported that their two -month pilot project using traffic cameras at a test intersection in Palm Beach County showed alarming results. One fifth of those who ran a red light did so two seconds after the light had changed. On average, fifty cars a day ran the light at the test site during the first month of the pilot project. During the second month of the project, following publicity about the program, that number dropped to less than twenty. The city of Gulf Breeze passed a local ordinance in 2005 allowing use of red light cameras. A violation by any motor vehicle running a red light that is recorded by a traffic enforcement photographic system is a civil code violation and a $100 civil fee is assessed against the motor vehicle owner. The city has installed one red light camera at Daniel Drive and U.S. 98 in front of Gulf Breeze Middle School. The Gulf Breeze City Council adopted the ordinance despite the opinion issued by the Attorney General. The Gulf Breeze Police Chief said that after the signs went up, violations dropped from 150 a month to 95 in a little over a year. The camera was installed by "Traffipax." According to the police chief, the vendor paid for the initial cost of setting up the program. In return, the vendor is paid a percentage of the $100 fine. "Peek Traffic ", the vendor who donated the equipment and monitoring for Sarasota 10 s. 316.1001(2)(d), F.S. 11 Attorney General Opinion 05 -41. 12 Attorney General Opinion 97 -06. 13 s. 316.640(5)(a), F.S. 14 Palm Beach County Board of County Commissioners, "FY 2007 State Legislative Program ", available online here: http://www.pbcgov.com/legislativeaffairs/pdf/LegProg.pdf 15 Section 18 -113, Code of Ordnances, City of Gulf Breeze, Florida. 16 Ginny Laroe, "Police Research Traffic Cameras," Sarasota Herald Tribune, March 26, 2007. STORAGE NAME: h0439c.EDCA.doc PAGE: 4 DATE: 4/14/2009 County's pilot project, states that a camera is valued at approximately $50,000 and costs $10,000 to install. Proposed Changes • Local Ordinance Authorization The bill creates the "Mark Wandall Traffic Safety Act." The bill creates s. 316.0083, F.S., authorizing counties and municipalities to enact ordinances permitting the use of traffic infraction detectors and specifies the required content of the ordinance. The traffic infraction detector must conform to the contract specifications adopted by the Department of Transportation. Pursuant to the new statute, each local ordinance must: e provide for the use of a traffic infraction detector to enforce s. 316.075(1)(c), F.S., which requires the driver of a motor vehicle to stop when facing a traffic signal steady red light on the streets and highways under the jurisdiction of the county or municipality; • authorize a traffic infraction enforcement officer or a code enforcement officer to issue a ticket for violation of s. 316.075(1)(c), F.S., and to enforce the payment of tickets for such violation; • require signs to be posted at locations designated by the county or municipality providing notification that a traffic infraction detector may be in use; ® require the county or municipality to make a public announcement and conduct a public awareness campaign of the proposed use of traffic infraction detectors at least 30 days before commencing the enforcement program; • establish a fine of $150 to be assessed against the owner of a motor vehicle whose vehicle fails to stop when facing a red Tight, as determined through use of a traffic infraction detector; and The ordinance must allow the county to operate a traffic infraction detector within the right -of -way owned by the county or the Department of Transportation. The county or the Department of Transportation is required to issue permits for installation, including access to DOT right -of -way, the established ermittin process. Furthermore, .placement and installation of traffic according to e p g p , p infraction detectors is allowed on the State Highway System, county roads, and city streets pursuant to specifications developed by DOT, so long as the safety and operation of the road facility is not impaired. Fines The fine imposed by the local ordinance is done so in the same manner and is subject to the same limitations as provided for parking violations under s. 316.1967, F.S. The Department's authority to suspend or revoke a license (contained in Chapter 318 and s. 322.27, F.S.) is not applicable to a violation of an ordinance enacted under s. 316.0083, F.S. A violation is not a conviction of the operator, may not be made a part of the operator's driving record, may not be used for purposes of setting motor vehicle insurance rates, and may not result in points assessed against the operator's driver's license. Fines assessed under the ordinance are disbursed as follows: ▪ Three -fifths to be retained by the county or municipality enforcing the ordinance; ® One -fifth as provided by s. 318.21, F.S.; and e One -fifth to be deposited in the Department of Health Administrative Trust Fund, with the following further direction: o Twenty percent shall be distributed to verified trauma centers that have a local funding contribution as of December 31. Distribution of funds shall be based on trauma caseload volume for the most recent calendar year available. o Thirty -eight percent shall be distributed to verified trauma centers based on trauma caseload volume for the most recent calendar year available. The determination of " Section 318.21, F.S. contains the general disposition of all civil penalties by county courts. STORAGE NAME: h0439c.EDCA.doc PAGE: 5 DATE: 4/14/2009 caseload volume for distribution of shall be based on the department's Trauma Registry data. o Thirty -eight percent shall be distributed to verified trauma centers based on severity of trauma patients for the most recent calendar year available. The determination of severity for distribution of shall be based on the department's International Classification Injury Severity Scores or another statistically valid and scientifically accepted method of stratifying a trauma patient's severity of injury, risk of mortality, and resource consumption as adopted by the department by rule, weighted based on the costs associated with and incurred by the trauma center in treating trauma patients. The weighting of scores shall be established by the department by rule. o Two percent shall be distributed to public hospitals that qualify for distributions that are not verified trauma centers but are located in trauma service and that do not have a verified trauma center based on their proportionate number of emergency room visits on an annual basis. o Two - percent shall be distributed to provide an enhanced Medicaid payment to nursing homes that serve residents with brain and spinal cord injuries who are Medicaid recipients. Procedure for Issuance and Contestation of Tickets The bill cites current statutory procedures addressing liability for payment of parking ticket violations and other parking violations and applies those procedures to violations of ordinances created under s. 316.0083, F.S., with the following additional requirements regarding the information which must be included in the ticket: • the name and address of the person alleged to be liable as the registered owner or operator of the vehicle involved in the violation; • the registration number of the vehicle; • the violation charged; • a photographic image evidencing the violation; • the location where the violation occurred; • the date and time of the violation; • information that identifies the device that recorded the violation; • a signed statement by a specifically trained technician employed by the agency or its contractor that, based on inspection of recorded images, the motor vehicle was being operated in violation of s. 316.075(1)(c), F.S.; • the amount of the fine; • the date by which the fine must be paid; • the procedure for contesting the violation alleged in the ticket; and • a warning that failure to contest the violation in the manner and time provided is deemed an admission of the liability and that a default may be entered thereon. The violation is processed by the county or municipality that has jurisdiction over the street or highway where the violation occurred or by any entity authorized by the county or municipality to prepare and mail the ticket. The ticket must be sent by first -class mail to the owner of the vehicle involved in the violation no less than 30 days after the date of the violation. The owner is responsible for payment of the fine unless the owner can establish that the vehicle: • Passed through the intersection to yield the right -of -way to an emergency vehicle or as part of a funeral procession; • Passed through the intersection at the direction of a law enforcement officer; • Was, at the time of the violation, reported as stolen; 18 Section 316.1967(2) -(5), F.S. STORAGE NAME: h0439c.EDCA.doc PAGE: 6 DATE: 4/14/2009 • ® Received a Uniform Traffic Citation (UTC) for the alleged violation; or • Passed through the intersection as the result of a medical emergency. The owner of the vehicle must, within 30 days, furnish an affidavit to the county or municipality that provides detailed information supporting an exemption as provided above, including relevant documents such as a police report (if the car had been reported stolen) or a copy of the UTC, if issued. A person may elect to contest the determination that they failed to stop at a red Tight as evidenced by the traffic infraction detector by electing to appear before a judge authorized to adjudicate traffic infractions. If the person elects to appear before the court, they are deemed to have waived the limitation of civil penalties imposed for the violation and the court may impose a civil penalty not to exceed $150 plus court costs. The court may take appropriate measures to enforce collection of any penalty not paid within the time permitted by the court. A certificate sworn to or affirmed by a person authorized under s. 316.0083, F.S., who is employed by or under contract with the county or municipality where the infraction occurred, or a fax of such a certificate, that is based upon inspection of photographs or other recorded images produced by the traffic infraction detector, is considered evidence of the facts contained in the certificate. A photograph or other recorded image evidencing a violation must be available for inspection in any proceeding to adjudicate liability for violation of an ordinance enacted under s. 316.0083, F.S. The bill authorizes counties and municipalities to provide the names of those who have one or more outstanding violations, as recorded by traffic infraction detectors, to the Department. Pursuant to s. 320.03(8), F.S., if a person's name appears on the Department's list, a license plate or revalidation sticker may not be issued until the fine has been paid. Oversight and Accountability Any traffic infraction detector installed on the state's streets or highways must meet requirements established by the Florida Department of Transportation (FDOT) and must be tested at regular intervals according to procedures prescribed by FDOT. The bill provides a 'grandfather clause' for a period of one year for those counties and municipalities that have already instituted a traffic infraction detector program. These counties and municipalities are not required to meet the uniform system requirements provided by the bill until 1 year after the bill becomes law. The bill provides for a complaint process for complaints that a county or municipality is employing traffic infraction detectors for purposes other than the promotion of public health, welfare, and safety or in a manner inconsistent with the law. A complaint may be submitted to the governing board of the county or municipality. Each county or municipality that operates a traffic infraction detector is required to submit an annual report to the Department, which must contain: C the complaints received, along with any investigation and corrective action taken by the goveming body; • the results of using the traffic infraction detector; and ® the P rocedures for enforcement. The Department must submit an annual summary report to the Governor and Legislature which must contain: ® a review of the information received from the counties and municipalities; ® a description of the enhancement of the traffic safety and enforcement programs; and ® recommendations, including any necessary legislation. The first report must be submitted on or before December 1, 2010. After reviewing the report, the Legislature may exclude a county or municipality from further participation in the program. The bill provides a severability clause and is effective upon becoming law. STORAGE NAME: h0439c.EDCA.doc PAGE: 7 DATE: 4/14/2009 B. SECTION DIRECTORY: Section 1. Citing the act as the "Mark Wandall Traffic Safety Act." Section 2. Amending s. 316.003, F.S.; defining the term "traffic infraction detector." Section 3. Creating s. 316.0083, F.S.; creating the "Mark Wandall Traffic Safety Program" to be administered by the Department; authorizing counties and municipalities to enact ordinances permitting the use of traffic infraction detectors and specifying the requirements of an ordinance; requiring access to county or Department of Transportation right -of -way; exempting emergency vehicles from an ordinance enacted under this section; providing penalties for traffic control signal violations detected by traffic infraction detectors; providing for the issuance, challenge, and disposition of tickets; providing for disposition of fine revenue; providing a process for complaints that a county or municipality is employing detectors in a manner inconsistent with this section; and requiring the Department to submit a report to the Governor and Legislature. Section 4. Amending s. 316.0745(6), F.S.; requiring traffic infraction detectors to meet requirements established by the Department of Transportation and be tested at regular intervals; providing a grandfather clause for existing municipal equipment and programs. Section 5. Creating s. 316.0776, F. S.; allowing placement and installation of traffic infraction detectors on the State Highway System, county roads, and city streets pursuant to specifications developed by DOT, so long as the safety and operation of the road facility is not impaired. Section 6. Amending s. 316.1967, F.S., adding red -light camera ordinance violations to the violations list reported to the Department. Section 7. Amending s. 395.4036, F.S., providing direction for the distribution of funds collected by the Department of Health Administrative Trust Fund. Section 8. Providing a severability clause. Section 9. Providing that the bill is effective upon becoming law. II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: See Fiscal Comments, below. 2. Expenditures: See Fiscal Comments, below. B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues: See Fiscal Comments, below. 2. Expenditures: STORAGE NAME: h0439c.EDCA.doc PAGE: 8 DATE: 4/14/2009 f • See Fiscal Comments, below. C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: To the extent local governments choose to enact ordinances to permit the use of traffic infraction detectors there may be a fiscal impact to the private sector. Traffic infraction detectors will increase the scope of a local government's enforcement of red Tight violations, therefore increasing the possibility of a motor vehicle owner receiving a ticket for a red light violation. The fine for the ordinance violation, as determined by a traffic infraction detector, is $150. If a person chooses to contest the ticket, they may appear before a judge, but they are deemed to have waived the limitation of civil penalties imposed for the violation and, if the ticket is upheld by the judge, may be charged the $150 fine plus court costs. D. FISCAL COMMENTS: The Department of Health Administrative Trust Fund will receive one -fifth of all revenue generated by the bill. Ninety -six percent of this revenue will be directed to trauma centers, two percent will be distributed to non - trauma center hospitals, based on their proportional number of emergency -room visits and two percent will be distributed to provide an enhanced Medicaid payment to nursing homes that serve residents with brain and spinal cord injuries who are Medicaid recipients. The bill provides that three -fifths of the revenue generated by the tickets is retained by the local jurisdiction. As a result, there may be an increase in fine revenue for any local governments that choose to enact ordinances permitting the use of traffic infraction detectors. The amount of revenue is indeterminate, as the number of ordinance violations to be issued is unknown and depends on driver awareness and future behavior. The remaining one -fifth of the revenue collected is distributed pursuant to s. 318.21, F.S., which contains the general disposition of all civil penalties by county courts. Revenue distributed under this section benefits counties and municipalities as well as numerous judicial and administrative services, law enforcement, health and emergency services, and educational and vocational services. To the extent local governments choose to enact ordinances to permit the use of traffic infraction detectors there may be a fiscal impact to the local governments for the cost of the acquisition, installation and maintenance of the devices, the amount of which will vary depending on the negotiated agreement between the local government and any private vendor providing the equipment and service. The price of a traffic infraction detector ranges from $50,000 to $100,000 each. There may also be installation, maintenance and monitoring fees, based on the negotiated agreement. Local court systems may see a caseload increase, in the event that vehicle operators choose to contest tickets as permitted under the bill. Although the bill permits the court to impose a penalty "not to exceed $150 P lus court costs," may " there ma be an indeterminate cost to the local court system. Two state agencies will incur minor expenses as a result of this legislation. The bill requires the 9 P Department of Highway Safety and Motor Vehicles to collect reports from municipalities and to prepare an annual report for the Legislature. The bill also requires the Department of Transportation to prepare standards for traffic infraction detectors. 111. COMMENTS A. CONSTITUTIONAL ISSUES: 1. Applicability of Municipality /County Mandates Provision: STORAGE NAME: h0439c.EDCA.doc PAGE: 9 DATE: 4/14/2009 Not applicable because the bill does not appear to: require counties or cities to spend funds or take action requiring the expenditure of funds; reduce the authority that cities or counties have to raise revenues in the aggregate; or reduce the percentage of a state tax shared with cities or counties. 2. Other: None. B. RULE - MAKING AUTHORITY: The Department of Health will be required to develop rules regarding the weighting of scores to be applied to the distribution funds to verified trauma centers based on severity of trauma. The determination of severity for distribution of is to be based on the department's International Classification Injury Severity Scores or another statistically valid and scientifically accepted method of stratifying a trauma patient's severity of injury, risk of mortality, and resource consumption as adopted by the department by rule, weighted based on the costs associated with and incurred by the trauma center in treating trauma patients. C. DRAFTING ISSUES OR OTHER COMMENTS: None. IV. AMENDMENTS /COUNCIL OR COMMITTEE SUBSTITUTE CHANGES On March 4, 2009, the Roads, Bridges, and Ports Policy Committee reported HB 439 favorably with a strike- everything amendment. The amendment makes changes to the ordinance requirements necessary for municipalities to use traffic infraction detectors, including inserting a requirement that offenders attend basic traffic school, and allowing code enforcement officers to review ordinance violations. The amendment also • clarifies Department of Transportation right -of -way access issues — if a municipality enacts a suitable ordinance, the Department of Transportation shall issue permits to the county or its agents for appropriate installation of traffic infraction devices, • provides a one -year 'grandfather clause' for those Florida municipalities already engaged in the use of traffic infraction detectors, ® lengthens the amount of time cities have to notify offenders (from 14 days to 30 days), • adds another exemption to the ermitted ("medical reasons a person might violate a red light P P 9 9 ( emergency, ), and ® lengthens the period an alleged violator has to prepare an affidavit identifying a valid reason for violating a red Tight (from 20 to 30 days). On March 25, 2009, CS /HB 439 was amended in the Military & Local Affairs Policy Committee upon adoption of a proposed committee substitute and two amendments to the PCS. The analysis reflects the bill as amended. Specifically the PCS: ® restructures the disbursement formula of funds deposited in the Department of Health Administrative Trust Fund to account for two- percent to be distributed to provide an enhanced Medicaid payment to nursing homes that serve residents with brain and spinal cord injuries who are Medicaid recipients, and ® deletes the provision that required offenders to attend traffic school. Specifically the amendments to the PCS: Amendment 1 - recognizes and ratifies enforcement actions by local govemments using traffic cameras prior to the effective date of this act. Amendment 2 — Specifies that local govemments may install cameras only within their boundaries. STORAGE NAME: h0439c.EDCA.doc PAGE: 10 DATE: 4/14/2009 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS /CS /HB 439 2009 1 A bill to be entitled 2 An act relating to uniform traffic control; creating the 3 "Mark Wandall Traffic Safety Act "; amending s. 316.003, 4 F.S.; defining the term "traffic infraction detector "; 5 creating s. 316.0083, F.S.; creating the Mark Wandall 6 Traffic Safety Program to be administered by the 7 Department of Transportation; requiring a county or '8 municipality to enact an ordinance in order to use a 9 traffic infraction detector to identify a motor vehicle 10 that fails to stop at a traffic control signal steady red 11 light; requiring such detectors to meet department 12 contract specifications; requiring authorization of a 13 traffic infraction enforcement officer or a code 14 enforcement officer to issue and enforce a ticket for such 15 violation; requiring signage; requiring certain public 16 awareness procedures; requiring the ordinance to establish 17 a fine of a certain amount; requiring the ordinance to 18 provide for installing, maintaining, and operating such 19 detectors on rights -of -way owned or maintained by the 20 Department of Transportation, county, or municipality; 21 prohibiting additional charges; exempting emergency 22 vehicles; providing that the registered owner of the motor 23 vehicle involved in the violation is responsible and 24 liable for payment of the fine assessed; providing 25 exceptions; providing procedures for disposition and 26 enforcement of tickets; providing for a person to contest 27 such ticket; providing for disposition of revenue 28 collected; providing complaint procedures; providing for Page 1 of 15 CODING: Words stricken are deletions; words underlined are additions. hb0439 -02 -c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS /CS /HB 439 2009 29 the Legislature to exclude a county or municipality from 30 the program; requiring reports from participating 31 municipalities and counties to the department; requiring 32 the department to make reports to the Governor and the 33 Legislature; amending s. 316.0745, F.S.; providing that 34 traffic infraction detectors must meet certain 35 specifications; providing for preexisting equipment; 36 creating s. 316.0776, F.S.; providing for placement and 37 installation of detectors on the State Highway System, 38 county roads, and city streets; amending s. 316.1967, 39 F.S.; providing for inclusion of persons with outstanding 40 violations in a list sent to the department for 41 enforcement purposes; amending s. 395.4036, F.S.; 42 providing for distribution of funds to trauma centers, 43 certain hospitals, and certain nursing homes; ratifying 44 prior enforcement actions; providing for severability; 45 providing an effective date. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49 Section 1. This act may be cited as the "Mark Wandall= 50 Traffic Safety Act." 51 Section 2. Subsection (86) is added to section 316.003, 52 Florida Statutes, to read: 53 316.003 Definitions. - -The following words and phrases, 54 when used in this chapter, shall have the meanings respectively 55, ascribed to them in this section, except where the context 56 otherwise requires: Page 2 of 15 CODING: Words std are deletions; words underlined are additions. hb0439 -02 -c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS /CS /HB 439 2009 57 (86) TRAFFIC INFRACTION DETECTOR. - -A vehicle sensor 58 installed to work in conjunction with a traffic control signal 59 and a camera or cameras synchronized to automatically record two 60 or more sequenced photographic or electronic images or streaming 61 video of only the rear of a motor vehicle at the time the 62 vehicle fails to stop behind the stop bar or clearly marked stop 63 line when facing a traffic control signal steady red light. Any 64 ticket issued by the use of a traffic infraction detector must 65 include a photograph or other recorded image showing both the 66 license tag of the offending vehicle and the traffic control 67 device being violated. 68 Section 3. Section 316.0083, Florida Statutes, is created 69 to read: 70 316.0083 Mark Wandall Traffic Safety Program; 71 administration; report.- - 72 (1) There is created the Mark Wandall Traffic Safety 73 Program governing the operation of traffic infraction detectors. 74 The program shall be administered by the Department of 75 Transportation and shall include the following provisions: 76 (a) In order to use a traffic infraction detector, a 77 county or municipality must enact an ordinance that provides for 78 the use of a traffic infraction detector to enforce s. 79 316.075(1)(c), which requires the driver of a vehicle to stop 80 the vehicle when facing a traffic control signal steady red 81 light on the streets and highways under the jurisdiction of the 82 county or municipality. The traffic infraction detector must 83 conform to the contract specifications adopted by the Department 84 of Transportation under s. 316.0776. A county or municipality Page 3 of 15 CODING: Words stricken are deletions; words underlined are additions. hb0439 -02 -c2 ' F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS /CS /HB 439 2009 85 may install such detectors on state, county, or municipal 86 rights -of -way within the boundaries of that county or 87 municipality. Only a municipality may install or authorize the 88 installation of any such detectors within the incorporated area 89 of the municipality. A municipality may authorize the state or 90 county to install such detectors within its incorporated area. 91 Only a county may install or authorize the installation of any 92 such detectors within the unincorporated area of the county. A 93 county may authorize the state to install such detectors in the 94 unincorporated area of the county. A county or municipality that 95 operates a traffic infraction detector must authorize a traffic 96 infraction enforcement officer or a code enforcement officer to 97 issue a ticket for a violation of s. 316.075(1)(c) and to 98 enforce the payment of the ticket for such violation. This 99 paragraph does not authorize a traffic infraction enforcement 100 officer or a code enforcement officer to carry a firearm or 101 other weapon and does not authorize such an officer to make 102 arrests. The ordinance must require signs to be posted at 103 locations designated by the county or municipality providing 104 notification that a traffic infraction detector may be in use. 105 Such signage must conform to the specifications adopted by the 106 Department of Transportation under s. 316.0745. The ordinance 107 must provide for the county or municipality to install, 108 maintain, and operate traffic infraction detectors on a right - 109 of -way owned or maintained by the Department of Transportation 110 or on a right -of -way owned or maintained by the county or 111 municipality in which the traffic infraction detector is to be 112 installed. The ordinance must also require that the county or Page 4 of 15 CODING: Words stricken are deletions; words underlined are additions. hb0439 -02 -c2 F L O R I D A • H O U S E O F R E P R E S E N T A T I V E S CS /CS /HB 439 2009 113 municipality make a public announcement and conduct a public 114 awareness campaign of the proposed use of traffic infraction 115 detectors at least 30 days before commencing the enforcement 116 program. In addition, the ordinance must establish a fine of 117 $150 to be assessed against the registered owner of a motor 118 vehicle that fails to stop when facing a traffic control signal 119 steady red light as determined through the use of a traffic 120 infraction detector. Any other provision of law to the contrary 121 notwithstanding, an additional surcharge, fee, or cost may not 122 be added to the civil penalty authorized by this paragraph. 123 (b) When responding to an emergency call, an emergency 124 vehicle is exempt from any ordinance enacted under this section. 125 (c) A county or municipality must adopt an ordinance under 126 this section that provides for the use of a traffic infraction 127 detector in order to impose a fine on the registered owner of a 128 motor vehicle for a violation of s. 316.075(1)(c). The fine 129 shall be imposed in the same manner and is subject to the same 130 limitations as provided for parking violations under s. 131 316.1967. Except as specifically provided in this section, 132 chapter 318 and s. 322.27 do not apply to a violation of s. 133 316.075(1)(c) for which a ticket has been issued under an 134 ordinance enacted pursuant to this section. Enforcement of a 135 ticket issued under the ordinance is not a conviction of the 136 operator of the motor vehicle, may not be made a part of the 137 driving record of the operator, and may not be used for purposes 138 of setting motor vehicle insurance rates. Points under s. 322.27 139 may not be assessed based upon such enforcement. 140 (d) The procedures set forth in s. 316.1967(2) -(5) apply Page 5 of 15 CODING: Words std are deletions; words underlined are additions. hb0439 -02 -c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS /CS /HB 439 2009 141 to an ordinance enacted pursuant to this section, except that 142 the ticket must contain the name and address of the person 143 alleged to be liable as the registered owner of the motor 144 vehicle involved in the violation, the tag number of the motor 145 vehicle, the violation charged, a copy of the photographic image 146 or images evidencing the violation, the location where the 147 violation occurred, the date and time of the violation, 148 information that identifies the device that recorded the 149 violation, and a signed statement by a specifically trained 150 technician employed by the agency or its contractor that, based 151 on inspection of photographs or other recorded images, the motor 152 vehicle was being operated in violation of s. 316.075(1)(c). The 153 ticket must advise the registered owner of the motor vehicle 154 involved in the violation of the amount of the fine, the date by 155 which the fine must be paid, and the procedure for contesting 156 the violation alleged in the ticket. The ticket must contain a 157 warning that failure to contest the violation in the manner and 158 time provided is deemed an admission of the liability and that a 159 default may be entered thereon. The violation shall be processed 160 by the county or municipality that has jurisdiction over the 161 street or highway where the violation occurred or by any entity 162 authorized by the county or municipality to prepare and mail the 163 ticket. 164 (e) The ticket shall be sent by first -class mail addressed 165 to the registered owner of the motor vehicle and postmarked no 166 later than 30 days after the date of the violation. 167 (f)1. The registered owner of the motor vehicle involved 168 in a violation is responsible and liable for payment of the fine Page 6 of 15 CODING: Words stricken are deletions; words underlined are additions. hb0439 -02 -c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS /CS /HB 439 2009 169 assessed pursuant to this section unless the owner can establish 170 that: 171 a. The motor vehicle passed through the intersection in 172 order to yield right -of -way to an emergency vehicle or as part 173 of a funeral procession; 174 b. The motor vehicle passed through the intersection at 175 the direction of a law enforcement officer; 176 c. The motor vehicle was stolen at the time of the alleged 177 violation; 178 d. A uniform traffic citation was issued to the driver of 179 the motor vehicle for the alleged violation of s. 316.075(1)(c); 180 or 181 e. A medical emergency. 182 2. In order to establish any such fact, the registered 183 owner of the vehicle must, within 30 days after receipt of 184 notification of the alleged violation, furnish to the county or 185 municipality, as appropriate, an affidavit that sets forth 186 detailed information supporting an exemption as provided in sub - 187 subparagraph 1.a., sub - subparagraph 1.b., sub - subparagraph 1.c., 188 or sub- subparagraph 1.d. For an exemption under sub - subparagraph 189 1.c., the affidavit must set forth that the vehicle was stolen 190 and be accompanied by a copy of the police report indicating 191 that the vehicle was stolen at the time of the alleged 192 violation. For an exemption under sub-subparagraph 1.d., the p 193 affidavit must set forth that a citation was issued and be 194 accompanied by a copy of the citation indicating the time of the 195 alleged violation and the location of the intersection where it 196 occurred. Page 7 of 15 CODING: Words stfic#ee are deletions; words underlined are additions. hb0439 -02 -c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS /CS /HB 439 2009 197 (g) A person may contest the determination that such 198 person failed to stop at a traffic control signal steady red 199 light as evidenced by a traffic infraction detector by electing 200 to appear before any judge authorized by law to preside over a 201 court hearing that adjudicates traffic infractions. A person who 202 elects to appear before the court to present evidence is deemed 203 to have waived the limitation of civil penalties imposed for the 204 violation. The court, after hearing, shall determine whether the 205 violation was committed and may impose a civil penalty not to 206 exceed $150 plus costs. The court may take appropriate measures 207 to enforce the collection of any penalty not paid within the 208 time permitted by the court. 209 (h) A certificate sworn to or affirmed by a person 210 authorized under this section who is employed by or under 211 contract with the county or municipality where the infraction 212 occurred, or a facsimile thereof that is based upon inspection 213 of photographs or other recorded images produced by a traffic 214 infraction detector, is P rima facie evidence of the facts 215 contained in the certificate. A photograph or other recorded 216 image evidencing a violation of s. 316.075(1)(c) must be 217 available for inspection in any proceeding to adjudicate 218 liability under an ordinance enacted pursuant to this section. 219 (i) In any county or municipality in which tickets are 220 issued as provided in this section, the names of persons who 221 have one or more outstanding violations may be included on the 222 list authorized under s. 316.1967(6). 223 (2) Of the fine imposed pursuant to paragraph (1)(a) or 224 paragraph (1)(g), one -fifth shall be remitted by the county or Page 8 of 15 CODING: Words stricken are deletions; words underlined are additions. hb0439 -02-c2 ' F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS /CS /HB 439 2009 225 municipality to the county court for distribution as provided in 226 s. 318.21, one -fifth shall be remitted to the Department of 227 Revenue for deposit into the Department of Health Administrative 228 Trust Fund, and three - fifths shall be retained by the county or 229 municipality enforcing the ordinance enacted pursuant to this 230 section. Funds deposited into the Department of Health 231 Administrative Trust Fund under this subsection shall be 232 distributed as provided in s. 395.4036(1). 233 (3) A complaint that a county or municipality is employing 234 traffic infraction detectors for purposes other than the 235 promotion of public health, welfare, and safety or in a manner 236 inconsistent with this section may be submitted to the governing 237 body of such county or municipality. Such complaints, along with 238 any investigation and corrective action taken by the county or 239 municipal governing body, shall be included in the annual report 240 to the Department of Transportation and in that department's 241 annual summary report to the Governor, the President of the 242 Senate, and the Speaker of the House Representatives, as 243 required by this section. Based on its review of the report, the 244 Legislature may exclude a county or municipality from further . 245 participation in the program. 246 (4)(a) Each county or municipality that operates a traffic 247 infraction detector shall submit an annual report to the 248 Department of Transportation that details the results of using 249 the traffic infraction detector and the procedures for 250 enforcement. 251 (b) The Department of Transportation shall provide an 252 annual summary report to the Governor, the President of the Page 9 of 15 CODING: Words stricken are deletions; words underlined are additions. hb0439 -02 -c2 ' F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS /CS /HB 439 2009 253 Senate, and the Speaker of the House of Representatives 254 regarding the use and operation of traffic infraction detectors 255 under this section. The summary report must include a review of 256 the information submitted to the Department of Transportation by 257 the counties and municipalities and must describe the 258 enhancement of the traffic safety and enforcement programs. The 259 Department of Transportation shall report its recommendations, 260 including any necessary legislation, on or before December 1, 261 2010, to the Governor, the President of the Senate, and the 262 Speaker of the House of Representatives. 263 Section 4. Subsection (6) of section 316.0745, Florida 264 Statutes, is amended to read: 265 316.0745 Uniform signals and devices.- - 266 (6)(a) Any system of traffic control devices controlled 267 and operated from a remote location by electronic computers or 268 similar devices must ohall meet all requirements established for 269 the uniform system, and, if whcrc such a system affects 3y3tcm3 270 affcct the movement of traffic on state roads, the design of the 271 system must shall be reviewed and approved by the Department of 272 Transportation; however, any such equipment acquired by 273 purchase, lease, or other arrangement pursuant to an agreement 274 entered into by a county or municipality prior to the effective 275 date of this act or equipment used to enforce an ordinance 276 enacted by a county or municipality prior to the effective date 277 of this act shall not be required to meet the specifications 278 established for the uniform system until September 30, 2010. 279 (b) Any traffic infraction detector deployed on the 280 streets and highways of the state must meet the specifications Page 10 of 15 CODING: Words stricken are deletions; words underlined are additions. hb0439 -02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS /CS /HB 439 2009 281 established by the Department of Transportation and must be 282 tested at regular intervals according to procedures prescribed 283 by that department. 284 Section 5. Section 316.0776, Florida Statutes, is created 285 to read: 286 316.0776 Traffic infraction detectors; placement and 287 installation. -- Placement and installation of traffic infraction 288 detectors is allowed on the State Highway System, county roads, 289 and city streets pursuant to specifications developed by the 290 Department of Transportation, so long as the safety and 291 operation of the road facility is not impaired. 292 Section 6. Subsection (6) of section 316.1967, Florida 293 Statutes, is amended to read: 294 316.1967 Liability for payment of parking ticket 295 violations and other parking violations.-- 296 (6) Any county or municipality may provide by ordinance 297 that the clerk of the court or the traffic violations bureau 298 shall supply the department with a magnetically encoded computer 299 tape reel or cartridge or send by other electronic means data 300 which is machine readable by the installed computer system at 301 the department, listing persons who have three or more 302 outstanding parking violations, including violations of s. 303 316.1955, or who have one or more outstanding tickets for a 304 violation of a traffic control signal steady red light 305 indication issued pursuant to an ordinance adopted under s. 306 316.0083. Each county shall provide by ordinance that the clerk 307 of the court or the traffic violations bureau shall supply the 308 department with a magnetically encoded computer tape reel or Page 11 of 15 CODING: Words stricken are deletions; words underlined are additions. hb0439 -02 -c2 F L O R I D A • H O U S E O F R E P R E S E N T A T I V E S CS /CS /HB 439 2009 309 cartridge or send by other electronic means data that is machine 310 readable by the installed computer system at the department, 311 listing persons who have any outstanding violations of s. 312 316.1955 or any similar local ordinance that regulates parking 313 in spaces designated for use by persons who have disabilities. 314 The department shall mark the appropriate registration records 315 of persons who are so reported. Section 320.03(8) applies to 316 each person whose name appears on the list. 317 Section 7. Subsection (1) of section 395.4036, Florida 318 Statutes, is amended to read: 319 395.4036 Trauma payments. -- 320 (1) Recognizing the Legislature's stated intent to provide 321 financial support to the current verified trauma centers and to 322 provide incentives for the establishment of additional trauma 323 centers as part of a system of state - sponsored trauma centers, 324 the department shall use utilizc funds collected under ss. 325 316.0083 and s— 318.18(15) and deposited into the Administrative 326 Trust Fund of the department to ensure the availability and 327 accessibility of trauma and emergency services throughout the 328 state as provided in this subsection. 329 (a) Funds collected under ss. 316.0083 and 318.18(15) 330 shall be distributed as follows: 331 1.(a) Twenty percent of the total funds collected under s. 332 316.0083 and 20 percent of the total funds collected under s. 333 318.18(15) thi3 oubocction during the state fiscal year shall be 334 distributed to verified trauma centers that have a local funding 335 contribution as of December 31. Distribution of funds under this 336 paragraph shall be based on trauma caseload volume for the most Page 12 of 15 CODING: Words stricken are deletions; words underlined are additions. hb0439 -02 -c2 ' F L O R I D A H O U S E O F R E P R E S E N T A T I V E S • CS /CS /HB 439 2009 337 recent calendar year available. 338 2.(b) Thirty -eight percent of the total funds collected 339 under s. 316.0083 and 40 forty percent of the total funds 340 collected under s. 318.18(15) this subsection shall be 341 distributed to verified trauma centers based on trauma caseload 342 volume for the most recent calendar year available. The 343 determination of caseload volume for distribution of funds under 344 this paragraph shall be based on the department's Trauma 345 Registry data. 346 3.(c) Thirty -eight percent of the total funds collected 347 under s. 316.0083 and 40 forty percent of the total funds 348 collected under s. 318.18(15) this Subsection shall be 349 distributed to verified trauma centers based on severity of 350 trauma patients for the most recent calendar year available. The 351 determination of severity for distribution of funds under this 352 paragraph shall be based on the department's International 353 Classification Injury Severity Scores or another statistically 354 valid and scientifically accepted method of stratifying a trauma 355 patient's severity of injury, risk of mortality, and resource 356 consumption as adopted by the department by rule, weighted based 357 on the costs associated with and incurred by the trauma center 358 in treating trauma patients. The weighting of scores shall be 359 established by the department by rule. 360 4. Two percent of the total funds collected under s. 361 316.0083 shall be distributed to public hospitals that qualify 362 for distributions under s. 409.911(4), that are not verified 363 trauma centers but are located in trauma service areas, as 364 defined under s. 395.402, and that do not have a verified trauma Page 13 of 15 CODING: Words stricken are deletions; words underlined are additions. hb0439 -02 -c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS /CS /HB 439 2009 365 center based on their proportionate number of emergency room 366 visits on an annual basis. The Agency for Health Care 367 Administration shall provide the department with a list of 368 public hospitals and emergency room visits. 369 5. Two percent of the total funds collected under s. 370 316.0083 shall be distributed to provide an enhanced Medicaid 371 payment to nursing homes that serve residents with brain and 372 spinal cord injuries who are Medicaid recipients. 373 (b) Funds deposited in the department's Administrative 374 Trust Fund for verified trauma centers may be used to maximize 375 the receipt of federal funds that may be available for such 376 trauma centers and nontrauma center public hospitals. 377 Notwithstanding this section and s. 318.14, distributions to 378 trauma centers may be adjusted in a manner to ensure that total 379 payments to trauma centers represent the same proportional 380 allocation as set forth in this section and s. 318.14. For 381 purposes of this section and s. 318.14, total funds distributed 382 to trauma centers may include revenue from the Administrative 383 Trust Fund and federal funds for which revenue from the 384 Administrative Trust Fund is used to meet state or local 385 matching requirements. Funds collected under ss. 318.14, 386 316.0083, and 318.18(15) and deposited in the Administrative 387 Trust Fund of the department shall be distributed to trauma 388 centers and nontrauma center public hospitals on a quarterly 389 basis using the most recent calendar year data available. Such 390 data shall not be used for more than four quarterly 391 distributions unless there are extenuating circumstances as 392 determined by the department, in which case the most recent Page 14 of 15 CODING: Words stricken are deletions; words underlined are additions. hb0439 -02 -c2 ' F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS /CS /HB 439 2009 393 calendar year data available shall continue to be used and 394 appropriate adjustments shall be made as soon as the more recent 395 data becomes available. 396 Section 8. This act recognizes and ratifies any 397 enforcement action taken by a county or municipality using a 398 traffic infraction detector that was installed before the 399 effective date of this act. 400 Section 9. If any provision of this act or its application 401 to any person or circumstance is held invalid, the invalidity 402 shall not affect other •rovisions or a..lications of this act 403 which can be given effect without the invalid provision or 404 application, and to this end the provisions of this act are 405 declared severable. 406 Section 10. This act shall take effect upon becoming a 407 law. Page 15 of 15 CODING: Words stricken are deletions; words underlined are additions. hb0439 -02 -c2 rage 1 oI L Doppler, Carol From: Bressner, Kurt Sent: Monday, April 27, 2009 2:24 PM To: Atwood, Barry Cc: LeJeune, Carisse; Immler, Matt; Kelley, Michael; Doppler, Carol; Livergood, Jeffrey; 'Cherof James' Subject: RE: HB439 - Red Light Camera Statute Good summary. HB439 would allow cameras to be installed on signal gear within ROW so that should reduce the company's costs - - -- however don't forget the insurance and hold harmless language that I'll be will be included in any agreement between the County /State and the contractors. That said, for agenda planning purposes, think 9 P 9P oses P we need to assume the bill will not ass and consider some kind of cancellation or amendment dment process that would allow the business terms to be revisited if legislation passes. Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310, Boynton Beach, FL 33425 -0310 (561) =742 -6010 (office) or (561) 436 -2328 (cell) http://www.boynton- beach.org From: Atwood, Barry Sent: Monday, April 27, 2009 2:17 PM To: Bressner, Kurt Cc: LeJeune, Carisse; Immler, Matt; Kelley, Michael; Doppler, Carol; Livergood, Jeffrey; 'Cherof James' Subject: RE: HB439 - Red Light Camera Statute Finances: Many contracts are the same: (Listing attached) € First (2) paid citations per day /per camera $47.50 ea, Next (2) per day /per camera $27.50 ea, • Additional per day /per camera $17.50 ea • Although the most recent contract date (Royal Palm Beach) is 3 (vs. 2) citations per day /per camera @ $47.50 ea. The latest version of the State legislation keeps 2/5 of the $150 per ticket in Tallahassee leaving us $90 per ticket to pay the above: Question: • It seems that 1 heard early on that the contractor would have to install separate poles to mount the cameras plus related issues to get that accomplished. ® Is it in the legislation that the contractor can now use existing State poles to mount the cameras? o If so, wouldn't their cost be considerably less? o Therefore, can we piggyback with lower payments to the contractor? o All prices are in an Attachment and other things change in various Attachments (e.g., camera locations) o 1 would say "YES'; but 1 promised Jim that I would not practice lave. Contract Term: Several, which I prefer, are for 5 years with (2) 5 year renewals for a total of 15 years. 4/28/2009 Page 2 of 2 Which contracts Have both of above: e Aventura (Attached) • Bal Harbour ® Homestead Are there other differences? Barry Original Message From: Bressner, Kurt Sent: Monday, April 20, 2009 8:14 AM To: Atwood, Barry; Immler, Matt Cc: LeJeune, Carisse; Welsh, Pam Subject: FW: HB439 - Red Light Camera Statute Latest version. Since this item is up on the agenda on Tuesday night, I need a short staff analysis. Please collaborate and get to me by noon on Tuesday. I am also attaching the County's Week 7 Legislative Report. The table of contents lists this legislation so you might find some information there also. Thanks, Kurt Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310, Boynton Beach, FL 33425 -0310 (561)- 742 -6010 (office) or (561) 436 -2328 (cell) http: / /www.boynton- beach.org Original Message From: Kurt Bressner [ mailto:kbressner @bellsouth.net] Sent: Sunday, April 19, 2009 3:14 PM To: Bressner, Kurt Subject: HB439 Latest Committee version and staff report as of 4/14/09. 4/28/2009 Page 1 of 3 Doppler, Carol From: Immler, Matt Sent: Monday, April 27, 2009 2:35 PM To: Bressner, Kurt; Atwood, Barry Cc: LeJeune, Carisse; Kelley, Michael; Doppler, Carol; Livergood, Jeffrey; 'Cherof James' Subject: RE: HB439 - Red Light Camera Statute Attachments: image001.jpg According to the Senate /House website it appears that the house bill passed and was sent to the Senate earlier today. The bill now before the Senate maintains the "ninety dollars to the municipality" language. • G. Matthew Immler Chief of Police =t- City of Boynton Beach 1 561- 742 -6101 immlerm @ci. boynton-beachf 1. us From: Bressner, Kurt Sent: Monday, April 27, 2009 2:24 PM To: Atwood, Barry Cc: LeJeune, Carisse; Immler, Matt; Kelley, Michael; Doppler, Carol; Livergood, Jeffrey; 'Cherof James' Subject: RE: HB439 - Red Light Camera Statute Good summary. HB439 would allow cameras to be installed on signal gear within ROW so that should reduce the company's costs - -- however don't forget the insurance g nsurance and hold harmless language that I II be will be included d in any agreement between the County /State and the contractors. That said, for agenda planning purposes, I think we need to assume the bill will not pass and consider some kind of cancellation or amendment process that would allow the business terms to be revisited if legislation passes. Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310, Boynton Beach, FL 33425 -0310 (561)- 742 -6010 (office) or (561) 436 -2328 (cell) http://www.boynton- beach.org From: Atwood, Barry Sent: Monday, April 27, 2009 2:17 PM To: Bressner, Kurt Cc: LeJeune, Carisse; Immler, Matt; Kelley, Michael; Doppler, Carol; Livergood, Jeffrey; 'Cherof James' Subject: RE: HB439 - Red Light Camera Statute Finances: Many contracts are the same: (Listing attached) • First (2) paid citations per day /per camera $47.50 ea, Next (2) per day /per camera $27.50 ea, • Additional per day /per camera $17.50 ea e Although the most recent contract date (Royal Palm Beach) is 3 (vs. 2) citations per day /per 4/28/2009 Page 2 of 3 camera @ $47.50 ea. The latest version of the State legislation keeps 2/5 of the $150 per ticket in Tallahassee leaving us $90 per ticket to pay the above: Question: e It seems that I heard early on that the contractor would have to install separate poles to mount the cameras plus related issues to get that accomplished. o Is it in the legislation that the contractor can now use existing State poles to mount the cameras? o If so, wouldn't their cost be considerably less? o Therefore, can we piggyback with lower payments to the contractor? o All prices are in an Attachment and other things change in various Attachments (e.g., camera locations) o 1 would say "YES ", but I promised Jim that I would not practice law. Contract Term: Several, which I prefer, are for 5 years with (2) 5 year renewals for a total of 15 years. Which contracts Have both of above: • Aventura (Attached) e Bal Harbour • Homestead Are there other differences? Barry Original Message From: Bressner, Kurt Sent: Monday, April 20, 2009 8:14 AM To: Atwood, Barry; Immler, Matt Cc: LeJeune, Carisse; Welsh, Pam Subject: FW: HB439 - Red Light Camera Statute Latest version. Since this item is up on the agenda on Tuesday night, I need a short staff analysis. Please collaborate and get to me by noon on Tuesday. I am also attaching the County's Week 7 Legislative Report. The table of contents lists this legislation so you might find some information there also. Thanks, Kurt Kurt Bressner, City Manager City Box 310, Boynton Beach, FL 33425-0310 561)- Beach, 0 742-6010(offic )n Beach P.O. (office) 436 -2328 (cell) http: / /www.boynton- beach.org Original Message From: Kurt Bressner [ mailto:kbressner @bellsouth.net] Sent: Sunday, April 19, 2009 3 :14 PM To: Bressner, Kurt Subject: HB439 4/28/2009 Page 3 of 3 Latest Committee version and staff report as of 4/14/09. 4/28/2009 FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Fourth Amendment (this "Amendment ") is dated effective this i' �� day of August, 2015 and is entered into between American Traffic Solutions, Inc. ( "ATS" or "Vendor"), a corporation duly registered under the laws of the State of Kansas with its principal place of business at 1330 West Southern Avenue, Tempe, Arizona 85282 and the City of Boynton Beach, Florida ( "City" or "Customer"), a municipal corporation of the State of Florida (each individually a "Party" and collectively the "Parties "). RECITALS WHEREAS, on August 3, 2009, the City and ATS entered into a Professional Services Agreement, which was subsequently amended on or about September 16, 2010 (First Amendment), on or about January 17, 2013 (Second Amendment) and on or about September 13, 2013 (Third Amendment), which together constitute the "Agreement" referred to herein; and WHEREAS, on October 15, 2014, a panel of the Fourth District Court of Appeals for the State of Florida rendered an opinion on a motion for rehearing in the case styled City of Hollywood v. Arem, No. 4D12 -1312 (the "Arem Decision ") which has resulted in the parties reviewing the City's program; and WHEREAS, ATS and the City contest the merits of the Arem Decision and its applicability to the City's red light camera program and by agreeing to this Amendment in no way embrace the decision or waive their respective positions that the Arem Decision does not apply to the City of Boynton Beach; and WHEREAS, the second review described in this Amendment is consistent with the course of dealing of the Parties since the inception of the Agreement, in that the City's Traffic Infraction Enforcement Officers have always conducted a second review prior to issuing a Uniform Traffic Citation; and WHEREAS, on August 4, 2015, the City implemented certain revised processes for its red light camera program. TERMS AND CONDITIONS NOW THEREFORE, Customer and ATS hereby agree as set forth below: 1. The amendment of Definitions - Section 1.1 as stated in Amendment No. 1 to the Agreement is hereby replaced with the following: " "Authorized Employee" means a sworn law enforcement officer ( "LEO "); Traffic Infraction Enforcement Officer ( "TIEO "), or any other City employee who performs duties related to the City's red Tight camera program, including but not limited to the duties and qualifications set forth in Florida Statutes, Title XXIII, Motor Vehicles, as may be amended from time to time. Throughout the entire Agreement between the City and ATS and all amendments thereto, any and all references to "Authorized Employee ", "Traffic Infraction Enforcement Officer", "TIEO ", "officer", or "LEO" shall be interchangeable. 2. The amendment of Section 1.20 as stated in Amendment No. 1 to the Agreement is hereby replaced with the following: "Recorded Images" 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 made available to the Authorized Employee within the Vendor System to review for the purpose of determining if probable cause exists that a violation or infraction occurred." (00089814.13060806020 ) 3. Exhibit B and Exhibit D of Amendment No. 1 to the Agreement are hereby deleted and replaced in their entirety by the new Exhibit B and Exhibit D that are attached to this Fourth Amendment of the Agreement between the parties. 4. ATS shall issue the City a three -month credit (the "Credit "), which will be applied by ATS agreeing to waive the outstanding unpaid invoice for June 2015 and a credit for the amounts to be invoiced for the billing periods of July and August 2015. For the avoidance of doubt, for purposes of the Flexible Payment Plan provided for in Section 6 of the Agreement as stated in Section 14 of Amendment No. 1, the Credit shall not be treated as though the City paid the amounts due to ATS for the billing periods of June, July, and August, but rather the invoices for the months of June, July and August will not be included in any calculation related to the Flexible Payment Plan. Any funds received by the City during the months of June, July, and August shall be treated as "additional funds" retained by the City for purposes of the Flexible Payment Plan. 5. Effective as of August 1, 2015 and for the remaining term of the Agreement between the City and ATS, the monthly per- camera fee shall be $4,250.00 per camera for any and all cameras or approaches which are a part of the City's red Tight camera program. 6. The City agrees to exercise its right under the Agreement to extend the term of the Agreement for another five (5) years, with one five (5) year renewal term remaining. The current term will now expire on May 14, 2021. Section 2.0 of the Agreement is amended by adding the following: "The City may at its option, terminate this Agreement with no penalties for any reason on December 31, 2016, by providing written notice of its intent to terminate the Agreement to ATS on or before October 3, 2016." 7. The provisions of the Agreement, as amended by this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement shall remain in full force and effect. In the event of a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail and control. 8. 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 SIGNATURE PAGE FOLLOWS] {00089814.13060806020) Page 2 of 10 IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment. CITY OF BOYNTON BEACH, FLORIDA By: / 7 VI ayor Date APPROVED AS T ' • RM: ATTEST: By: AI/AAA/ 1 Br �� /7 /S ity Attorne, Date City Clerk ,bat e/ 'E O AMERIC TRAFFIC • L - IONS, INC. r 1 /ji t) /i David M. Roberts, President Date ,T a, P� , {00089814.1306- 0806020 Page 3 of 10 EXHIBIT B Construction and Installation Obligations Timeframe for Installation: Photo Red Light Enforcement Program 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 City pursuant to Exhibit A. 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. 1. 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 Intersection(s) (collectively, the "Approvals "), which will include compliance with City permit applications. In the event there is a cost associated with acquiring these approvals other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case -by -case basis. 1.5 Vendor will rovide reasonable administrative assistance to the City in the development P Y P of a letter in support of a Traffic Infraction Detector at intersection(s) requested. In addition, and if required, Vendor will provide reasonable assistance to the City with a traffic engineering study supporting the installation of a Traffic Infraction Detector at the location(s) requested by the City. 1.6 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. In the event there is a cost associated with acquiring these rights other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case -by- case basis. 1.7 Vendor shall apply and become a Florida Department of Highway Safety and Motor Vehicles (DHSMV) approved E- Citation Vendor. 1.8 Submit to the City a public awareness strategy for the City's consideration and approval, which strategy shall include media and educational materials for the City's approval or amendment according to the ATS proposal (the "Awareness Strategy "). 1.9 [Deleted] {00089814.1306-0806020) Page 4 of 10 1.10 Implement the City's business rules as reflected in the City's Red Light Camera Business Rules Questionnaire, as such may be amended from time to time, and Enforcement Documentation consistent with the requirements of the State Law; provided, however, the City shall provide the Vendor a form of Notice of Violation and Uniform Traffic Citation with the understanding that some modifications may be necessary to enable use with Vendor System or to comply with the State Law. The City's business rules are incorporated into this Agreement as if fully set forth herein. The City's business rules may be amended from time to time as authorized by the City Manager or the City Manager's designee. Such amendments to the City's business rules shall not require an amendment to this agreement and shall not require City Commission Approval. With the exception of amendments required to comply with judicial decisions or changes in law, if an amendment requested by the City to the City's business rules increases any cost to the Vendor, the Vendor shall provide the City with an estimate of the additional costs and the City shall be responsible for such costs if approved by the City to proceed with the amendment to the City's business rules. If an amendment is required to comply with a judicial decision or a change in law and said amendment increases any cost to the City or the Vendor, the Vendor and City shall negotiate a reasonable allocation of the costs. 1.11 The Vendor System shall facilitate the Authorized Employee's providing by electronic transmission a replica of the Uniform Traffic Citation data to the Broward County Court. The Vendor shall be responsible for its own development costs. The City and Vendor shall address any development costs charged by the City, the court or a third party Vendor on a case by case basis. 1.12 Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersections (under the supervision of the City). 1.13 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. 1.14 Install and test the functionality of the Designated Intersections with the Vendor System and establish fully operational Violation processing capability with the Vendor System. 1.15 Implement the use of the Vendor System at each of the Designated Intersections. 1.16 Deliver the Materials to the City. 1.17 Within five (5) business days after the Recorded Image is collected by the traffic infraction detector, the Vendor System shall make all Recorded Images accessible for review by the City's Authorized Employee. 1.18 Upon a finding by the City's Authorized Employee that probable cause exists that a violation occurred, the Authorized Employee may issue a Notice of Violation. Once the Authorized Employee has issued the Notice of Violation, the Vendor shall perform the ministerial task of printing and mailing the Notice of Violation that has been issued by the Authorized Employee. 1.19 If the Civil Penalty is unpaid or the recipient of the Notice of Violation does not file an affidavit of non - responsibility that does not meet the requirements of the State Law within the time set forth in the State Law, then within five (5) business days after the expiration of time, place the unpaid Notice of Violation into the Traffic Citation Queue, for review by the City's Traffic Enforcement Officer to authorize the issuance of a Traffic Citation pursuant to the State Law. Upon a finding by the City's Authorized Employee that probable cause exists that a violation occurred, the Authorized Employee may issue a Uniform Traffic Citation. Once the Authorized Employee has issued the Uniform Traffic Citation, the Vendor shall perform the ministerial task of {00089814.1306- 0806020} Page 5 of 10 printing and mailing the Uniform Traffic Citation that has been issued by the Authorized Employee. 1.20 Obtain access to the records data of the Department of Motor Vehicles in Vendor's capacity as needed for the program. 1.21 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 Photo Red Light Enforcement Program, regarding the operation of the Vendor System and the Photo Red Light Enforcement Program. This shall include training with respect to the Vendor System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation. 1.22 Assist the City with its interactions with the court and judicial personnel regarding the implementation of the Vendor System for hearing on Traffic Citations, the development of a subpoena processing timeline that will permit the offering of Violations Data in hearings and judicial proceedings, and coordination between Vendor, the City and the applicable court. 1.23 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 State Law Photo Red Light Enforcement Program. 1.24 Vendor agrees to provide a secure website (www.violationinfo.com) accessible to Owners who have received Notices of Violation by means of a Notice # and PIN, which will allow Violation image and video viewing. As part of the secure website, ATS will provide a Frequently Asked Questions (F.A.Q.) page. Vendor will provide this secure website on a 24 -hour basis, barring downtime for maintenance, normal servicing activities, or other unforeseen circumstances arising out of causes beyond the reasonable control of ATS (e.g. acts of God, acts of a public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually severe weather etc.). 1.25 Notice to Motorists. Not Tess than fifteen (15) days prior to the issuance of notices of violations from a newly installed camera at an approved intersection, Vendor will provide temporary sign notification at no cost to the City, approved by the City's Police Department and Engineer, for the purpose of providing notice to motorists of the activation date. Signs will provide notice of the presence of cameras and the activation date. Additionally, Vendor shall coordinate public relations efforts with the City, including assisting the City with press releases and other public information items, the costs of which shall be Vendor's responsibility, as may be decided to be necessary by the parties for each camera. 2. 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 PHOTO RED LIGHT ENFORCEMENT PROGRAM. 2.4 Assist and cooperate 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 Photo Red Light Enforcement Program. (00089814.1 3060806020) Page 6 of 10 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. 2.8 Develop the Red Light Violation Criteria consistent with the State Law. 2.9 Seek approval of the Enforcement Documentation. 2.10 The City shall 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. Vendor acknowledges that access to power and signal cabinets may require approval from Florida Power and Light, Florida Department of Transportation or Palm Beach County Traffic Engineering Division, as necessary. 2.12 The Traffic Infraction Enforcement Officer shall process each potential violation in accordance with State Laws and /or City Ordinances within five (5) business days of its appearance in the Notice of Violation Review Queue, and determine which violations 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. 2.13. Within five (5) business days of its appearance in the Traffic Citation Review Queue, for unpaid Notices of Violation, the Traffic Infraction Enforcement Officer shall process the violation and determine whether to issue a Traffic Citation, or as soon as reasonably practical in the event of technical difficulties, power outages, or other circumstances beyond the City's control. 2.14 City shall provide its own Internet connection to operate the Vendor System to allow for the Authorized Employee to review and process Recorded Images, issue Notices of Violation and issue Uniform Traffic Citations, and provide copies of the Uniform Traffic Citations to the court. 2.15 Vendor shall 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 Police Department shall provide signatures of all authorized police users who will review events and approve citations on forms provided by ATS and approved by the City. 2.18 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 {00089814.1306- 0806020) Page 7 of 10 coordinate to facilitate appropriate communications access while maintaining required security measures. 2.19 City shall provide a computer terminal at a public- location where persons receiving Notices of Violation may review the recorded images of the violation. 100089814.1 306. 0806020) Page 8 of 10 EXHIBIT D Infraction Processing 1. All Infractions Data shall be stored on the Vendor System. 2. The Vendor System shall process Violations 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 Customer's agent for the limited purpose of collecting Recorded Images for the Authorized Employee to review and for the City's Traffic Infraction Enforcement Officer to determine if probable cause exists that a Violation has occurred. Vendor shall provide the Customer with access to any and all Recorded Images captured by the Camera System and automatically uploaded into the Vendor System. Notwithstanding any other provision in the Agreement, Vendor shall not have any authority or discretion to select which Recorded Images are accessed and reviewed by the Authorized Employee. All work Vendor performs in this regard shall be at the express direction and control of the Customer. 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 Violations identified for prosecution for a period of time of not less than four (4) years after final disposition of a case. 6. Vendor shall provide Authorized Employees with access to the Vendor System for the purposes of reviewing the pre - processed Violations Data within five (5) days of the gathering of the Violations Data from the applicable Designated Intersections, and as to the issuance of Traffic Citations, within five (5) days of the expiration of the time frame under the State Law when a recipient of a Notice of Violation fails to pay the, penalty or submit an affidavit of non - responsibility that satisfied the requirements of the State Law. 7. The Authorized Employee shall use the Vendor System to review the Recorded images to determine if probable cause exists that a violation occurred and for the Authorized Employee to determine whether a Notice of Violation shall be issued and the Authorized Employee shall make such determination within five (5) days of the Recorded images being made available in the Police Review Queue of the Vendor System. As to the issuance of the Uniform Traffic Citation by the City's Authorized Employee, the Authorized Employee shall review the Recorded Images a second time within five (5) days of the Recorded Images being made available in the Vendor System after the expiration of the statutory time period allowed for the alleged violator to have responded to the issued Notice of Violation. If the Authorized Employee issues a Uniform Traffic Citation, within two (2) days after the issue date on the Uniform Traffic Citation, the Vendor System shall make available on the designated City FTP site a replica of the UTC and related metadata for review by the Authorized Employee and for the electronic transmission of the replica UTC by the Authorized Employee to the court having jurisdiction over the alleged violation. VENDOR HEREBY ACKNOWLEDGES AND AGREES THAT A DECISION TO ISSUE A NOTICE OF VIOLATION AND /OR A UNIFORM TRAFFIC CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE CITY'S AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION CONSISTENT WITH STATE LAW (AN "ISSUANCE DECISION "), AND IN NO EVENT SHALL VENDOR HAVE THE ABILITY OR AUTHORIZATION TO MAKE ANY DETERMINATIONS RELATED TO AN ISSUANCE DECISION. 8. With respect to each Issuance Decision where the Authorized Employee found that probable cause existed that a violation occurred, the City's Authorized Employee shall use the Vendor System to cause the Vendor to perform the ministerial task of printing and mailing the Notice of {00089914.1 3060806020 i Page 9 of 10 Violation or Uniform Traffic Citation, and Vendor shall print and mail such Notice of Violation or Uniform Traffic Citation within five (5) days after the Issuance Decision is made by the City's Authorized Employee. 9. Vendor shall provide a toll -free telephone number, at its sole expense, for the purposes of answering citizen inquiries. 10. The Vendor shall permit the City's Authorized Employees to use the Vendor Standard Report System to download and print reports to allow the City to have oversight and continuous or periodic review of all actions taken within the Vendor System related to the Recorded Images uploaded into the Vendor System from the traffic infraction detector. 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 Photo 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 prepare and provide to City a Notice of Violation form that complies with all requirements of the State Law. 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 or written request by an owner who has received a Notice of Violation or Traffic Citation. Vendor agrees that the city shall have the right to review and approve the form Notice of Violation and affidavit prior to their use, and that in the event City determines additional information should be included in the forms prior to their use or after implementation, Vendor shall modify the forms at its sole expense, to comply with those requirements, subject only -to space limitations on the notice paper. City shall provide a Traffic Citation form to Vendor with the understanding that some modifications may be necessary to enable use with Vendor's systems and to comply with State Law. 15. Vendor is authorized as the City's agent to receive funds paid by red light camera violators. To facilitate this agency, ATS will establish a demand deposit account bearing the title, "American Traffic Solutions, Inc. as agent for the City of Boynton Beach" at U.S. Bank. All funds received by Vendor on behalf of the City will be deposited in this account and transferred by wire the second business day of each week to the City's primary deposit bank. The City will identify the account to collect funds wired from U.S. Bank. If desired, City will sign a W -9 and account agreement, to be completed by the City, to ensure the City's financial interest in said U.S, Bank account is preserved. (00089814.1 306 - 0806020) Page 10 of 10 R !3 -o THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Third Amendment (this "Amendment ") is dated effective this 13 day of 51044•••—, 2013 and is entered into between American Traffic Solutions, Inc. ( "ATS "), a Kansas corporation and the City of Boynton Beach ( "Customer "), a municipal corporation of the State of Florida. RECITALS WHEREAS, on August 3, 2009, Customer and ATS entered into a Professional Services Agreement (the "Agreement "); and WHEREAS, the Florida Legislature passed and the Governor of the State of Florida signed into law CS /CS /HB7125, authorizing local hearings for notices of violations connected with the use of red light cameras as traffic infraction detectors to enforce Chapter 316, the State of Florida Uniform Traffic Code and taking effect on Jul 1, 2013; p 9 Y � , and WHEREAS, Customer and ATS mutually desire to amend certain terms and conditions of the Agreement to align the provision of services by ATS with the provisions and requirements of Laws of Florida 2013 -160. TERMS AND CONDITIONS NOW THEREFORE, Customer and ATS hereby agree as set forth below: 1. Section 1.21 of Exhibit B of the Agreement is hereby amended to include Notice of Violation hearings authorized by Laws of Florida 2013 -160. This section shall read in pertinent part: "... and technical support documentation for a hearing in traffic court, and before the City's special magistrate, if necessary." 2. Exhibit F is hereby amended to add the following: "ATS is authorized to charge, collect and retain a convenience fee of up to 5% of the total dollar amount for each electronic payment processed. Such convenience fees are paid aid b the violator." 3. Exhibit D is hereby amended to add a new Section 16 as follows: "Subsequent notices, other than those specified l i in section 8, may be delivered by First Class mail for additional compensation as set forth in Exhibit F." 4. Exhibit F is hereby amended to add the following: " For a one -year period beginning on execution of this amendment, the subsequent notices mailings fee shall be $2.00 per piece. This fee amount shall automatically continue for subsequent one year periods unless the parties amend this provision by mutual agreement." 5. Exhibit D is hereby amended to add the following to paragraph 6: "If an affidavit of non - responsibility is received within the time period set by State Law, a Notice of Violation shall be issued to the individual identified in the affidavit within five (5) calendar days of Vendor's receipt of such. If a request for a hearing on a Notice of Violation is received, the City shall be provided a copy of such within five (5) calendar days of Vendor's receipt. The City shall not be charged for any additional mailings of Notices of Violations to be sent out upon receipt of affidavits of non - responsibility. 6. Exhibit D is hereby amended to revise paragraph 13 to provide that Vendor shall also interact with City personnel regarding the implementation of hearings before the City's Special Magistrate. This shall include the ability to review evidence packets by internet connection during hearings, as well as the ability to print and finalize orders resulting from such hearings. 7. Section 2 of Exhibit B is hereby amended to add the following: "Customer shall provide, either for itself or through an inter -local agreement with another jurisdiction, a local hearing officer, clerk, and hearing facilities to schedule and hear disputed Notices of Violation." 8. Section 1 of Exhibit B is amended to add the following to 1.18: "Vendor shall provide the City with copies of requests for hearings on Notices of Violation within five (5) calendar days of receipt. If an affidavit of non- responsibility is received within the time period set by State Law, a Notice of Violation shall be issued to the individual identified in the affidavit within five (5) calendar days of Vendor's receipt of such." 1 9. The provisions of the Agreement, as amended by this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement shall remain in full force and effect. In the event of a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail and control. 10. 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. IN WITNESS WHEREOF, the parties hereto have executed this Amendment. Boynton Beac America /faffic Solutions, I By: • A ✓' By: Title: City Manager Title C.rulC_ Date: September 18, 2013 Date: qhz1rs APPROVED AS TO PORh9, ' . TY (' TTORNEY • - 2 • SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Second Amendment ( "Second Amendment ") is dated effective this day of .'ctir i 2013 and is entered into between American Traffic Solutions, Inc. ( "ATS "), a corporation duly register under the laws of the State of Kansas with its principal place of business at 1330 West Southern Avenue, Tempe, Arizona 85282 and the City of Boynton Beach ( "City "), a municipal corporation of the State of Florida. RECITALS WHEREAS, on Au 3, 2009, the City and ATS entered into a Professional Services Agreement for the City's use of the Axsis System to enforce traffic violations (the "Agreement "); and WHEREAS, on September 16, 2010, the City and ATS amended the Agreement (the "First Amendment "); and WHEREAS, section 12 of the Agreement requires any amendments, modifications, or alterations of the Agreement to be in writing and duly executed by the parties; and WHEREAS, the City and ATS mutually desire to amend, modify or alter certain terms and conditions of Agreement. o t e TERMS AND CONDITIONS NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Second Amendment, the City and ATS do hereby agree as set forth below: 1. The above recitals are true and correct and are incorporated herein. 2. Execution of this Amendment shall serve as a Notice to Proceed for the installation of five (5) new Approaches, as follows: 1. EB E Boynton Beach Blvd /NW 2nd Ave at N Seacrest Blvd 2. SB N Congress Ave at E Gateway Blvd 3. SB NW 8th St at SR 804/W Boynton Beach Blvd 4. EB SR 804/W Boynton Beach Blvd at NW 8th St 5. EB W Woolbright Rd at SW 8th St/Corporate Dr 3. Pursuant to Paragraph 1.0 of the Agreement, the City and ATS agreed to be bound by the terms and conditions of the February 8, 2008 Agreement between the City of Aventura and ATS. Pursuant to the provisions set forth in Paragraph 2.0 of the Agreement between the City of Aventura and ATS, the Initial Contract Term between the City of Boynton Beach and ATS expires May 14, 2016. This Second Amendment shall not alter, amend, or extend the May 14, 2016 expiration date. 4. Except as expressly amended or modified by the terms of this Second Amendment, all terms of the Agreement as amended by the First Amendment shall remain in full force and effect. In the event of a conflict between the terms of this Second Amendment and the Agreement or the First Amendment, the terms of this Second Amendment shall prevail and control. 5. The provisions of the Agreement, as amended by the First and Second Amendments, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. L • 6. This Second 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. 7. Each party represents and warrants that the representative signing this Second Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Second Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment. CITY OF OF BOYNTON BEACH By: M1e1 \t3 Mayor or City Manager Date Afr ATTESTtP g 4 is / -0/3 ° !3 erk Date � v � y AMERICAN TRAFFIC SOLUTIONS, INC. By: J� ./11/1/), Michael Bolton, Date Chief Operating Officer APPROVED AS FORM By: 7 Cit A torney Date 2 AMENDMENT NO. 1 TO THE EXCLUSIVE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT ENFORCMENT PROGRAM This Amendment No. 1 (the "Amendment ") to the Exclusive Agreement Between The City of Boynton Beach and American Traffic Solutions For Photo Red Light Enforcement Program dated as f August 3, 2009 (the "Agreement ") is made and effective as of this y '. " day of (� , 2010 by and between the City of Boynton Beach, Florida, a municipal corporation (the "City ") and American Traffic Solutions, Inc., a Kansas corporation ( "Vendor "). Recitals WHEREAS, on or about December 16, 2008, the City adopted Ordinance No. 08 -34, codified at Chapter 14.5 of the City's Code of Ordinances, which provides for the enforcement of red light violations using traffic infraction detectors (the "Ordinance "); and WHEREAS, on or about August 3, 2009, 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 enforcement of the Ordinance, subject to the terms and conditions stated in the Agreement; and WHEREAS, the Agreement provides that "the City Commission finds it in the best interest of the City to utilize the competitive bidding process employed by the City of Aventura, and award an Agreement to Vendor along the same terms and conditions as set forth within the February 8, 2008, Agreement between the City of Aventura and Vendor, except as amended herein" (the February 8, 2008 Aventura Agreement is referred to herein as the " Aventura Agreement "); and WHEREAS, on or about May 13, 2010, the Governor of the State of Florida signed CS /CS /HB325 into law, resulting in the Law of Florida 2010 -80 taking effect on July 1, 2010; and WHEREAS, Law of Florida 2010 -80 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 No. 08 -34 and Chapter 14.5 of the City's Code of Ordinances to provide for the enforcement of red light violations using traffic infraction detectors in accordance 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, Contractor 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. 2. Definitions. Section 1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.0 Definitions. The following words and phrases shall have the following meaning in this Agreement: 3. Definition of "Authorized Employee." Section 1.1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.1 "Authorized Employee" means a Traffic Infraction Enforcement Officer, whose duties and qualifications are set forth in Law of Florida 2010 -80, as may be amended or recodified from time, to time: 4. Definition of "City Ordinance." Section 1.3 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.3 "City Ordinance" means Chapter 14.5 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 Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.4 "Civil Fee" means the penalty assessed for violations of Florida Statutes §§ 316.074(1) or 316.075(1)(c)1 pursuant to Florida Statutes § 316.0083, as may be amended or recodified from time to time. 6. Definition of "Enforcement Documentation." Section 1.8 of the Aventura Agreement, as incorporated into 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 for the enforcement of Infractions including Notices of Violation, instructions for Notices of Violation, form affidavits, instructions for form affidavits, reminder letters, a Page 2 of 24 Boynton Beach. FLATS Contract Amendment_Final 2010.08.19 City of Boynton Beach, FL I numbering sequence for Notices of Violation, chain of custody records, and technical support documentation. 0 7. Definition of "Infraction." Section 1.11 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.11 "Infraction" means any violation of Florida Statutes §§ 316.074(1) or 316.075(1)(c)1 that may be enforced pursuant to Florida Statutes § 316.0083, as may be amended or recodified from time to time. 8. Definition of "Notice of Infraction." Section 1.15 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 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. All references to the term "Notice of Infraction" in the Aventura Agreement, as incorporated into the Agreement, and the Agreement are deleted and replaced with the term "Notice of Violation." 9. Definition of "Ordinance." Section 1.17 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.17 "Ordinance" shall mean Chapter 14.5 of the City of Boynton 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 Aventura Agreement, as incorporated into 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 Aventura Agreement, as incorporated into the Agreement, is retitled "Photo Red Light Enforcement Program." Page 3 of 24 Boynton Beach, FLATS Contract Amendment_Final_2010.08.19 City of Boynton Beach. FL 12. Definition of "Warning Period." Section 1.28 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.28 "Warning Period" means the period of 30 days prior to the Installation Date of the first intersection approach. 13. Prosecution. Section 3.4 of the Aventura Agreement, as incorporated into 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, subject to the City's routine law enforcement discretion. 14. 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 ATS 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 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: ATS will maintain an accounting of any net balances owed to ATS. 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 Tess 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 ATS 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 ATS invoices. 15. Termination for Cause. Section 6.1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: Page 4 of 24 Boynton Beach. FLATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL 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, or regulations adopted by agencies with jurisdiction, to prohibit the operation of photo red light enforcement systems, to make it impracticable to operate the red Tight enforcement program, or to impose restrictions on revenues and uses that are materially contrary to the terms of this Agreement or the provisions of the current State Law: (ii) any court having jurisdiction over the City rules or declares, that the city's red light enforcement program, or the program set forth in the State Law, is invalid, or results from Vendor System of photo red light enforcement are inadmissible in evidence due to a defect in the manner in which such results were obtained or processed (in which case, Vendor shall have the opportunity to cure such defect, as provided below), or otherwise renders a decision that makes it impracticable to operate the red light enforcement program; (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, copyright, 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. Either party shall have the right to remedy the cause for termination within forty -five (45) calendar days (or within such other time period as the 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 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. 16. Warning Period. Section 6.2 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 6.2 Warning Period. Vendor shall provide assistance to the City for a periodic announcement and awareness campaign required thirty (30) days in advance of the commencement of the City's program. 17. Procedures for Processing Payments. Sections 7.2, 7.3, and 7.4 of the Aventura Agreement, as incorporated into the Agreement, are . deleted and replaced with the following: Page 5 of 24 Boynton Beach, FLATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL 7.2 Vendor shall be responsible for processing payments of Civil Fees paid pursuant to Notices of Violation and, to the extent practicable and permitted by the court, 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. 18. 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 Photo Red Light Enforcement Program as it existed and was operated prior to July 1, 2010. In the event of any legal challenge to the City's enforcement of the State Law, Vendor shall provide reasonable administrative assistance to the City in responding to that challenge, including, but not limited to, providing reasonable assistance to the City in responding to discovery sought from the City, providing reasonable assistance to the City in explaining and presenting the technicial aspects and operations of the Vendor Photo Red Light System, and providing reasonable assistance to the City in identifying and locating violations. 19. Exhibits. Exhibits A, B, C, D, and F to the Agreement are deleted and replaced with Exhibits A, 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 Photo Red Light Enforcement Program prior to the execution of this Page 6 of 24 Boynton Beach, FL_ATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL Amendment No. 1, 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 Reopener 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. 20. Most Favored Governmental Entities. The Vendor agrees that if, after the Effective Date of this Amendment No. 1, 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 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. 21. Effect of Amendment on Agreement. Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement and Aventura Agreement, as incorporated into 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, the Agreement, and the Aventura Agreement, as incorporated into the Agreement, the terms of this Amendment shall prevail and control. 22. 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 Page 7 of 24 Boynton Beach, FL_ATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL j Amendment, the terms of the Agreement and the Aventura Agreement, as incorporated into the Agreement, shall continue in full force and effect. 23. 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. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: _ 94,3 -1a 9�ia � . • By: - By: Date -nager Date Clerk Cry} f , APPROVE AS 70 ORM `, ' 1 ti° i By, QL Ci Attorne Date 4- 'fit O.N AMERICAN TRAFFIC SOLUTIONS, INC. WITNESS. ti, /ILA_ i --/I-/(2 • // Date Adam E. Tuton Date _ __ 9-a - !O Chief Operating Officer Date Page 8 of 24 Boynton Beach, FL_ATS Contract Amendment_Finaf_2010.08.19 City of Boynton Beach, FL State of Arizona : ss: County of Maricopa : On this Ilo hday of 5LOCANt010, before me, the undersigned notary public, personally appeared Ad c+.rh. E T 0+-0 e1 , personally known to me or who has produced 1, nv e-rs L:+ «.44s 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, Inc. and that he was duly authorized to do so. IN WITNESS WHEREOF I he a nto set my hand and official s al, ''∎r, CATHERINE E WILKINS _ • - . t Notary Public - Arizona W ig Seal: Maricopa County • J My Comrn. Expires Feb 7, 2014 N TARP PUBLIC My commission expires: Oil L41 uc.113s PC,C �, � 4 Print Name Page 9 of 24 Boynton Beach, FL_ATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL EXHIBIT A Designated Intersections City will designate first phase implementation of cameras at designated intersections. Vendor shall make its best efforts to install a camera system within thirty (30) days of permits being granted and power delivered for each agreed upon approach, during the term of this Agreement, providing that City has received permission for all implementations in writing from any third -party sources. Designated intersections to be analyzed: Boynton Beach Blvd and Congress Avenue All Approaches Congress Avenue and Gateway Blvd. All Approaches Congress Avenue and Woolbright Rd. All Approaches Federal Highway and SE 23 Ave All Approaches Boynton Beach Blvd and Seacrest Blvd All Approaches The intersection approaches to be installed pending a constructability analysis and a notice to proceed from the City include, but are not limited to, the following: 1) EB W Boynton Beach Blvd / NW 2nd Ave @ N Congress Avenue 2) EB E Gateway Blvd @ N Congress Ave 3) NB S Federal Hwy @ SE 23rd Ave 4) EB W Woolbright Rd @ S Congress Ave 5) NB N Congress Ave @ E Gateway Blvd 6) NB N Congress Ave @ W Boynton Beach Blvd / NW 2nd Ave 7) SB N Congress Ave @ W Boynton Beach Blvd / NW 2nd Ave 8) SB S Congress Ave @ W Woolbright Rd 9) SB S Federal Hwy @ SE 23rd Ave 10)WB W Boynton Beach Blvd / NW 2nd Ave @ N Congress Ave 11)WB W Woolbright Rd @ S Congress Ave 12)NB S Congress Ave @ W Woolbright Rd 13)SB N Congress Avenue @ E Gateway Blvd Implementation and installation of any approach is subject to video analysis and engineering results. Additional approaches may be selected in addition to first phase implementation and may be selected based on collision history, community safety and engineering feasibility assessments. Vendor can provide City with video evaluation of assist City approach sites using the AXSIS VIMS system t o s sist ty in its recommendations. Camera installations will be based on mutual agreement by City and Vendor. This program may be implemented at additional intersections. The intersections will be designated by the Police Department, which designation will be based upon Police Department Staff review and an engineering analysis. Page 10 of 24 Boynton Beach, FLATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL City Administration and Police Department, and Vendor, will periodically review installed equipment at selected approaches. The City may request the relocation of a camera, at Vendor's cost, based upon this review; provided, however, that if the City requests the relocation of a camera fewer than twelve (12) months after the installation of that camera, the City shall bear the cost of such relocation, and if the parties cannot agree on a suitable alternative location the installed equipment may be removed. • Page 11 of 24 Boynton Beach, FLATS Contract Amendment_Final_2010.08,19 City of Boynton Beach, FL EXHIBIT B Construction and Installation Obligations Timeframe for Installation: Photo Red Light Enforcment Program 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 City pursuant to Exhibit A. 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. 1. 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 Intersection(s) (collectively, the "Approvals "), which will include compliance with City permit applications. In the event there is a cost associated with acquiring these approvals other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case -by -case basis. 1.5 Vendor will provide reasonable administrative assistance to the City in the development of a letter in support of a Traffic Infraction Detector at intersection(s) requested. In addition, and if required, Vendor will provide reasonable assistance to the City with a traffic engineering study supporting the installation of a Traffic Infraction Detector at the location(s) requested by the City. 1.6 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 Page 12 of 24 Boynton Beach, FL_ATS Contract Amendment Final_2010 08.19 City of Boynton Beach, FL rights of right of way, and which such Governmental Entity denies authority to Vendor for the installation of its equipment. In the event there is a cost associated with acquiring these rights other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case -by -case basis. 1.7 Finalize the acquisition of the Approvals; 1.8 Submit to the City a public awareness strategy for the City's consideration and approval, which strategy shall include media and educational materials for the City's approval or amendment according to the ATS proposal (the "Awareness Strategy "); 1.9 Develop the Red Light Infraction Criteria in consultation with the City; consistent with the State Law; 1.10 Develop the Enforcement Documentation for approval by the City, consistent with the requirements of the State Law; provided, however, that the City shall provided Vendor with a form of Traffic Citation, with the understanding that some modifications may be necessary to enable use with Vendor's systems or to comply with the State Law; 1.11 The City and Vendor acknowledge that, under the State Law, traffic citations will be adjudicated in court and that Vendor may be required to incur costs to develop an interface with the court system. The Vendor shall be responsible for its own development costs for any such interface. The City and Vendor shall address and development costs charged by the court or a third party Vendor on a case by case basis; 1.12 Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersections (under the supervision of the City); 1.13 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; 1.14 Install and test the functionality of the Designated Intersections with the Vendor System and establish fully operational Violation processing capability with the Vendor System; 1.15 Implement the use of the Vendor System at each of the Designated Intersections; 1.16 Deliver the Materials to the City; Page 13 of 24 Boynton Beach, FL_ATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL i { 1.17 Within five (5) business days of the alleged observed violation, place the alleged violation within the Violation Queue for review by the City's Traffic Infraction Enforcement Officer for a determination of whether a Notice of Violation should be issued; 1.18 Upon approval by the City's Traffic Enforcement Officer, issue Notices of Violation within five (5) business days; 1.19 If the Civil Penalty is unpaid or the recipient of the Notice of Violation does not file an affidavit of non - responsibility that does not meet the requirements of the State Law within the time set forth in the State Law, then within five (5) business days after the expiration of time, place the unpaid Notice of Violation into the Traffic Citation Queue, for review by the City's Traffic Enforcement Officer to authorize the issuance of a Traffic Citation pursuant to the State Law; 1.20 Obtain access to the records data of the Department of Motor Vehicles in Vendor's capacity as needed for the program; 1.21 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 Photo Red Light Enforcement Program, regarding the operation of the Vendor System and the Photo Red Light Enforcement Program. This shall include training with respect to the Vendor System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.22 Interact with court and judicial personnel regarding the implementation of the Vendor System for hearing on Traffic Citations, the development of a subpoena processing timeline that will permit the offering of Violations Data in hearings and judicial proceedings, and coordination between Vendor, the City and the applicable court; 1.23 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 State Law Photo Red Light Enforcement Program; 1.24 Notice of Violation processing, including receipt of payments, and Traffic Citations. 1.25 Notice to Motorists. Not less than fifteen (15) days prior to the issuance of notices of violations from a newly installed camera at an approved intersection, Vendor will provide temporary sign notification at no cost to the City, approved by the City's Police Department and Engineer, for the purpose of providing notice to motorists of the activation date. Signs will provide notice of the presence of cameras Page 14 of 24 Boynton Beach, FL_ATS Contract Amendment Final_2010.08.19 City of Boynton Beach, FL ( " and the activation date.. Additionally, Vendor shall coordinate public relations efforts with the City, including assisting the City with press releases and other public information items, the costs of which shall be Vendor's responsibility, as may be decided to be necessary by the parties for each camera. 2. 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 PHOTO RED LIGHT ENFORCEMENT PROGRAM; 2.4 Assist and cooperate 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 Photo Red Light Enforcement Program; 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; 2.8 Assist Vendor in developing the Red Light Violation Criteria consistent with the State Law; 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. § 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law; Page 15 of 24 Boynton Beach, FL_ATS Contract Amendment_Final 2010.08.19 City of Boynton Beach, FL • 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. Vendor acknowledges that access to power and signal cabinets may require approval from Florida Power and Light, Florida Department of Transportation or Palm Beach County Traffic Engineering Division, as necessary. 2.12 The Traffic Infraction Enforcement Officer shall process each potential violation in accordance with State Laws and /or City Ordinances and notify Vendor within five (5) business days of its appearance in the Notice of Violation Review Queue, using AxsisTM to determine which violations 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. 2.13 Within five (5) business days of its appearance in the Traffic Citation Review Queue, using AxsisTM, for unpaid Notices of Violation, the Traffic Infraction Enforcement Officer shall process the violation and advise Vendor whether to issue a Traffic Citation, 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 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 Police Department shall provide signatures of all authorized police users who will review events and approve citations on forms provided by ATS. 2.18 In the event that remote access to the ATS Axsis VPS System is blocked by City's network security infrastructure, the City's IT Page 16 of 24 Boynton Beach, FLATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL Department and the counterparts at ATS shall. coordinate to facilitate appropriate communications access while maintaining required security measures. 2.19 City shall provide a computer terminal at a public location where persons receiving Notices of Violation may review the recorded images of the violation. • • Page 17 of 24 Boynton Beach, FL ATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL EXHIBIT C Maintenance 1. All repair and maintenance of Photo Red Light Enforcement 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 Palm Beach 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 316.0745(6), by July 1, 2011. 8. In the event that a camera is inoperable for any reason for three (3) or more business days, the City shall be entitled to a refund of 1/30 of the monthly program fee per day for each day the camera system is inoperable. Page 18 of 24 Boynton Beach, FLATS Contract Amendment Final_2010 08.19 City of Boynton Beach, FL EXHIBIT D Infraction Processing 1. All Infractions Data shall be stored on the Vendor System. 2. The Vendor System shall process Violations Data gathered from the Designated Intersections into a format capable of review by the Authorized Employee via the Vendor System. 3. The Vendor shall make the initial determination that the image meets the requirements of the Ordinance and this Agreement, and is otherwise sufficient to enable the City to meet its burden of demonstrating a violation of the Ordinance. If the Vendor determines that the standards are not met, the image shall not be processed any further. 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 Violations identified for prosecution for a period of time of not less than four (4) years after final disposition of a case. 6. Vendor shall provide Authorized Employees with access to the Vendor System for the purposes of reviewing the pre - processed Violations Data within five (5) days of the gathering of the Violations Data from the applicable Designated Intersections, and as to the issuance of Traffic Citations, within five (5) days of the expiration of the time frame under the State Law when a recipient of a Notice of Violation fails to pay the penalty or submit an affidavit of non - responsibility that satisfied the requirements of the State Law. 7. The City shall cause the Authorized Employee to review the Violations Data and to determine whether a Notice of Violation shall be issued with respect to each potential violation captured within such Violation 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 within five (5) days of the Violation Data being placed by Vendor in the Notice of Violation Review Queue. As to the issuance of Traffic Citations, the City shall cause the Authorized Employee to review the Violations Data and to determine whether a Traffic Citation shall be issued with respect to previously issued Notice of Violation, 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 within five (5) days of the Violation Data being placed by Vendor in the Traffic Citation Review Queue. VENDOR HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A NOTICES OF VIOLATION AND TRAFFIC CITATIOINS SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION CONSISTENT Page 19 of 24 Boynton Beath, FL_ATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL %, WITH THE STATE LAW (AN "ISSUANCE DECISION "), AND IN NO EVENT SHALL VENDOR HAVE THE ABILITY OR AUTHORIZATION TO . MAKE A NOTICE OF VIOLATION DECISION. each Authorized Violation, Vendor shall 8. With respect to ea print and mail a P P Notice of Violation within five (5) days after Vendor's receipt of such authorization from the City's Authorized Employee. As to issuance of Traffic Citations, Vendor shall print and mail a Traffic Citation within five (5) days after Vendor's receipt of such authorization from the City's Authorized Employee; 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. 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 Photo 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 prepare and provide to City a Notice of Violation form that complies with all requirements of the State Law. 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 or written request by an owner r who has received a Notice of Violation or Traffic Citation. Vendor agrees that t he city shall have the right to review and approve the form Notice of Violation and affidavit prior to their use, and that in the event City determines additional information should be included in the forms prior to their use or after implementation, Vendor shall modify the forms at its sole expense, to comply with those requirements, subject only to space limitations on the notice paper. City shall provide a Traffic Citation form to Vendor with the understanding that some modifications may be necessary to enable use with Vendor's systems and to comply with State Law. Page 20 of 24 Boynton Beach, FLATS Contract Amendment_Final_2010.08.19 City of Boynton Beach, FL 15. ATS will establish a demand deposit account bearing the title, "American Traffic Solutions, Inc. as agent for Customer" at U.S. Bank. All funds collected by Vendor on behalf of the Customer will be deposited in this account and transferred by wire the second 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. Page 21 of 24 Boynton Beach, FL_ATS Contract Amendment Final_2010.08.19 City of Boynton Beach, FL Exhibit "E" Additional Rights and Obligations Vendor and the City shall respectively have the additional rights and obligations set forth below: 1. Vendor shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Red Light Photo Enforcement Program, as offered in the ATS proposal. 2. Vendor shall be solely responsible for installing such Signage. The Vendor shall be solely responsible for the fabrication of any signage, notices, or other postings required pursuant to any law, rule, or regulation of any Governmental Authority ( "Signage "), including, but not limited to, the State Law, the City and County Ordinances, State Statutes, and Florida Department of Transportation (FDOT) Regulations and shall assist in determining the placement of such Signage. Vendor shall be responsible for obtaining all necessary approvals from Governmental Authorities. 3. The Vendor Project Manager and the Project Manager shall confer on a weekly basis for the initial three (3) months of the Term of this Agreement, and on a monthly basis for the remainder of the Term, at such times and places as the Vendor Project Manager and the City Project Manager shall mutually agree. 4. The City shall not access the Vendor System or use the in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Vendor System or the Vendor Photo Enforcement Program with respect to any Intersection constructed or maintained by Vendor for such Person, or which could damage, disable, impair or overburden the Vendor System or the Vendor Photo Enforcement Program, and the City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Vendor System, or (iii) any materials or information not intentionally made available by Vendor to the City by means of hacking, password mining or any other method whatsoever, nor shall the City cause any other Person to do any of the foregoing. 5. The Ci ty shall maintain the confidentiality of any username, password or other process or device for accessing the Vendor System or using the Red Light Photo Enforcement Program. 6. Each of Vendor and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Vendor and the City shall reasonably follow any and all such rules and regulations. Page 22 of 24 Boynton Beach, FLATS Contract Amendment Final 2010.08.19 City of Boynton Beach, FL 7. The City shall promptly reimburse Vendor for the cost of repairing or replacing any portion of the Vendor System, or any property or equipment related thereto, damaged solely and directly by the City, or any of its employees, contractors or agents. In all other instances, such costs shall be solely the Vendor's costs. 8. Vendor acknowledges that it is aware of the retention responsibilities for the records created by the services it provides to the City pursuant to this Agreement, and will maintain the public records of the program consistent with the requirements of Florida's public records law. Page 23 of 24 Boynton Beach, FLATS Contract Amendment_Final 2010.08.19 City of Boynton Beach, FL EXHIBIT "F" SERVICE FEE SCHEDULE 1.0 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, Iockbox 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 Page24of24 Boynton Beach, FL_ATS Contract Amendment_Final_2010 08.19 City of Boynton Beach, FL The City of F_ Iynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD � 2 r :( BOYNTON BEACH FL 33435 (561) 742 -6060 FAX: (561) 742 -6090 e -mail: prainitoj @bbfl.us www.boynton-beach.org September 8, 2010 Ms. Linda Welsch Executive /Legal Assistant American Traffic solutions 7681 E. Gray Road Scottsdale, Arizona 85260 Re: Resolution R10 -118 Amendment No. 1 to the Exclusive Agreement Between the City of Boynton Beach and American Traffic Solutions Dear Ms. Welsch: Attached for your handling is the Amendment mentioned above, as well as a copy of the resolution that was passed by City Commission on September 7, 2010. Once the agreement has been signed please return the original to us for final execution. If I can be of any additional service, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH . Riut;A.to net M. Prainito, MMC City Clerk Attachments (Agreement & Resolution) Cc: Central Files • S: \CC\WP\AFTER COMMISSION \Other Transmittal Letters After Commisslon \2010 \R10 -118 Amendment to American Traffic Solutions Red light Camera Enforcement.doc America's Gateway to the Gulfstream The City of B( Tnton Beach • �:, • ,. City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742 -6060 561 FAX (561) 742 -6090 ( e -mail: prainitoj @bbfl.us www.boynton-beach.org September 27, 2010 Ms. Catherine E. Wilkins Executive Assistant American Traffic Solutions 7681 E. Gray Road Scottsdale, Arizona 85260 Re: Resolution R10 -118 Amendment No. 1 to the Exclusive Agreement Between the City of Boynton Beach and American Traffic Solutions Dear Ms. Wilkins: Attached for your information and file is the original amendment mentioned above. Since the document has been fully executed, I have retained an original for Central File. If I can be of any additional service, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH L5 L i ,Yudith A. Pyle City Clerk Attachment (Agreement) Cc: Central Files S : \CC\WP \AFTER COMMISSION \Other Transmittal Letters After Commisslon \2010 \R10 -118 Amendment to American Traffic Solutions Red Light Camera Enforcement Executed.doc America's Gateway to the Gulfstream 1 , RESOLUTION R12 -135 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 4 OF BOYNTON BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING EXECUTION BY THE INTERIM CITY 6 MANAGER AND CITY CLERK OF A SECOND AMENDMENT 7 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE 8 CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC 9 SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT 10 PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, in 2009, the City entered into an Agreement with American Traffic 13 Solutions, Inc. (ATS) to implement a red light camera enforcement program pursuant to 14 City Ordinance 08 -034; and 15 WHEREAS, on September 16, 2010 the City and ATS amended the Agreement 16 since the scope of services and the compensation structure changed as a result of the State 17 Law; and 18 WHEREAS, the City desires to place cameras at five (5) additional approaches 19 which requires an additional ame ndment to the Agreement; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it 21 in the best interest of its residents and citizens to approve the Second Amendment to 22 Professional Services Agreement Between the City of Boynton Beach and American 23 Traffic Solutions for Photo Red Light Enforcement Program and authorize the Interim 24 City Manager and City Clerk to execute the document. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 28 as being true and correct and are hereby made a specific part of this Resolution upon Document in Windows Internet Explorer 1 adoption hereof. 2 Section 2. The City Commission of the City of Boynton Beach, Florida does 3 hereby approve and authorize execution by the Interim City Manager and City Clerk of the 4 Second Amendment to Professional Services Agreement between the City of Boynton 5 Beach and American Traffic Solutions for Photo Red Light Enforcement Program, a copy 6 of which is attached hereto as Exhibit "A ". 7 Section 3. This Resolution will become effective immediately upon passage. 8 PASSED AND ADOPTED this 18 day of December, 2012. 9 10 CITY OF BOYNTON BEA , FLORIDA 11 1 �� L. &d/e 13 Mayor — W • • • . • a 14 15 •0° 16 ayor — Mack McCray 17 18 .t 19 *omr ;!!! 2 21 22 Commission' — :teve olzman 23 24 i .. // I _ 25 Commis sa — / 26 ATTEST: 27 28 ii Kit 29 Jan- M. Prainito, MMC 30 Clerk 31 32 33 4` • 34 ((,; ` • o ' eal) 35 „<<� v kr 64 Document in Windows Internet Explorer The City of Boynton Beach = ,,TYo, . 4, City Clerk's Office G 10o E BOYNTON BEACH BLVD • BOYNTON BEACH FL 33435 ql r i (561) 742 -6060 , o ,�,, ` FAX (561) 742 -6090 i,=� e -mail: prainitoj @ci.boynton- beach.fl.us TQ 6 , - -. -= www.boynton- beach.org CERTIFICATION I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached American Traffic Solutions Business Rules Questionnaire consisting of twenty -five (25) pages is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 7 day of October 2015. get. Yn. Pka.t.,44.41D— 1 '!J ET M. PRAINITO, MMC CITY CLERK 1 : i A tit 0Yf S: \CC \WP \certifications \Agreements \certification - American Traffic Solutions Business Rules Questionare.docx Americas Gateway to the Gulfstream ': Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey Questions Conditions ' Answers Dato of Change 1.0 Startup Documentation 1.1 Does the Customer want the State Statute # Yes, 5/21/15 Statute printed on the notice? Florida Statute §§ 316.0083, 316.074(1) and 316.075(1)(c)1 1.2 Will the Customer reference the Local Passed 1 Pending Ordinance # No, State statute will be used Ordinance? Has it passed? 1.3 What ATS Customer code has been ### 185 / FLBOB assigned? 1.4 List all Counties and County County Palm Beach Numbers? County Number 06 1.5 What are the Municipality Name and Municipality Name Agency Number Boynton Beach Agency Number? 34 2.0 Contact Information — Stakeholders & Sponsoring Agencies 2.1 Primary Police /Sheriff Department Name Sgt. Richard McNevin contact Title Traffic Unit Supervisor Email mcnevinr(a)bbfl.us Phone # 561- 742 -6124 (0) 561 - 436 -5670 (C) 2.2 Technical IT contact for the Name Douglas Solomon Police /Sheriff Department Title solomond(a,bbfl.us Email 561 - 742 -6171 Phone # 2.3 Primary Hearing contact Name Anthony Petriello Title petrielloAc bbfl.us Email 561 - 742 -6112 Phone# Anthony Verrigini Verriq n iA(a,bbfi. us 561- 742 -6820 Gwendolyn Mills MiIIsGAbbfl.us 561- 742 -6820 2015 American Traffic Solutions, Inc. tial AxsisTm Processing System Boynton Beach, FL v1.12 BRQ v12.2An Page 1 Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey Questions Conditions - Answers - Date of Change 2.4 Technical IT contact for the Court Name John McNally Title Information Technology Services Email McNallyJbbfl.us Phone # 561-742-6070 (0) 561-742-6092 (F) 2.5 Customer Public Information Officer Name Stephanie Slater Contact Title Public Information Officer Email slatersAbbfl.us Phone # 561-742-6191 2.6 Has the DMV Services Subscriber Yes / No Yes Agreement been filled out (with the Provide ORI# FL0500300 NLETS Agency ORI #) and signed? 3.0 Cameras, Detection and Signs 3.1 What is the detection type? PLP WVD Loop to Loop Radar Iteris Video WVD 3.2 What event types will be captured? Red Light Red Light 3.3 What images are captured? RED LIGHT: 2 Back Shots 5/21/15 2 Back Shots 3.4 Are video clips to be captured with all Yes / No Yes-including yellow light phase events? 3.5 Optional Fields on the Data Bar Posted Speed — Yes / No No Actual Speed — Yes / No Yes 3.6 Are Warning Signs needed? 1. Yes Yes, prior to every monitored If yes, where are signs located? 2. No intersection 4.0 Workflow Red Light Safety Camera Event Processing "No" = Direct PD Review "Yes" = Categorize for PD Review 4.1 Any and all images, video and data 1. Yes Yes 5/21/15 from Camera site, which is 2. No automatically uploaded into the Axsis system, are available for Police review. 201 5 American Traffic Solutions, Inc. Proprietary and Confidential Axsis Processing System Boynton Beach, FL v1.1213 v12.2A - Page 2 Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey I # Questions Conditions l.: Answers I Date of Change 4.2 Does the City want ATS processors 1. Yes Yes 5/21/15 to categorize all events using the 2. No criteria stated in sections 4.3 through If Yes, each question below must be 4.11? answered directing ATS as to how events should be categorized. 4.3 Categorize by yg - 1. Behind the Stop line. Behind the Stop line Line of : �� 2. Behind the prolongation of the curb. Demarcation 3. Behind the cross walk. definition � E 4. Behind whichever line the tires will (position of front l hit first. tires in the A- p W . shot) 4.4 If front tires are on or over the line of 1. Yes No Events will be available for police 8/10/15 demarcation. (A -Shot) 2. Yes only if there is a video clip viewing. which shows the tires were behind the line when the light turned red. 3. No 4.5 If demarcation line is not visible or is 1. Yes No Events will be available for police 8/10/15 obstructed. 2. Yes only if there is a video clip viewing. which shows the tires were behind the line when the light turned red. 3. No 4.6 Categorize - M . 1. Vehicle stops after the demarcation Vehicle completed through straight and j.:RIR: line but does not complete through intersection. left bV the intersection. position of d 2. Back tires of vehicle crossed the line vehicle in " 7 of demarcation. the B -Shot 3. Entire vehicle crosses the line of t , >f demarcation. 4. Vehicle completed through intersection. 4.7 Does the City enforce right hand turn 1. Yes Yes. Events will be available for police 8/10/15 events? 2. No viewing. 2015 American Traffic Solutions, Inc. Proprietary and Confidential Axsis Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 3 ri Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey Questions.. I , Conditions , Answers , Date of Change Categorize right turn events by 1. Vehicle stops after the demarcation The City of Boynton Beach does not position of and /or speed of vehicle line but does not complete through enforce "right turn on red" violations the intersection. unless there is a "No Right on Red" 2. Vehicle did not come to a full sign posted. The City does not have complete stop on a right hand turn. any red light camera intersections 3. Vehicle slow - rolled but is going where there is a "No Right on Red" MPH or greater. sign posted. The light is red when the vehicle 1. Yes N/A passes the demarcation line but then 2. No turns green. Are there intersections with no right 1. Yes No on red signs posted? 2. No Locations: N/A 4.8 LED of traffic "r 1. Yes . No Events will be available for police 8/10/15 control signal is a ;� , 2. No viewing. strobe and the photo shows all }, "' lights unlit (but . video supports the light was red) _ 4.9 Traffic control 1. Yes No Events will be available for police 8/10/15 signal uses 0 2. No viewing. Incandescent 1 bulbs and A -shot , shows a fading ; yellow signal i after the start of the red phase 4.10 Traffic control signal head is not 1. Yes No Events will be available for police 8/10/15 visible in video 2. No viewing. 4.11 Is video required for a straight through 1. Yes Yes Events will be available for police 8/10/15 and left hand turn event to be 2. No viewing. categorized if the A -Shot and B -Shot provide sufficient evidence? 4.12 Will the Directional Dropdown Menu 1. Yes Yes 2015 American Traffic Solutions, Inc. tial Axsis Processing System Boynton nton Beach, FL v1.12 BRQ v12. 2A - Page 4 Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey # 1 " Questions - Conditions - 1 Answers Date of Change and Location Directional Summary 2. No Report be activated for the review process? Note: If YES, the PD/Sheriff will be required to verify and select the direction of the vehicle before issuing each violation. 5.0 Speed - Not Enforced 6.0 Workflow - Other Operational Directives 6.1 Responsible party for Citation 1. Police Department Police Department Issuance 2. Parking Enforcement 3. Other Customer Official 6.2 Do you want ATS processors to 1. Yes Yes categorize the events against the 2. No criteria stated in sections 6.3 through If Yes, each question below must be 6.15? answered directing how events should be categorized. 6.3 Emergency Vehicles - Lights On 1. Yes Yes. Events will be available for 8/10/15 Includes: Police, Fire & Ambulance 2. No police viewing. 6.4 Emergency Vehicles - Lights Off 1. Yes No Events will be available for police 8//10/15 Includes: Police, Fire & Ambulance 2. No viewing. 6.5 Flagman wave through 1. Yes No. Events will be available for police 5/21/15 2. No viewing. 6.6 Funeral Procession 1. Yes No. Events will be available for police 2. No viewing. 6.7 Vehicle Make/Model Mismatch 1. Yes No Events will be available for police 8/10/15 2. No viewing. 6.8 Government Vehicle 1. Yes No Events will be available for police 8/10/15 2. No viewing. 6.9 License plate information on Semi- 1. Yes No Events will be available for police 8/10/15 truck Trailer 2. No viewing. 6.10 License plate information on 1. Yes No Events will be available for police 8/10/15 Personal/Business Trailer 2. No viewing. 6.11 Handicap Plates 1. Yes No Events will be available for police 8/10/15 - 2015 American Traffic Solutions, Inc. Proprietary and Confidential Axsis rm Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 5 Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey # Questions - Conditions Answers Date of Change 2. No viewing. 6.12 Temporary Plates 1. Yes Yes Events will be available for police 8/10/15 2. No viewing. 6.13 Dealer Plates 1. Yes Yes Events will be available for police 8/10/15 2. No viewing. 6.14 Non-US Plates 1. Yes No Events will be available for police 8/10/15 2. No viewing. 6.15 Diplomat Plates 1. Yes No Events s will be available for police 8/10/15 2. No viewing. 7.0 Workflow — Police Review 7.1 Does the ordinance require additional Yes / No N/A Customer prosecutor review prior to the Police/Sheriff issuing the citation? 7.2 Does the ordinance require a Yes / No N/A Technician's Certificate authorization in PD review? 7.3 Does a PD supervisor wish to re- Yes / No No review events rejected by the officers reviewing and issuing violations (Police Re-review)? 8.0 Workflow — Printing and Mailing the Notice / Warning 8.1 Is there a statute/ordinance which 30 Statute/Ordinance # of days: defines the # of days between the violation date and the Police/Sheriff N/A issuance date? Is there a contract Contract # of days: requirement? Any exceptions for out Out of State: No of state registrations? 8.2 'Issue Date' Definition — printed on Date of Police/Sheriff Issuance + 1 Police Issuance + 1 business day 5/21/15 front of notice. business day 9.0 AXSIS System and www.Violationlnfo.com 9.1 Will the Customer provide walk-in Yes / No Yes public Internet access to those unable PD/Sheriff Public Library 2015 American Traffic Solutions, Inc. Proprietary and Confidential Axsis TM Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 6 • Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey # : Questions - ' ° ' Conditions - - , Answers ' Date of Change to view the video or images at home? Court 208 S. Seacrest Blvd. If yes, who will provide access? Boynton Beach, FL 33435 9.2 Phone number Phone: 561-742-6390 Hours of operation Hours Monday-Thursday 9:OOAM - 8:30PM Saturday 9:OOAM - 5:OOPM 9.3 Is appointment required? Yes / No No 9.4 Image in Upper Left Corner PD/Sheriff badge k 'b 4 (Navigation page) Customer seal g gt* 150px (W) by 70px (H) Other IVO VP, 9.5 Banner at top of page Customer has banner VA' 600px (W) by 70px (H) Customer would like ATS to create a 'cvW City of Boynton Beach, Florida simple Customer-name banner 9.6 Axsis Splash Page Banner PD/Sheriff badge City of Customer sea . Other Boynton Beach, hi! Florida 9.7 Display Balance? Yes / No Yes 9.8 Enable Green E-Pay Button? Enable/Disable Enable 9.9 Link to Affidavit (pdf)? Yes / No Yes 9.10 Link to Refund Request (pdf)? Yes / No Yes 9.11 Any other Links? (Le. Customer, Yes / No No Court, PD/Sheriff) If Yes, provide link i 10.0 Warning Period 10.1 Will there be a warning period? Yes / No Yes 10.2 How long will the warning period be? 0 days 30 days 10.3 Logo - upper left hand corner PD/Sheriff - badge Customer - Seal 2015 American Traffic Solutions, Inc. Proprietary and Confidential . .. _ _ Axsis Tm Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 7 • Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey w Questions Conditions Answers - Date of Change 10.4 Return Address — upper left hand PD /Sheriff City of Boynton Beach corner Court Intersection Safety Program (place for undeliverable mail) ATS Operations PO Box 22091 Tempe, AZ 85285 -2091 10.5 Will Phone Customer Service be Yes / No Yes, ATS Operations 1- 866 - 225 -8875 provided during the warning period? ATS Operations 1- 866 - 790 -4111 If yes, who will provide? PD /Sheriff 10.6 Who will provide Walk -in Customer Court N/A Service during the warning period? PD /Sheriff 11.0 Notice of Violation 11.1 Logo - upper left hand corner PD /Sheriff — seal or badge °¢, Customer k� - ary. way 11.2 Return Address — upper left hand PD /Sheriff City of Boynton Beach corner Court Intersection Safety Program (place for undeliverable mail) ATS Operations PO Box 22091 Tempe, AZ 85285 -2091 11.3 Is the party willing to enter a new Yes / No Yes address or a note if no new address is available? 11.4 Are there one or two types of First 1. One One Notices? 2. Two If more than one, define the difference 11.5 What is the First Notice called? Notice of Violation Notice of Violation Citation Notice of Infraction 11.6 What is the calculation of the Payment Issue Date + 15 days Issue Date + 60 days Due Date? Issue Date + 30 days Court date based on issue date 2015 American Traffic Solutions, Inc. Proprietary and Confidential Axsis _..._ ...-T Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 8 �.. Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey Questorns ', ° , :, Conditions Answers Date of Change 11.7 What is the fine amount for Red $158.00 Light? Does it include a court fee? No 11.8 Is there a separate ordinance or No statute for solid red and red arrow? ® �® 11.9 Does the Customer require the use of Yes / No No complaint numbers? 11.10 Will points be assessed? Yes / No No Should a sentence be included stating Yes / No Yes whether Points will be or will not be assessed? (Driver Liability Only) 11.11 Is driving school an option in lieu of Yes / No No paying the fine amount? (Driver Liability Only) 11.12 What officer signature type will be Electronic Signature Electronic Signature used? Printed Name 11.13 Is the officer's badge # required? Yes / No Yes What is the badge # called? ID# 11.14 Is any other signature required on the Yes / No No Notice? Please specify. 11.15 Define Images to be included on the Back Shots 2 Back Shots notice (A&B for Red Light) to be Plate Shot Plate Shot included on the Notice? 11.16 Separate data fields on Notice? Speed: Yes / No No Speed Limit: Yes / No No 11.17 Is the registered owner's driver's Yes / No No /NOV (Yes /UTC) license number required? Yes / No No /NOV (Yes /UTC if DL is not Date of birth? (Driver Liability Only) (If yes, what is required on either the provided) NOV or UTC ?) 11.18 Are there special requirements for Yes / No No Juveniles? (If yes, what is required ?) 11.19 If a court date is printed on the first N/A "_..., 2015 American Traffic Solutions, Inc . Proprietary and Confidential Axsis rm Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 9 • • Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey 'Questions : , Conditions Answers Date of Change notice, how is the court date determined? 11.20 Will Phone Customer Service be Yes / No Yes, ATS Operations 1-866-225-8875 provided during this time? ATS 1-866-790-4111 If yes, who will provide service? Police/Sheriff Department Court 11.21 Will Walk Customer Service be Yes / No No provided? If so, by whom? Court PD/Sheriff 11.22 Are there any special mailing First Class First Class requirements for the 1 Notice? Bulk Mail Certificate Other (If Other, please specify) 12.0 Affidavits of Non 12.1 Will Customer or ATS receive the Affidavit must be received at ATS by Affidavit sent by individuals and what the due date on the First Notice is the due date for the affidavit? 12.2 Does the Affidavit need to be scanned Yes / No Yes, ATS will scan into AXSIS into Axsis? If yes, will ATS or Customer scan Affidavit into AXSIS? 12.3 Define the process if the affidavit is ATS to scan the affidavit and any 5/21/15 received by ATS on or before the due supporting documentation into Axsis date, but is not processed until after. and notify TIEO. TIEO to review all pieces of evidence and make determination Corporations 12.4 Which processing group will handle PD/Sheriff ATS to scan the affidavit and any affidavits for Corporations? Court supporting documentation into Axsis (i.e. Rental Car Companies, Leasing ATS and notify TIEO. TIEO to review all Companies, Fleet Vehicles, Car Will not offer affidavits pieces of evidence and make Dealerships, etc.) determination 12.5 What is the full address Affidavits will Name City of Boynton Beach c /o Intersection Safety Program 2015 American Traffic Solutions, Inc. Proprietary and Confidential ------- AxsisTm Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 10 Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey Questions , Conditions Answers Date of Change be mailed to? Street Address PO Box 22091 Customer, State Zip Tempe, AZ 85285 -2091 12.6 Via what channels can an Affidavit be Mail Mail submitted? Fax Fax Walk -in to PD /Sheriff Local Hearing Hearing at Court 12.7 Describe the process to be followed if Faxed to ATS Faxed to ATS the affidavits are not mailed to the Mailed to ATS Mailed to ATS above processing group Customer will handle Present at Local Hearing 12.8 Is a dismissal letter mailed to Rental Car Company - Yes / No No partnership corporations when an Leasing Company - Yes / No No affidavit is submitted? Fleet Vehicles - Yes / No No Car Dealerships - Yes / No No Other Corporations - Yes / No No Individuals 12.9 Are Affidavits allowed from Individuals Yes / No Yes where another driver is identified 12.10 Which processing group will handle PD /Sheriff ATS to scan the affidavit and any individual Affidavits of non- Court supporting documentation into Axsis responsibility? ATS and notify TIEO. TIED to review all Will not offer affidavits pieces of evidence and make determination 12.11 What is the full address Affidavits will Name City of Boynton Beach be mailed to? Street Address c /o Intersection Safety Program Customer, State Zip PO Box 22091 Tempe, AZ 85285 -2091 12.12 Via what channels can an Affidavit be Mail Mail submitted? Fax Fax Walk -in to PD /Sheriff Local Hearing Hearing at Court 12.13 Describe the process to be followed if Mailed to ATS Mailed to ATS affidavits are not mailed to the above Faxed to ATS Faxed to ATS processing group Customer will handle Present at Local Hearing 2015 American Traffic Solutions, Inc. Proprietary and Confidential AxsisTm Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 11 Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey #1... Questions Conditions . ° - Answers - Date of Change 12.14 Is identification of the driver Optional Required Required 5/21/15 or Required on the Affidavit? Optional 12.15 What should be done if driver address 1. ATS Operations may not handle ATS Operations may not handle is not US, Canada or Mexico? 2. ATS Operations may handle ATS to scan the affidavit and any If ATS operations may handle the supporting documentation into Axsis directive is to: and notify TIEO. TIED to review all Request a review by police officer pieces of evidence and make Request a hearing determination Correct Plate Dismiss Describe any special processes the Customer would like in place for the following circumstances: 12.16 Plate Number / State entered 3. ATS Operations may not handle ATS Operations may not handle Incorrectly 4. ATS Operations may handle ATS to scan the affidavit and any If ATS operations may handle the supporting documentation into Axsis directive is to: and notify TIEO. TIED to review all Request a review pieces of evidence and make Request a hearing determination Correct Plate Dismiss 12.17 Part of Funeral Procession 1. ATS Operations may not handle ATS Operations may not handle 2. ATS Operations may handle ATS to scan the affidavit and any If ATS operations may handle and supporting documentation into Axsis Affidavit with letter from Funeral Home and notify TIEO. TIED to review all is received what directive should ATS pieces of evidence and make follow: determination Request a review Request a hearing Dismiss 12.18 Ticket Issued by PD /Sheriff 1. ATS Operations may not handle ATS Operations may not handle 2. ATS Operations may handle ATS to scan the affidavit and any If ATS Operations may handle and supporting documentation into Axsis Affidavit with copy of police- issued and notify TIEO. TIED to review all ticket is received what directive should pieces of evidence and make ATS follow: determination 2015 American Traffic Solutions, Inc. Proprietary and Confidential AxsisTm Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 12 • Red FL AQ�:���anx�n��»�n�� CSA: Sandy Mickey ^ _ ' __- -_-_- # ' ` .� -`� ' -� �. � � . ' � � ` �~ ��; �/ -��' �� ` '�^`� ���' - 'v���mm�m� ��� ��/- ' �� `�~ ^�«�wp���` `� � *e '� Change '- Request a review Request a hearing Dismiss 12.19 Stolen Vehicle or Plate 1. ATS Operations may not handle ATS Operations may not handle 2. ATS Operations may handle ATS to scan the affidavit and any If ATS Operations may handle and supporting documentation into Axsis Affidavit with Police Report is received and notify TIEO. T|EOto review all what directive should ATS follow: pieces of evidence and make determination Request areview Request hearing Dismiss 12.20 DMV Error 1. ATS Operations may not handle ATS Operations may not handle Is affidavit required? 2. ATS Operations may handle ATS to scan the affidavit and any If ATS Operations may handle and supporting documentation into Axsis Affidavit with copy of their vehicle and notify TIEO. TIEO to review all registration is received what directive Pieces of evidence and make should ATS follow: determination Request a review Request a hearing Dismiss 12.21 Traffic Control Si nal was not in 1. ATS Operations may not handle ATS Operations may not handle proper position or not sufficiently 2. ATS Operations may handle ATS to scan the affidavit and any legible If ATS Operations may handle what supporting documentation into Axsis and notify T|EOtorew�vv�|| din���|weshou|d�T�foUovv on n , TIEO. review Request a review pieces of evidence and make determination Request a hearing Dismiss 12.22 Qperator of vehicle was acting in 1. ATS Operations may not handle ATS Operations may not handle compflance with the lawful order or 2. ATS Operations may handle ATS to scan the affldavit and any direction of a police officer or sheriffs If ATS Operations may handle what supporting documentation into Axsis deputy directive should ATS follow: and notify TIEO. TIE[) to review all Request a review pieces of evidence make determination Request a hearing 2015 American Traffic ov|mivno, Inc. Proprietary nu Confidential AxsisTm Processing SYstern Boynton Beach, FL v1.12 BRQ v12.2A - Page 13 • Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey # Questions Conditions Answers 'Date of :Change Dismiss 12.23 Operator of vehicle was yielding to an 1. ATS Operations may not handle ATS Operations may not handle approaching emergency vehicle 2. ATS Operations may handle ATS to scan the affidavit and any If ATS Operations may handle what supporting documentation into Axsis directive should ATS follow: and notify TIEO. TIED to review all Request a review pieces of evidence and make Request a hearing determination Dismiss 12.24 Vehicle was operating as an 1. ATS Operations may not handle ATS Operations may not handle emergency vehicle 2. ATS Operations may handle ATS to scan the affidavit and any If ATS Operations may handle what supporting documentation into Axsis directive should ATS follow: and notify TIEO. TIED to review all Request a review pieces of evidence and make Request a hearing determination Dismiss 12.25 Hazardous road conditions existed 1. ATS Operations may not handle ATS Operations may not handle 2. ATS Operations may handle ATS to scan the affidavit and any If ATS Operations may handle what supporting documentation into Axsis directive should ATS follow: and notify TIEO. TIED to review all Request a review pieces of evidence and make Request a hearing determination Dismiss 12.26 Vehicle was sold 1. ATS Operations may not handle ATS Operations may not handle 2. ATS Operations may handle ATS to scan the affidavit and any If ATS Operations may handle and supporting documentation into Axsis Affidavit with sold receipt is received and notify TIEO. TIED to review all what directive should ATS follow: pieces of evidence and make Request a review determination Request a hearing Transfer of Liability 12.27 Death 1. ATS Operations may not handle ATS Operations may not handle 5/22/15 2. ATS Operations may handle ATS to scan the affidavit and any If ATS Operations may handle and supporting documentation into Axsis • 2015 American Traffic Solutions, Inc. Proprietary and Confidential Axsis rte Processing _ i . essing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 14 • Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey Questions Conditions Answers Date of Charge Copy of Death Certificate is received and notify TIEO. TIED to review all what directive should ATS follow: pieces of evidence and make Request a review determination Request a hearing Dismiss 12.28 Registered Owner is a Business 1. ATS Operations may not handle ATS Operations may not handle Owner and is naming an employee 2. ATS Operations may handle ATS to scan the affidavit and any If ATS Operations may handle and an supporting documentation into Axsis Affidavit is received what directive and notify TIEO. TIED to review all should ATS follow: pieces of evidence and make Request a review determination Request a hearing Transfer of Liability 12.29 Military Deployment 1. ATS Operations may not handle ATS Operations may not handle 2. ATS Operations may handle ATS to scan the affidavit and any - If ATS Operations may handle and an supporting documentation into Axsis Affidavit with Power of Attorney is and notify TIEO. TIED to review all • received what directive should ATS pieces of evidence and make follow: determination Request a review Request a hearing Dismiss 12.30 Incarceration 1. ATS Operations may not handle ATS Operations may not handle 2. ATS Operations may handle ATS to scan the affidavit and any If ATS Operations may handle and supporting documentation into Axsis Affidavit with Power of Attorney is and notify TIEO. TIED to review all received what directive should ATS pieces of evidence and make follow: determination Request a review Request a hearing Dismiss 12.31 Does the Affidavit need to be Yes / No Yes Notarized? 12.32 Is a dismissal letter mailed to whoever Yes / No Yes 2015 American Traffic Solutions, Inc. Proprietary and Confidential AxsisT" Processing System Boynton Beach, FL v1.12 BRQ v12 - Page 15 • Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey # Questions .Conditions Answers Date of Change '. submitted the affidavit? If No, can a general dismissal letter be Yes / No N/A sent upon request? 12.33 Will Insufficient Info letter be mailed? Yes / No Yes If so, list the Insufficient Information Affidavit Not Notarized Affidavit Not Notarized Reasons. Affidavit Not Provided Affidavit Not Provided Bill of Sale Needs Sale Date and Bill of Sale Needs Sale Date and Buyer's Signature Buyer's Signature Bill of Sale not Provided Bill of Sale not Provided Copy of Registration Needed Copy of Registration Needed Did not Provide Copy of Death Did not Provide Copy of Death Certificate Certificate Driver Information Missing or Driver Information Missing or Incomplete Incomplete Full Name and Address Missing Full Name and Address Missing Missing Date of Birth Missing Date of Birth Missing Driver Full Address Missing Driver Full Address Missing Driver Full Name Missing Driver Full Name No Signature on Bill of Sale No Signature on Bill of Sale No Supporting Documentation No Supporting Documentation Paperwork Not Legible Paperwork Not Legible Received too Late Received too Late Stolen Vehicle Police Report Missing Stolen Vehicle Police Report Missing 12.34 Number of days to retain any paper Shred after scanning is complete 30 days after scanning and linking documents (Affidavits, 30 days after scanning and linking correspondence, etc.), mailed into 60 days after scanning and linking ATS Operations from violators, that 90 days after scanning and linking are electronically scanned into Axsis and linked to the appropriate Notice. 13.0 Court Interface of Notice Information 13.1 Will the Customer use the Axsis Yes / No No, see 13.3 5/22/15 System for an electronic interface with If yes, does an interface currently exist the Court System to transmit an or must it be established? electronic replica of the UTC to the If no, include PMO #. Court? 2015 American Traffic Solutions, Inc. Proprietary and Confidential AxsisTM' Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 16 ■ Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey # Questions Conditions Answers Date of Change Does a note regarding the file transfer Yes, what is the verbiage to be used? No 5/22/15 to the court need to be included in No AXSIS? 13.2 Does the court want the electronic Yes / No Yes PDF File of the Notice? 13.3 Can the court access the AXSIS FTP Yes / No No, the Customer will interface with the site and copy the notices from the AXSIS FTP site and upload the actual FTP site? replica of the UTC and metadata into a FTP URL Address: Customer system for review and the electronic transmittal of the UTC to the County Court. 13.4 If no court interface, will Customer Yes / No No deliver hard copies to the court? If yes, provide the address. 13.5 Will the court manually enter the Yes / No No Notice payment information? 13.6 Is ATS Operations required to print Yes / No No and mail copies of the Notices to the Court? 13.7 Define when the notice to the court is N/A a different notice or a subset of a notice mailed to the violator. 13.8 Does ATS need to retain DMV . Yes / No No information? 14.0 Second or Delinquent Notices 14.1 Who issues the Second or Delinquent ATS Police Department Notice? Court Sheriff /PD Who prints and mails the Second or ATS ATS contracted print vendor Delinquent Notice? Court Sheriff /PD 14.2 Return Address — upper left hand PD /Sheriff City of Boynton Beach, Florida corner Court Violation Processing Center (place for undeliverable mail) 2015 American Traffic Solutions, Inc . Proprietary and Confidential AxsisTM' Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 17 Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey # Questions Conditions Answers Date of Change ATS Operations PO Box 22091 Tempe, AZ 85285-2091 Customer Service # 1-866-224-2354 14.3 What is the Second Notice called? Delinquent Notice Florida Uniform Traffic Citation Delinquent Notice of Violation Notice to Appear Uniform Traffic Citation (UTC) Will a UTC Second Review be Yes / No Yes utilized? If yes, see section 20.5 What triggers UTC to issue? UTC Issuance by TIED UTC Issuance by TIED 5/22/15 5+ days after NOV Due Date* (*cannot exceed 330 days for UTC Issuance maximum is 365 days from violation date) 14.4 Are there any other signature Yes / No Yes, the UTC issuer's signature as requirements on the Second Notice? long as the issuing officer has a signature on file. 14.5 Are back shot images (A&B for Red Yes / No Yes, including plate shot Light) to be included on the Second Notice? 14.6 If a court date is printed on the N/A Second Notice, how is the court date determined? 14.7 Are there any special mailing Yes / No Certified Mail requirements for the 2 Notice? 14.8 Are there any additional notices? Yes / No No YES, please list the name of each Courtesy Notice ( Reminder Notice) additional notice to be used. Does the agency want the Reminder Yes / No No notice sent? There is a $2.00 fee per notice mailed. 14.9 Who mails the Reminder notices? ATS N/A Court When is the Reminder Notice mailed? FN Issue date + 35 days N/A - 2015 American Traffic Solutions, Inc. Proprietary and Confidential . --------- AxsisTM' Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 18 Red Light Camera - Business Rules Questionnaire (BRQ) Customer Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey " ; Questions I "Conditions Answers ` Date of Change 14.10 Are there any other signature Yes / No No requirements on the Courtesy Reminder Notice? 14.11 Are back shot images (A &B for Red Yes / No N/A Light) to be included on the Second Notice? 14.12 If a court date is printed on the N/A additional notice(s), how is the court date determined? 14.13 Are there any special mailing Yes / No N/A requirements on the additional notice(s)? 15.0 Fine Schedule 15.1 Is there progressive enforcement? Yes / No No If yes, please explain 15.2 Explain the fine schedule: (Issue Date Ex: FN due date + 30), (Due Date Ex: SN Issue date + 15) Fine Amount Issue Date Due Date Late Fee Court Fee Mailed by (ATS/Court/PD/Sheriff) First Notice $158.00 Police Issuance + 1 NOV Issue Date + 60 N/A N/A ATS Business day days Reminder Notice N/A N/A N/A N/A N/A N/A Second Notice / UTC $264.00 UTC Issuance date + 1 Issue Date + 30 days N/A N/A ATS business day 16.0 Collections — Not Enforced 17.0 Collection Notices — Not Enforced 18.0 Collection Enforcement Procedures — Not Enforced 19.0 Payment Processing 19.1 Will the Customer be using the AXSIS Yes / No Yes SYSTEM to manage payments? Please explain 19.2 Is ATS sending Customer their funds Yes / No Yes weekly via ACH? 2015 American Traffic Solutions, Inc. Proprietary and Confidential Axsis "A Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 19 • Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey Questions Conditions Answers Date of Change 19.3 Who is the Finance Contact (please Name Sue Maroney include all required information from Title Revenue Manager the list)? Phone Number 561-742-6318 Email Address moronevsAbbfl.us 19.4 What forms of payment are accepted? Cash Mailed Web Walk-in E-check Money Order Visa N/A Money Orders Checks MasterCard Certified Checks Cash Discover Personal Checks Visa MasterCard Discover Accept MoneyGram? Yes / No No MoneyGram. If Yes, what is the receive code N/A (Accounting) 19.5 A convenience / service fee will be Dollar Amount Up to 5% of the total dollar amount for added to online and phone payments. Percentage each electronic payment processed. 19.6 Returned Check Fee Amount $25 N/A $30 Other 19.7 Is a T party used for returned check Yes / No No collection for walk-in payments? Mailed Payments 19.8 What address will mailed payments ATS Lockbox Provider City of Boynton Beach go to? Court Payment Processing Center Enter full address. PO Box 742527 Cincinnati, OH 45274 19.9 If not ATS Lockbox Provider, will Yes / No N/A payments be manually entered into Axsis? 19.10 Will the standard payment coupon be Yes / No Yes utilized? 2015 American Traffic Solutions, Inc. Proprietary and Confidential AxsisT" Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 20 Red Light Camera 7 Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey Questions Coridhons 1 Answers Date of Change Web Payments 19.11 Who will handle web payments? AXSIS System AXSIS System Court Other 19.12 If not AXSIS System, will payments be Yes / No No manually entered into Axsis? Walk-in Payments 19.13 What is the full address for walk-in No walk-in payments accepted payments? 19.14 Will payments be manually entered Yes / No Yes, if an instance occurs for a walk-in into Axsis? payment Refunds 19.15 Review the Refund Request Form; is Yes / No Yes this sufficient? 19.16 What is the full address for refund City of Boynton Beach Finance requests? P.O. Box 310 Boynton Beach, FL 33425 20.0 Administrative Reviews. & Hearings 20.1 Describe the process the Customer Violator mails signed hearing request would like in place for Administrative coupon or form to address on front of Reviews & Hearings coupon. Lockbox will schedule a hearing based on the hearing information provided in section 20.6 20.2 Do you want ATS Operations to Yes / No No schedule hearings over the phone? 20.3 Do you want ATS Operations to re- Yes / No No, written requests for reschedule of 4/2/15 schedule hearings over the phone if hearings must be received by the local the violator is not happy with their hearing officer at least 5 days before hearing date? the hearing date. Violators are permitted 1 hearing reschedule. 20.4 Dates City is Closed New Year's Day New Year's Day 4/2/15 2015 American Traffic Solutions, Inc. Proprietary and Confidential Axsis TM Processing System Boynton Beach, FL v1.12 BRQ v1 - Page 21 Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey questions Conditions Answers Date of Change, Martin L. King Jr. Day Martin L. King Jr. Day President's Day President's Day Memorial Day Memorial Day Independence Day Independence Day Labor Day Labor Day Columbus Day Columbus Day Veteran's Day Veteran's Day Thanksgiving Day Thanksgiving Day Christmas Day Day after Thanksgiving Christmas Eve Day Christmas Day 20.5 Define the UTC 2 Review Setup Law Enforcement Officer or TIED 5/22/15 would run the UTC Review Report to view violations eligible for UTC issuance 65 days after the NOV Issuance Date or as soon as possible thereafter. Law Enforcement Officer or TIED to access violation data in the UTC Review queue, perform their review, and take one of two actions: DISMISS and select the REASON. OR ISSUE and select the REASON. A UTC will be mailed on the next business day with the issuer's signature as long as the issuing officer has a signature on file. Location UTC 2 Review Days of Week All Mon, All Tue, All Wed, All Thu, All Fri, All Sat, All Sun Hours of Day 9:00 AM Time slot length 9999 2015 American Traffic Solutions, Inc. Proprietary and Confidential AxsisN Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 22 Red Light Camera Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey Questions Conditions Answers Date of Change Max # per time slot 9999 How far out should reviews be Daily scheduled? Reviewers names All enabled Police Reviewers Dispositions NOV Dismissed UTC Issued Disposition Reason TIED Decision Fine Reduction? No Court Costs Added? No Is it variable or fixed? N/A Can Court Costs Waived? No Auto mailed option? Save Printed locally option? No How long do they have to pay? 30 days Is it a variable due date? Y/ N No Define the NOD's NOV Dismissed UTC Issued Define any automated process N/A 20.6 Define the Local Hearing Setup Notification Letter? Yes (temporarily disabled as of 12/3/2014) 5/22/15 If yes, Denial Letter for late requests? Yes Location City of Boynton Beach City Hall Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Days of Week 2 and 4th Thursday Hours of Day 9:00 AM Time slot length 1 Max # per time slot 30 How far out should hearings be 20 days then next available scheduled? 2015 Am erican Traffic Solutions, Inc. Proprietary an Confidential Axsis Processing System Boynton Beach, FL v1.12 BRQ v12 2A Page 23 Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey Questions Conditions I Answers Date of Change Reviewers names James D. Stokes Dispositions Upheld Dismissed Rescheduled Disposition Reasons Broken Equipment Even if true, No Defense Funeral Procession General Denial Hardship Hearing Cancelled Issued to Wrong Plate Medical Emergency No Action Needed No Defense Not the Driver Not the Owner Officer Directing Traffic Plate Illegible Plate Stolen Rescheduled Vehicle Not in Violation Vehicle Sold Vehicle Stolen Vehicle Stopped Waved Through Weather Condition Yielding to Emergency Vehicle Automatic FTA? Y/N No How many days? N/A Define FTA NOD N/A Fine Reduction? No What is Administrative Fee? $85.00 5/22/15 2015 American Traffic Solutions, Inc. Proprietary an Confidential Axsis System Boynton Beach, FL v1.12 BRQ v12.2A P ge24 Red Light Camera Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey Questions .'' Conditions Answers = , Date of Change Is it variable or fixed? Variable Can Administrative Fees be Waived? No 5/22/15 Auto mailed option? Yes Printed locally option? No How long do they have to pay? 30 days Is it a variable due date? Y/ N Yes Define the NOD's Upheld Dismissed Rescheduled Define any automated process NODs will be printed and mailed by ATS contracted print vendor once adjudication is completed. 21.0 Dismissal Function within Axsis — outside of the Hearings & Reviews 21.1 What reasons is a dismissal entered? DMV Error Administrative Decision Other (List) DMV Error Funeral Procession Issued in Error No Violation — False Trigger Plate Identified Incorrectly Police Ticket Issued Stolen Vehicle /Plate Yielding to Emergency Vehicle 21.2 Does the Dismissal letter get sent to Yes / No Yes the violator? 22.0 Evidence Package & Reports 22.1 What full address is printed at the top of each Report? 22.2 Please list all reports needed. All Standard Reports UTC Review Report 22.3 What documents are to be placed in Notice of Violation (FN, SN and /or CN) Notice of Violation (FN, SN) Evidence Package? 2015 American Traffic Solutions, Inc. Proprietary and Confidential --- - - - -- AxsisTm Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 25 Red Light Camera - Business Rules Questionnaire (BRQ) Customer: Boynton Beach, FL AM: Orlando Torres CSA: Sandy Mickey Questions :; ., Concifions. Answers Date,of Change,- Notice of Determination Notice of Determination General Letters General Letters Collection Letter (Internal only) Violation Data Report Camera Log Report System Reliability Report Violation Data Report Correspondence to /from violator Correspondence to /from violator System Reliability Report 23.0 General Invoicing 23.1 To whom at the Customer should the Name Gwen Mills invoice be sent (please supply all Title City of Boynton Beach Police required information listed to the Full Address Department right)? 100 E Boynton Beach Blvd Phone Number Boynton Beach, FL 33425 Email Address 561 - 742 -6820 millsq(a�bbfl.us 2015 American Traffic Solutions, Inc. Proprietary and Confidential _. AxsisT"" Processing System Boynton Beach, FL v1.12 BRQ v12.2A - Page 26