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CLARIFICATION - RESTATEMENT OF AGREEMENT FOR TRAFFIC CAMERA SAFETY IMPROVEMENT PROGRAMCLARIFICATION/RESTATEMENT OF AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND REDFLEX TRAFFIC SYSTEMS INC. FOR TRAFFIC CAMERA SAFETY IMPROVEMENT PROGRAM This Clarification/Restatement (the "Clarification/Restatement ") is made thisa4lay of y , 2014 (the Effective Date ") between the City of Clearwater, Florida, a municipal corporation (the "City") and Redflex Traffic Systems, Inc. ( "Redflex ") (individually referred to as the "Party ", collectively referred to as the "Parties "). RECITALS A. Redflex and the City entered into the Exclusive Agreement between the City of Clearwater, Florida and Redflex Traffic Systems Inc. for Traffic Camera Safety Improvement Program on November 22, 2011 (the "Redflex Agreement "), which also included the execution of certain Business Rules; B. The Parties acknowledge and reaffirm their respective obligations under the Redflex Agreement and desire to clarify the processes and procedures under the Redflex Agreement. NOW, THEREFORE, in consideration of mutual promises and covenants contained herein, and other good and valuable consideration received, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: TERMS AND CONDITIONS I. Notice of Violation Processing. The Parties acknowledge and reaffirm their Processing obligations of Notices of Violation under the Redflex Agreement as follows: The Redflex system shall process Infraction Data gathered from the Designated Intersection Approaches into a format capable of review by the Authorized Employee(s), who must be a traffic infraction enforcement officer ( "TIEO ") authorized to enforce F.S. § 316.0083 pursuant to F.S. § 316.640, via the Redflex System and in a manner consistent with Florida law. Prior to sending the Infraction Data to the TIED for him/her to unilaterally determine whether to issue a Notice of Violation, Redflex shall review and pre - process the Infraction Data to remove or reject certain data based on the criteria set by the Parties in their Business Rules and Redflex's Procedure Manual, which have both been reviewed and agreed to by the City ( "Rejection Criteria "). Such Rejection Criteria includes, but is not limited to, the following: • False Trigger • Right Turn Violations • Exception Vehicles, e.g., on -duty state or federal emergency vehicles • Cannot obtain a clear image of the license plate • Plate Obstruction • Traffic Signal Obstruction • Out -of- Country License Plate 1 Upon request, the City may review the removed and rejected data prior to it being purged from the Redflex System to ensure compliance with the Rejection Criteria. The Redflex System will be accessible by the TIEO through a secure and encrypted connection by use of a confidential user account on a computer equipped with a high -speed Internet connection and an approved web browser. The City shall be solelyresponsible for acquiring and maintaining the necessary high -speed Internet access for this System. Redflex shall provide the TIED with continuous access to the Redflex System for the purposes of reviewing the pre - processed Infraction Data. Infraction Data shall be accessible by Redflex and available to City's TIED no later than seven (7) days after the Potential Violation. The TIEO(s) shall review the Infraction Data provided by Redflex and the TIED shall unilaterally decide and direct whether a Notice of Violation shall be issued with respect to each Potential Violation captured within such Infraction Data. The TIED shall issue such Notice of Violation and order Redflex to send the Notice of Violation, pursuant to the terms of this Agreement, in the form of an Electronic Signature and electronic directive transmitted to Redflex using the software or other applications or procedures provided by Redflex on the Redflex System for such purpose. While performing the foregoing, the TIED shall certify that he or she has reviewed photograph or electronic images or streaming video relating to an alleged violation of F.S. § 316.047(1) or F.S. § 316.075(1)(c)(1), has determined that such evidence shows an Infraction, and is issuing a Notice of Violation to the Registered Owner involved in the Infraction in accordance with F.S. § 316.0083. REDFLEX ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A NOTICE OF VIOLATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE TIED AND SHALL BE MADE IN SUCH TIEO'S SOLE DISCRETION (A "NOTICE OF VIOLATION DECISION "), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A NOTICE OF VIOLATION DECISION OR TO ALTER THE NOTICE OF DECISION AND DIRECTION OF THE TIEOS. Upon notificationand directionby the TIED to Redflex to send the issued Notice of Violation to the Registered Owner, Redflex shall print and mail the Notices of Violation no later than five (5) days after Redflex's receipt of such notification and direction. Redflex shall mail Notices of Violation via U.S. First Class Mail to the Registered Owner. Notices of Violation shall not be sent later than thirty (30) days after the Infraction occurred. II. Uniform Traffic Citation ( "UTC ") Processing. For the processing of a UTC, the Redflex Agreement shall be as follows: If Redflex does not receive payment for a Notice of Violation within sixty (60) days after the Notice of Violation was sent to the registered owner of the motor vehicle involved in the Authorized Violation (the "Registered Owner "), then Redflex shall notify the City in such a manner that the City can comply with the requirements under Florida law for issuance of a UTC. Redflex shall also notify the City in the above manner if the Registered Owner asserts a defense or requests a hearing against the Notice of Violation. If the City receives notice of non - payment, a defense, or a request for hearing, as outlined above, then the TIED shall unilaterally decide whether a UTC shall be issued. If the TIED decides to issue a UTC, the TIED shall create a UTC in PDF form that is generated on the Redflex System and ensure that the PDF is then transmitted to Redflex using the software or 2 other applications or procedures provided by Redflex on the Redflex System for printing and mailing purposes. Redflex shall then print a hard copy of the UTC and send the hard copy to the TIEO. The TIED shall then send the UTC to the violator by certified mail. Within 5 days of mailing the UTC to the violator, the T1E0 shall also transmit an electronic version of the UTC to the Pinellas County Clerk of Court using the Redflex System, in the format and method agreed to by the Clerk of Court in accordance with F.S. § 316.650. REDFLEX HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A UTC SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE TIEO AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A DECISION REGARDING WHETHER A UTC SHALL BE ISSUED. III. Conflicting Provisions. Any provisions contained in the Redflex Agreement that conflict with this Clarification/Restatement are hereby null and void except as expressly restated in this Clarification/Restatement. The Terms and Conditions of the Redflex Agreement shall remain in full force and effect. To the extent that this ClearificationlRestatement conflicts with the terms of the Redflex Agreement, this Clarification/Restatement shall control. CITY OF CLEARWATER Countersigned: CITY OF CLEARWATER, FLORIDA — °leo( ref Q kii9S George N. Cretekos Mayor By: ()j William B. Horne II City Manager Approved as to form: Attest: Robert J. S : tte Assistant Ci y Attorney REDF ts it To r marieCal l l City Clerk SYSTEMS, INC. James Saunde Preside t & CEO • 3