R13-074 1 RESOLUTION R13 -074
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3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF BOYNTON BEACH, FLORIDA, APPROVING A THIRD
5 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN
7 TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT
8 ENFORCEMENT PROGRAM AND AUTHORIZING
9 EXECUTION OF THE THIRD AMENDMENT BY THE CITY
10 MANAGER AND CITY CLERK; AND PROVIDING AN
11 EFFECTIVE DATE.
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13 WHEREAS, in 2009, the City entered into an Agreement with American Traffic
14 Solutions, Inc. (ATS) to implement a red light camera enforcement program pursuant to
15 City Ordinance 08 -034; and
16 WHEREAS, on September 16, 2010 and December 18, 2012, the City and ATS
17 amended the Agreement; and
18 WHEREAS, on June 18, 2013 the City Commission established the City's local
19 hearing process for Red Light Camera citations pursuant to Florida House Bill 7125; and
20 WHEREAS, the Agreement between the City and ATS requires amendment to
21 incorporate the services that the City will require of ATS to comply with the new
22 legislation; 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 Third Amendment to
25 Professional Services Agreement Between the City of Boynton Beach and American
26 Traffic Solutions for Photo Red Light Enforcement Program and authorize the City
27 Manager and City Clerk to execute the document.
28 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
29 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
2 as being true and correct and are hereby made a specific part of this Resolution upon
3 adoption hereof.
4 Section 2. The City Commission of the City of Boynton Beach, Florida does
5 hereby approve and authorize execution by the City Manager and City Clerk of the Third
6 Amendment to Professional Services Agreement between the City of Boynton Beach and
7 American Traffic Solutions for Photo Red Light Enforcement Program, a copy of which is
8 attached hereto as Exhibit "A ".
9 Section 3. This Resolution will become effective immediately upon passage.
10 PASSED AND ADOPTED this 6 day of August, 2013.
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12 CITY OF BOYNTON BEACH, FLORIDA
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15 Ma r — erry aylor
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18 ice Mayor — Woodrow . Hay
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21 o m ss +ner avid T. Merker
22 _ hh
23 '1
24 Co missioner — ichael M. Fitzpatrick
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27 Co issioner — Joe Casello
28 ATTEST:
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30• PLOLL111:41).
31 J t M. Prainito, MMC
32 City
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35 1 1 (1 t DoiS4 eal)
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R 13-0
THIRD AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT
This Third Amendment (this "Amendment ") is dated effective this jr 3 day of 5134• 404—, 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 July 1, 2013,
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 Florda 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 by the violator "
3 Exhibit D is hereby amended to add a new Section 16 as follows "Subsequent notices, other than those specified
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 ID 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 shah 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 "
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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 / Solutions, 1 _
By a : 4 CL/t By z
Title City Manager Title fiQ,4 tL:tAnSgL_
Date September 18, 2013 Date enzia
APPROVED AS TO FORM:
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°°��°° TTORMEY
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