Agreement Cornelius O'regan : I
AGREEMENT
This Agreement is entered into this 21" day of December, 2009, between Cornelius O'regan
(Contractor) and the City of Miami Beach, Florida(City), for a term of approximately 10 months
with an effective starting date of December 22,2009 and a termination date of September 30,2010.
This Agreement is for the purpose of providing professional services to the City's Police Department
to assist in the administration of the City's Photo Red Light Camera Enforcement Program. On
December 10, 2008,the City of Miami Beach enacted Article XI. Dangerous Intersection Safety.
The purpose of the Article is to authorize the use of unmanned cameras/ monitoring system to
promote compliance with red light signal directives.
TRAFFIC CONTROL INFRACTION REVIEW OFFICER - SCOPE OF
WORK
1. Work under the supervision of the Miami Beach Police Department administering the City's
Photo Red Light Camera Photo Enforcement Program pursuant to Article XI. Dangerous
Intersection Safety of Chapter 106 of the City Code.
2. Shall review recorded images prior to the issuance of a notice of infraction to ensure
accuracy and the integrity of recorded images.
3. Shall verify that the traffic control monitoring system/devices which captured the recorded
images were functioning properly at the time the recorded images were captured.
4. Upon verification of the traffic control monitoring system/devices accuracy,shall complete a
report and notice of infraction shall be sent to the vehicle owner via the System vendor.
5. Shall prepare reports relative to the administration of the Photo Red Light Camera
Enforcement Program.
6. Represent the City of Miami Beach at Special Master Appeal Hearings and maintain
qualifications set forth in Florida State Statute 316.640(5)(a),
7. Liaison with the City of Miami Beach Red Light Camera Enforcement vendor.
For the purposes of this Agreement,Mr. O'regan shall be deemed to be an independent contractor,
and not an agent or employee of the City, and shall not attain any rights or benefits under the Civil
Service or Pension Ordinance of the City,or any right generally afforded Classified or Unclassified
employees. Further,she shall not be deemed entitled to Florida Worker's Compensation benefits as
an employee of the City or accumulation of sick or annual leave.
In consideration of the services to be provided,the City agrees to pay Contractor a flat hourly rate of
$20.4223 per hour, commencing on December 22, 2009 and ending on or before September 30,
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2010,hours to be determined by the Chief of the Miami Beach Police Department. The total fee(s)
paid to Contractor pursuant to this Agreement shall not exceed$25,000 for the term provided herein.
It is agreed Contractor may be able to participate in other personal service agreements with any
agency or individual which does not create any actual or inferred conflict of interest with the City of
Miami Beach.
This Agreement may be terminated for convenience of either party,by giving written notice to the
other party of such termination,which shall become effective within seven(7)days following receipt
by the other party of the written termination notice. In the event such termination for convenience of
either party,the Contractor shall be paid a sum equal to all payments due to her up to the date of
termination of this Agreement,provided Contractor is satisfactorily continuing to provide all services
pursuant to the Agreement up to the date of termination.
Contractor agrees to indemnify,defend and hold harmless,the City of Miami Beach and its officers,
employees and agents,from and against any and all actions,claims liabilities,losses and expenses,
including but not limited to,attorney's fees for personal economic or bodily injury,wrongful death,
loss of or damage to property in law or in equity,which may arise or be alleged to have arisen from
the negligent acts or missions or other wrongful conduct of the Contractor or his subcontractors,
employees, or agents in connection with the Contractor's performance of service pursuant to this
Agreement. The Contractor's obligation under this paragraph shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against any
actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other
wrongful conduct of the City and its officers,employees,and agents. The parties each agree to give
the other party prompt notice of any claim coming to its knowledge that in any way directly or
indirectly affects the other party.
The City desires to enter into this Agreement only if in so doing the City can place a limit on City's
liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the sum of$3000. Contractor
hereby expresses his willingness to enter into this agreement with Contractor's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of$3,000.00
less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement.
Accordingly,and notwithstanding any other term or condition of this Agreement,Contractor hereby
agrees that the City shall not be liable to Contractor for damages in the amount in excess of
$3,000.00 which amount shall be reduced by the amount actually paid by,the City to Contractor
pursuant to this Agreement, for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be
a waiver of the limitation placed upon City's liability as set forth in Section 768.28,Florida Statutes.
All notices under the terms of this Agreement shall be sent to the following:
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CONTRACTOR: Cornelius O'regan CITY: City of Miami Beach
7549 Hispanola Avenue Police Department
North Bay Village,FL 33141 1100 Washington Avenue
Miami Beach, FL 33139
Attention: Carlos E.Noriega,Chief
This Agreement shall be enforceable in Miami-Dade County,Florida,and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall be in Miami-Dade County,Florida.
GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County,
Florida,if in state court,and the U.S. District Court,Southern District of Florida,if in federal court.
BY ENTERING INTO THIS AGREEMENT,_Cornelius O'regan_AND Cily of Miami Beach,
Florida_EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
It is further agreed that this Agreement may be altered and amended only upon the written consent of
both parties.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the
respective officials thereunto duly authorized, this date and year first above written.
CITY OF MIAMI BEACH
A Florida Municipal Corporation
Contractor:
Witness
Cornelius 0're an
Witness
Approved: City of Miami Beach
Police D ent
9
City M ager Carlos E.Noriega, Chief
Office of Management and Budget
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Hatfield, Liliam
From: Gruen, Michael
Sent: Wednesday, August 22, 2012 4:28 PM
To: Granado, Rafael
Cc: Hatfield, Liliam; Martinez, Raymond; Overton, Mark; Mejia, Dolores
Subject: FW: Cornelius OTegan contract/agreement Re: City's Photo Red Light Camera Enforcement
Program
Attachments: 2010-27357 Reso.pdf; Amendment 1 with ACS State & Local Solutions, Inc.pdf
Rafael:
On December 21, 2009, Cornelius "Tim" O'regan was hired as an Independent Contractor to function as the Traffic
Control Infraction Officer to enforce the Red Light Camera program. I don't believe the agreement went before the
Commission but was signed off by Robert Middaugh. Since that time,the agreement has not been renewed. I believe
he is paid out of the Red Light Camera Program revenue.
Take care
Michael
MIAMIBEACH
Michael Gruen, Manager
Planning and Research
OFFICE OF THE CHIEF OF POLICE
1100 Washington Avenue,Miami Beach,FL 33139
Tel:305-673-7925 / 305-673-7776,Ext.#5772/Fax:305-673-7065 / www.miamibeachfl.gov/michaelgruen(c�miamibeachfl.gov
From: Hatfield, Liliam
Sent: Wednesday, August 22, 2012 3:28 PM
To: Gruen, Michael
Cc: Granado, Rafael
Subject: Cornelius O'regan.contract/agreement Re: City's Photo Red Light Camera Enforcement Program
Mike, I don't find any hits in the database for "Cornelius O'Regan.
This is what I found:
In December 10, 2008 as the Agreement attached reads, that CMB enacted Article XI; however, on
July 14, 2010 Ordinance 2010-3686 repealed it.
December 10,2008
R5-Ordinances
12:03:00 p.m.
Supplemental: Exhibits A-D
R5A An Ordinance Creating Article XI,To Be Entitled"Dangerous Intersection Safety,"Of Chapter 106, Entitled"Traffic And Vehicles,"
Of The Miami Beach City Code, By Creating Sections 106-480 Through 106-494 Providing For Intent And Definitions; Establishing
An Enforcement Program Within The City;Authorizing The City To Permit And Implement The Use Of Unmanned Cameras/Monitoring
Devices For Red Light Violations; Providing For Enforcement Procedures And Regulations, Including Notice,Violations,Vehicle Owner
Responsibilities,Appeal Hearings, Penalties,The Imposition Of Administrative Charges, Fines,And Liens,And The Collection Thereof;
Providing For Exceptions;And Providing For Codification; Severability; Repealer;And An Effective Date. 10:15 a.m. Second Reading,
Public Hearing. (Public Works) (First Reading on November 5, 2008)ACTION: Public Hearing held. Ordinance No.2008-3621
adopted. Motion made by Commissioner Libbin; seconded by Commissioner Diaz; Ballot vote: 7-0. R. Parcher to transmit to
Municipal Code. Robert Middaugh to handle.
July 14,2010
R5-Ordinances
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10:48:23.am.
R5A An Ordinance Repealing Article XI,Entitled"Dangerous Intersection Safety,"Of Chapter 106,Entitled"Traffic And Vehicles,"Of The Miami Beach
City Code;And Adopting The Mark Wandall Traffic Safety Act And Program;And Providing For Codification;Severability;Repealer;And An Effective
Date Of July 1,2010. 10:15 a.m.Second Reading Public Hearing.(City Manager's Office)(First Reading on June 9,2010)ACTION: Public Hearing
held. Ordinance 2010-3686 adopted. Motion made by Commissioner Gongora;seconded by Vice-Mayor Exposito;Ballot vote:5-0;Absent:
Commissioners Libbin and Tobin.Robert Parcher to transmit to Municipal Code.
July 14,2010
Supplemental Materials: Resolution
R7J A Resolution Waiving By 5/7ths Vote Competitive Bidding Requirements And Approving A Contract
For A Red Light Camera System With American Traffic Solutions Inc.,A Kansas Corporation,With Its Principal Office At 7681 E.Gray Road,Scottsdale,
Arizona. (City Manager's Office)ACTION: Item deferred to the September 15,2010 meeting. Lilia Cardillo to place on the Commission Agenda.
Michael Gruen to handle. This item did not go back to Commisison on 9/1512010.
March 10,2010
SUPPLEMENTAL MATERIALS: RESOLUTION
R7E A Resolution 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. (City Manager's Office)ACTION: Resolution No.2010-
27357 adopted as amended. Motion made by Commissioner Wolfson;seconded by Commissioner Gongora;Voice vote:4-1;Opposed:Mayor Bower;
Absent:Commissioner Weithorn and Vice-Mayor Libbin recused himself. Robert Middaugh to handle. See attached Reso and Agreement attached.
MIAMISEACH
Liliam Hatfield, Office Associate V
CITY CLERK'S OFFICE
1700 Convention Center Drive,Miami Beach,FL 33139
Tel: 305-673-7411/Fax:305-673-7254/ www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community.
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