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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 {