R10-1181
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RESOLUTION R10- J/ ,�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING EXECUTION BY THE CITY MANAGER AND
CITY CLERK OF AMENDMENT NO 1 TO THE EXCLUSIVE
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND AMERICAN TRAFFIC SOLUTIONS FOR PHOTO RED
LIGHT ENFORCEMENT PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in 2009, the City entered into an Agreement with American Traffic
Solutions, Inc. (ATS) to implement a red light camera enforcement program pursuant to
City Ordinance 08 -034; and
WHEREAS, as a result of State Law enacted during the 2010 Legislative Session,
it was necessary for the City to amend its ordinance and implement the red light camera
enforcement program pursuant to the State Law; and
WHEREAS, it was also necessary for the City to amend its Agreement with ATS
since the scope of services and the compensation structure changed as a result of the State
Law; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it
in the best interest of its residents and citizens to approve the Amendment No. 1 to the
Exclusive Agreement Between the City of Boynton Beach and American Traffic Solutions
for Photo Red Light Enforcement Program and authorize the City Manager and City Clerk
to execute the document.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
S \CA \RESO\Agreements \Reso - Amendment No I to ATS Red Light Agmt doc
1 as being true and correct and are hereby made a specific part of this Resolution upon
2 adoption hereof.
3 Section 2. The City Commission of the City of Boynton Beach, Florida does
4 hereby authorize and approve execution by the City Manager and City Clerk of the
5 Amendment No. 1 to the Exclusive Agreement Between the City of Boynton Beach and
6 American Traffic Solutions for Photo Red Light Enforcement Program, a copy of which is
7 attached hereto as Exhibit "A".
8 Section 3. This Resolution will become effective immediately upon passage.
9 PASSED AND ADOPTED this 7 d of September, 2010.
10
11 CITY F BOYNTON BE ACH, FLORIDA
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14 Mayor — Jo odriguez
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17 Vic, ay r— rlene Ross
18
19 '------
20 ommis oner — William glove
21
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23 Commissioner — Woodrow ay
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26 Commissioner — tev n �zman
S
Amendment No I to ATS Red Light Agmt.doc
�/o --//9
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,' 201 by and between the City of Boynton
Beach, Florida, a municipal corporatioh (the "City") and American Traffic Solutions, Inc.,
a Kansas corporation ("Vendor").
WHEREAS, on or about December 16, 2008, the City adopted Ordinance No.
08-34, codified at Chapter 14.5 • the City's Code • 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
'ITHEREAS, 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 d
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
TMEREAS, 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 • Law of Florida 2010-80;
a tA
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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 Emolovee" 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
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Boynton Beach, FLATS Contract Amend ment_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."
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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 " Warnina 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 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:
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Boynton Beach, FLATS Contract Amend ment_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 light 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:
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Boynton Beach, FLATS Contract Amendment 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
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Boynton Beach, FLATS Contract Amendment 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, FLATS Contract Amend ment_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:
By:
5Cit
APPROV AS TO
By:
Cli�Attorne�
9 a,3
I
Date
Date
AMERICAN TRAFFIC SOLUTIONS, INC.,
WITNESS:
'/ r
By:
Date
9-
Date
Page 8 of 24
Adam E. Tuton
Chief Operating Officer
9 ]/--71 �
Date
Date
Boynton Beach, FLATS Contract Amendment—Final-2010.08.19 City of Boynton Beach, FL
State of Arizona
County of Maricopa :
ss:
On this Mt!day of 5t+khax,610, before me, the undersigned notary public,
personally appeared Ada w E T L )+v v' , personally known to me or who
has produced Orivt- - s L- � (_�e, 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 WI TNESS WHEREOF,, I hereg set my hand and official s al.
i CATHERINE E WILKINS
Notary Public Arizona
Seal: Maricopa County l VCi'
• My Comm. Expires Feb 7 2014 NOTARY PUBLIC
a
My commission expires: CrI ✓u LX 1
P _ -�, 2-D) 4 Print Name
Page 9 of 24
Boynton Beach, FLATS Contract Amendment 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 -parry 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.
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Boynton Beach, FL_ATS Contract Amendment 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 City of Boynton Beach, FL
WH W-�
Construction and Installation Obligations
Timeframe for Installation: Photo Red Liqht Enforcment Proqram
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.
Vendor Obliaations. 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
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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;
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Boynton Beach, FLATS Contract Amendment 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 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, FLATS Contract Amend ment_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, FLATS Contract Amend ment_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 Amend ment_Final_2010.08.19 City of Boynton Beach, FL
EXHIBIT C
Maintenance
E
N
4
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.
Vendor shall not open the Traffic Signal Controller Boxes without a
representative of Palm Beach County Traffic Engineering present.
The provision of all necessary communication, broadband and telephone
services to the Designated Intersections will be the sole responsibility of the
Vendor.
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 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.
1 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 Beach, FLATS Contract Amend ment_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 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.
Page 20 of 24
Boynton Beach, FLATS Contract Amendment 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 City of Boynton Beach, FL
Exhibit "E"
Additional Rights and Obliqations
Vendor and the City shall respectively have the additional rights and obligations set
forth below:
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 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, 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
Fees are based on per Camera and are as follows:
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
• For 3 or 4 lanes
• For 5 or 6 lanes
Monthly
Fee
$3,750
$4,750
$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, lockbox and epayment processing services, call center support for
general program questions and public awareness program support.
2.0 Collection Services (Oational): 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_Final_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
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 Citv of Bovnton 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
net M. Prainito, MMC
City Clerk
Attachments
(Agreement & Resolution)
Cc: Central Files
S: \CC\WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2010 \1110 -118 Amendment to American Traffic Solutions Red Light
Camera Enforcement.doc
America's Gateway to the Gulfstream
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 @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 Citv 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
rYudith A. Pyle
City Clerk
Attachment
(Agreement)
Cc: Central Files
S: \CC\WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2010 \1110 -118 Amendment to American Traffic Solutions Red Light
Camera Enforcement Executed.doc
America's Gateway to the Gulfstream
Ami American m y ',
Traffic Solutions"' 4
August 3, 2009
VIA FEDERAL EXPRESS
Ms. Lynn M. Swanson
Paralegal, City Attorney's Office
The City of Boynton Beach, FL
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425 -0310
RE: Agreement between the City of Boynton Beach, FL and American Traffic
Solutions, Inc.
Dear Ms. Swanson:
Enclosed is the original, fully- executed version of the above - referenced Agreement signed by Adam
Tuton, Chief Operating Officer on behalf of ATS.
Please note the address listed in Paragraph 1 of the Agreement is incorrect and should be changed
to the notification address of 7681 E. Gray Road, Scottsdale, Arizona 85260, attention Chief
Operating Officer.
As always, please let me know if you have any questions or how I may be of further assistance
Very truly yours,
American Traffic Solutions, Inc.
* A/C(//;(i-
Linda Welsch
Executive/Legal Assistant to
Adam Tuton, Executive Vice President, COO
Enclosure
7681 E Gray Road Scottsdale. Arizona 85260 TEL 480 443 7000 FAX 480 607 0901
www atsol com www redhohtcamera corn www olateoass com
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 5 day of , 2009 by and between
American Traffic Solutions, Inc., a Delaware Corporation, licensed t 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 \C'A\AGMTS \Piggybac,k (ATS - 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 \CA \AGMTS \Piggyback (A I'S - Red Light Camera) dog,
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:
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Cit f Jerk
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APPRO ' .D 1S T6 FORM:
Office s 't e City • torney .
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WITNESSES:
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BY:
Print ame:
rr i� /S •f,�iS'� Title: P
ATTEST.
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SECRETARY
Page 3 of 6
S \CA\AGMTS \Piggyback (A iS - Red Light Camera) dot;
STATE OF j7.40r :
: ss:
COUNTY OF :
ON THIS VfAday of Iv', , 2009, before me, the undersigned notary
public, personally appeared t , 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.
I
a. viii � �.L
NOTARY P B IC
Print or Type Name
My Commission Expires: �� 'X (3
� LIMDA M. INELSCH
F ry -. Marker Coi n
d.. � My C omm. Expires Jun I, 2013
Page 4 of 6
S \CA\AGMTSU',ggyback (ATS - Red Light Camera) doe
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) doc
EXHIBIT G
DMV SUBSCRIBER AGREEMENT
Page 6 of 6
S \CA\AGMT S\Piggyback (ATS - Red Light Camera) doc
DMV Subscriber Agreement
.111111111/ T
- - DMV Serwces Subscriber Agreement
ATS requires that your agency certify the intended use of :he information made availabie to your
agency through our seNices and that such uses are in compliance with 1.` Federal Dr,Ver'S
Pnvacy Protection Act Title XXXI and other applicable laws governing dissemination of public
records, Based on your agency's In:ended use of such information. ATS will either grant
permission :o use the service or deny the application Please specify any 0 the following
permissible uses under §2721 that apply
O (1) For use by any government agency. Including any court of law enforcement
agency in carrying out „ts functions, o any private person or entity acting on
behalf of a Federal, State or local agency in carrying ou: its functions
0 (4) For use in connection with any civil, criminal. adminis:rat or arbitra:
proceeding in any Federal, State, or local court or agency or before any self-
regulatory body. inciuding the service of process, investigation in anticipation of
litigation, and the execution or enforcement of judgments and orders, or pursuant
to an order of a Federal, State. or local court
O (7) For use in providing no:ice to :he owners of towed or impounded vehicles
O (10) For use in connection with the operation of private toll transportation facilities
In consideration of ATS making its Services available Subscriber agrees to 1 .1) utiize ATS
provided data only for the purpose(s) specified above: and request such Information only for
:he Subscriber s exclusive use in :he ordinary course 0 Subscriber's business and no for
resale
1 cen.ify tha: am authorized to execute the Subscriber use Certification on behalf of the
Subscriber listed below On behalf of such Subscriber, I cer.ify that the above statements are
:rue and correc: Subscriber acknowledges and agrees that ATS may from time to time audit
Subscriber's use of ATS's Services :0 ensure that such use is consistent with the intended uses
set forh, above and with all applicable laws
This agreement shall be for year(s) commencing on :he date below and shall
automatically renew annually This agreement may be terminated 3C days no:ice of the
anniversary date, annually
SUBSCRIBER INFORMATION
SJI:SCriber Agency/Name
NLETS Agency ORi
%lane of Authorized Representawe
Iie of liA:thor zed Representatrve
Ma ing ACC ref:
Ofty State ZIP Coe
hone
Fax
Einar
S gnature c Representavve
Date Signet
Confidential Information Page 1
Photo Enforcement Services Agreement