R15-138 1 RESOLUTION R15- O 28
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING A LETTER OF UNDERSTANDING TO
5 CORRECT A SCRIVENER'S ERROR CONTAINED ON PAGE
6 TWO OF EXHIBIT B TO THE FOURTH AMENDMENT TO
71 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
8 j CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC
9 ! SOLUTIONS AND AUTHORIZING THE MAYOR TO SIGN THE
10 LETTER OF UNDERSTANDING; AND PROVIDING AN
11 EFFECTIVE DATE.
12
131 WHEREAS, on August 17, 2015, the City Commission approved the Fourth
14 Amendment to Professional Services Agreement between the City of Boynton Beach and
15 American Traffic Solutions, Inc. (ATS); and
16 WHEREAS, Exhibit B, Construction and Installation Obligations, which was
17 attached to the Fourth Amendment to Professional Services Agreement with ATS,
18 contained a scrivener's error on page two and incorrectly referred to Broward County
19 rather than Palm Beach County; and
20 WHEREAS, the parties have jointly agreed, pursuant to the attached Letter of
21 Understanding that the revised page which contains the corrected information should be made
22 a part of the Fourth Amendment to Professional Services Agreement; and
23 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it
24 in the best interest of its residents and citizens to approve the Letter of Understanding to
25 p
correct a scrivener's error on page two of Exhibit B to the Fourth Amendment to
26 I Professional Services Agreement Between the City of Boynton Beach and American
27 Traffic Solutions and to authorize the Mayor to sign the Letter of Understanding.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
29 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
100099574. 3o6- 90o182I ;S: \CA \RESO \ Agreements \Letter of Understanding to Fourth Amendment to ATS Red Light Agmt - Reso.doc
_
31 as being true and correct and are hereby made a specific part of this Resolution upon
32 adoption hereof.
33 Section 2. The City Commission of the City of Boynton Beach, Florida does
34 hereby approve and authorize the Mayor to sign the Letter of Understanding to correct the
35 scrivener's error contained on page two of Exhibit B to the Fourth Amendment to
36 Professional Services Agreement between the City of Boynton Beach and American
37 Traffic Solutions, a copy of the Letter of Understanding and corrected page two of Exhibit
38 B are attached hereto.
39 Section 3. This Resolution will become effective immediately upon passage.
40 PASSED AND ADOPTED this AD day of ThwB>g2 , 2015.
41 CITY OF BOYNTON BEACH, FLORIDA
42 YES NO
43
44 Mayor - Jerry Taylor ✓
45
46 Vice Mayor - Joe Casello ✓
47
48 Commissioner - David T. Merker ✓
49
50 Commissioner - Mack McCray +/
51
52 Commissioner - Michael M. Fitzpatrick
53
54
55 VOTE S- v
56 ATTEST:
57 -
58 e Li .
59 J. .:,t M. Prainito, MMC
60 ' ity Clerk
61
62 (Corporate Seal)
100099574 1 is 82! )S: \CA\RESO\Agreements \Letter of Understanding to Fourth Amendment to ATS Red Light Agmt - Reso.doc
The City of Boynton Beach
OFFICE OF THE CITY COMMISSION
e CIA‘ ° Mayor Gerald Taylor
Vice Mayor Joseph A. Casello
f Commissioner Michael M. Fitzpatrick
Commissioner Mack McCray
10 Commissioner David Merker
O > 100 E. Boynton Beach Boulevard
�• T p 04 Boynton Beach, Florida 33435
(P): 561- 742 -6010 1 (F): 561- 742 -6011
www.boynton- beach.org
October 20, 2015
Sent by FedEx, tracking no. 8066 2789 9331
David M. Roberts, President
American Traffic Solutions
1330 W. Southern Ave.
Tempe, AZ 85282
RE: City of Boynton Beach / Letter of Understanding Regarding Scrivener's Error
Dear Mr. Roberts:
Please allow this Letter of Understanding to confirm that the City of Boynton Beach's employees
will by provide, by electronic transmission, a replica of the Uniform Traffic Citation data to the Palm
Beach County Court.
More specifically, on August 4, 2015, the Boynton Beach City Commission voted to enter into a
Fourth Amendment to the existing contract between the City and American Traffic Solutions. Such
Amendment contained an Exhibit 13. On page 2 of Exhibit B, there is a scrivener's error which
references electronic transmission of data to "Broward County Court." Since the City of Boynton
Beach is located in Palm Beach County, Florida, the agreement should state "Palm Beach County
Court."
Enclosed with this letter is page 2 of Exhibit B which contains the proper reference to Palm Beach
County Court. Upon your review, should you concur with the correction of the scrivener's error,
please acknowledge such by signing below as indicated.
Since') y,
Mayor Je Tayl r
A RPO TE AC . ■ . DGEMENT AND ACCEPTANCE:
David M. Robert , ' esident and COO
Date: � 9
AMERICA'S GATEWAY TO THE GULFSTREAM
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 Palm Beach 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
{00099607 1 306 - 0806020 {