EXTENSION AND CLARIFICATIONEXTENSION AND CLARIFICATION
OF "EXCLUSIVE AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND
REDFLEX TRAFFIC SYSTEMS INC. FOR TRAFFIC CAMERA
SAFETY IMPROVEMENT PROGRAM"
This EXTENSION AND CLARIFICATION of the November 22, 2011 Agreement between the City of
Clearwater, Florida, a municipal corporation (the "City ") and Redflex Traffic Systems, Inc. ( "ReOflex ")
dividually referred to as the "Party," collectively referred to as the "Parties ") is made this )Zlay of
, 015 (the "Effective Date ").
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
Exclusive Agreement "), which also included the execution of certain Business Rules, for the
operation of two approaches at the intersection of Gulf to Bay Blvd. and Belcher Road and one
approach at the intersection of South Fort Harrison Avenue and Chestnut Street;
B. On December 18, 2014 the Clearwater City Council approved on its consent agenda the execution
by the Parties of the CLARIFICATION/RESTATEMENT OF AGREEMENT OF THE CITY OF
CLEARWATER, FLORIDA AND REDFLEX TRAFFIC SYSTEMS, INC. FOR TRAFFIC
CAMERA SAFETY IMPROVEMENT PROGRAM (the "First Clarification ");
C. The "TERM" of the Redflex Exclusive Agreement, which expired on July 31, 2015, provided for
the automatic extension of the Redflex Exclusive Agreement for two additional 2 -year periods
unless the City of Clearwater provided written notice not to renew;
D. The parties, however, agreed to extend the Redflex Exclusive Agreement for 90 days so that the
Parties could renegotiate the terms of the first 2 -year extension, while providing the City of
Clearwater with the option of sending its written notice on or before September 15, 2015, of its
intent not to renew;
E. The Parties hereby agree to the first 2 -year extension of the Redflex Exclusive Agreement;
F. The Parties acknowledge and reaffirm their respective obligations under the Redflex Exclusive
Agreement and the First Clarification and further clarify below 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 clearly identify the
registration of the vehicle captured and enter all relevant Florida Department of Highway Safety and
Motor Vehicles (DMV) information into the Redflex System. The identification and entering of DMV
information is 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.
At the east bound approach located at the intersection of Chestnut Street and South Ft. Harrison Avenue
and at the east bound approach located at the intersection of Gulf to Bay Blvd. and Belcher Road, Redflex
will install Radar Detection and SMARTcheck® Software. Because space limitations at the west bound
approach located at the intersection of Gulf to Bay Blvd. and Belcher Road, Redflex is unable to install
Radar Detection at that approach. Redflex will install SMARTCheck® Software at that approach. The
Redflex System will automatically reject detection Data based on "Rejection Criteria," which the City of
Clearwater has reviewed and approved and which consist of the following:
• Amber Phase auto reject
• Excessive speed
• Low speed
• Missing images
• Missing video
• SMARTcheck® — (False Trigger; Turn Triggers [right turn on red infractions];
Screeching Stops [vehicle stops prior to exiting the intersection])
• Test Image
The City may review and have access to any SMARTCheck® rejections that the system identified prior to
it being purged from the Redflex System to ensure compliance with the Rejection Criteria. The Redflex
System will be accessible by the TIED 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 solely responsible for acquiring and maintaining the necessary high -speed
Internet access for this System.
Redflex will provide all of the Infraction Data to the TIED for a determination by the TIEO whether the
TIED will issue a Notice of Violation.
Other than reviewing and pre - processing the Infraction Data to clearly identify the registration of the
vehicle captured and then entering all relevant DMV information into the Redflex System, no Redflex
employee shall review any of the Infraction Data for the purpose of determining if a violation occurred.
Redflex shall provide the TIED with continuous access to the Redflex System for the purposes of
reviewing the Infraction Data. Infraction Data shall be accessible by Redflex and available to the City's
TIED no later than one (1) day 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 photographic or electronic images and 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 notification and direction by 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 be sent not 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 from the registered owner payment, notice of a nomination, or a request for
hearing 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, 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 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
TIED 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. Term. This EXTENSION AND CLARIFICATION shall commence on October 31, 2015 and
shall terminate on October 30, 2017, for the operation of two approaches at the intersection of Gulf to Bay
Blvd. and Belcher Road and one approach at the intersection of South Fort Harrison Avenue and Chestnut
Street.
IV. Termination. This EXTENSION AND CLARIFICATION is terminable at will as outlined in
Section 6 of the Redflex Exclusive Agreement subject to the following:
The City shall be obligated to reimburse Redflex only for an amount not to exceed $25,000 related to the
expenses incurred with the construction and installation of mapping radar at the Designated Intersection
Approaches if the City terminates this EXTENSION AND CLARIFICATION without cause. Within
thirty (30) days of completion of construction, Redflex shall provide to the City the actual cost of
construction and installation. Costs will be amortized on a twenty -four (24) month schedule starting on
the Effective Date of this EXTENSION AND CLARIFICATION. Redflex shall provide an accounting of
•
• • c
the construction and installation costs of the mapping radar upon request by the City. Section 6.4 in the
Redflex Exclusive Agreement is null and void.
If the Florida Legislature enacts legislation repealing the statutory authorization for the City to operate a
red - light- camera program, then this EXTENSION AND CLARIFICATION shall automatically terminate
upon the effective date of the legislation; and the City will not be obligated to pay the unamortized costs
of the mapping radar, but will only be obligated to pay the amount owed to Redflex pursuant to EXHIBIT
"D" of the Redflex Exclusive Agreement for services provided up to the effective date of the legislation.
V. Public Records. Pursuant to Section 119.0701, Florida Statutes, Redflex shall be required to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the City in
order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that the City
would provide the records and at a cost that does not exceed the cost provided in chapter 119, Florida
Statutes, or as otherwise provided by Florida law.
(c) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements of Chapter 119, Florida Statutes, are not disclosed except as authorized by Florida law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the Ciy all public
records in possession of Redflex upon termination of the contract and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
VI. Conflicting Provisions. Any provisions contained in the Redflex Exclusive Agreement or the
First Clarification that conflict with this EXTENSION AND CLARIFICATION are hereby null and void
except as expressly restated in this EXTENSION AND CLARIFICATION. The Terms and Conditions of
the Redflex Exclusive Agreement shall remain in full force and effect. To the extent that this
EXTENSION AND CLARIFICATION conflicts with the terms of the Redflex Exclusive Agreement and
First Clarification, this EXTENSION AND CLARIFICATION shall control.
CITY OF CLEARWATER
Countersigned:
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By:
George N. Cretekos William B. Horne II
W& .w 8.lL wa
Mayor
Approved as to Form: Attest:
Rosemarie Call
City Clerk
Robert J. Surtte
Assistant City Attorney
City Manager
REDFLEX TRAFFIC SYS MS, INC.
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