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HomeMy WebLinkAbout2010-117-1299 - Agreement with American Traffic Solutions (Addendum) City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 23, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: General Fund – Police Department Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN ADDENDUM TO THE SERVICE AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, INC., ATTACHED HERETO IN SUBSTANTIAL FORM AS EXHIBIT “A,” FOR THE INSTALLATION AND SERVICING OF RED LIGHT CAMERAS AND ACCESSORIES IN CONNECTION WITH THE CITY’S RED LIGHT CAMERA PROGRAM; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: On November 14, 2007, the City Council Adopted Ordinance No. 2007‐26‐132 entitled Dangerous Intersections that provided for the enforcement of red light violations using traffic infraction detectors. Subsequently, the City entered into a contract with American Traffic Solutions (ATS) to provide services in connection with the enforcement of the Dangerous Intersections Ordinance. In May of this year, the Governor signed into law HB 325, which significantly changed the method under which Red light Camera Violations are enforced in the State of Florida. These changes also regulate the way that third party vendors (i.e. ATS) may be compensated by State and local governments who chose ITEM J-7) CONSENT AGENDA RESOLUTION Addendum to the Service Agrement w/American Traffic Solutions 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 to use an outside vendor to enforce red light camera violations. In light of these statutory changes, it is necessary for the City to revise the original contract with ATS. The substantive changes are as follows: • Previously, the compensation structure was based on a per violation split in the fine amount ($125.00); the City retained $85.00 and ATS retained $40.00 per ticket. Under the addendum, the City will now pay a flat fee of $7,550.00 per month, per camera for ATS’s services. • The City will also pay a mail‐processing surcharge of $4 per piece of certified mail, which is now a statutory requirement when the violation is unpaid after 30 days and the City must issue a Uniform Traffic Citation. 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Process Changes Summary • ATS will issue Notice of violation; if that violation is not paid they will issue an Uniform Traffic Citation and forward that citation to the Clerk of Courts for processing. • Under the new law, the Clerk of Courts will be responsible for all due process requirements. • ATS will be responsible for completing all State mandated reporting requirements. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager and the City Attorney to negotiate and to execute an addendum to the American Traffic Solutions service agreement in substantial form. Attachment: Attachment A ‐Agreement