R15-087 r-
1 RESOLUTION R15 -087
2.
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 1 FLORIDA, APPROVING A FOURTH AMENDMENT TO
5 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
6 ? CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC
7 SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT
8 PROGRAM AND AUTHORIZING THE MAYOR AND CITY
9 CLERK TO SIGN THE FOURTH AMENDMENT; AND
10 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, December 18, 2012, and September 13,
16 2013 the City and ATS amended the Agreement; and
17 WHEREAS, City staff has revised the Red Light Camera Business Rules to address
18 the opinions expressed by the local judges and hearing officers as well as the opinions
19 expressed in the Arem case, even though the City's program has always been different than
20 ro ram described in the Arem case; and
the case; program
21 WHEREAS, the Amended Professional Services Agreement would allow the City
22 to resume its red light camera program and, if challenged, present the modified program to
23 the courts for review; and
24 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it
25 in the best interest of its residents and citizens to approve the Fourth Amendment to
26 Professional Services Agreement Between the City of Boynton Beach and American
27 Traffic Solutions for Photo Red Light Enforcement Program and authorize the Mayor and
28 City Clerk to sign the Fourth Amendment.
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1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
4 as 'being true and correct and are hereby made a specific part of this Resolution upon
5 adoption hereof.
6 Section 2. The City Commission of the City of Boynton Beach, Florida does
7 hereby approve and authorize execution by the Mayor and City Clerk of the Fourth
8 Amendment to Professional Services Agreement between the City of Boynton Beach and
9 American Traffic Solutions for Photo Red Light Enforcement Program, a copy of which is
10 attached hereto as Exhibit "A ".
11 Section 3. This Resolution will become effective immediately upon passage.
12
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14
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_Fourth_Amendment_to_ATS_Red_L i ght_Agmt. doc
1 PASSED AND ADOPTED this day ofiki vt , 2015.
2 CITY OF BOYNTON BEACH, FLORIDA
3
4 , YES NO
5
6 Mayor — Jerry Taylor
7
8 Vice Mayor — Joe Casello
9
10 Commissioner — David T. Merker
11
12 Commissioner — Mack McCray
13
14 Commissioner — Michael M. Fitzpatrick
15
16
17 ! VOTE -3'0
18 ATTEST:
19
20
21 O / ZOO C ,6Efa7T CIT etexe
et M. Prainito, lV SIC
3 City Clerk
24
25
26 (Corporate Seal) Y `P,
.,, Ci '
O N P
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_Fourth_ Amendment _to_ATS_Red_Light_Agmt.doc
FOURTH AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT
This Fourth Amendment (this "Amendment ") is dated effective this day of
, 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 , 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 light 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."
{00088913 306- 0806020)
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 light 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.
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SIGNATURE PAGE FOLLOWS]
000889131 306-0806020
IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment.
CITY OF BOYNTON BEACH, FLORIDA
By: �, /,g,v S
g M aor f Date
APPROVED AS • RM: ATTEST:
By: 11/ 1 2 By: �` , �/5
ity Attorne, Date City Clerk ate/
AMERIC TRAFFIC 0 0 L , IONS, INC. �+ '° ' ..
z2 •
By
+ yl.ri
David M. Ro • erts, President Date � = ` r
(00089814.1 306- 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 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 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]
(00088913.1 306 - 0806020 )
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
;000889H 1 306 - 0806020
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 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 and the activation date. Additionally, Vendor shall coordinate
including assisting the City with
public relations efforts with the City, g g y press releases and other p
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.
(00088913.1 306 - 0806020 )
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
{00088913 1 306 - 0806020 )
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.
(00088913.1 306 - 0806020
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
{00088913 1 306 - 0806020
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.
{00088913 1 306 - 0806020 )
The Ci o Bo retort Beach
x-rYy 100 E.Boynton Beach Boulevard
G _ P.C.Box 310
", Boynton Beach,Florida 33425 0310
L (561)742.6050
_ FAX FAX: (561)742-6054
4)-oN a.
September 14,2016
Sent by Federal Express,tracking no.8668-1858-4267
David M. Roberts
Chief Financial Officer, American Traffic Solutions, Inc."
1150 N,Alma School Road
Mesa,AZ 85201
RE: City of Boynton Beach("City")—Notice of Contract Termination
Dear Mr. Roberts,
At its August 16, 2016 meeting the City Commission approved, by a 3— 2 vote,the continuation of the
Professional Services Agreement with American Traffic Solutions ("ATS") by agreeing not to exercise its
right to terminate as permitted in the Fourth Amendment to the Agreement.
At its September 8, 2016 meeting, following a motion for reconsideration by a Commissioner who was
on the prevailing side of the August 16th vote, the Boynton Beach City Commission voted again, this
time to terminate its Agreement with ATS. The vote was 3 —2. This letter constitutes the City's formal
notice that it is terminating its Professional Services Agreement with ATS. Pursuant to the Fourth
Amendment,the Agreement will end December 31,2016.
Please contact the City Attorney's Office regarding any Agreement close-out matters.Thank you for your
courtesy and professionalism.
Very trig your ,
411,
�.
'en B. Grant
Mayor
CC: Commission(by electronic mail)
James A. Cherof, City Attorney; Lori LaVerriere, City Manager; Jeffrey Katz, Chief of Police
Rebecca Collins,ATS General Counsel(by electronic mail to Rebecca.Collins@atsol.com)
Dan Reeb,ATS Associate General Counsel(by electronic mail to Dan.Reeb@atsol.com)
(00150417.1506-0806020)
America's Gateway to the Gulfstream
.American
Traffic Solutions'"
August 10, 2017
SENT VIA FED-EX
Lori Laverriere
The City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: City of Boynton Beach ("City') — Notice of Rescission of Contract Termination
Dear Ms. Laverriere:
Enclosed please find the Notice of Rescission of Contract Termination with respect to the contract
between the City of Boynton Beach and American Traffic Solutions, Inc. executed by David M. Roberts,
President.
Sincerely,
andy Oran
Sr. Paralegal
Enclosure
1150 North Alma School Road, Mesa, Arizona 85201 TEL 480.443.7000 ® www.atsol.com
The City of Boynton Beach
ti ¢ 100 E.Boynton Beach Boulevard
P.O Box 310
r
\ Boynton Beach,Florida.33425-031.0
s -,71±"1.7 ,,,,L
(561)742 6050
r . .cFAX (561)742-6054
A
„.rte
August 7, 2017
Sent by Federal Express, Tracking No. 8668 2152 1339
David M. Roberts:..
President and CEO,American.Traffic Solutions,Inc:TM
1150.N. Alma School Road
Mesa,AZ 85201
RE: City of Boynton Beach ("City")—Notice of Rescission of Contract Termination
Dear Mr: Roberts;
At its:September 8, 2016 meeting, the Boynton Beach City Commission voted to terminate its
contract with American Traffic Solutions : ("ATS") pursuant to ;Section 6 of the Fourth
Amendment to the Professional Services Agreement between the City and ATS (the "Contract")
ATS was notified of the cancellation by letter dated September 14, 2016._(See attached:)
On August 1,2017, the City Commission adopted a motion to reconsider its September 8;.2016
vote and rescinded the September 14, 2016 contract termination letter, subject to acceptance by
ATS.and waiver of fees which accrued from January 1, 2017 through and including August 31,
2017.
It is the City Commission's intent, with the consent of ATS, to restart enforcementof new red
light camera violations under the terms of the Contract and extend its. contract with_ATS
pursuant to Section 6 of the Fourth Amendment to the Professional Services Agreement between
the City and ATS.
The red lightcamera system can be resumed by September 1, 2017 andbegin enforcing new red.
light camera violations. It is the City's intent that:
• From September 1, 2017, through and including September 14, 2017, any vehicles that
run a red light at a red light camera intersection will receive a warning letter and will not
be required to pay any fines.
• On and after September 15, 2017, any vehicles that run a red light at a red light camera
intersection will be issued a notice by the City of Boynton Beach and will be required to
pay any and all fines as required by Florida law.
(00194292.3 306-0806020} _
America's Gateway to the Gulfstream ' Page 1 of.3
The City of Boyynton Beach
� 10.0 B Boynton Beach Boulevard
= P.O.Box 310
/ "M1 Boynton Beach,Florida 33425-0310
(561)742-6050
_ d
FAX (561)742-6054
b - f
By correspondence dated July 26, 2017, prior to the City Commission meeting, ATS Associate
General Counsel Dan Reeb indicated that ATS was amenable to the rescission of the City's
contract termination letter. Further, Mr. Reeb indicated that ATS would not seek compensation
for the time period that the City's red light camera program was inactive.
Now that the Commission has made a formal decision to rescind the termination letter and
extend the contract, please sign,the Acknowledgement below and return it to me.. :
Very truly yours,
Lori Laverriere
City Manager
(00194292.3306-0806020}
America's Gateway to the Gulfstream Page 2 of,3
The City of nton Beach
.f Bo y
r100E BoyntonyBeach Boulevard
f"?...‘'r� _�6' P.O.Box310 ... .
/ Boynton Beach,Florida 33425-0310
1 '7...4_ fi-9\ tl
(561) 742-6050
��i FAX (561)742-6054
`tie
ACKNOWLEDGMENT
(1) American Traffic Solutions, Inc: hereby accepts the City of Boynton Beach's rescission
of the City's September 14, 2016 termination Tetter:
(2) American Traffic Solutions, Inc. hereby acknowledges that.the Professional Services
Agreement (inclusive of any and all revisions through the Fourth Amendment and Letter
of Understanding dated October 20, 2015) between the City and ATS is revived and:is in
fullforce and:effect, as if such agreement had never been terminated.,
(3) American Traffic Solutions, Inc: will not assess any service fees or costs against the City
of Boynton Beach from January 1, 2017 through and including August 31, 2017, during
which time the City of Boynton Beach's red light camera program was inactive:
(4) On or before September 1, 2017,pursuant to the terms and conditions of the Professional
Services:Agreement between the City and ATS, American Traffic Solutions, Inc: will
have all red light camera systems and software functioning such that the City may resume
enforcement of new red lightcamera violations:
The foregoing terms are ace• ' by American Traffic Solutions, Inc._
\II
/ 1 *
David M: Roberts
President and CEO,American Traffic Solutions,Inc.TM
Enclosures: September 14, 2016 Contract Termination Letter
July 26, 2017 electronic mail message from Dan Reeb,ATS Associate General
Counsel
CC: James A. Cherof, City Attorney; Jeffrey Katz, Chief of.Police
Rebecca Collins,ATS General Counsel(by electronic mail to Rebecca.Collins@atsol.coin)
Dan Reeb,ATS Associate General Counsel (by electronic mail to Dan.Reeb@atsol.com)
(00194292.3 306-0806020}
America's Gateway to the Gulfstream Page 3 of 3
The City o,f Boynton Beach
5 Y � 100 E.Boynton Beach Boulevard
P.D.Bos 310
-^} 13oynton Beach,Florida 33425-01310
" (561)742.6050
Leal ` x; FAX' (561)742.6054
b
10.
a.N
September 14,2016
Sent by Federal Express,tracking no.8668-1858-4267
David M. Roberts
Chief Financial Officer,American Traffic Solutions, Inc.TM
1150 N, Alma School Road
Mesa,AZ 85201
RE: City of Boynton Beach("City")—Notice of Contract Termination
Dear Mr, Roberts,
At its August 16, 2016 meeting the City Commission approved, by a 3—2 vote,the continuation of the
Professional Services Agreement with American Traffic Solutions ("ATS") by agreeing not to exercise its
right to terminate as permitted in the Fourth Amendment to the Agreement.
At its September 8, 2016 meeting, following a motion for reconsideration by a Commissioner who was
on the prevailing side of the August 16th vote, the Boynton Beach City Commission voted again, this
time to terminate its Agreement with ATS. The vote was 3 —2. This letter constitutes the City's formal
notice that it is terminating its Professional Services Agreement with ATS. Pursuant to the Fourth
Amendment,the Agreement will end December 31,2016.
Please contact the City Attorney's Office regarding any Agreement close-out matters.Thank you for your
courtesy and professionalism.
Very tr r your ,
Ifir
e'en B. Grant
Mayor
CC: Commission(by electronic mail)
James A. Cherof, City Attorney; Lori LaVerriere, City Manager; Jeffrey Katz, Chief of Police
Rebecca Collins,ATS General Counsel(by electronic mail to Rebecca.Collins@atsol.com)
Dan Reeb,ATS Associate General Counsel(by electronic mail to Dan.Reeb@atsol.com)
(00150417.1105-0805020)
America's Gateway to the Gulfstream
•
Shang Bridgeman
From: Dan Reeb <Dan.Reeb@atsol.com>
Sent , Wednesday,July 26,2017 4:48 PM
To: Mike Cirullo
Cc: Jim Cherof;Shana Bridgeman;Swanson, Lynn(SwansonL@bbfl.us);Rebecca Collins
Subject: RE: Boynton Beach- Red Light Camera Agreement with ATS -Agenda Item for August
1,2017,City Commission Meeting
Follow Up Flag: Follow up
Flag Status: Flagged
Mike,
Please let the City know that ATS is amendable to resuming performance of the contract and ATS will not assert any
right to fees under the contract for the time period of January 1, 2017 through the resumption date of the contract
If you or the City need anything else from ATS for the City Commission Meeting please let us know.
Thanks,
Dan
From: Mike Cirullo[mailto:MCirullo@cityatty.com]
Sent: Wednesday,July 26, 2017 2:10 PM
To: Dan Reeb
Cc: Jim Cherof; Shana Bridgeman; Swanson, Lynn (SwansonLCa bbfl.us)
Subject: Boynton Beach -Red Light Camera Agreement with ATS -Agenda Item for August 1, 2017,City Commission
Meeting
Importance: High
Good afternoon Dan,
Commissioner McCray has requested that the September 2016 red light camera agenda item be brought back
before the Commission at the August 1, 2017 meeting for reconsideration.The August 1,2017 agenda item
(without exhibits thereto) is attached for your review. Please advise whether or not ATS is amenable to resuming
performance of the contract and if so what is ATS's position regarding any payments due from the City
between January 1,2017 and resumption of the contract.We will need to know this information prior to the
August 1 Commission meeting.
Thank you,
Michael D.Cirullo,Jr.
GOREN,CHEROF,DOODY& EZROL,P.A.
3099 East Commercial Boulevard,Suite 200
Fort Lauderdale, Florida 33308
Telephone(954)771-4500 x 325 * Fax(954)771-4923
Email: MCirullo@citvattv.com
www.citvatty.com
Offices in Fort Lauderdale and Delray Beach, Florida. ,
1
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ORIGIN ID:HAEA (480)596-4621 SHIP DATE:10AUG17
SANDRA GRANT ACTWGT:0.50 LB
AMERICAN TRAFFIC SOLUTIONS CAD:1015635431INET3920
1150 NORTH ALMA SCHOOL ROAD
MESA,AZ 85201 BILL SENDER
UNITED STATES US
To THE CITY OF BOYNTON BEACH
LORI LAVERRIERE
100 E. BOYNTON BEACH BLVD
BOYNTON BEACH FL 33425
(480)596-4621 REF:0000
NV:
P0:2100 DEPT:2100-760
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