HomeMy Public PortalAbout2010-31 Approving amendment No 1 to the agreement between VKB and American Traffic SolutionsRESOLUTION NO. 2010-31
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN
THE VILLAGE OF KEY BISCAYNE AND AMERICAN
TRAFFIC SOLUTIONS FOR THE ADMINISTRATION OF
THE TRAFFIC SAFETY CAMERA PROGRAM; PROVIDING
FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on October 9, 2007, the Village adopted Ordinance 2007-7 codified at Chapter
26, Article IV of the Village's Code of Ordinances, which established and authorized the Village's
Traffic Camera Safety Program; and
WHEREAS, on April 30, 2008, the Village and Vendor entered into the Agreement,
whereby the Village and Vendor agreed to the provision by Vendor of services to the Village in
connection with the Traffic Camera Safety Program, subject to the terms and conditions stated in the
Agreement; and
WHEREAS, on May 13, 2010, the Governor of the State of Florida signed CS/CS/HB325
into law, resulting in the creation of Chapter 2010-80, Laws of Florida (the "Mark Wandall Traffic
Safety Act" or the "Act") taking effect on July 1, 2010; and
WHEREAS, the Act expressly authorizes municipalities to use traffic infraction detectors
to enforce certain provisions of Chapter 316 of the Florida Statutes, subject to certain requirements;
and
WHEREAS, the Village has on August 31, 2010 amended Chapter 26, Article IV of the
Village's Code of Ordinances to provide for the operation of its Traffic Camera Safety Program in
accord with the provisions of the Act; and
WHEREAS, the Village and Vendor wish to amend and modify the Agreement to align the
provision of services by Vendor with the provisions of the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and
confirmed.
Section 2. Agreement Amendment Approved. That the proposed Amendment No.
1 to the Agreement (the "Agreement") between the Village of Key Biscayne and American Traffic
Solutions for Traffic Camera Safety Program, in substantially the form attached hereto, is hereby
approved and the Village Manager is authorized to execute the Agreement on behalf of the Village,
once the Village Attorney has approved the Agreement as to form and legal sufficiency.
Section 3. Implementation. That the Village Manager is hereby authorized to take any
action necessary for the implementation of the Agreement and this Resolution.
Section 4. Effective Date. That this Resolution shall become effective immediately
upon adoption hereof, and the Agreement shall be approved and effective as of July 1, 2010.
PASSED AND ADOPTED this 31st day of August, 2010.
MAYOR ROBERT L. VERNON
CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENC
VILLAGE ATO
American
Traffic Solutions
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN
THE VILLAGE OF KEY BISCAYNE AND AMERICAN TRAFFIC SOLUTIONS
FOR TRAFFIC SAFETY CAMERA PROGRAM
This Amendment No. 1 (the "Amendment") to the Agreement Between the Village
of Key Biscayne and American Traffic Solutions For Traffic Safety Camera Program
dated as of April 30, 2008 (the "Agreement") is made and effective as of the 1st day of
July, 2010 ( the "Effective Date") by and between the Village of Key Biscayne, Florida, a
municipal corporation (the "Village" or "Customer") and American Traffic Solutions, LLC,
a Delaware limited liability company ("Vendor").
Recitals
WHEREAS, on or about October 9, 2007, the Village adopted Ordinance 2007-7
codified at Chapter 26, Article IV of the Village's Code of Ordinances, which established
and authorized the Village's Traffic Camera Safety Program (the "TCSP"); and
WHEREAS, on or about April 30, 2008, the Village and Vendor entered into the
Agreement, whereby the Village and Vendor agreed to the provision by Vendor of
services to the Village in connection with the Traffic Camera Safety Program, subject to
the terms and conditions stated in the Agreement; and
WHEREAS, on or about May 13, 2010, the Governor of the State of Florida
signed CS/CS/HB325 into law, resulting in the creation of Chapter 2010-80, Laws of
Florida (the "Mark Wandall Traffic Safety Act" or the "Act") taking effect on July 1, 2010;
and
WHEREAS, the Act expressly authorizes municipalities to use traffic infraction
detectors to enforce certain provisions of Chapter 316 of the Florida Statutes, subject to
certain requirements; and
WHEREAS, the Village has on August 31, 2010 amended Chapter 26, Article IV
of the Village's Code of Ordinances to provide for the operation of its Traffic Camera
Safety Program in accord with the provisions of the Act ; and
WHEREAS, the Village and Vendor wish to amend and modify the Agreement to
align the provision of services by Vendor with the provisions of the Act;
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, Vendor and Village agree that the Agreement shall be and
hereby is amended and modified as provided herein:
l'68 Eas: Gray Road • SCO't.>(13 [ , A T") - . 480.44_k 1000 - FAX 180 a 6 450
www.a!so ccm • w.;w .,-; ntCcrrer a.ccrn • www.P i1c•Pass cc: E.
1. Recitals. The preceding recitals are true and correct and are
incorporated into this Amendment by reference.
2. Definitions. Section 1.0 of the Agreement is deleted and replaced with
the following:
1.0 Definitions. All definitions set forth in Chapter 26, Article IV of the
Village's Code of Ordinances, as may be amended or recodified from time
to time, are incorporated herein. In addition, the following words and
phrases shall have the following meanings in this Agreement.
3. Definition of "Authorized Employee." Section 1.1 of the Agreement is
deleted and replaced with the following:
1.1 "Authorized Employee" means the Traffic Infraction Enforcement
Officer, whose duties and qualifications are set forth in the Village
Ordinance.
4. Definition of "Village Ordinance." Section 1.3 of the Agreement is
deleted and replaced with the following:
1.3 "Village Ordinance" means Chapter 26, Article IV of the Village's Code
of Ordinances, as may be amended or recodified from time to time.
5. Definition of "Civil Fee." Section 1.4 of the Agreement is deleted and
replaced with the following:
1.4 "Civil Penalty" means the penalty assessed for violations of Florida
Statutes §§ 316.074(1) or 316.075(1)(c)1 pursuant to Florida
Statutes § 316.0083.
All references in the Agreement to "Civil Fee" shall be amended to mean "Civil
Penalty".
6. Definition of "Enforcement Documentation." Section 1.8 of 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, as defined in the Village Ordinance, for the enforcement of red
zone infractions, also as defined in the Village Ordinance, including
notices of violation, instructions for notices of violation, form affidavits,
instructions for form affidavits, reminder letters, a numbering sequence for
notices of violation, chain of custody records, and technical support
documentation.
7. Definition of "Infraction." Section 1.11 of the Agreement is deleted and
replaced with the following:
Page 2 of 16
1.11 "Infraction" means any red zone infraction or violation as defined in
the Village's Ordinance and as provided by the Act.
8. Definition of "Notice of Infraction." Section 1.15 of the Agreement is
deleted and replaced as follows:
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 the Village Ordinance, and
means a "notice of violation" as such term is used in the Act .
All references to the term "Notice of Infraction" in the Agreement are deleted and
replaced with the term "Notice of Violation."
9. Removal of Duplicate Definitions of "Traffic Safety Camera
Program". Section 1.24 of the Agreement is deleted, since covered by Section 1.25.
10. Definition of "Ordinance". Section 1.17 of the Agreement is deleted and
replaced with the following:
"Ordinance" shall mean Chapter 26, Article IV of the Village of Key
Biscayne Code of Ordinances, as may be amended or recodified from
time to time.
11. Prosecution. Section 3.4 of the Agreement is deleted and replaced with
the following:
3.4 Prosecution. The Village shall prosecute red zone infractions
pursuant to the terms, procedures, and requirements of the Village
Ordinance and general law, including the Act, subject to the Village's
routine law enforcement discretion.
12. Termination for Cause. Section 6.1 of the Agreement is deleted and
replaced with the following:
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 so as to prohibit the operation of a
TCSP by the Village; or (ii) a court having jurisdiction over the Village rules
or declares that the Act is invalid, in whole or material part; or (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, trade secret or other intellectual property; or (iv) the
other party commits a material breach of any of the provisions of this
Agreement; or (v) Vendor's non-payment of revenues to Village as
required by this Agreement. In the event of a termination due to this
Section, Village shall be relieved of any further obligations to Vendor other
than as specified herein. Each party shall have the right to remedy the
Page 3 of 16
cause for termination within forty-five (45) calendar days (or within such
other time period as Village 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 right 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.
13. Warning Period. Section 6.2 of the Agreement is deleted, and replaced
with the following:
6.2 Termination Without Cause. Village shall have the right to terminate
Agreement without cause upon 90 days written notice to Vendor. For any
termination without cause, Village will pay Vendor for all documented costs required
for the implementation of the TCSP not already offset by fees paid to Vendor prior to
the termination date. For any termination without cause Vendor shall not be entitled
to compensation for lost profits or lost opportunities and all payments made under
this section are subject to audit by the Village.
14. Procedures for Processing Payments. Sections 7.2, 7.3, and 7.4 of the
Agreement are deleted and replaced with the following:
7.2 Vendor shall be responsible for processing payments of Civil
Penalties paid pursuant to Notices of Violation and (only if authorized by
the County Court) for 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 Village will be taken by the Village
and applied through Axsis System.
7.3 Vendor's lockbox shall remit to the designated Village 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 Village 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 Village, in a format acceptable to the Village,
supporting the invoice amounts forwarded by Vendor to the Village. In
addition, Village 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 Village's
Designated Intersections upon Village's reasonable request.
Page 4 of 16
15. Legal Challenges and Indemnification. Sections 10.4, 10.5, 10.6 and
10.8 of the Agreement are deleted.
16. Exhibits. Exhibits B, C, D, and F to the Agreement are deleted and
replaced with Exhibits B, C, D, and F to this Amendment. The terms of Exhibit "F",
"Service Fee Schedule" (the "Schedule"), shall be subject to the following condition:
A. Cost Protection. Vendor shall waive its monthly Service Fee under the
Service Fee Schedule in any month if and to the extent that the monthly compensation
to be paid by Village to Vendor pursuant to the Service Fee Schedule exceeds the
monthly penalties received and retained by the Village from any source from operation
of the TCSP. The portion of compensation so waived shall be that amount which
exceeds the amount of the penalties received and retained by the Village.
17. 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 Village 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 Village 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
Village shall have the right to terminate this Agreement without any 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 Vendor, such notice to be given no later
than 100 days from the New Agreement Notice.
18. Effect of Amendment on Agreement. Except as expressly amended or
modified by the terms of this Amendment, all terms of 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 and the Agreement, the
terms of this Amendment shall prevail and control. This Amendment shall be construed
and applied in accordance with the Act.
Page 5 of 16
VILLAGE ATTORNEY
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
the day and year first written above.
Village of Key Biscayne
APPROVED AS TO FORM AND LEGA
n
WITNESSES:
State of Arizona
ss:
County of Maricopa :
4-t
OcJ o b -e
4k .�
On this day of September, 2010, before me, the undersigned notary public,
personally appeared Maxni �U�'bo•� , personally known to me er -
as , and is the person who
subscribed to the foregoing instrument and who acknowledged that he executed the
same on behalf of American Traffic Solutions, LLC and that he was duly authorized to
do so.
American Traffic Solutions, LLC
By:
ER
Name: Adam E. Tuton
Title: Chief Operating Officer
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Seal:
My commission expires:
'Foo112-okLf
Ocuchatiu bo.)cia__ut.3
irUL-
NOTARY PUBLIC
Print Name
\A, I Lam- r�
Page 6 of 16
EXHIBIT "B"
Construction and Installation Obligations
Timeframe for Installation: Traffic Safety Camera Program
Vendor will have each specified intersection installed and activated in phases in accord
with an implementation plan to be mutually agreed to by Vendor and the Village
Manager.
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 will use reasonable commercial efforts to install and activate all specified
intersections within forty-five (45) days subsequent to receipt of all permits required by
Section 1.4 of this Exhibit "B".
I. 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 Village 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 Intersections (collectively, the "Approvals"), which will
include compliance with Village permit applications;
1.5 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 ;
1.6 Finalize the acquisition of the Approvals;
1.7 Submit to the Village a public awareness strategy for the Village's
consideration and approval, which strategy shall include media and
Page 7 of 16
educational materials for the Village's approval or amendment according
to the Vendor proposal (the "Awareness Strategy");
1.8 Develop the Red Light Infraction Criteria in consultation with the Village;
1.9 Develop the Enforcement Documentation for approval by the Village,
consistent with the requirements of the Village Ordinance and the Act , as
may be amended or recodified from time to time.;
1.10 Complete the installation and testing of all necessary Equipment, including
hardware and software, at the Designated Intersections (under the
supervision of the Village);
1.11 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;
1.12 Install and test the functionality of the Designated Intersections with the
Vendor System and establish fully operational Infraction processing
capability with the Vendor System;
1.13 Implement the use of the Vendor System at each of the Designated
Intersections;
1.14 Deliver the Materials (as defined in 2.7 below) to the Village;
1.15 Upon approval by an Authorized Employee, issue Notices of Violation
and, as applicable, Uniform Traffic Citations and deliver such
Notice of Violation and/ or Uniform Traffic Citation by the mailing
method prescribed by the Act;
1.16 Obtain access to the records data of the Department of Motor
Vehicles in Vendor's capacity as needed for the program;
1.17 As needed, Vendor shall provide training for personnel of the Village,
including, but not limited to, the persons who Village shall appoint as
Authorized Employees and other persons involved in the administration of
the TCSP, regarding the operation of the Vendor System and the TCSP.
This shall include training with respect to the Vendor System and its
operations, strategies for presenting Infractions Data in court and
judicial proceedings and a review of the Enforcement Documentation;
1.18 Provide reasonable public relations resources and media materials to the
Village in the event that the Village elects to conduct a public launch or
re- launch of the TCSP;
1.19 Notice of Violation processing and Notice of Violation re -issuance.
Page 8 of 16
1.20 Vendor shall, at no additional cost to the Village, provide Police
Department workstation computer monitors for use by Village during the
term of the Agreement for potential Infraction review and approval which
provide a resolution of 1280 x 1024, which monitors shall be returned to
Vendor upon termination of this Agreement.
1.21 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
Village's Information Technology (IT) Department on installation and
implementation of the computerized aspects of the program.
1.22 In order to assist in a smooth transition for the County Court jurisdiction of
Uniform Traffic Citations for the TCSP, Vendor shall provide, at dates and
times mutually agreed to by the parties, a representative that will assist
the Village's Police Department in meeting with Court personnel
concerning the TCSP.
II. VILLAGE OBLIGATIONS. The Village shall do or cause to be done each of the
following (in each case, unless otherwise stated below, at the Village'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 TCSP;
2.4 Assist and cooperate fully 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 Village's properties and facilities in
order to permit Vendor to install and test the functionality of the
Designated Intersections and the TCSP;
2.6 Provide reasonable access to the personnel of the Village 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 Village will require in
order to implement the Awareness Strategy during the period
commencing on the date on which Vendor begins the installation of
any of the Designated Intersections and ending six (6) months after
the Installation Date;
Page 9 of 16
2.8 Assist Vendor in developing the Red Light Infraction Criteria;
2.9 Seek approval of the Enforcement Documentation;
2.10 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;
2.11 If feasible, and only after all necessary approvals have been
obtained from utilities and other governmental entities with
jurisdiction, Village shall allow Vendor to access power from existing
power sources at no cost to Village 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 Village's
jurisdiction;
2.12 Village shall provide one or more Authorized Employees for the
purposes of reviewing potential Infractions and approving the issuance
of Notices of Violations and Uniform Traffic Citations;
2.13 The Authorized Employee shall process each potential Infraction in
accordance with State Laws and Village Ordinances and notify
Vendor of whether a Notice of Violation shall issue within
seven (7) days of the appearance of the potential Infraction in the
Police Review Queue, using AxsisTM to determine which potential
Infractions will be issued as Notices of Violation. In the event of a
system failure or power outage, the Authorized Employee shall process
each potential Infraction as soon as possible, or with the consent or
approval of Vendor for extension;
2.14 Village shall provide access to the Internet for the purpose of processing
potential Infractions;
2.15 Village shall provide, on forms provided by Vendor, signatures of all
Authorized Employees who will review events and approve the issuance
of Notices of Violations and Uniform Traffic Citations;
2.16 In the event that remote access to the ATS Axsis VPS System is
blocked by Village's network security infrastructure, the Village's IT
Department and the counterparts at ATS shall coordinate to facilitate
appropriate communications access while maintaining required security
measures;
Page 10 of 16
2.17 Village shall provide a computer terminal at a public location within the
Village (i.e.: library or other location meeting the requirements of the Act)
where persons receiving Notices of Violation may review the recorded
images of the violation.
Page 11 of 16
EXHIBIT "C"
Maintenance
1 All repair and maintenance of the Traffic Camera Safety Program (the "TCSP")
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.
2. Vendor shall not open the Traffic Signal Controller Boxes without a
representative of Miami -Dade County Traffic Engineering present.
3. The provision of all necessary communication, broadband and telephone
services to the Designated Intersections will be the sole responsibility of the
Vendor.
4. 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 Village'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 316.07456, by July 1, 2011.
Page 12 of 16
EXHIBIT "D"
Infraction Processing
1 All Infractions Data shall be stored on the Vendor System.
2. The Vendor System shall process Infractions 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 Village's agent for the limited purpose of making an initial
determination of whether the recorded images should be forwarded to an
Authorized Employee to determine whether an Infraction has occurred and shall
not forward for processing those recorded images that clearly fail to establish the
occurrence of an Infraction.
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 Village to store Infractions
identified for prosecution for a period of time of not less than four (4) years
after final disposition of a case or such time as required by general law.
6. Vendor shall provide the Authorized Employee with access to the Vendor
System for the purposes of reviewing the pre-processed Infractions Data
within five (5) days of the gathering of the Infraction Data from the applicable
Designated Intersections.
7 Within seven (7) days of receipt, the Village shall cause the Authorized
Employee to review the Infractions Data and to determine whether a Notice
of Violation shall be issued with respect to each potential Infraction captured
within such Infraction 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. VENDOR HEREBY ACKNOWLEDGES
AND AGREES THAT THE DECISION TO ISSUE A NOTICE OF VIOLATION
SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE
AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED
EMPLOYEE'S SOLE DISCRETION (A "NOTICE OF VIOLATION 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 Infraction, Vendor shall print and mail by
first class mail a Notice of Violation within the statutorily required timeframe.
Further, Vendor shall prepare, and serve by certified mail, the Uniform Traffic
Citation if the civil penalty is not timely paid and/or the affidavit meeting the
requirements of Sec. 316.0083, Florida Statutes, is not timely filed, as further
described in paragraph (17) below.
9. Vendor shall provide a toll -free telephone number, at its sole expense, for the
purposes of answering citizen inquiries.
Page 13 of 16
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 Village and in addition to the
Standard Reports, Vendor shall provide to the Village, without cost to the Village,
special 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 in such format and for such
periods of time as the Village may reasonably request.
12. Upon Vendor's receipt of a written request from the Village at least fourteen
(14) calendar days in advance of a hearing, Vendor shall provide expert
witnesses for use by the Village in prosecuting Infractions at no cost to the
Village.
13. Vendor shall provide such training to Village personnel as shall be
reasonably necessary in order to allow such personnel to act as expert
witnesses on behalf of the Village with respect to the Red Light Enforcement
Program. The parties shall jointly develop the expert witness training protocol.
However, if a specific case requires testimony on the technical aspects of the
equipment, upon Village's request Vendor shall provide the Village with an expert
in the hearing in that case at no cost to the Village.
14. Vendor shall provide to Village a Notice of Violation form that complies with all
requirements of the Ordinance and the Act. Vendor shall also provide to Village 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 request by an owner who
has received a Notice of Violation or Uniform Traffic Citation.
15. Vendor agrees that the Village shall have the right to review and approve the
form Notice of Violation prior to its use, and that in the event Village determines
additional information should be included in the Notice of Violation, Vendor shall
modify the Notice of Violation form, at its sole expense, to comply with those
requirements.
16. With expert assistance from Vendor, Village shall provide Vendor with a form of
Uniform Traffic Citation that Village finds complies with the provisions of Chapter
316 of the Florida Statutes, with the understanding that some modifications of the
form may be necessary to enable use with the Vendor's systems.
17. if a motor vehicle owner who receives a Notice of Violation fails to pay the
statutory penalty or submit an affidavit that complies with all of the requirements
of Florida Statutes Section 316.0083 (1) (d) within the time period provided in
Florida Statutes Section 316.0083 (1) (b), the issuance of a Uniform Traffic
Citation shall automatically occur based upon the prior Authorized Employee
approval of the Notice of Violation.
18. The County Court for the 11th Judicial Circuit, in Miami -Dade County, Florida, shall
hear disputed Uniform Traffic Citations as provided by applicable law.
19. For any city using ATS Iockbox or epayment services, Vendor will establish a
demand deposit account bearing the title, "American Traffic Solutions, Inc., as
Page 14 of 16
agent for Customer" at U.S. Bank. All funds collected on behalf of the
Customer will be deposited in this account and transferred by wire on Tuesday
of each week to the Customer's primary deposit bank. If such Tuesday is a legal
holiday or day upon which banking services are not available, Vendor's
Iockbox shall remit such payments on the next day that is not a legal holiday
and that banking services are available. 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.
20. Vendor is authorized to charge, collect, and retain a convenience fee of $4.00
each for electronic payments provided to Vendor from persons paying a Notice of
Violation, and (if authorized by the County Court) from persons paying a Uniform
Traffic Citation. Such fee is paid by the violator.
Page 15 of 16
EXHIBIT "F"
SERVICE FEE SCHEDULE
1.0 Description of Pricing Monthly
Fees are based on per Camera and are as follows: Fee
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 $3,750
• For 3 or 4 lanes $4,750
• For 5 or 6 lanes $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: 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 30% of Recovered Revenue
(Including filing and maintenance of litigation)
Page 16 of 16