2015-29071 Reso RESOLUTION NO. 2015-29071
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CONTINUATION OF THE INITIAL TERM OF THE AGREEMENT,
THROUGH SEPTEMBER 10, 2015, ON THE SAME TERMS AND
CONDITIONS, SUBJECT TO TERMINATION FOR CONVENIENCE
WITHOUT CAUSE BY THE CITY MANAGER, UNTIL COMPLETION
OF THOSE NEGOTIATIONS FOR THE TWO (2) YEAR RENEWAL
TERM OF THE AGREEMENT BETWEEN THE CITY AND XEROX
STATE AND LOCAL SOLUTIONS, INC. PURSUANT TO, AND AS
AUTHORIZED BY, THE MAYOR AND CITY COMMISSION UNDER
RESOLUTION NO. 2015-29018.
WHEREAS, the Mayor and City Commission approved Resolution No. 2009-27022 on
February 25, 2009, authorizing 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 expressly authorized the City of Miami Beach to
enforce red light infractions through the utilization of automated image capture technology in an
effort to reduce traffic crashes and resulting injuries pursuant to the authority set forth in Section
316.0083 of the Florida Statutes; and
WHEREAS, an Agreement with Xerox for the installation, operation, and maintenance of
the red light violation enforcement camera system throughout the City of Miami Beach pursuant
to Ordinance No. 2008-3621 was negotiated by the Administration; 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 expired 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
addressed potential modifications to the Agreement that would 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 Mayor and City Commission expressly granted the Administration and
the City Attorney's Office the authority to negotiate the first two year Renewal Term as approved
in Resolution No. 2015-29018; and
WHEREAS, the Administration and the City Attorney's Office has been unable to finalize
these negotiations by July 8, 2015, and anticipate that the negotiation will be accomplished by
September 10, 2015.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the continuation of
the initial term of the agreement, through September 10, 2015, on the same terms and
conditions, subject to termination for convenience without cause by the City Manager, until
completion of those negotiations for the two (2) year renewal term of the agreement between
the City and Xerox State and Local Solutions, Inc. pursuant to, and as authorized by, the Mayor
and City Commission under Resolution No. 2015-29018.
PASSED AND ADOPTED this a day of 714 y , 2015.
ATTEST:
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COMMISSION ITEM SUMMARY
Condensed Title:
RED LIGHT CAMERAS EXTENSION:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA,AUTHORIZING THE CONTINUATION OF THE INITIAL TERM
OF THE AGREEMENT, THROUGH SEPTEMBER 10, 2015, ON THE SAME TERMS AND
CONDITIONS,SUBJECT TO TERMINATION FOR CONVENIENCE WITHOUT CAUSE BY THE CITY
MANAGER, UNTIL COMPLETION OF THOSE NEGOTIATIONS FOR THE TWO(2)YEAR RENEWAL
TERM OF THE AGREEMENT BETWEEN THE CITY AND XEROX STATE AND LOCAL SOLUTIONS,
INC. PURSUANT TO, AND AS AUTHORIZED BY, THE MAYOR AND CITY COMMISSION UNDER
RESOLUTION NO. 2015-29018.
Key Intended Outcome Supported:
N/A
Supporting Data (Surveys, Environmental Scan, etc.):
N/A
Item Summary/Recommendation:
In April 2010, the City of Miami Beach entered into a five (5) year Agreement with Xerox State and Local
Solutions, Inc. to begin a photo red light(PRL)ticket enforcement program. The Agreement authorized the
City to extend its duration for up to two (2) additional, two-year terms.
The City of Miami Beach's Agreement with Xerox was set to expire in May 2015. On April 8, 2015, the
Finance and Citywide Projects Committee held a discussion relative to the viability of the PRL program,and
addressed potential modifications to the Agreement that would better protect the interests of the City. The
Committee made several essential recommendations and identified further amendments to the Agreement
that must be encapsulated with an amendment to the Agreement for the first renewal term.These were: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 intersection cameras; and the full indemnity, holding
harmless and defense of the City by Xerox for pending and future litigation.
The Mayor and City Commission expressly granted the Administration and the City Attorney's Office the
authority to negotiate the first two-year renewal term as approved in Resolution No. 2015-29018. These
negotiations were not able to be finalized by July 8, 2015, however it is anticipated that the negotiations will
be completed by September 10, 2015.
It is recommended that the extension is approved. .
Advisory Board Recommendation:
NA
Financial Information:
Source of Amount Account
Funds: 1 N/A
2
3
OBPI Total
Financial Impact Summary: A net income of approximately $33,000 will be earned during the two (2)
month extension period..
City Clerk's Office Legislative Tracking:
Chief of Staff Wendy Rich-Goldschmidt ext. 3054
Sign-Offs:
Department Director Assistant City Manager ity Manager
Chief Daniel J. Oates 3-0
MAM BEA' H AGENDA ITEM C 7 Ai DATE 7-g-/S
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 of tle City Corn ission
FROM: Jimmy L. Morales, City Manager
DATE: July 8, 2015
SUBJECT: A RESOLUTION OF THE MAYOR a ND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUT ORIZING THE CONTINUATION OF THE
INITIAL TERM OF THE AGREEMENT, THROUGH SEPTEMBER 10, 2015,
ON THE SAME TERMS AND CONDITIONS, SUBJECT TO TERMINATION
FOR CONVENIENCE WITHOUT CAUSE BY THE CITY MANAGER, UNTIL
COMPLETION OF THOSE NEGOTIATIONS FOR THE TWO (2) YEAR
RENEWAL TERM OF THE AGREEMENT BETWEEN THE CITY AND XEROX
STATE AND LOCAL SOLUTIONS, INC. PURSUANT TO, AND AS
AUTHORIZED BY, THE MAYOR AND CITY COMMISSION UNDER
RESOLUTION NO. 2015-29018.
ADMINISTRATION RECOMMENDATION
An extension of the current Agreement through September 10, 2015 is approved.
HISTORY/ BACKGROUND
In April 2010, the City of Miami Beach entered into a five (5) year Agreement with
Xerox State and Local Solutions, Inc. to begin a photo red light (PRL) ticket
enforcement program. The Agreement authorized the City to extend its duration
for up to two (2) additional, two-year terms.
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 ten (10) cameras in nine (9) different
intersections throughout the city.
The City of Miami Beach's contract with Xerox was set to expire in May 2015. On
April 8, 2015, the Finance and Citywide Projects Committee held a discussion
relative to the viability of the PRL program, and addressed potential modifications
to the Agreement that would better protect the interests of the City. The
Committee made several essential recommendations and identified further
amendments to the Agreement that must be encapsulated with an amendment to
the Agreement for the first renewal term. These were: at a minimum, a provision
Commission Memorandum
Red light cameras
July 8, 2015 Page 2 of 2
for five (5) additional red light cameras at designated intersections within the City;
g 9 Y;
relocation and upgrade of certain existing designated intersection cameras; and
P
g 9 9
the full indemnity, holding harmless and defense of the City by Xerox for pending
and future litigation.
The Mayor and City Commission expressly granted the Administration and the
City Attorney's Office the authority to negotiate the first two-year renewal term as
approved in Resolution No. 2015-29018. These negotiations were not able to be
finalized by July 8, 2015, however it is anticipated that the negotiations will be
completed by September 10, 2015.
FISCAL IMPACT:
Since the program's initial investment, revenue has surpassed expenditure.
When all factors are included, a surplus of $189,000 is projected for FY 15/16. It
is estimated that if the proposed five (5) additional cameras are added, the
surplus above expenses for the PRL program would increase to $355,000
annually.
The fiscal impact of approval of the Resolution extending the current Agreement
through September 10, 2015 would be a net income of $33,000.
JLM/D O/ 1N