2010-27357 ResoRESOLUTION NO. 2010-27357
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE
CITY AND ACS STATE AND LOCAL SOLUTIONS, INC., FOR
PHOTO RED LIGHT ENFORCEMENT PROGRAM, DATED
SEPTEMBER 23, 2009, TO REQUIRE ACS TO INSTALL EIGHT
(8) DESIGNATED INTERSECTION APPROACHES BY MARCH
10, 2010; AMENDING THE "WARNING PERIOD," TO BE
EXTENDED TO APRIL 15, 2010; AND AMENDING THE
PARTIES' RESPECTIVE RIGHTS AND OBLIGATIONS WITH
RESPECT TO CERTAIN TERMINATION PROVISIONS, AS SAME
ARE MORE SPECIFICALLY SET FORTH IN THE AGREEMENT.
WHEREAS, on September 23, 2009, the City entered into an Agreement with
ACS State and Local Solutions, Inc., in order to provide services for the implementation
of a Photo Red Light Enforcement Program (the Program); and
WHEREAS, the ACS contract included a provision to have ten (10) cameras
operational by January 31, 2010; and
WHEREAS, at the February 18, 2010 meeting of the Finance and Citywide
Projects Committee, a discussion was held relative to the status of implementation of the
Program, in which ACS explained its inability to comply with the aforestated January 31,
2010 timeline; and
WHEREAS, the Committee made several recommendations with regard to
amending the ACS contract in order to move forward with implementation of the
Program; and
WHEREAS, following the Committee meeting, the City met with ACS
representatives and have negotiated the attached Amendment No. 1 to the Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission hereby approve and authorize the Mayor and City Clerk to execute
Amendment No 1. to the Agreement between the City and ACS State and Local
Solutions, Inc., for Photo Red Light Enforcement Program, dated September 23, 2009,
to require ACS to install eight (8) designated intersection approaches by March 10,
2010; amending the "Warning Period," to be extended to April 15, 2010; and amending
the parties respective rights and obligations with respect to certain termination
provisions, as same are more specifically set forth in/~t1~he Agr/eement.
PASSED and ADOPTED this /~ day of ~'yl~rG~- , 2010.
t ._ ~
' i
May r
ATTEST: !~~~
~(. Gtr, L k.~
CITY CLERK
F:\cmg r\$ALL\BOB\Red LightCameraContraclAmendmentsReso3-10-10.doc
APPROVED AS TO
FORM ,LANGUAGE
& FEXECUTION
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~_., orn `-Date
L.__ t ,
Condensed Title:
Inc.
COMMISSION ITEM SUMMARY
approving Amendment No. 1 to the Agreement between the City and
Ke Intended Outcome Supported:
Increase resident ratin s of ublic safet services and enhance mobilit throw hout the Cit .
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the Mayor and City Commission approve the Resolution?
item au
A discussion regarding the status of the City's Red I
Citywide Projects Committee on February 18, 2010.
was held at the Finance and
It was the general sentiment of the Committee that replacing the contractor at this point in time was not
advantageous to the City; rather, it was more advantageous to establish firm and specific performance
thresholds and secure same with a liquidated damages provision.
An ancillary part of the Committee's discussion was to assess the City's ability to collect the revenues,
which were anticipated in the 2010 budget. As the Commission may recall, one million dollars
($1,000,000) was anticipated from collections under the Program for the fiscal year. If the anticipated eight
(8) or more approaches are operational and able to issue citations on April 6, 2010, it is expected that the
City's revenue projection will be met.
New data received from the Police Department, showing the top ten (10) intersections in 2009, based
on accidents, indicates that 715` Street and Indian Creek Drive, with ten (10) accidents, should be
considered as a priority intersection in the Program, which change is included in the contract
amendment.
A recent development in a lawsuit filed against the City of Aventura, challenging the City's red light camera
program, may also have an impact on the City's Program implementation. On Monday, February 22, 2010,
in the case of Masone v. Citv of Aventura, Judge Gerald Bagley made a verbal ruling in Circuit Court
decision challenging the City of Aventura's red light program.
Judge Bagley, did not rule that the Aventura red light program was unconstitutional, but did rule that the
fine component of the Aventura red light camera ordinance was invalid. The Judge did not enjoin the
continued use of the Aventura program, or continued collection of the fines by the City of Aventura. The
Judge also agreed to stay the enforcement of his ruling until the Third District Court of Appeals has the
opportunity to rule on the case.
As a result of negotiation, ACS has agreed to extend the Warning Period, and to extend a termination for
convenience to March 10, 2010. ACS has not agreed to liquidated damages.
It is recommended that the City Commission approve Amendment No. 1 to the contract with ACS.
Board
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Ci Clerk's Office Le islative Trackin
Robert C. Middaugh, Assistant City Manager
Sian-Offs:
Department Director Assis t City Manager Ci~anager i
RC JMG
WGtNUA\2010\March 10\Regular\Red~ightC~g(eraContractAmendmentsSum3-10-10.doc
~~ ~~
~ C
AGENDA tTEM I
DATI= 3-IO~lO
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~~~, ;
j
DATE: March 10, 2010 i
i
SUBJECT: A RESOLUTION OF THE MAYOR AN CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE
AGREEMENT BETWEEN THE CITY AND ACS STATE AND LOCAL
SOLUTIONS, INC., FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM,
DATED SEPTEMBER 23, 2009, TO REQUIRE ACS TO INSTALL EIGHT (8)
DESIGNATED INTERSECTION APPROACHES BY MARCH 10, 2010;
AMENDING THE WARNING PERIOD, TO BE EXTENDED TO APRIL 5, 2010;
AND AMENDING THE PARTIES' RESPECTIVE RIGHTS AND OBLIGATIONS
WITH RESPECT TO CERTAIN TERMINATION PROVISIONS, AS SAME ARE
MORE SPECIFICALLY SET FORTH IN THE AGREEMENT.
ADMINISTATION RECOMMENDATION
Approve the Resolution.
BACKGROUND/FINANCE COMMITTEE MEETING OF FEBRUARY 18.2010
At the Finance and Citywide Projects Committee meeting of February 18, 2010a discussion
regarding the status of the City's Red Light Camera Program was held. Attached please find
a copy of the background material provided to the Committee.
During the item, the Committee members had extensive discussion with the current
contractor, ACS, and its representatives, regarding the status of the Program, and realistic
expectations going forward.
As a result, it was the general sentiment of the Committee that replacing the contractor at
this point in time was not advantageous to the City; rather, it was more advantageous to
establish firm and specific performance thresholds and secure same with a liquidated
damages provision.
The specific recommendations of the Finance and Citywide Projects Committee were as
follows:
1. The contract with ACS should be amended to reflect that eight (8) approaches within
the Designated Intersections be constructed, installed, and in the test mode, capable
of producing imagery, on or before March 10, 2010.
2. That a liquidated damages provision be added to the contract which provides that for
each approach not installed and activated within thirty (30) days from obtaining a City
permit for that approach, ACS will be responsible to pay liquidated damages, in the
amount of $900 per day, per approach, until the approach is activated and
operational.
3. During the Committee discussion, The City Manager expressed a concern that the
Warning Period be extended. Since the original construction schedule would have
had ten (10) cameras in the Warning Period at the same time, extending the
Warning Period to April 5, 2010 would achieve the same effect and provide a clearer
and more consistent Warning Period. The Committee recommended that the
Warning Period should be extended to April 5, 2010.
The City Manager also asked ACS whether it would guarantee the City revenue estimate.
ACS indicated that they could not provide a guarantee (even though they were comfortable
that the projection would be met) since they had no experience in Miami Beach to work from
and no control over the one variable of how many citations are written from each camera.
As the Commission may recall, one million dollars ($1,000,000) was anticipated from
collections under the Program for the fiscal year. If the anticipated eight (8) or more
approaches are operational and able to issue citations on April 6, 2010 (after the expiration
of the new Warning Period, if approved), it is expected that the City's revenue projection will
be met.
The Committee members recommended that, if by the March 10, 2010 City Commission
Meeting, the threshold number ofapproaches/cameras (eight) had not been achieved, the
City Commission would decide how to proceed going forward and, accordingly, that it have
information as to how a successor contract might be addressed. The Committee asked the
Administration to contact the second ranked proposer, ATS, in the event that ACS was not
able to fulfill its contractual obligations, or in the event that the City Commission exercised its
right to terminate the contract (as provided in the ACS contract), to identifyATS's willingness
to accept the same existing contract terms negotiated with ACS.
At the Committee meeting, ACS expressed its commitment to review and respond to the
conditions recommended by the Committee (as noted in items 1-3 above).
SELECTION OF DESIGNATED INTERSECTIONS
When the ACS contract was negotiated, it was anticipated that the eligible list of Designated
Intersections (attached as an exhibit to the contract) could be modified administratively to
reflect new data or changed circumstances. While changes can still be done by the
Administration, the City Commission may prefer to see and vote on the changes. Some
direction from the Commission as to the preferred manner of addressing Designated
Intersection changes is requested.
New data received from the Police Department, showing the top ten (10) intersections in
2009, based on accidents, indicates that 71 S` Street and Indian Creek Drive intersection, with
ten (10) accidents, should be considered as a priority intersection in the Program. This
intersection is one of the busiest in North Beach (and perhaps the entire City). Also, the
original Designated Intersections exhibit in the contract indicated La Gorce and 63`d Street
as a potential intersection (on the second priority list, immediately below a reference to La
Gorce Drive and Pine Tree Drive). This appears to have been a scrivener's error (as La
Gorce Drive and Pine Tree Drive are parallel roads, with no intersection). The correct
reference to the intersection should have been Pine Tree Drive and 63`d Street.
2
AVENTURA LAWSUIT
A recent development in a lawsuit filed against the City of Aventura, challenging that city's
red light camera program, may also have an impact on the City Program's implementation.
On February 22, 2010, in the case of Masone v. Citv of Aventura, Judge Gerald Bagley
made a verbal ruling in a Circuit Court decision challenging the City of Aventura's red light
program. As of the writing of this Memorandum, the Judge has not yet issued a written
opinion.
Contrary to widely reported opinions, Judge Bagley, while not ruling that the Aventura red
light program was unconstitutional, ruled that the fine component of the Aventura red light
camera ordinance was invalid. The Judge did not enjoin the continued use of the Aventura
program, or continued collection of the fines by the City of Aventura. The Judge also agreed
to stay the enforcement of his ruling until the City of Aventura takes an appeal to the Third
District Court of Appeals, and the Third District Court of Appeals has the opportunity to rule
on the case.
At this point, a decision by the Third District Court of Appeals is not expected until Fall or
Winter of 2010. This matter will be followed by the City Attorney's Office and, as further
developments occur, the City Commission will be advised.
The State Legislature is also considering multiple Bills to provide enabling legislation for red
light camera programs in counties and municipalities across the State. Clearly, the
Legislature will have had an opportunity to address this matter before the Third District Court
of Appeals is expected to rule on the Aventura case (if they so choose).
PROPOSED FIRST AMENDMENT TO THE ACS CONTRACT
Following the February 18, 2010 Finance and Citywide Projects Committee meeting, the
Administration and City Attorney's Office submitted a draft contract amendment
(incorporating the Committee's conditions item 1-2 above) to ACS, for review by its senior
officials.
On March 3, 2010, representatives of the Administration and City Attorney's Office met with
ACS representatives to discuss the First Amendment. The City was informed that:
1) W hile the eight (8) approaches would be installed by March 10, 2010, in accordance
with the Committee's requirement, ACS would not agree to a liquidated damages
provision.
2) While ACS agreed to an extension of the Warning Period to April 5, 2010, for
purposes of issuing courtesy notices of infractions with no civil fees, etc., it would
not agree to allow the new Warning Period end date (i.e. April 5th) to be used by the
City to extend its time period within which to terminate the contract (without cause);
especially since this particular termination allows the City to terminate the contract
without being responsible for any costs to ACS.
3) As an alternative, ACS has proposed the following, which are the terms proposed in
the attached Amendment No. 1:
a) Warning Period extended to April 5, 2010.
b) Notwithstanding extension of Warning Period to April 5, 2010, City's right to
terminate the contract are as follows:
3
(i) If ACS fails to comply with installation of the required eight (8)
approaches by March 10, 2010, the City Commission can terminate
ACS contract on March 10, 2010, and the City would not be
responsible to ACS for any costs.
(ii) If ACS has complied with installation of the eight (8) approaches by
March 10, 2010, but the City Commission still deems it in the City's
best interest to terminate the contract for convenience, then City
Commission may terminate on March 10, 2010, and ACS and City
will share equally (50/50) in actual costs incurred by ACS as of the
date of termination (excluding cost of Equipment).
(iii) If City Commission deems it's in the best interest of the City to
terminate the contract for convenience at any time after March 10,
2010, then the City will be responsible for 100% of ACS's actual
costs (excluding Equipment) up to date of termination. (This is
currently the way it's written in the existing contract, with the
exception of the change to the March 10'h deadline).
ACS has agreed to the terms contained in the attached Amendment No. 1.
The ACS counterproposal accomplishes the key items suggested by the Finance and
Citywide Projects Committee, with the exception of the liquidated damages.
JMG\RCM\sam
T:\,4GENDA\2010\March 10\Regular\RedLightcameraContractAmendmentscomemo3-10-10.doc
Attachment
4
AT`i".~CHMENT
m MIAMIBEACH
CiFy of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vsww.miamibeachfl.gov
COMMITTEE MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 11, 2010
SUBJECT: REFERRAL DISCUSSION ON STATUS OF RED LIGHT CAMERA PROGRAM
AND THE USE OF REVENUE RECEIVED FROM RED LIGHT CAMERA
ENFORCEMENT.
Two (2) items regarding the red light camera program have been referred to the Finance &
Citywide Projects Committee for discussion. Both of these items are addressed in this
memorandum as they are related referral items.
The first item that was referred to the Finance & Citywide Projects Committee for discussion
by the City Commission was how revenues received from the red light camera program were
to be utilized by the City. The City Commission decided to refer this item to the Finance &
Citywide Projects Committee during consideration of an item to change the red light
infraction fine amount from its current level of $125.00 to a new level of $150.00. The
change in infraction amount was suggested in order to coincide with a Bill anticipated to be
addressed by the State Legislature in the current session. During the conversations, the
Commission declined to increase the infraction amount and asked for more in depth
discussion on how funds received from the program would be utilized.
In the current budget there is a 1 million dollar revenue item that was anticipated to be
received from the red light camera program. At this point, and to be discussed later in the
memorandum, it is anticipated that the 1 million dollars will be collected by the City and
available as anticipated within the budget.
What is not clear for the next fiscal year is what projection the City should anticipate for total
revenues that might be received from the red light camera program. As the City is just
beginning the red light camera program, we have no experience to base a projection upon in
terms of the number of citations that would be issued per camera per day in the enforcement
program. This one variable significantly affects the overall revenues which might be
available to the City. Further, the State Legislature is considering a Bill in the current
legislative session, which if passed, would take over half of all revenues generated from the
program for State designated uses. Passage of a State Bill would thereby leave the City
with significantly less revenue than anticipated at the beginning of red light camera program.
As it relates to the discussion on how to use funds received from the red light camera
- program, the members of the Finance & Citywide Projects Committee maywish to deferthis
portion of the red light camera program discussion until such time as legislative actions are
determined and also to allow the City to actually develop data upon which to base future
projections. There is also a third and quite significant variable at play for the entire program.
There are a number lawsuits that are pending relative to other municipalities red light
camera programs. A delay in the Finance & Citywide Projects Committee discussion as to
how to use funds received would also allow the passage of some time and hopefully
resolution of one or more of the lawsuits to provide a clearer picture to the City on what to
expect in the future.
The second item which was referred to the Finance & Citywide Projects Committee was a
discussion on the overall status of the red light camera program. As of the date of this
memorandum, three (3) intersection approaches are functioning within the City as follows:
1. 17"' and Washington, south bound
2. 17"' and Washington, east bound
3. 63`d and Indian Creek, south bound
By the Finance & Citywide Projects Committee meeting date or close thereto, it is anticipated
that three (3) additional intersections will become operational as follows:
4. Dade Boulevard & 23`d Street, west bound
5. 5`h Street & Alton Road, east bound
6. Chase Avenue & Alton Road, north bound
In addition to the six (6) which are anticipated to be operational, there are a number of
additional intersections that are in the design and/or construction phase, many of which are
anticipated to be operational by the end of February. These intersections are as follows:
7. Dade Boulevard & Washington Avenue, east bound
8. Pine Tree Drive & 63~d Street, north bound
9. 4151 Street & Prairie Avenue, north bound
10. 71st Street & Indian Creek, north bound
11. 17`h Street & Alton Road, west bound
While there are several other intersection approaches which are being designed and
evaluated, the previously listed group holds the greatest promise for being placed into
operational status by the end of February. At least four (4) of the intersections are
anticipated to be operational and perhaps the fifth by the end of February. The construction
and activation time line is quite tight and a full ten (10) intersections may not become
operational exactly at the end of February, but may require a day to two in March in order to
pass final testing and fine tuning before being placed into operation.
The commitment made by ACS was to have ten (10) cameras operational by the end of
January. The City's budgetary assumption, while very conservative, was based upon the
ACS commitment of ten (10) operating cameras. As three (3) cameras were put into
operation at the end of January, ACS has succeeded in entering into a required thirty (30)
day warning period for those cameras. Any other cameras which are added to the system
before the expiration of the thirty (30) day warning period will be able to go live at the same
time as the initial three (3) cameras which were installed. As such, the City would be whole
and the vendor would have effectively met their commitment to the City.
Using only ten (10) cameras for a seven month period of time, the City would be expected to
realize between 1 million and 1.7 million dollars of revenues from the red light camera
program. These projections assume an infraction amount of $125.00, a 75% collection rate
2
by the City and a range of tickets issued per camera per day between seven (7) and ten (10)
infractions.
To the extent additional cameras are made operational and/or additional infractions are
generated per camera, the City's revenues would increase above the $1.7 million.
In assessing the vendor's performance and the overall program status, the members of the
Finance & Citywide Projects Committee should consider a discussion and recommendation
to the full City Commission regarding the degree to which the vendor's commitment has
been satisfied. As indicated, it appears that ten (10) cameras will be made operational if not
precisely by the official go live date of March 2, 2010 or within a few days thereafter.
O.doc
3
FINAL DRAFT
3-3-10
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH, FLORIDA,
AND ACS STATE AND LOCAL SOLUTIONS, INC. FOR
PHOTO RED LIGHT ENFORCEMENT PROGRAM
This Amendment No. 1 is made as of this day of 2010,
by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation
having its principal office at 1700 Convention Center Drive, Miami Beach, Florida 33139
(City), and ACS STATE AND LOCAL SOLUTIONS, INC., a Delaware corporation
duly authorized to do business in Florida, and having its principal office at 12410
Milestone Center Drive, Fourth Floor, Germantown, MD, 20876 (Vendor or ACS).
RECITALS
[TO BE INSERTED)
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:
1. Section 1.13 of the Agreement, defining the "Installation Date," is
amended as follows:
1.13 "Installation Date" means the date on which Vendor completes the
construction, a~ installation, and activation of at least one (1) Designated
Intersection in accordance with the terms of this Agreement and Section
L2 of Exhibit "B" hereto so that such Intersection is operational for the
purposes of functioning with the Red Light Photo Enforcement Program.
2. Section 1.28 of the Agreement, defining the "Warning Period," is
amended to read as follows:
"Warning Period" means the period up to and including April 5,
2010„F .i.:...., ism a...,~ ..F.°...~.° r.,.....n..a,.,, r~.,.° ,.v .~,° r...~. ,.,,° i~~
mss.
3. The second paragraph of Section 3.1 of the Agreement (entitled,
"Installation") is amended as follows:
Vendor will have until March 10, 2010 to (i) have at least ~ei~ht
(~98) Designated Intersection approaches installed ~~a ~~*~~-~*°a °~
> >°
c°,..:,,., ~n ,,°..°„~,, and (ii) complete the installation and testing of all
necessary Equipment including, without limitation, and to the Project
Manager's reasonable satisfaction, having cameras either functional or in
the systems en ineering and image quality assessment mode, in which the
camera is able to produce images, but not necessarily of the specified
ualit In the event that Vendor fails to comply with the
installation/°°testing deadline in this paragraph, the City, through a
Resolution adopted by a majority of the City Commission on March 10,
2010, may terminate the Program and this Agreement ~r *'~° °°-~° -~^~~°~
upon thirty~30~~
written notice to Vendor. If the City Commission determines to terminate
the Program and the Agreement pursuant to this subsection 3.1, then the
Agreement shall be deemed terminated and the parties shall proceed
pursuant to Section 6.3 hereof; provided, however, that the City shall not
be liable for any costs or expenses incurred by Vendor up to the date of
termination.
Section 6.2 of the Agreement is amended as follows:
6.2 Warning Period/City's Right to Terminate for
Convenience/Vendor's Right to Terminate for Convenience. This
Agreement provides for a tl~i~rt~~-{39}~y Warning Period, during which
time courtesy notices of Infractions, with no civil fees, are used. The
parties hereto acknowledge that this Warning Period will be used to verify
the reliability of the program and the detection of Infractions, as well as to
monitor anticipated changes in State law on the subject of camera
enforcement of red light infractions. The Warning Period shall be deemed
to have commenced on February 1, 2010 sei~ertc~ °••*'~~°a ~-•
~°'~~'~~* a ' ' ~ • ~~*'~ ''~° ° °°* a°*° *°''° as confirmed in writing by the
parties' Project Managers, and attached as Exhibit "G-" hereto), and shall
expire at 11:59 PM, on Apri15, 2010.
6.2.1 In addition to the City's right to terminate the
Agreement and the Program, pursuant to Section 3.1 hereof, ^e
*° *~.° ° °'•.~;°-• °F*,~° `z'°...,:,.,, n°ri°a the City, through a Resolution
adopted by a majority of the City Commission, may also terminate the reed
'~~-'~* °~F ~^°-••°-•* Program and this Agreement, for any or no cause, and
for convenience, at any time, upon thirty (30) days written notice to
Vendor. Tw° r:.,. ~H.,n .,°. w° i;,,~.i° F ,.., „~.~ ,. ° ° ° ..,.°a w.,
"°~a°r a„r-•^ *,,° `z'°-°•;-•° n°..:°a provided, however, that:-
(a) If the City Commission determines to
terminate the Program and the Agreement at any time up to and including
March 10, 2010, for any reason other than Vendor's failure to comply with
the installation and testing of the eight (8) approaches (as required in
Section 3.1 hereofl, then the Agreement shall be deemed terminated and
the parties shall proceed pursuant to Section 6.3 hereof; provided further
however, that the parties agree to share equally (50/50) for Vendor's
actual direct costs, as provided in Section 6.3.4 (and excluding the cost of
any Equipment).
(b) If the City Commission determines to
terminate the Program and this Agreement at any time after March 10,
2010, for any or no reason, with or without cause, then the Agreement
shall be deemed terminated and the parties shall proceed pursuant to
Section 6.3 hereof; including, without limitation, ~ayment of Vendor's
actual direct costs (excluding Equipment) for completed work incurred up
to the date of termination (as more specifically set forth in Section 6.3.4
hereo
T .~, .,.l.l: r:..., r,. rT,° !''; r..~~ ..l,r r.. r°..,-.. :,~,^+° .T,,.«„., rl,° ~x7^,-.,;., .,
D°,-; .,.1 rT.° !'':* „ rT,r,.,, rtl, ^ D°~..1„r; ..., ^.1....r°.] 1,., ^ ,-; r., ..F rl,° l"; •.,
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^m"-ia ih~-parties Shall~~'e6ee~~3arSl~a23t t6 SeEtle33 ~.~ lie~'ee€. T~T`° FcT''c`r
~L...11 .,,.r 1.,, l; .,T.1 ,~ F .- ., ..~r~ .. .-.-°.1 T,.. \I°...7...- , .., t,. rT..,
In addition to the City's right to terminate, as set forth herein, for a
period of ninety (90) calendar days after March 10, 2010*'~° °.,,.:..^r'°~ °F
t''° `x'^m~^^ D°~~^a Vendor shall have the right to terminate the
Agreement, for any or no cause, upon thirty (30) days written notice to
City, and the parties shall proceed pursuant to Section 6.3; provided,
however, that the City shall not be liable to Vendor for any costs or
expenses incurred by Vendor as a result of the termination.
5. Exhibit "A" of the Agreement, entitled "Designated Intersections," is
replaced and superceded by a new Exhibit "A," as attached and incorporated hereto
6. Section 1.2 of Exhibit "B" of the Agreement (entitled, "Construction and
Installation Obligations") is amended as follows:
1.2. ACS will use reasonable efforts to install and activate the first
Designated Intersection within forty-five (45) days from receipt,
for that Intersection, of all Right of Ways (ROW) and permits
required by Section X41_7 of this Exhibit B.
3
Section 1.15 of Exhibit "B" is amended as follows:
1.15. Generate warning notices tl~e fj-rJt tl~irt~~39j--day.,-a€ter *a~.~°
r„~r„11.,,: ,.,, r~.,.o ,.F .~.o F,.~.... ,. i~~ ,. o .,~durin~ the Warning
Period. Warning notices will be designed according to the City's
criteria.
[SIGNATURE PAGE TO FOLLOW]
F:Aatto~,AGURWGR6EMEN T\Red Light Camera Agreement -Amendment No. 1 (3-2-10).doc
IN WITNESS OF THE FOREGOING, the parties have set their hands and
seals the day and year first written above.
ATTEST:
CITY OF MIAMI BEACH, FLORIDA
City Clerk Mayor
ATTEST: VENDOR/ACS STATE AND LOCAL
SOLUTIONS, INC.
Secretary SVP and Managing Director
Print Name Print Name
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
ON THIS day of , 2010, before me, the undersigned
notary public, personally appeared ,personally
known to me, or who has produced as identification,
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.
NOTARY PUBLIC
Print or Type Name
My commission Expires: APPROVED AS TO
FORM & LANGUAGE
ek FOR EXECUTION
s ~ ~-3~(U
i ! ttorne Date
EXHIBIT "A"
* DESIGNATED INTERSECTIONS
Miami Beach Police Department Recommended Intersection Locations
First Priority Intersections
5~' Street and Alton Road
5`h Street and Washington Avenue
17`~ Street and Alton Road
17`h Street and Collins Avenue
Alton Road and Dade Boulevard
41~` Street and Pinetree Drive
41 s` Street and Alton Road
63`d Street and Indian Creek Drive
69s' Street and Abbott Avenue
71s' Street and Collins Avenue
41s` Street and Prairie Avenue
71s` Street and Indian Creek Drive
Second Priority Intersections
Abbott Avenue and Indian Creek
17s' Street and Washington Avenue
Dade Boulevard and Washington Avenue
Dade Boulevard and 23`d Street
Lagorce Drive and Pinetree Drive
i~~^rivePinettee and 63`d Street
McArthur Causeway and Fountain Street
67`h Street and Collins Avenue
10"' Street and Ocean Drive
Chase Avenue and Alton Road
* Initial installation shall be 15 cameras from the Exhibit "A" -ist as presented or subsequently
amended.
6