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2015-29018 Reso RESOLUTION NO. 2015-29018 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND AUTHORIZING THE CITY MANAGER, THROUGH THE CITY OF MIAMI BEACH POLICE DEPARTMENT, AND THE CITY ATTORNEY'S OFFICE TO NEGOTIATE THE FIRST TWO (2) YEAR RENEWAL TERM OF THE AGREEMENT BETWEEN THE CITY AND XEROX STATE AND LOCAL SOLUTIONS, INC. FOR THE PHOTO RED LIGHT ENFORCEMENT PROGRAM; WITH THE AMENDMENT FOR SUCH RENEWAL TERM TO INCLUDE, AT A MINIMUM, A PROVISION FOR FIVE (5) ADDITIONAL RED LIGHT CAMERA DESIGNATED INTERSECTIONS; RELOCATION AND UPGRADE OF CERTAIN EXISTING DESIGNATED INTERSECTION(S); AND THE FULL INDEMNIFICATION, HOLDING HARMLESS AND DEFENSE OF THE CITY BY XEROX, FOR ANY PENDING OR FUTURE LITIGATION; FURTHER AUTHORIZING THAT THE INITIAL TERM OF THE AGREEMENT SHALL CONTINUE ON THE SAME TERMS AND CONDITIONS, SUBJECT TO TERMINATION FOR CONVENIENCE WITHOUT CAUSE BY THE CITY MANAGER, UNTIL COMPLETION OF NEGOTIATIONS OR JULY 8, 2015, WHICHEVER IS EARLIER. WHEREAS, the Mayor and City Commission approved Resolution No. 2009-27022 on February 25, 2009, which authorized the City Administration to negotiate with Xerox State and Local Solutions, Inc., formerly known as ACS State and Local State Solutions, Inc., an agreement to comply with Ordinance No. 2008-3621, titled "Dangerous Intersection Safety," of Chapter 106 of the Miami Beach Code; and WHEREAS, Ordinance No. 2008-3621 authorizes the enforcement of red light infractions through the utilization of automated image capture technology in an effort to reduce tra ffi c crashes and resulting injuries pursuant to the authority set forth in Chapter 316, Section 316.0083 of the Florida Statutes; and WHEREAS, the Administration negotiated that Agreement with Xerox for the installation, operation, and maintenance of a red light violation enforcement camera system throughout the City of Miami Beach pursuant to Ordinance No. 2008-3621; and WHEREAS, the Agreement with Xerox had an Initial Term for a period of five (5) years, and authorized the City to extend the term of the Agreement for up to two (2) additional, two year Renewal Terms; and WHEREAS, the Initial Term of five (5) years for the Agreement shall expire on May 16, 2015, and the Administration and the Police Department have expressed their willingness to exercise the first Renewal Term; and WHEREAS, the Finance and Citywide Projects Committee, at its April 8, 2015 meeting, held a discussion relative to the viability of the Photo Red Light Enforcement Program, and potential modifications to the Agreement in order to better protect the interests of the City; and WHEREAS, the Finance and Citywide Projects Committee set forth several essential recommendations with regard to the first Renewal Term, and identified further amendments to the Agreement that must be encapsulated with an amendment to the Agreement for the first Renewal Term; and WHEREAS, the Committee recommendation required the amendment to include, at a minimum, a provision for five (5) additional red light cameras at designated intersections within the City, relocation and upgrade of certain existing designated intersections cameras, and the full indemnity, holding harmless and defense of the City by Xerox for pending and future litigation; and WHEREAS, the current Agreement must be extended on the same terms and conditions, pending the formal amendment to the Agreement consistent with the recommendation of the Committee, or upon termination for convenience by the City without cause by the City Manager should the negotiations prove to be unsuccessful; and WHEREAS, the Administration and the City Attorney's Office anticipates that these negotiations will be completed by July 8, 2015. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the recommendation of the Finance and Citywide Projects Committee and authorize the City Manager, through the City of Miami Beach Police Department, and the City Attorney's Office to negotiate the first two (2) year renewal term of the agreement between the City and Xerox State and Local Solutions, Inc. for the photo red light enforcement program; with the amendment for such renewal term to include, at a minimum, a provision for five (5) additional red light camera designated intersections; relocation and upgrade of certain existing designated intersection(s); and the full indemnification, holding harmless and defense of the City by Xerox, for any pending or future litigation; further authorizing that the initial term of the agreement shall continue on the same terms and conditions, subject to termination for convenience without cause by the City Manager, until completion of negotiations or July 8, 2015, whichever is earlier. PASSED AND ADOPTED this o day of May, 2015. ATTEST: �_� B i,, Mayo'-i p L- A ine Raf:el E. Gra' ado, ( ity 11? ... .,! 0 —•• ILIANGUAGE ASTCS ii ... . . • • R RATE: i \ GOP o _AV = - 5-- 4- k1;-. , 11011mporree 1915 •2015 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City Co r mission FROM Jimmy L. Morales, City Manager $1-_- --401. DATE: May 6, 2015 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND AUTHORIZING THE CITY MANAGER, THROUGH THE CITY OF MIAMI BEACH POLICE DEPARTMENT AND THE CITY ATTORNEY'S OFFICE, TO NEGOTIATE THE FIRST TWO (2) YEAR RENEWAL TERM OF THE AGREEMENT BETWEEN THE CITY AND XEROX STATE AND LOCAL SOLUTIONS, INC. FOR THE PHOTO RED LIGHT ENFORCEMENT PROGRAM; WITH THE RENEWAL TERM TO HAVE AN AMENDMENT TO INCLUDE AT A MINIMUM, A PROVISION FOR FIVE (5) ADDITIONAL RED LIGHT CAMERA DESIGNATED INTERSECTIONS; RELOCATION AND UPGRADE OF CERTAIN EXISTING DESIGNATED INTERSECTION(S); AND THE FULL INDEMNIFICATION, HOLDING HARMLESS AND DEFENSE OF THE CITY BY XEROX FOR ANY PENDING OR FUTURE LITIGATION; FURTHER AUTHORIZING THAT THE INITIAL TERM OF THE AGREEMENT SHALL CONTINUE ON THE SAME TERMS AND CONDITIONS, SUBJECT TO TERMINATION FOR CONVENIENCE WITHOUT CAUSE BY THE CITY MANAGER, UNTIL COMPLETION OF NEGOTIATIONS OR JULY 8, 2015, WHICHEVER IS EARLIER. Agenda Item R 7 C. Date S- (-I5— RESOLUTION NO. 2015-29018 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND AUTHORIZING THE CITY MANAGER, THROUGH THE CITY OF MIAMI BEACH POLICE DEPARTMENT, AND THE CITY ATTORNEY'S OFFICE TO NEGOTIATE THE FIRST TWO (2) YEAR RENEWAL TERM OF THE AGREEMENT BETWEEN THE CITY AND XEROX STATE AND LOCAL SOLUTIONS, INC. FOR THE PHOTO RED LIGHT ENFORCEMENT PROGRAM; WITH THE AMENDMENT FOR SUCH RENEWAL TERM TO INCLUDE, AT A MINIMUM, A PROVISION FOR FIVE (5) ADDITIONAL RED LIGHT CAMERA DESIGNATED INTERSECTIONS; RELOCATION AND UPGRADE OF CERTAIN EXISTING DESIGNATED INTERSECTION(S); AND THE FULL INDEMNIFICATION, HOLDING HARMLESS AND DEFENSE OF THE CITY BY XEROX, FOR ANY PENDING OR FUTURE LITIGATION; FURTHER AUTHORIZING THAT THE INITIAL TERM OF THE AGREEMENT SHALL CONTINUE ON THE SAME TERMS AND CONDITIONS, SUBJECT TO TERMINATION FOR CONVENIENCE WITHOUT CAUSE BY THE CITY MANAGER, UNTIL COMPLETION OF NEGOTIATIONS OR JULY 8, 2015, WHICHEVER IS EARLIER. WHEREAS, the Mayor and City Commission approved Resolution No. 2009-27022 on February 25, 2009, which authorized the City Administration to negotiate with Xerox State and Local Solutions, Inc., formerly known as ACS State and Local State Solutions, Inc., an agreement to comply with Ordinance No. 2008-3621, titled "Dangerous Intersection Safety," of Chapter 106 of the Miami Beach Code; and WHEREAS, Ordinance No. 2008-3621 authorizes the enforcement of red light infractions through the utilization of automated image capture technology in an effort to reduce tra ffi c crashes and resulting injuries pursuant to the authority set forth in Chapter 316, Section 316.0083 of the Florida Statutes; and WHEREAS, the Administration negotiated that Agreement with Xerox for the installation, operation, and maintenance of a red light violation enforcement camera system throughout the City of Miami Beach pursuant to Ordinance No. 2008-3621; and WHEREAS, the Agreement with Xerox had an Initial Term for a period of five (5) years, and authorized the City to extend the term of the Agreement for up to two (2) additional, two year Renewal Terms; and WHEREAS, the Initial Term of five (5) years for the Agreement shall expire on May 16, 2015, and the Administration and the Police Department have expressed their willingness to exercise the first Renewal Term; and WHEREAS, the Finance and Citywide Projects Committee, at its April 8, 2015 meeting, held a discussion relative to the viability of the Photo Red Light Enforcement Program, and potential modifications to the Agreement in order to better protect the interests of the City; and WHEREAS, the Finance and Citywide Projects Committee set forth several essential recommendations with regard to the first Renewal Term, and identified further amendments to the Agreement that must be encapsulated with an amendment to the Agreement for the first Renewal Term; and WHEREAS, the Committee recommendation required the amendment to include, at a minimum, a provision for five (5) additional red light cameras at designated intersections within the City, relocation and upgrade of certain existing designated intersections cameras, and the full indemnity, holding harmless and defense of the City by Xerox for pending and future litigation; and WHEREAS, the current Agreement must be extended on the same terms and conditions, pending the formal amendment to the Agreement consistent with the recommendation of the Committee, or upon termination for convenience by the City without cause by the City Manager should the negotiations prove to be unsuccessful; and WHEREAS, the Administration and the City Attorney's Office anticipates that these negotiations will be completed by July 8, 2015. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the recommendation of the Finance and Citywide Projects Committee and authorize the City Manager, through the City of Miami Beach Police Department, and the City Attorney's Office to negotiate the first two (2) year renewal term of the agreement between the City and Xerox State and Local Solutions, Inc. for the photo red light enforcement program; with the amendment for such renewal term to include, at a minimum, a provision for five (5) additional red light camera designated intersections; relocation and upgrade of certain existing designated intersection(s); and the full indemnification, holding harmless and defense of the City by Xerox, for any pending or future litigation; further authorizing that the initial term of the agreement shall continue on the same terms and conditions, subject to termination for convenience without cause by the City Manager, until completion of negotiations or July 8, 2015, whichever is earlier. PASSED AND ADOPTED this o day of May, 2015. ATTEST: �_� B i,, Mayo'-i p L- A ine Raf:el E. Gra' ado, ( ity 11? ... .,! 0 —•• ILIANGUAGE ASTCS ii ... . . • • R RATE: i \ GOP o _AV = - 5-- 4- k1;-. , 11011mporree 1915 •2015 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City Co r mission FROM Jimmy L. Morales, City Manager $1-_- --401. DATE: May 6, 2015 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND AUTHORIZING THE CITY MANAGER, THROUGH THE CITY OF MIAMI BEACH POLICE DEPARTMENT AND THE CITY ATTORNEY'S OFFICE, TO NEGOTIATE THE FIRST TWO (2) YEAR RENEWAL TERM OF THE AGREEMENT BETWEEN THE CITY AND XEROX STATE AND LOCAL SOLUTIONS, INC. FOR THE PHOTO RED LIGHT ENFORCEMENT PROGRAM; WITH THE RENEWAL TERM TO HAVE AN AMENDMENT TO INCLUDE AT A MINIMUM, A PROVISION FOR FIVE (5) ADDITIONAL RED LIGHT CAMERA DESIGNATED INTERSECTIONS; RELOCATION AND UPGRADE OF CERTAIN EXISTING DESIGNATED INTERSECTION(S); AND THE FULL INDEMNIFICATION, HOLDING HARMLESS AND DEFENSE OF THE CITY BY XEROX FOR ANY PENDING OR FUTURE LITIGATION; FURTHER AUTHORIZING THAT THE INITIAL TERM OF THE AGREEMENT SHALL CONTINUE ON THE SAME TERMS AND CONDITIONS, SUBJECT TO TERMINATION FOR CONVENIENCE WITHOUT CAUSE BY THE CITY MANAGER, UNTIL COMPLETION OF NEGOTIATIONS OR JULY 8, 2015, WHICHEVER IS EARLIER. Agenda Item R 7 C. Date S- (-I5— Background: In April 2010, the City of Miami Beach entered into a contract with Xerox State and Local Solutions, Inc. to begin a photo red light (PRL) ticket enforcement program. A total of 10 cameras were located throughout the City, from 17th Street in the South to 71st Street and Indian Creek in the North. While some cameras were installed in 2010, the program only became fully operational at 9 inter- sections in 2011. The intent of the PRL program is to improve public safety by reducing motor vehicle crashes at traffic signal intersections by holding red-light offenders accountable for their violations. The Miami Beach Police Department currently manages the program and monitors 10 cameras in 9 different intersections throughout the city. The City of Miami Beach's contract with Xerox is set to expire in May 2015. The Commission must make a policy decision whether to renew or modify the agreement. Analysis: In order to inform the Commission's decision on whether to renew the contract, a multi-year break down for traffic crash data is illustrated. Additional detail regarding types of crashes by location is also provided. Traffic Crashes with Injuries, by calendar year at PRL Intersections Cameras implemented mid-year 2010, 2011 first full year of RLC data Intersections 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 — - ---------- 17tn/--------_ i 13--_� 6 -- -1 8 12 1 13 � 12 -� 9 � 5 6 8 Washington Crash l Crash l Crash Crash Crash j Crash ; Crash I Crash Crash Crash Ave 2 Inj f 0 Inj j 3 lnj 1 Inj 3 Inj 2 Inj 13 Inj 0 Inj 2 Inj 2 Inj 12 14 13 15 13 6 14 6 11 27 Crash Crash Crash Crash Crash Crash Crash Crash Crash Crash 17th/Alton Rd 2 Inj 2 Inj 2 Inj 4 Inj 4 Inj 0 Inj , 2 Inj 1 Inj 1 Inj 0 Inj Dade Blvd/ 13 i 8 7 - 1 2 5 4 1 1 4 7 Washington Crash Crash Crash i Crash Crash Crash Crash Crash Crash ' Crash Ave . 2 lnj J 1 Inj 1 Inj 0 Inj 0 Inj 0 Inj j 0 Inj 0 Inj 1 Inj 1 Inj 3 3 3 2 3 4 0 0 1 4 23rd St/ Dade Crash Crash Crash Crash Crash Crash Crash Crash Crash Crash Blvd 0 Inj 0 Inj ' 1 Inj 0 Inj 1 Inj 0 Inj . 0 Inj 0 Inj 0 Inj 0 Inj - — — 3 4 1 7 j 3 3 3 4 7 2 1 3 41st St/ Crash Crash Crash Crash : Crash Crash ' Crash Crash Crash Crash Prairie Ave 1 Inj 2 Inj 1 Inj J0 Inj 0 Inj 1 Inj 0 Inj 0 Inj 0 Inj 0 Inj 2 1 4 1 5 5 4 1 1 1 Chase/ and Crash ' Crash Crash Crash ' Crash Crash Crash Crash Crash Crash Alton Rd 1 Inj 0 Inj 0 Inj 0 Inj 0 Inj 2 Inj ' 2 Inj 1 Inj 0 Inj ' 0 Inj - — --- --; 22 1 13 12----� 5 i 7 6 = 8 L 2- - 1 7 63rd Street/ Crash Crash Crash Crash Crash Crash . Crash . Crash Crash i Crash Indian Creek 4 lnj 2 Inj 1 Inj 1 Inj 1 IN 0 lnj 2 Inj 1 Inj 0 Inj 1 Inj Abbott 5 3 1 5 5 2 1 , 0 1 �� 5 Ave/Indian Crash ' Crash Crash Crash Crash Crash Crash � Crash Crash Crash Creek 0 Inj 0 Inj 0 lnj 0 Inj 0 Inj 0 Inj 1 Inj 0 Inj 0 Inj 1 Inj - ------; 4 [ 8 1 10 4 11 5----- 4 1 3 , 7 71st St and Crash Crash Crash l Crash Crash Crash Crash Crash Crash ! Crash Indian Creek 0 Inj J 2 Inj 3 Inj j 1 Inj 1 lnj 1 Inj 1 Inj 1 Inj J 1 Inj 1 Inj Year Total Crashes Number of Injuries 2005: 77 12 2006: 60 9 2007: 65 12 2008: 48 7 2009: 62 10 2010: 48 6 2011: 48 11 2012: 23 4 2013: 29 5 2014: 69* 6 *Important note: The MBPD believes that the 2013-2014 data is skewed by the extraordinary traffic conditions in South Beach due to road construction during that time, particularly in the West Ave/Alton Road corridor. When analyzing safety, it is important to also consider the fact that fewer crashes translate to better traffic flow. It is estimated that each traffic crash takes police officers 1.5 hours to respond, investigate and clear the roadway. Fewer traffic crashes mean less frequent lane closures, maximizing unrestricted traffic flow and reallocating police resources to other calls for service. To help illustrate this, the number of traffic crashes, with corresponding collision type and camera location, is attached (see supporting material, 2005-14 data). FISCAL IMPACT: (see supporting material) Since the program's initial investment, revenue has surpassed expenditures. Until this analysis, however, all staff salaries specifically dedicated to the operation of this program was not included as expenditures. The "True Cost" column factors in all salaries/benefits under the current operation of the PRL program. With this correction, a surplus of$189,000 is projected for FY 15/16. The Miami Beach Police Department has also discussed expanding the program by adding five additional cameras. These would be strategically placed throughout the city at key intersections. The new cameras, along with a recommended relocation of an existing camera, will encompass upgraded technology that will enhance picture quality. It is estimated that if these additional cameras are added, the surplus above expenses for the PRL program would move from $189,000 to $355,000 annually. A breakdown of the data specific to ticket fine amounts, as governed by legislation, is noted below: • Each ticket cost: $158.00 • State of Florida collects: $83.00 • City of Miami Beach collects: $75.00 Proposal: • Increase the number of cameras by five and deploy to the following, high volume traffic crash intersections: o Collins Avenue (SR Al A) and 67th Street o MacArthur Causeway EB (SR/MA) and Bridge o MacArthur Causeway WB (SR Al A) and South Fountain Street o Alton Road (SR 907) and Michigan Avenue o Washington Avenue and 14th Street • Move at least one (1) of the current ten (10) cameras that is underperforming to a location(s) where current traffic crash data indicates they would be better utilized in addressing safety and subsequently, traffic flow. Recommendation: At the April 8th Finance and Citywide Projects Committee meeting, the Committee recommended negotiating the contract renewal with Xerox State and Local Solutions for a defined period of time and allow an expansion of five additional cameras. op JLM:DJO:WRG:tr