Res No 165-23-16098RESOLUTION NO. 16S-23-16098
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING AN AGREEMENT WITH
REDSPEED FLORIDA, LLC FOR THE INSTALLATION
AND OPERATION OF SPEED DETECTION SYSTEMS FOR
ENFORCEMENT OF SPEED LIMIT VIOLATIONS
OCCURRING IN ELIGIBLE SCHOOL ZONES AND
RELATED TRAFFIC REPORT SERVICES AT NO COST TO
THE CITY, CONTINGENT UPON FULL COMPLIANCE BY
THE CITY AND REDSPEED FLORIDA, LLC WITH ALL
THE REQUIREMENTS OF CHAPTER 2023-174 OF THE
LAWS OF FLORIDA; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT WITH REDSPEED FLORIDA LLC FOR THE
SERVICES FOR A TERM NOT TO EXCEED THREE (3)
YEARS AND TWO (2) ONE-YEAR EXTENSIONS;
PROVIDING FOR IMPLEMENTATION, CORRECTIONS,
AND AN EFFECTIVE DATE.
WHEREAS, on July 1, 2023, House Bill 657 (the "Bill''), as codified under Chapter 2023-
174 of the Laws of Florida, went into effect, authorizing municipalities to use speed detection
systems to enforce school zone speeding violations in excess of 10 miles over the posted speed
limit (among other things); and
WHEREAS, pursuant to and subject to the requirements of the Bill, the City desires to
utilize speed detection systems to enforce speeding violations in excess of 10 miles per hour over
the posted speed limit that occur within eligible school zones (the "Services"); and
WHEREAS, under the Bill, in order to implement the Services, the City is required to
adopt an ordinance authorizing the use of speed detection systems and creating a traffic hearing
framework relating to notice of violations issued through the use of the Services; and
WHEREAS, the Bill also requires the City Commission to first dete1mine whether a
school zone constitutes a heightened safety risk that wa1Tants additional traffic enforcement
measures based on traffic data collected in accordance with Florida Department of Transportation
specifications ("Traffic Report Services'') prior to utilization of the Services in any particular
schoolzone;and
WHEREAS, the City desires to enter into an Agreement based on the form attached hereto
as Exhibit "N' (the "Agreement") to provide the Traffic Report Services and the Services for a
te1m not to exceed three {3) years and two (2) one-year extensions; and
WHEREAS, Redspeed Florida LLC {the "Consultant") has provided the City with a
Proposal attached hereto as Exhibit "B'' (the "Proposal'') for the provision of the Traffic Report
Services and the Services; and
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Res. No. 165-23-16098
WHEREAS, the Consultant acknowledges and agrees that the Services shall not be
rendered until the City adopts enabling legislation, including an ordinance, authorizing the
provision of the Services; and
WHEREAS, the City's enabling legislation shall also include a detennination based on
the results of the Consultant's Traffic Report Services as to which school zones in the City
constitute a heightened safety risk warranting additional traffic enforcement measures; and
WHEREAS, the Traffic Report Services and the Se1vices, including installation and
operation of any required equipment or fixtures required for the Services, provided by the
Consultant shall be at no cost to the City; and
WHEREAS, the Consultant shall be compensated through a fee collected from traffic
citation penalties issued in the provision of the Se1vices, with a portion of such fee shared with the
City; and
WHEREAS, the City shall not bear the cost of removal of any equipment or fixtures
owned and installed by the Consultant for the provision of the Services if the City tenninates the
Agreement for convenience atler one year of installation; and
WHEREAS, the City Commission desires to authorize the City Manager to negotiate and
execute the Agreement based on the form attached hereto as Exhibit "A" with the Consultant for
the provision of the Traffic Repo11 Services and the Services for a term not to exceed three (3)
years and two (2) one-year renewals, in accordance with the Proposal attached hereto as Exhibit
"B" and contingent upon full compliance with all the requirements of the Bill by the City and the
Consultant; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Apm·oval and Authorization. The City Commission hereby approves and
authorizes the City Manager to negotiate and execute the Agreement based on the form attached
hereto as Exhibit "A" with the Consultant for the provision of the Traffic Report Services and the
Services for a term not to exceed three (3) years and two (2) one-year extensions, in accordance
with the Proposal attached hereto as Exhibit "B" and subject to the approval of the City Attorney
as to form, content, and legal sufficiency. The Agreement to be negotiated by the City Manager
shall be contingent upon full compliance with all requirements of the Bill by the City and the
Consultant.
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Res. No. 165-23-16098
Section 3. Implementation. That the City Manager is authorized to take any and all
actions necessary to implement 'the Agreement and the puq,oscs of this Resolution.
Section 4. Corrections. Conforming language or technical scrivener-type conections
may be made by the City Attorney for any confonning amendments to be incorporated into the
final resolution for signature.
Section 5.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 5111 day of December, 2023.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
COLE
& BIERMAN, P.L.
CITY ATTORNEY
APPROVED:
~-------'----
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
3-2
Yea
Nay
Yea
Commissioner Liebman: Nay
Commissioner Corey: Yea
Page 3 of3
Agenda Item No:9.
City Commission Agenda Item Report
Meeting Date: December 5, 2023
Submitted by: Tony Recio
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPROVING AN AGREEMENT WITH REDSPEED FLORIDA, LLC FOR THE INSTALLATION AND
OPERATION OF SPEED DETECTION SYSTEMS FOR ENFORCEMENT OF SPEED LIMIT VIOLATIONS
OCCURRING IN ELIGIBLE SCHOOL ZONES AND RELATED TRAFFIC REPORT SERVICES AT NO COST
TO THE CITY, CONTINGENT UPON FULL COMPLIANCE BY THE CITY AND REDSPEED FLORIDA, LLC
WITH ALL THE REQUIREMENTS OF CHAPTER 2023-174 OF THE LAWS OF FLORIDA; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH REDSPEED FLORIDA LLC FOR
THE SERVICES FOR A TERM NOT TO EXCEED THREE (3) YEARS AND TWO (2) ONE-YEAR
EXTENSIONS; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5
(MAYOR FERNÁNDEZ)
Suggested Action:
Attachments:
47R6509-CA Memo Re RedSpeed Resolution.DOCX
Resolution Approving and Authorizing Agreement with RedSpeed for Speed Detection System Services - CAv2.docx
47Q966102-Agreement for Speed Detection System School Zone Enforcement Services.DOCX
South_Miami_Traffic_Study_Booklet.pdf
Sun_Biz_Red_Speed_Florida_LLC.pdf
School_Zone_Speed_Enforcement_Program_Matrix_10.19.23.pdf
HB657_Summary.pdf
Proposal_RedSpeed_Program_Overview-City_of_South_Miami (1).pdf
MDBR_Ad.pdf
MH_Ad.pdf
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE:December 5, 2023 City Commission Meeting
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING AN AGREEMENT
WITH REDSPEED FLORIDA, LLC FOR THE INSTALLATION AND
OPERATION OF SPEED DETECTION SYSTEMS FOR
ENFORCEMENT OF SPEED LIMIT VIOLATIONS OCCURRING IN
ELIGIBLE SCHOOL ZONES AND RELATED TRAFFIC REPORT
SERVICES AT NO COST TO THE CITY, CONTINGENT UPON FULL
COMPLIANCE BY THE CITY AND REDSPEED FLORIDA, LLC WITH
ALL THE REQUIREMENTS OF CHAPTER 2023-174 OF THE LAWS
OF FLORIDA; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE AN AGREEMENT WITH REDSPEED FLORIDA LLC
FOR THE SERVICES FOR A TERM NOT TO EXCEED THREE (3)
YEARS AND TWO (2) ONE-YEAR EXTENSIONS; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE.
The accompanying resolution was prepared and placed on the agenda at the request of Mayor
Fernandez.
2
' f
AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
REDSPEED FLORIDA, LLC
THIS AGREEMENT (this "Agreement") is made effective as of the 5th day of
DECEMBER , 2023 (the "Effective Date"), by and between the CITY OF
SOUTH MIAMI, a Florida municipal corporation, (hereinafter the "City"), and REDSPEED
FLORIDA LLC, a Florida limited liability company, (hereinafter, the "Consultant").
WHEREAS, on July 1, 2023, House Bill 657 (the "Bill''), as codified under Chapter 2023-
174 of the Laws of Florida, went into effect, authorizing municipalities to use speed detection
systems to enforce school zone speeding violations in excess of 10 miles over the posted speed
limit (among other things) (the "Services," as further defined herein); and
WHEREAS, under the Bill, in order to implement the Services, the City is required to
adopt an ordinance authorizing the use of speed detection systems and creating a traffic hearing
framework relating to notice of violations issued pursuant to the use of the Services (among other
things); and
WHEREAS, the Bill also requires the City Commission to first determine whether a
school zone constitutes a heightened safety risk that warrants additional traffic enforcement
measures based on traffic data collected in accordance with Florida Department of Transportation
("FOOT") specifications that are as of yet undefined (the "Traffic Report Services," as further
defined herein) prior to utilization of the Services in any particular school zone; and
WHEREAS, pursuant to and subject to the requirements of the Bill, the City desires
Traffic Report Services in order to utilize the Services within eligible school zones; and
WHEREAS, the Traffic Report Services and the Services and shall be performed in
accordance with the Scope of Work attached hereto as Exhibit "At" and "Al,'' respectively; and
WHEREAS, the Consultant submitted a Proposal, attached hereto as Exhibit "B," relating
to the provision of the Traffic Report Services and the Services; and
WHEREAS, the Consultant shall be compensated through a revenue sharing fee collected
from traffic citation penalties issued in the provision of the Services in accordance with the
Revenue Share Schedule attached Exhibit "C"; and
WHEREAS, on DECEMBER 5, 2023, the City Commission adopted Resolution No. R-
165-23-16098, authorizing the City Manager to negotiate and execute this Agreement with the
Consultant for the provision of the Traffic Report Services and the Services for a term not to exceed
three {3) years and two (2) one-year extensions in accordance with the Consultant's Proposal
attached hereto as Exhibit "B" and contingent upon compliance with all the requirements of the
Bill by the City and the Consultant; and
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WHEREAS, the Consultant acknowledges and agrees that the Services shall not be
rendered until the City adopts enabling legislation, including an ordinance, authorizing the
provision of the Services; and
WHEREAS, the City's enabling legislation shall also include a detennination based on
the results of the Consultant's Traffic Report Services as to which school zones in the City
constitute a heightened safety risk warranting additional traffic enforcement measures; and
WHEREAS, the Services, including installation and operation of any required equipment
or fixtures required for the Services, provided by the Consultant shall be at no cost to the City; and
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Consultant and the City agree as follows:
1. Scope of Services.
1.1. Consultant shall provide the following services to the City:
1.1.1. The Consultant shall provide the Traffic Report Services as set forth in the Scope
of Work attached hereto as Exhibit "Al" and the Proposal attached hereto as Exhibit
"B."
1.1.2. The Consultant shall provide the Services as set forth in the Consultant's Scope of
Work (Speed Detection Services) attached hereto as Exhibit "A2" and the Proposal
attached hereto as Exhibit "B." Provided, however, that the provision of the Services
by the Consultant is contingent upon adoption of enabling legislation by the City and
that the Services shall only be provided in those school zones dete1mined by the City
Commission to constitute a heightened safety risk that wa1Tants additional traffic
enforcement measures based on the results of the Traffic Report Services provided by
the Consultant.
1.1.3. Consultant shall furnish all reports, documents, and information obtained pursuant
to this Agreement, and recommendations during the term of this Agreement
(hereinafter "Deliverables") to the City.
1.2. Consultant's services shall be subject to the following:
1.2.1. The City shall assist the Consultant in the provision of the Traffic Report Services
and the Services as set forth under the City's Scope of Work attached hereto as Exhibit
"A3."
1.2.2. Section 316.008(9)( c ), Florida Statutes, mandates the City to consider traffic data
or other evidence supporting the installation and operation of any proposed school
zone speed detection system. The City Commission, at its sole discretion, shall
detennine whether a particular school zone where a speed detection system is to be
installed constitutes a heightened safety risk that warrants additional enforcement
measures.
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1.2.3. Section 316.0776(3), Florida Statutes, mandates that the installation of speed
detection systems comply with specifications established by FOOT, which
specifications, upon their creation and as may be amended or superseded from time
to time, are incorporated herein by this reference.
1.2.4. As of the date of execution of this Agreement, the City has not yet commenced a
study of traffic data, nor gathered other evidence in support of the installation and
operation of a speed detection system. Furthermore, FOOT has yet to establish
specifications for the installation of such systems.
1.2.5. Should traffic data or other evidence fail to support the installation of a speed
detection system, or fail to meet FOOT specifications for installation of a speed
detection system, the City, at its sole discretion, may terminate this Agreement,
without penalty. Each party to the Agreement shall bear their own costs (if any)
should the Agreement be terminated pursuant to this section.
1.2.6. In the event that state legislation or a decision by a court of competent jurisdiction
prohibits or renders illegal the provision of the Traffic Report Services and/or the
Services, the Consultant shall, at its sole expense, be responsible for removing all
equipment or fixtures installed by the Consultant.
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through three (3) years
thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the
City Commission ·may renew this Agreement for up to two (2) additional one (1) year
periods on the same terms as set forth herein upon written notice to the Consultant and
after a public hearing on the renewal, as required by Section 316.0776( c ), Florida Statutes.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services
and the Traffic Report Services within the term of this Agreement, unless extended by the
City Manager.
3. Compensation and Payment.
3.1. Consultant shall be compensated for the provision of the Services in accordance with the
Revenue Share Schedule attached hereto as Exhibit "B." Consultant shall not be
compensated for the provision of the Traffic Report Services under any circumstances.
3.2. Consultant shall deliver an invoice to City no more often than once per month detailing
Services completed and the amount due to Consultant under this Agreement. Fees shall be
paid in arrears each month, pursuant to Consultant's invoice, which shall be based upon the
percentage of work completed for each task invoiced. The City shall pay the Consultant in
accordance with the Florida Prompt Payment Act after approval and acceptance of the
Services by the City Manager.
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4. Subconsultants.
4.1. The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services and Traffic Report Services.
4.2. Consultant may only utilize the services of a particular subconsultant with the prior written
app1·oval of the City Manager, which approval may be granted or withheld in the City
Manager's sole and absolute discretion.
S. City's Responsibilities.
5.1. City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and Traffic Report Services and
in possession of the City, and provide criteria requested by Consultant to assist Consultant
in performing the Services and Traffic Report Services.
5.2. Upon Consultant's request, City shall reasonably cooperate in arranging access to public
information that may be required for Consultant to perform the Services and Traffic
Report Services.
6. Consultant's Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill, and diligence in the
performance of the Services and Traffic Report Services as is ordinarily provided by a
consultant under similar circumstances. If at any time during the term of this Agreement
or within two (2) years from the completion of this Agreement, it is determined that the
Consultant's Deliverables, Services, and/or Traffic Report Services are incorrect, not
properly rendered, defective, 01· fail to conform to City requests, the Consultant shall at
Consultant's sole expense, immediately correct its Deliverables, Services, and/or T1·affic
Report Services.
6.2. The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perfonn the
Services and Traffic Report Services for City as an independent contractor of the City.
Consultant further wattants and represents that it has the required knowledge, expertise,
and experience to perform the Services and Traffic Repo1t Services and carry out its
obligations under this Agreement in a professional and first class manner.
6.3. The Consultant represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
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7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the City:
8. Termination.
8.1. The City Manager, without cause, may terminate this Agreement upon five (5) calendar
days written notice to the Consultant, or immediately with cause. In the event that the City
terminates for convenience within one year after installation of any camera for the
Services, the City shall reimburse the Consultant for the cost of removal in the amount of
the total revenue collected by the City for that system up to $10,000.
8.2. Upon receipt of the City's written notice of termination, Consultant shall immediately stop
work on the project unless directed otherwise by the City Manager.
8.3. The Consultant shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and Traffic Report Services and the pmject to the City,
in a hard copy and electronic format within fourteen (14) days from the date of the written
notice of termination or the date of expiration of this Agreement.
8.4. Upon tennination of this Agreement, the parties recognize that the City will have to
process traffic law violations that occur pdor to the notice of tennination of the Agreement
and that the Consultant must assist the City in this regard. Accordingly, the parties shall
take the following actions, and shall have the following obligations, which survive
termination during the wind-down period: the City shall cease using the Services, shall
retum or allow the Consultant, at its sole expense, to recover all provided equipment
and/or fixtures, within a reasonable time not to exceed ninety (90) days, and shall cease
provision of the Services. Unless directed by the City to do so, the Consultant shall not
continue to provide all or part of the Services before termination. The Consultant shall
provide the City with all revenues owed to the City accruing prior to the date of
termination.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to
City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better
by A.M. Best and qualified to do business in the State of Florida. The insurance coverage
shall be primary insurance with respect to the City, its officials, employees, agents, and
volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Consultant's insurance and shall not contribute to the Consultant's
insurance. The insurance coverages shall include at a minimum the amounts set forth in
this section and may be increased by the City as it deems necessary or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
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Product Liability coverages and eliminate the exclusion with respect to property under
the care, custody and control of Consultant. The General Aggregate Liability limit
and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employe1·'s Liability with minimum limits of$1,000,000.00
each accident. No employee, subcontractor or agent of the Consultant shall be allowed
to provide Services and Traffic Report Services pursuant to this Agreement who is
not covered by Worker's Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of$1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City,
reflecting the City as an Additional Insured ( except with respect to Professional Liability
Insurance and Worker's Compensation Insurance), no later than ten (10) days after award
of this Agreement and prior to the execution of this Agreement by City and prior to
commencing Services and/or Traffic Report Services. Each certificate shall include no
less than (30) thirty-day advance written notice to City prior to cancellation, tennination,
01· material alteration of said policies or insurance. The Consultant shall be responsible
for assuring that the insurance certificates required by this Section remain in full force and
effect for the duration of this Agreement, including any extensions or renewals that may
be granted by the City. The Certificates of Insurance shall not only name the types of
policy(ies) provided, but also shall refer specifically to this Agreement and shall state that
such insurance is as required by this Agreement. The City reserves the right to inspect
and return a certified copy of such policies, upon wlitten request by the City. If a policy
is due to expire prior to the completion of the Services and Traffic Report Services,
renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the
date of their policy expiration. Each policy ce11ificate shall be endorsed with a provision
that not less than thirty (30) calendar days' written notice shall be provided to the City
before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s)
is subject to approval of the City.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's
Compensation Insurance, the City is to be specifically included as an Additional Insured
for the liability of the City resulting from Services and Traffic Report Services perfonned
by or on behalf of the Consultant in performance of this Agreement. The Consultant's
insurance, including that applicable to the City as an Additional Insured, shall apply on a
primary basis and any other insurance maintained by the City shall be in excess of and
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shall not contribute to the Consultant's insurance. The Consultant's insurance shall
contain a severability of interest provision providing that, except with respect to the total
limits of liability, the insurance shall apply to each Insured or Additional Insured (for
applicable policies) in the same manner as if separate policies had been issued to each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be
reasonably approved by the City. The Consultant shall be responsible for the payment of
any deductible or self-insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate
against any ofits employees or applicants for employment because of their race, color, religion,
sex, or national origin, and to abide by.all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and all appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF Tl-llS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold hatmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Consultant's perfonnance or non-
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Consultant and third parties made pursuant to this
Agreement. Consultant shall reimburse the City for all its expenses including reasonable
attorneys' fees and costs incutTed in and about the defense of any such claim or
investigation and for any judgment or damages arising from Consultant's perfonnance or
non-performance of this Agreement.
12.2. Consultant shall defend the City in the defense of legal challenges to the Services
and/or Traffic Report Services. Litigation counsel for the defense of any such challenges
shall be chosen by the City. Consultant shalt pay reasonable and customary fees and costs
for the litigation. In the event a conflict between the City and Consultant arises and the
Parties cannot waive such conflict, Consultant shall hire their own counsel, allowing the
original counsel to continue to defend the City, and continue to pay for the reasonable and
customary fees and costs for the City's litigation defense.
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12.3. Nothing herein is intended to serve as a waiver of sovereign immunity by the City,
nor shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. The City is subject to
section 768.28, Florida Statutes, as may be amended from time to time.
12.4. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties ( or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
14. Governing Law and Venue. This Agreement shall be constrned in accordance with and
govemed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services and
Traffic Report Services to the City which are conceived, developed or made by Consultant
during the term of this Agreement ("Work Product") belong to the City. Consultant shall
promptly disclose such Work Product to the City and perform all actions reasonably
requested by the City (whether during or after the term of this Agreement) to establish and
confirm such ownership (including, without limitation, assignments, powers of attorney
and other instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant's possession
or control in connection with Consultant's performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records of the Consultant involving transactions related to this
Agreement. Consultant additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
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disclosed, except as authorized by law, for the duration of the Agreement, and following
completion of the Agreement until the records are transferred to the City.
16.3. Upon 1·equest from the City's custodian of public records, Consultant shall provide
the City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,
Florida Statutes, or as otherwise provided by law.
16.4. Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the City.
16.5. Upon completion of this Agreement or in the event of tennination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Consultant shall be delivered to
the City in a fonnat that is compatible with the City's information technology systems.
Once the public records have been delivered upon completion or tennination of this
Agreement, the Consultant shal I destroy any and all duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are received
as provided herein.
16.7. Consultant's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE
CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO TIDS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records:
Mailing address:
Telephone number:
Email:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
305-663-6340
NPayne@southmiamifl.gov
17. Nonassignability. This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the City Manager. The City is relying upon the apparent
qualifications and expertise of the Consultant, and such firm's familiarity with the City's area
circumstances and desires. '
9 of 40
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent pennitted by law.
19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the City with respect to
all of the acts and services performed by and under the tenns of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services and Traffic
Report Services under this Agreement, and in particular shall obtain all required permits from
all jurisdictional agencies to perfonn the Services and Traffic Report Services under this
Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affitmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the te1ms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees. The Consultant WatTants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or finn, other than a bona fide employee working
solely for the Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287 .133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires
all contractors doing business with the City to register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. The City will not enter into
a contract unless each party to the contract registers with and uses the E-Verify system. The
10 of 40
contracting entity must provide its proof of enrollment in E-Verify. For instructions on how to
provide proof of the contracting entity's participation/enrollment in E-Verify, please visit:
https :/ /www .e-veri f y. gov /faq/how-do-i-provide-proof-of-m y-participationenrol lment-in-e-
verify. By entering into this Agreement, the Contractor acknowledges that it has read Section
448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section
448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from
subcontractors; and has exe~uted the required affidavit attached hereto and incorporated
herein.
28. Most Favored Nation. If during the term of this Agreement, the Consultant enters into an
agreement with another municipality, county, or other local government ("Other Governmental
Entity"), the terms of which agreement include more favorable direct or indirect compensation
to the Other Governmental Entity, then upon written request of the City, the Contractor shall
negotiate and enter into an amendment, addendum, or other fonn of w1·itten agreement with
the City which shall include and incorporate the more favorable compensation tenns extended
to the Other Governmental Entity. Contractor shall notify the City within thirty (30) days if it
enters into an agreement with any other Governmental Entity that has more favorable terms
than this Agreement and the City shall have the right to receive the more favorable terms
immediately.
[Remainder of page intentionally left blanl<.
Signature page and E-Verify Affidavit follows.]
11 of 40
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the City to register with and use the E-Verify system to verify the work authorization
status of all newly hired employees. The City will not enter into a contract unless each party to the
contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity's pruticipation/enrolhnent in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
□ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of:
Print Name: C' ' ,?
Title: CC-0
Entity Nrune: QQ&.sp~J Pl,i,'dq lie
ACKNOWLEDGMENT
StateofFl~ d
County of ~v-;
Notary Public (Print, Stamp, or Type as
Commissioned)
___ .Personally known to me; or
........... )c?_P.roduced identification (Type of IdentificationV ___ L __ f)L......,... _________ ~)
__ .Did talce an oath; or L\ f t::--_-, 1 ,..... ,-i _ "'!') _ O
____ Did not take an oath b .J "ttj,J" ......,.-t L-l,-
12of40
P'.I MOlllclal we'bsllDOf 11111 lkllled Sll1el &<JIIIMIGIII Hom); IN« Yffl! ko?W
My Company Profile
Company Information
Company Name
RedSpaed
CompanylP
1182079
Employer kfentlfloatlon Number(EIN)
205218257
DUNS Number
NAICSCoda
632
Subaeotor
Rental and Leaslns Services
Edit Company Information
Employer Category
Employer Category
None of these categories app~
Edit Employer Category
Company Addresses
Phyaloal AddreBS
460 Eisenhower Lane North
Lombard, IL 60148
MalUng Addl88S
Same as Physical Addra88
Edit Company Addressea
Company Access and MOU
Dolns Business As (DBA) Name
Enrollment Date
Mar21,2017
Unique EnOtyldantlfler (UEI)
Total Number of Employee&
201099
Seotor
Real Estate and Rental and Leaslq
Hiring Sites
Menu Iii
We have Implemented a new policy and require more information for
existing and future hiring sites.
Number of Sltea
3
Edit Hiring Sites
My Company ls Contrgured to:
Verify Its own Employees
Memorandum of Undorstandlng
YI ew Current MOU
u 5 Dcpartroeot o{ Horoaland Secucit~ u 5 cmzeosblp and lrorolgralion Services
AccgssfbllflY .el.us:lni ~
JN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
CITY FSOUTHMTAMI CONSULTANT
By:
Genaro "Chip" Iglesias
City Manager
Attest:
Approved as to form and legal sufficiency:
Br-::;~~~~~~------
W
City -Horney
Addresses for Notice:
Genaro "Chip" Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663 -6345 (facsimile)
chip@southmiamJO.gov (email)
With a copy to:
Weiss Scrota Helfman Cole & Dierman, P.L.
Attn: Lillian Arango, Esq.
City of Soulli Miami Attomey
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
Jarango@wsh-law.com (email)
13 of 40
Dy:_f _____ •• _h_~~-' _(fo,>Q_V)_
Name; ----=--£_o6=-=-e.::....:(c...-+_l~\"'1?........._r.;_m_o-L,1.,____
Title : ___ c~·-/3--=0 ________ _
f?()JS'p~J ~l.oc/Jq_ LLe_ Entity:
6.:3 0-2 /::j. -fi?fcO O (telephone) t g (facsimile) //)-fD ~' re&. (? . CJ(l,(email)
With a copy to:
____________ (telephone)
____________ (facsimile)
____________ (email)
EXHIBIT A
DEFINITIONS
As used in the Scope of Work in Exhibits Al, A2 and A3, the following words and terms shall,
unless the context otherwise requires, have the respective meanings provided below:
"Moto.-Vebicle" means any self-propelled vehicle not operated upon rails or guide-way,
but not including any bicycle or electric personal assisted mobility device.
"Notice of Violation,, means a citation or equivalent instrument issued by a competent
state or municipal law enforcement agent or agency or by a court of competent
jurisdiction relating to a violation docwnented or evidenced by a Speed Detection System
or CONSUL TANT as an agent of such law enforcement agent, agency or court.
"Motor Vehicle Owner" means the person or entity identified by the Florida Department
of Motor Vehicles, or other state vehicle registration office, as the registered owner
of a vehicle. Such tenn shall also mean a lessee of a motor veh iclc pursuant to a
motor vehicle lease· or rental agreement.
"Recm·ded Images" means photographic, electronic, digital or video images of a Motor
Vehicle recorded by a Speed Detection System and establishing a time sequence of the
Motor Vehicle entering the intersection or speed zone and its speed.
"RedCheck" means web-based violation processing system used by Traffic Enforcement
Officer.
"Speed Pltoto Enforcement System" (herein "Speed Detection System,,) means an electronic
system that captures recorded images of Motor Vehicles speeding in designated school
zone and consisting of, at a minimum one radar, Ill panel, and up to seven (7) individual
video cameras capable of monitoring up to seven (7) lanes of enforcement.
"Traffic Enforcement Officer" means an employee of CITY's police
department or other City employee who meets the qualifications of
Chapte1· 316 of the Official Code of Florida Annotated for approving and/or issuing
Notices of Violation.
"Unamortized Costs" means the historical cost of a fixed asset less the total depreciation
shown against that asset up to a specified date. Unamortized costs for this
Agreement may include, but are not limited to, design/engineering plans, camera
foundation construction and installation, restoration of camera location to its
original condition and cost of equipment.
"Violation" means a violation under Chapter 316, Florida Statutes or a violation of
CITY's Code of Ordinances, as may be amended from time to
time.
14 of 40
EXHIBIT At
CONSULTANT'S SCOPE OF WORK
{TRAFFIC REPORT SERVICES}
15 of 40
-
Traffic Studies
Conducted by Red Speed USA
for the City of South Miami
Date: November 14th, 2023
16 or4o Red Speed® Florida
Red Speed traffic studies demonstrated more
than 100 drivers exceeding the posted speed
by more than 10+ mph at four (4)
City of South Miami schools.
Schools Studied
Ludlam Elementary School
Ludlam Elementary School
Somerset Academy Charter
South Miami K-8 Center
South Miami Middle Community School
The Mandelstam School
Epiphany Catholic School
17 of 40
Street
SW 67 th Ave
SW 74th St
SW 58 th Pl
SW 60 th St
SW 67 th Ave
SW 57 th Ave
Violators 10+
over
111
1,175
53
5
127
587
Red Speed® Florida
Florida Schools Speed Study
Ludlam Elementary School, South Miami
6639 SW 74th St, South Miami, FL
SCHOOL ZONE SPEED LIMIT (During Enforced Hrs): 15 MPH
SPEED LIMIT (During Normal Hrs): 35 MP H
VIOLATION TRIGGER SPEED: 25 MPH and 45 MPH (Re spectively)
SCHOOL ZONE HOURS OF OPERATION: 7 :30AM -8:45AM / 1:45PM -3:30PM
STUDY DATE & TIME : 11-14-2023, 6:00 AM -6:00 PM
TRAFFIC STUDY VEHICLE COUNT: 2,690
WEATHER CONDITIONS: FAIR, NO RA I N
# OF LANES: TWO LANES (Northbound), ONE LANE (Southbound)
STUDY LOCATION: SW 67 t h Ave (Northbound, Southbound)
VIOLATIONS DETECTED: 111
18 of 40 Red Speed® Florida
Violations Recorded:
Traff ic Count:
0
80
70
60
50
40 33
30
20
10
0
Florida Schools Speed Study
Ludlam Elementary School, South Miami
111
500 1,000 1,500 2,000 2,500
Speeding Vehicles
75
3
2,690
3,000
7:3 0am -8:45am 8:45am • 1:45pm 1:45pm -3:30pm
26+ MPH
46+ MPH
Total
7:00 8:00 9:00 10:00 11 :00 12:00 13:00 14:00 15:00 Total
18
0
18
15
0
15
0
0
0
0
1
1
0
0
0
19 of 40
0
1
1
7
1
8
46
0
46
22
0
22
108
3
111
Red Speed® Florida
I
Florida Schools Speed Study
Ludlam Elementary School, South Miami
-----~
6639 SW 74th St, South Miami, FL
SCHOOL ZONE SPEED LIMIT (During Enforced Hrs): 15 MPH
SPEED LIMIT (During Normal Hrs): 35{EB) 40(WB) MPH
VIOLATION TRIGGER SPEED: 25 MPH and 45{EB) 50{WB) MPH {Respectively)
SCHOOL ZONE HOURS OF OPERATION: 7:30AM -8:45AM / 1:45PM -3:30PM
STUDY DATE & TIME: 11-14-2023, 6 :00 AM -6:00 PM
TRAFFIC STUDY VEHICLE COUNT: 11,001 -
WEATHER CONDITIONS: FAIR, NO RAIN
# OF LANES: TWO LANES IN EACH DIRECTION {Both Lanes)
STUDY LOCATION: SW 72 nd St (Eastbound, Westbound)
VIOLATIONS DETECTED: 1,175
20 of 40 Red Speed® Florida
Florida Schools Speed Study
Ludlam Elementary School, South Miami
Violations Re co rded: -1,175
Traffi c Coun t:
0 2,000 4,000 6,000 8,000 10,000
Speeding Vehicles
800 701
700
600
500
400 305
300
200 16 9
100
0
7:30am -8:45am 8:45am -1:45pm 1:45pm -3:30pm
7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00
26+ MPH 134 171 0 0 0 0 88 366 247
46+ MPH 0 0 8 36 30 43 23 0 0
Sl+MPH 0 1 7 s s 4 7 0 0
Total 134 172 15 41 35 47 118 366 247
11,001
12,000
Total
1,006
140
29
1,175
21 of 40 Red Speed® Florida
Florida Schools Speed Study
Somerset Academy Charter, South Miami
-
5876 SW 68th St, South Miami, FL
SCHOOL ZONE SPEED LIMIT (During Enforced Hrs): 15 MPH
SPEED LIMIT (During Normal Hrs): 30MPH
VIOLATION TRIGGER SPEED: 25 MPH and 40 MPH (Respectively}
SCHOOL ZONE HOURS OF OPERATION: 7 :00AM -9 :00AM / 1:30PM -4 :00PM
STUDY DATE & TIME: 11-15-2023 , 6 :00 AM -6 :00 PM
TRAFFIC STUDY VEHICLE COUNT: 780
WEATHER CONDITIONS: FAIR, NO RAIN
# OF LANES: ONE LANE IN EACH DIRECTION (Both Lanes)
STUDY LOCATION: SW 58 th Pl (Northbound, Southbound)
VIOLATIONS DETECTED: 53
22 of 40 Red Speed® Florida
Violations Recorded:
Traffic Count:
25
21
20
15
10
5
0
Florida Schools Speed Study
Somerset Academy Charter, South Miami
53
Speeding Vehicles
22
10
780
7 :00am -9:00am 9:00am -1:30 pm 1:30pm -4:00pm
26+ MPH
41+ MPH
Total
7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 Total
11
0
11
10
0
10
0
1
1
0
3
3
0
2
2
23 of 40
0
3
3
2
1
3
9
0
9
11
0
11
43
10
53
Red Speed® Fl o rida
Florida Schools Speed Study
South Miami K-8 Center, South Miami
----
6800 SW 60th St, South Miami, FL
--
SCHOOL ZONE SPEED LIMIT (During Enforced Hrs): 15 MPH
SPEED LIMIT (During Normal Hrs): 30 MPH
VIOLATION TRIGGER SPEED: 25 MPH and 40 MPH (Respectively)
~~
SCHOOL ZONE HOURS OF OPERATION: 7:15AM -8:45AM / 1:45PM -3:30PM ,..._
STUDY DATE & TIME: 11-13-2023, 6:00 AM -6:00 PM
TRAFFIC STUDY VEHICLE COUNT: 566
WEATHER CONDITIONS: FAIR, NO RAIN
# OF LANES: ONE LANE IN EACH DIRECTION (Both Lanes)
STUDY LOCATION: SW 60 th St (Eastbound, Westbound)
VIOLATIONS DETECTED: 5
~
24 of 40 Red Speed® Florida
Violations Recorded : 1 s
Traffic Count:
0
3.5
3
3
2.5
2
1.5
1
0.5
0
Florida Schools Speed Study
South Miami K-8 Center, South Miami
100 200 300 400
Speeding Vehicles
0
56 6
500 600
2
7:15am -8:45am 8:45am -1:45pm 1:45pm -3:30pm
26+MPH
41+ MPH
Total
7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 Total
3
0
3
0
0
0
0
0
0
0
0
0
0
0
0
2S of 40
0
0
0
0
0
0
1
0
1
1
0
1
5
0
5
Red Speed® Florida
Florida Schools Speed Study
South Miami Middle Community School, South Miami
----
6750 SW 60th St, South Miami, Fl
SCHOOL ZONE SPEED LIMIT {During Enforced Hrs): 15 MPH
SPEED LIMIT {During Normal Hrs): 35 MPH
VIOLATION TRIGGER SPEED: 25 MPH and 45 MPH (Respectively)
SCHOOL ZONE HOURS OF OPERATION: 7:15AM -8:45AM / 1:45PM -3:30PM -
STUDY DATE & TIME: 11-14-2023, 6:00 AM -6:00 PM
TRAFFIC STUDY VEHICLE COUNT: 4,034
WEATHER CONDITIONS: FAIR, NO RAIN
# OF LANES: ONE LANE IN EACH DIRECTION (Both Lanes)
STUDY LOCATION: SW 67 th Ave (Northbound, Southbound)
VIOLATIONS DETECTED : 127
26 of 40 Red Speed® Florida
Florida Schools Speed Study
South Miami Middle Community School, South Miami
Vio la t ions Re corde d: I 121
Tra ffic Coun t: 4,034
60
50
40
30
20
10
0
26+ MPH
46 + MPH
Total
0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 4,500
Speeding Vehicles
50 50
27
7:15am -8:45am 8:45am -1:45pm 1:45pm -3:3 0pm
7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 Total
18
0
18
9
0
9
0
13
13
0
14
14
0
8
8
27 of 40
0
7
7
20
8
28
30
0
30
0
0
0
77
so
127
Red Speed® Florida
Florida Schools Speed Study
The Mandelstam School-Epiphany Catholic, South Miami
--------
8530 SW 57th Ave/5557 SW 84th St, South Miami, FL
SCHOOL ZONE SPEED LIMIT (During Enforced Hrs): 15 MPH
SPEED LIMIT (During Normal Hrs): 30 MPH
VIOLATION TRIGGER SPEED: 25 MPH and 40 MPH (R espectively)
SCHOOL ZONE HOURS OF OPERATION: 7 :15AM -8:15AM / 1:45PM -3:30PM
STUDY DATE & TIME: 11-14-2023, 6:00 AM -6:00 PM
TRAFFIC STUDY VEHICLE COUNT: 6,466
WEATHER CONDITIONS: FAIR, NO RAIN
# OF LANES: ONE LANE IN EACH DIRECTION (Both Lanes)
STUDY LOCATION: SW 57 th Ave (Northbound , Southbound)
VIOLATIONS DETECTED: 587
28 of 40 Red Speed® Florida
Florida Schools Speed Study
The Mandelstam School-Epiphany Catholic, South Miami
Violations Recorded : 587
Traffic Count: 6,46 6
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000
Speeding Vehicles
25 0 238
195
200
154
150
100
so
0
7:15am -8:15am 8:15am -1:45pm 1:45pm -3:30pm
7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 Total
26+MPH 177
41+ MPH 0
Total 177
61
16
77
0
30
30
0
30
30
0
22
22
29 of 40
0
34
34
30
22
52
86
0
86
79
0
79
433
154
587
Red Speed® Florida
EXHIBIT A2
CO NSULTANT SCOPE OF WORK
{SP EED DETECTION SYSTEMS SERVICES)
1. CONSULTANT agrees to provide a t urnkey so lut ion fo r Speed Detection Systems to CITY
wherein all reasonably necessary elements required to implement and operate the soluti on a re the
responsibility of CONSUL TANT, except for those items identified in Exhibit A3.
CONSUL TANT and C ITY un derstand and agree that new or previously unforeseen requirements
may, from time to time, be identified and that the patties shall negotiate in good faith to assign to
the proper party the responsibility and cost fo r such items. In general, if work is to be performed
by CITY, unle ss otherwise specified, CITY shall n ot c ha rge CONSULT ANT for the cost. A ll other
in -scope work, external to C ITY, i s the responsibility of CONSU LTANT.
2 . CONSULT ANT agrees to make every effort to adhere to the Project Time Line agreed
upon between the parties and based on the Best and F in a l Offer.
3. CONSULTANT w ill install Speed Detection Systems at several intersections, school zone
areas or grade cross ing approaches to be agreed upon between CONSULT ANT and CITY after
com p letion of site analyses . I n addit ion to any initial locations, t he pruties may agree from time to
t im e to add to the quantities and locati ons w he re Speed Detection Systems are in sta ll ed and
mai ntai ned.
4. CONSULT ANT w ill operate each Speed Detecti on System on a 24-hour basis, barri ng
downtime for maintenance and n ormal servicing activities.
5. CONSULTANT agrees to provide a secure website (www.SpeedViolations.com)
accessible to r ecip ien ts who h ave received Notices of V io lation by means of a Notice #, wh i ch will
a ll ow vio lati on image and video v iewing.
6. CONSULTANT s ha ll provide techni cian s ite vis it s to each Speed Detection System once
per month to perfo1m p reventive mai ntenan ce checks consistin g of: camera enc losure lens
cleaning, camera, strobe, and controller enclosure cleaning , inspection of exposed wires, and
general system inspection and maintenance.
7. CONSULTANT shall use best effotis to endeavor to repair a non-functional Speed
Detection System w ithin forty -eigh t ( 48) business hours of determin a ti o n of a malfunction.
8. CONSULTANT s hall use best efforts to endeavor to repair the Speed Detection System
within one (1) business day from the time of the outage. Outages of CITY internet connections or
infrastructure are excluded from t hi s service level.
9. CONSULT ANT w ill estab li sh a demand deposit account bearing the title, "Redspeed
Florida LLC as agent for City of South M iami" at CIBC Bank. A ll funds coll ected on behalf of
CITY, exclud ing CONSULTANT's monthly fees and any fees associated with e lectronic
processing of vio lations, w ill be deposited in this account and t ransferred by wire on or about the
15th calendar day of the month to C ITY 's primary deposit bank. C IT Y w ill identify the account to
rece ive funds wi red fro m First Midwest Bank. CITY sha ll sign a W-9 and blocked acco unt
agreement, to be completed by CITY, to ens ure C ITY's fina nciaJ interest in said bank account is
preserved.
30 of 40
1 o. CONSULT ANT will design, fabricate, install, obtain permits, and maintain one speed
warning sign for each monitored approach.
11. CONSULT ANT or subcontractors will be responsible for any costs associated with
building, construction, electrical, street use, and/ot pole attachment permits.
12. CONSULT ANT shall assign a project manager who will be the liaison between CITY and
CONSUL TANT and will be responsible for project activities such as development of a project
plan and tracking of deliverables. CITY shall reserve the right to request a new project manager.
13. CONSULT ANT shall provide CITY with Red Check, an automated web-based citation
processing system that includes image processing, color printing and mailing of a Notice of
Violation per chargeable event. Each Notice of Violation shall be delivered by first class mail to
the Motor Vehicle Owner within the statutory period. Mailings to Motor Vehicle Owners
responding to Notices of Violation identifying drivers in affidavits of non-liability or by rental car
companies are also included.
14. CONSULT ANT shall provide the Certified Law Enforcement Officer with access to
RedCheck, for the purposes of reviewing Violations Data within five ( 5) days of the gathering of
the Registered Vehicle Owner Information.
15. The decision to issue Notice of Violation shall be the sole, unilateral and exclusive decision
of the Certified Law Enforcement Officer consistent with State Law.
16. RedCheck shall apply an electronic signature to a Notice of Violation when authorized to
do so by an approving Certified Law Enforcement Officer.
17. CONSULT ANT shall obtain in-state vehicle registration information necessary to issue
citations if it is named as CITY' s agent.
18. CONSULT ANT shall seek records from out-of-state vehicle registration databases and
apply records found by RedCheck to issue citations for CITY.
19. If CITY is unable to or does not desire to integrate CONSULTANT data into its
adjudication system, CONSULT ANT shall provide an on-line adjudication processing module,
which will enable the adjudication function to review cases, related images, correspondence, and
other related information required to adjudicate the disputed Notice of Violation.
20. CONSULTANT shall provide to CITY access to RedCheck system, which provides CITY
with ability to run and print all standard system reports.
21. If required by CITY, CONSULT ANT shall, at CONSULT ANT' s expense, provide and
train CITY with a local expert witness able to testify in administrative proceedings and in court on
matters relating to the accuracy, technical operations, and effectiveness of the Speed Detection
System until judicial notice is taken.
22. In those instances where damage to an Speed Detection System is caused by negligence on
the part of CITY or its authorized agent(s), CONSULTANT will provide CITY an estimate of the
cost of repair. Upon authorization to proceed with the repairs or replacement, CONSULT ANT
shall replace or repair any damaged equipment and invoice for the pre-approved repair cost.
CONSULT ANT shall bear the cost to replace or repair equipment damaged in all other
circumstances.
31 of 40
23. CONSULTANT shall provide a toll-free, CITY-specific help line to help CITY resolve
any problems encountered regarding its Speed Detection System and/or citation processing. The
help line shall function during normal business hours. Call Center hours for violators is Monday-
Friday 9:00 AM to 5 PM EST.
24. CONSULT ANT shall provide Motor Vehicle Owners with the ability to view Recorded
Images of Violations involving their motor vehicles online. This online viewing system shall
include a link to the CONSULT ANT payment website( s ).
25. CONSULTANT is authorized to charge, collect and retain fees associated with the
electronic processing. Such fees shall not exceed $25.00 per violation. Such fee is paid by the
violator. CITY will not receive any of said fees. CITY assumes no liability, responsibility, or
control for said fee sought by CONSULT ANT.
26. CONSULT ANT shall provide CITY with a warning period consistent with State law.
32 of 40
EXHIBIT A3
CITY'S SCOPE OF WORK
1. Within seven (7) business days of execution of the Agreement, CITY shall provide
CONSULT ANT with the name and contact information for a project manager with authority to
coordinate CITY responsibilities under the Agreement.
2. Within seven (7) business days of the Agreement, CITY shall provide CONSUL TANT
with the name and contact information for an Appeals Coordinator or staff responsible for
oversight of all related program requirements.
3. Within seven (7) business days of execution of the Agreement, CITY shall provide
CONSULTANT with the name(s), contact infonnation, and electronic signatw-e(s) of all Certified
Peace Officers authorized by CITY's Police Department to approve and issue Notices of Violation.
4. CITY shall establish a method by which a Motor Vehicle Owner who has received a Notice
of Violation may review the images and video evidencing the Violation at
www.SpeedViolation.com free of charge. This may be at a publicly available tenninal at CITY's
facility or by appointment with the Police Department.
5. CONSULTANT will relocate an Speed Detection System at no cost to a new enforcement
location once it has been mutually agreed upon between CONSULTANT and CITY.
6. CITY shall endeavor to approve or reject CONSULTANT submitted plans within seven
(7) business days of receipt. CONSUL TANT and CITY will endeavor to approve the plans in a
timely manner.
7. CITY will endeavor to issue all needed permits to CONSUL TANT and its subcontractors
in an expedited fashion for plan approval.
8. If use of private property right of way is needed, CITY shall assist CONSULT ANT in
acquiring permission to build in existing utility easements as necessary. Any additional cost for
private property right of way lease/rental costs shall be borne by CONSULTANT.
CONSULT ANT reserves the right to not install on private property if the costs are unreasonable.
9. CITY may allow CONSUL TANT to build needed infrastructure in existing CITY owned
easement as necessary and only after required permits have been approved.
10. CITY's Certified Law Enforcement Officer(s) shall process each potential violation in
accordance with State Law and/or CITY's Ordinances within five (5) days (excluding Saturday,
Sunday and CITY observed holidays) of its appearance in the Law Enforcement Review Queue,
using RedCheck to determine which Violations will be issued as Notices of Violation.
11. Police Department workstation computer monitors for citation review and approval should
provide a minimum resolution of 1280 x 1024.
12. Police Department shall provide signatures of all authorized police users who will review
events and approve citations on fonns provided by CONSUL TANT.
13. CITY shall handle inbound and outbound phone calls and con-espondence from defendants
who have questions about disputes, and other issues relating to citation adjudication. CITY may
refer citizens with questions regarding CONSULTANT or Speed Detection System technology
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and processes to websites and/or toll-free telephone numbers provided by CONSULT ANT for that
purpose.
14. If remote access to a CONSUL TANT Speed Detection System is blocked by CITY's
network security infrastructure, CITY's Technology Consultant shall coordinate with
CONSULT ANT to facilitate appropriate communications while maintaining required security
measures.
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EXHIBITB
CONSULT ANT'S PROPOSAL
35 of 40
Red Speed®
VIA E-MAIL
City of South Miami
Steven Kulick, CPM
July 17, 2023
Chief Procurement Officer/Procurement Division
6130 Sunset Drive
South Miami, FL 33143
Dear Steve:
Our company RedSpeed is the industry leader in automated school zone speed
enforcement. We are writing to provide an overview of our School Zone Speed Enforcement
Program, designed in compliance with Florida's HB657. As you may know, this bill, effective
from July 1, 2023, allows for automated enforcement of speed limits within school zones.
Our proposal encompasses an innovative, effective, and entirely violator-funded program
that prioritizes student safety without imposing any financial burden on the City.
The key aspects of our program include:
• Equipment & Maintenance: RedSpeed will handle the installation and
maintenance of cameras, poles, and associated equipment in designated school
zones at no cost to the city.
• Operating Hours: The automated cameras will function during school days,
beginning 30 minutes before school starts and ending 30 minutes after school.
• Violation Threshold: To ensure that only egregious violators are cited, citations
will be issued for speeds exceeding the limit by at least 10 mph.
• Review & Approval: A system of checks and balances will be maintained wherein
a law enforcement officer reviews and approves all citations.
• Penalties & Appeals: Violators will be issued a civil Notice of Violation (NOV)
with a penalty of $100. This is a civil penalty and carries no points or insurance
implications. An appeals process is established, providing the accused with the
opportunity for a civil appeal before the code enforcement board, administrative
hearing officer or Miami-Dade County Court.
• Monitoring & Review: Our web-based photo enforcement program provides a
video archive and License Plate Recognition (LPR) for effective review and
monitoring of potential violators.
• Public Education: Prior to implementation, RedSpeed will assist the City in
conducting a 30-day public education period about the new enforcement measures,
with only warnings issued before levying fines.
• Supporting Collaterals: RedSpeed will provide support in creating a professional
Public Service Announcement, printing, and mailing warning notices during the
warning period, and developing print collateral to notify parents about the program.
• Additional Police Tools. Only RedSpeed is compatible with Flock or Insight
ALPR. RedSpeed includes the respective ALPR licenses for each location.
Additionally, RedSpeed offers a video archive that be used pursuant to state law
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Red Speed®
for proving c ivi l or criminal liability for incidents captured incidentally to photo
enforcement.
In sum , we appreciate your consideration and would be pleased to help the city usher in a
new era of safety in South Miami.
REDSPEED FLORIDA, LLC
M ichael J. McAllister, Esq.
Florida Bar No. 32121
m jm @ redspeed-usa .com
(305) 799-8 377
Yours sincerely ,
37 of 40
REDSPEED FLORIDA, LLC
Greg Parks
Senior Vice President
greg.parks@redspeed-usa .com
(913) 575-29 12
2
Red Speed®
f i'ock safety
SOURCE LETTER
To Whom It May Concern,
Flock Safety and Redspeed have partnered together to support many diffe rent
agencies. Flock Safety is able to provide an additional layer of software to the
Redspeed cameras. This allows the Redpseed cameras to be turned into ALPRs
that push images into Flock Safety's cloud and allow agencies with access to
those cameras to search for vehicles.
In order for the two systems to work together, Redspeed will provide Flock with
RTSP streams for the given cameras . From there, Flock Safety will integrate the
camera stream into the Flock system thus allowing the software to be on the
camera, turning it i nto an ALPR. The camera is then plotted on the Flock Safety
map in the application to appropriately locate where the cameras are.
As of June 2023, Redspeed is the only company with whom Flock has
partnered with to offer Wing LPR integration on school zone enforcement
cameras.
Vehlcl• FlnQ•rprlnt TKhROIOCJY
LPR Unique Vehicle Ch rac ens tC
•
Sincerely,
Mike Venable
Regional Director of Sales
38 of 4 0
3
Red Speed®
~
CITY COUNCIL MEETING
STAFF REPORT
ALPHARETTA
G£.OIIC.l-'t,
Submitting Department Pub lic Safety
Submitted By: Will Merrill
Sponsored By :
Meeting Dale: July 15, 2019
I. AGENDA ITE M TITLE : SPEED DETECT ION CAMERA SYSTEM FOR SCHOOL ZONES {RFP 20·103)
11 . RECOMMENDATION:
Award RFP 20-103 to RedSpeed for the lmplementa lion and Installation of School Zo ne Speed Detec tion
Camera systems and aut horize the Mayor to execu te alt necessary documents.
Ill. BUDGET IMP LICATIONS :
BUDGETED ITEM: NO
INCLUDED IN CURRENT FY CPTL BUDGET: NO
TOTAL PROJECT COST: NO COS T TO TH E CITY . 100%
VIOLATOR FUNDED. SEE BELOW FOR REVENUE SHARING
DETAILS .
APPROPRIATIONS :
ACCOU
EXTERNAL FUNDING SOURCES :
ACCOUt,IJJ.ITI.~.U.MBER
IV . REPORT IN BRIEF :
FISCAL IMPACT: NO
INCLUDED IN CURRENT FY OPRT.
BUDGET: NO
DO LLAR MIQUNT
D..QL~U.fil.
Th e Departm en t of Public Safely receives complain ts on a daily basis rega rding speed ing in sch ool zones .
Providi ng enforcement capabilities at each of the nine (9) schools l n lhe City is extremely manpower an d
resource intensive.
Du ri ng the 2017-2018 legislative session, The Georgia General Assembly passed HB 978, which has been
signed into law , allowing the use of photo/video enforcement in school zones under State Statutes 4 0-6-163
and 40-14-18 . Th e law also set requireme nt s for local leg lslatlon, school bo ard endorsement, state
permitti ng, execution, and the im plementatio n of camera en for ceme nt.
W ith this legislative change in mind, the Department of Pu blic Safely proposed to address th e constant
sc hool zone speeding co mpl ain ts in nine (9) schoo l zones by us ing technology vs manpower with the
objectives to increase st udent safe ty, change dri ver behavior and reduce complaints. Same of lhe expected
benefits of using curr enHy avail able technology include : a constan t enforcement presence in school zones ,
traffic data collection, Automated License Plate Reading (ALPR) capabiliUes and lhe enforcement system is
complete ly vi ola tor funded . The vendor company will In cur all equ ipment installaHon, cal ibration, and
maintenance cos ts as well as all costs associated with cot leding and distribution or fines .
Th is year a study was conducted by a vendor wh ich showed that on one day th ere were over 3557 speeding
violations in six (6) school zones du ring a 9-1 0 hour period (violations were not measured in all locations or
directions of travel), These viol ations were at least 11 mph over the posted speed limit
With this data and lhe desire to improve schoo l zone safely, Public Safety staff, in conjunction wilh Finance
staff, prepared RFP 20-103 a nd adve rtJsed In June 2019. Proposal s were received on June 20. 2019 and
con sisted of three (3) responses which were submitted to the Evatu aUon Committee for review end ranking.
This Committee consisted of Public Safety personnel.
The Evalua tion Committee m e1 o n June 24 . 2019 to ta bulate the overall scores. Each proposal was
evaluated based on th e following criteria : T lm e Un e (37%); Features (30%) Experience/Referen ces (304/o ):
and Local Vendor prefe re nce (3%). The resulting scores were ss. follows (ra n king o'f "1" to NS" with "5 .. b eing
th e highest):
1. R edSpee d : 4 .37
2. Sen sys America : 3 .44
3. Verra Mobility : 3.24
R e fe ren ce c h ecks we re conducted on R ed S peed a nd substan Uated w h at lhe E valu ation Com mittee found
through their proposal review . As set forth i n the RFP, th is program is to be 100% violator fu nded . All
proposals were competitive rrom a re venue sharing standpoint with RadSpeed pro viding the City with 31 %
(with ALPR technology) ta 33% (no ALPR "rochnotogy} of each paid citation , T h ese funds will be u sed
exclusively for Public Safety activities . With these factors in rnlnd , staff recommends award of RFP 20~103 to
RedSpeed.
V . ALTERNATIVES:
VI. ATTACHM ENTS :
RedSpeed (Proposal), R edSpee d (Cos t Proposal), Evatuatlon Summary, RFP 20-103 Speed Dete ction
Camera System for School Zones
39 of 40
4
EXHIBITC
REVENUE SHARE SCHEDULE
CITY agrees to that CONSULTANT the Fee(s) as itemized below:
1. Description of Pricing
Fee includes all costs required and associated with Speed Detection System installation, ALPR
Module, maintenance and ongoing field and back-office operations. Includes camera equipment,
installation, maintenance, violation processing services, OMV records access, regular mailing of
required documents, lockbox and credit card processing services, call center support for general
program questions, public awareness program support, and access to web-based Speed Detection
System for Certified Officer review:
A 35% service fee from the portion of fines collected for and distributed to the City for the purpose
of administering the speed detection systems in school zones and other public safety initiatives.
The City shall reimburse the costs of Certified Mail of NOV's converted to Uniform Traffic
Citations, for actual costs not to exceed $4.00 per mailing. The City's costs shall be deducted from
its share of the funds received from the citations, per month.
40 of 40
Page 1 of 13
AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
REDSPEED FLORIDA, LLC
THIS AGREEMENT (this “Agreement”) is made effective as of the day of
, 2023 (the “Effective Date”), by and between the CITY OF
SOUTH MIAMI, a Florida municipal corporation, (hereinafter the “City”), and REDSPEED
FLORIDA LLC, a Florida limited liability company, (hereinafter, the “Consultant”).
WHEREAS,on July 1, 2023, House Bill 657 (the “Bill”), as codified under Chapter 2023-
174 of the Laws of Florida, went into effect, authorizing municipalities to use speed detection
systems to enforce school zone speeding violations in excess of 10 miles over the posted speed
limit (among other things) (the “Services,” as further defined herein); and
WHEREAS,under the Bill, in order to implement the Services, the City is required to
adopt an ordinance authorizing the use of speed detection systems and creating a traffic hearing
framework relating to notice of violations issued pursuant to the use of the Services (among other
things); and
WHEREAS,the Bill also requires the City Commission to first determine whether a
school zone constitutes a heightened safety risk that warrants additional traffic enforcement
measures based on traffic data collected in accordance with Florida Department of Transportation
(“FDOT”) specifications that are as of yet undefined (the “Traffic Report Services,” as further
defined herein) prior to utilization of the Services in any particular school zone; and
WHEREAS, pursuant to and subject to the requirements of the Bill, the City desires
Traffic Report Services in order to utilize the Services within eligible school zones; and
WHEREAS,the Traffic Report Services and the Services and shall be performed in
accordance with the Scope of Work attached hereto as Exhibit “A1” and “A2,” respectively; and
WHEREAS,the Consultant submitted a Proposal, attached hereto as Exhibit “B,” relating
to the provision of the Traffic Report Services and the Services; and
WHEREAS,the Consultant shall be compensated through a revenue sharing fee collected
from traffic citation penalties issued in the provision of the Services in accordance with the
Revenue Share Schedule attached Exhibit “C”; and
WHEREAS,on [DATE], the City Commission adopted Resolution No. XXXXX,
authorizing the City Manager to negotiate and execute this Agreement with the Consultant for the
provision of the Traffic Report Services and the Services for a term not to exceed three (3) years
and two (2) one-year extensions in accordance with the Consultant’s Proposal attached hereto as
Exhibit “B” and contingent upon compliance with all the requirements of the Bill by the City and
the Consultant; and
6
Page 2 of 13
WHEREAS,the Consultant acknowledges and agrees that the Services shall not be
rendered until the City adopts enabling legislation, including an ordinance, authorizing the
provision of the Services; and
WHEREAS,the City’s enabling legislation shall also include a determination based on
the results of the Consultant’s Traffic Report Services as to which school zones in the City
constitute a heightened safety risk warranting additional traffic enforcement measures; and
WHEREAS,the Services, including installation and operation of any required equipment
or fixtures required for the Services, provided by the Consultant shall be at no cost to the City; and
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Consultant and the City agree as follows:
1. Scope of Services.
1.1.Consultant shall provide the following services to the City:
1.1.1. The Consultant shall provide the Traffic Report Services as set forth in the Scope
of Work attached hereto as Exhibit “A1” and the Proposal attached hereto as Exhibit
“B.”
1.1.2. The Consultant shall provide the Services as set forth in the Consultant’s Scope of
Work (Speed Detection Services) attached hereto as Exhibit “A2” and the Proposal
attached hereto as Exhibit “B.” Provided, however, that the provision of the Services
by the Consultant is contingent upon adoption of enabling legislation by the City and
that the Services shall only be provided in those school zones determined by the City
Commission to constitute a heightened safety risk that warrants additional traffic
enforcement measures based on the results of the Traffic Report Services provided by
the Consultant.
1.1.3. Consultant shall furnish all reports, documents, and information obtained pursuant
to this Agreement, and recommendations during the term of this Agreement
(hereinafter “Deliverables”) to the City.
1.2.Consultant’s services shall be subject to the following:
1.2.1. The City shall assist the Consultant in the provision of the Traffic Report Services
and the Servicesas set forth under the City’s Scope of Work attached hereto as Exhibit
“A3.”
1.2.2. Section 316.008(9)(c), Florida Statutes, mandates the City to consider traffic data
or other evidence supporting the installation and operation of any proposed school
zone speed detection system. The City Commission, at its sole discretion, shall
determine whether a particular school zone where a speed detection system is to be
installed constitutes a heightened safety risk that warrants additional enforcement
measures.
7
Page 3 of 13
1.2.3. Section 316.0776(3), Florida Statutes, mandates that the installation of speed
detection systems comply with specifications established by FDOT, which
specifications, upon their creation and as may be amended or superseded from time
to time, are incorporated herein by this reference.
1.2.4. As of the date of execution of this Agreement, the City has not yet commenced a
study of traffic data, nor gathered other evidence in support of the installation and
operation of a speed detection system. Furthermore, FDOT has yet to establish
specifications for the installation of such systems.
1.2.5. Should traffic data or other evidence fail to support the installation of a speed
detection system, or fail to meet FDOT specifications for installation of a speed
detection system, the City, at its sole discretion, may terminate this Agreement,
without penalty. Each party to the Agreement shall bear their own costs (if any)
should the Agreement be terminated pursuant to this section.
1.2.6. In the event that state legislation or a decision by a court of competent jurisdiction
prohibits or renders illegal the provision of the Traffic Report Services and/or the
Services, the Consultant shall, at its sole expense, be responsible for removing all
equipment or fixtures installed by the Consultant.
2. Term/Commencement Date.
2.1.The term of this Agreement shall be from the Effective Date through three (3) years
thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the
City Commission may renew this Agreement for up to two (2) additional one (1) year
periods on the same terms as set forth herein upon written notice to the Consultant and
after a public hearing on the renewal, as required by Section 316.0776(c), Florida Statutes.
2.2.Consultant agrees that time is of the essence and Consultant shall complete the Services
and the Traffic Report Services within the term of this Agreement, unless extended by the
City Manager.
3. Compensation and Payment.
3.1.Consultant shall be compensated for the provision of the Services in accordance with the
Revenue Share Schedule attached hereto as Exhibit “B.” Consultant shall not be
compensated for the provision of the Traffic Report Services under any circumstances.
3.2.Consultant shall deliver an invoice to City no more often than once per month detailing
Services completed and the amount due to Consultant under this Agreement. Fees shall be
paid in arrears each month, pursuant to Consultant’s invoice, which shall be based upon the
percentage of work completed for each task invoiced. The City shall pay the Consultant in
accordance with the Florida Prompt Payment Act after approval and acceptance of the
Services by the City Manager.
8
Page 4 of 13
4. Subconsultants.
4.1.The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services and Traffic Report Services.
4.2.Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the City Manager, which approval may be granted or withheld in the City
Manager’s sole and absolute discretion.
5. City’s Responsibilities.
5.1.City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and Traffic Report Services and
in possession of the City, and provide criteria requested by Consultant to assist Consultant
in performing the Services and Traffic Report Services.
5.2.Upon Consultant’s request, City shall reasonably cooperate in arranging access to public
information that may be required for Consultant to perform the Services and Traffic
Report Services.
6. Consultant’s Responsibilities; Representations and Warranties.
6.1.The Consultant shall exercise the same degree of care, skill, and diligence in the
performance of the Services and Traffic Report Services as is ordinarily provided by a
consultant under similar circumstances. If at any time during the term of this Agreement
or within two (2) years from the completion of this Agreement, it is determined that the
Consultant’s Deliverables, Services, and/or Traffic Report Services are incorrect, not
properly rendered, defective, or fail to conform to City requests, the Consultant shall at
Consultant’s sole expense, immediately correct its Deliverables, Services, and/or Traffic
Report Services.
6.2.The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perform the
Services and Traffic Report Services for City as an independent contractor of the City.
Consultant further warrants and represents that it has the required knowledge, expertise,
and experience to perform the Services and Traffic Report Services and carry out its
obligations under this Agreement in a professional and first class manner.
6.3.The Consultant represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
9
Page 5 of 13
7.1.To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the City.
8. Termination.
8.1.The City Manager, without cause, may terminate this Agreement upon five (5) calendar
days written notice to the Consultant, or immediately with cause. In the event that the City
terminates for convenience within one year after installation of any camera for the
Services, the City shall reimburse the Consultant for the cost of removal in the amount of
the total revenue collected by the City for that system up to $10,000.
8.2.Upon receipt of the City's written notice of termination, Consultant shall immediately stop
work on the project unless directed otherwise by the City Manager.
8.3.The Consultant shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and Traffic Report Services and the project to the City,
in a hard copy and electronic format within fourteen (14) days from the date of the written
notice of termination or the date of expiration of this Agreement.
8.4.Upon termination of this Agreement, the parties recognize that the City will have to
process traffic lawviolations that occur prior to the notice of termination of the Agreement
and that the Consultant must assist the City in this regard. Accordingly, the parties shall
take the following actions, and shall have the following obligations, which survive
termination during the wind-down period: the City shall cease using the Services, shall
return or allow the Consultant, at its sole expense, to recover all provided equipment
and/or fixtures, within a reasonable time not to exceed ninety (90) days, and shall cease
provision of the Services. Unless directed by the City to do so, the Consultant shall not
continue to provide all or part of the Services before termination. The Consultant shall
provide the City with all revenues owed to the City accruing prior to the date of
termination.
9. Insurance.
9.1.Consultant shall secure and maintain throughout the duration of this agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to
City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better
by A.M. Best and qualified to do business in the State of Florida. The insurance coverage
shall be primary insurance with respect to the City, its officials, employees, agents, and
volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Consultant’s insurance and shall not contribute to the Consultant’s
insurance. The insurance coverages shall include at a minimum the amounts set forth in
this section and may be increased by the City as it deems necessary or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
10
Page 6 of 13
Product Liability coverages and eliminate the exclusion with respect to property under
the care, custody and control of Consultant. The General Aggregate Liability limit
and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the Consultant shall be allowed
to provide Services and Traffic Report Services pursuant to this Agreement who is
not covered by Worker’s Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City,
reflecting the City as an Additional Insured (except with respect to Professional Liability
Insurance and Worker’s Compensation Insurance), no later than ten (10) days after award
of this Agreement and prior to the execution of this Agreement by City and prior to
commencing Services and/or Traffic Report Services. Each certificate shall include no
less than (30) thirty-day advance written notice to City prior to cancellation, termination,
or material alteration of said policies or insurance. The Consultant shall be responsible
for assuring that the insurance certificates required by this Section remain in full force and
effect for the duration of this Agreement, including any extensions or renewals that may
be granted by the City. The Certificates of Insurance shall not only name the types of
policy(ies) provided, but also shall refer specifically to this Agreement and shall state that
such insurance is as required by this Agreement. The City reserves the right to inspect
and return a certified copy of such policies, upon written request by the City. If a policy
is due to expire prior to the completion of the Services and Traffic Report Services,
renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the
date of their policy expiration. Each policy certificate shall be endorsed with a provision
that not less than thirty (30) calendar days’ written notice shall be provided to the City
before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s)
is subject to approval of the City.
9.3. Additional Insured. Except with respect to Professional Liability Insuranceand Worker’s
Compensation Insurance, the City is to be specifically included as an Additional Insured
for the liability of the City resulting from Services and Traffic Report Services performed
by or on behalf of the Consultant in performance of this Agreement. The Consultant’s
insurance, including that applicable to the City as an Additional Insured, shall apply on a
primary basis and any other insurance maintained by the City shall be in excess of and
11
Page 7 of 13
shall not contribute to the Consultant’s insurance. The Consultant’s insurance shall
contain a severability of interest provision providing that, except with respect to the total
limits of liability, the insurance shall apply to each Insured or Additional Insured (for
applicable policies) in the same manner as if separate policies had been issued to each.
9.4. Deductibles.All deductibles or self-insured retentions must be declared to and be
reasonably approved by the City. The Consultant shall be responsible for the payment of
any deductible or self-insured retentions in the event of any claim.
9.5.The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination.During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color, religion,
sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1.In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys’ fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and all appellate levels.
11.2.IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1.Consultant shall indemnify and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Consultant’s performance or non-
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Consultant and third parties made pursuant to this
Agreement. Consultant shall reimburse the City for all its expenses including reasonable
attorneys’ fees and costs incurred in and about the defense of any such claim or
investigation and for any judgment or damages arising from Consultant’s performance or
non-performance of this Agreement.
12.2.Consultant shall defend the City in the defense of legal challenges to the Services
and/or Traffic Report Services. Litigation counsel for the defense of any such challenges
shall be chosen by the City. Consultant shall pay reasonable and customary fees and costs
for the litigation. In the event a conflict between the City and Consultant arises and the
Parties cannot waive such conflict, Consultant shall hire their own counsel, allowing the
original counsel to continue to defend the City, and continue to pay for the reasonable and
customary fees and costs for the City’s litigation defense.
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12.3.Nothing herein is intended to serve as a waiver of sovereign immunity by the City,
nor shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. The City is subject to
section 768.28, Florida Statutes, as may be amended from time to time.
12.4.The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives.Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties (or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1.This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2.No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1.Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services and
Traffic Report Services to the Citywhich are conceived, developed or made by Consultant
during the term of this Agreement (“Work Product”) belong to the City. Consultant shall
promptly disclose such Work Product to the City and perform all actions reasonably
requested by the City (whether during or after the term of this Agreement) to establish and
confirm such ownership (including, without limitation, assignments, powers of attorney
and other instruments).
16.2.Consultant agrees to keep and maintain public records in Consultant’s possession
or control in connection with Consultant’s performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records of the Consultant involving transactions related to this
Agreement. Consultant additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
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disclosed, except as authorized by law, for the duration of the Agreement, and following
completion of the Agreement until the records are transferred to the City.
16.3.Upon request from the City’s custodian of public records, Consultant shall provide
the Citywith a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,
Florida Statutes, or as otherwise provided by law.
16.4.Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the City.
16.5.Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Consultant shall be delivered to
the City in a format that is compatible with the City’s information technology systems.
Once the public records have been delivered upon completion or termination of this
Agreement, the Consultant shall destroy any and all duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
16.6.Any compensation due to Consultant shall be withheld until all records are received
as provided herein.
16.7.Consultant’s failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
16.8.Notice Pursuant to Section 119.0701(2)(a), Florida Statutes.IF THE
CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address:6130 Sunset Drive
South Miami, FL 33143
Telephone number:305-663-6340
Email:NPayne@southmiamifl.gov
17. Nonassignability.This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the City Manager. The City is relying upon the apparent
qualifications and expertise of the Consultant, and such firm’s familiarity with the City’s area,
circumstances and desires.
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18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision ofthis Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
19. Independent Contractor.The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the City with respect to
all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws.The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services and Traffic
Report Services under this Agreement, and in particular shall obtain all required permits from
all jurisdictional agencies to perform the Services and Traffic Report Services under this
Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions.Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees.The Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit.Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts.This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts.In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. E-Verify Affidavit.In accordance with Section 448.095, Florida Statutes, the City requires
all contractors doing business with the City to register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. The City will not enter into
a contract unless each party to the contract registers with and uses the E-Verify system. The
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contracting entity must provide its proof of enrollment in E-Verify. For instructions on how to
provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-
verify. By entering into this Agreement, the Contractor acknowledges that it has read Section
448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section
448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from
subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
28. Most Favored Nation.If during the term of this Agreement, the Consultant enters into an
agreement with another municipality, county, or other local government (“Other Governmental
Entity”), the terms of which agreement include more favorable direct or indirect compensation
to the Other Governmental Entity, then upon written request of the City, the Contractor shall
negotiate and enter into an amendment, addendum, or other form of written agreement with
the City which shall include and incorporate the more favorable compensation terms extended
to the Other Governmental Entity. Contractor shall notify the City within thirty (30) days if it
enters into an agreement with any other Governmental Entity that has more favorable terms
than this Agreement and the City shall have the right to receive the more favorable terms
immediately.
[Remainder of page intentionally left blank.
Signature page and E-Verify Affidavit follows.]
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E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the Cityto register with and use the E-Verify system to verify the work authorization
status of all newly hired employees. The City will not enter into a contract unless each party to the
contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
☐Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐
online notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification:)
Did take an oath; or
Did not take an oath
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
CITY OF SOUTH MIAMI
By:
Genaro “Chip” Iglesias
City Manager
Attest:
By:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
Genaro “Chip” Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
CONSULTANT
By:
Name:
Title:
Entity:
Addresses for Notice:
(telephone)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
18
EXHIBIT A
DEFINITIONS
As used in the Scope of Work in Exhibits A1, A2 and A3, the following words and terms shall,
unless the context otherwise requires, have the respective meanings provided below:
“Motor Vehicle” means any self-propelled vehicle not operated upon rails or guide-way,
but not including any bicycle or electric personal assisted mobility device.
“Notice of Violation” means a citation or equivalent instrument issued by a competent
state or municipal law enforcement agent or agency or by a court of competent
jurisdiction relating to a violation documented or evidenced by a Speed Detection System
or CONSULTANT as an agent of such law enforcement agent, agency or court.
“Motor Vehicle Owner” means the person or entity identified by the Florida Department
of Motor Vehicles, or other state vehicle registration office, as the registered owner
of a vehicle. Such term shall also mean a lessee of a motor vehicle pursuant to a
motor vehicle lease or rental agreement.
“Recorded Images” means photographic, electronic, digital or video images of a Motor
Vehicle recorded by a Speed Detection System and establishing a time sequence of the
Motor Vehicle entering the intersection or speed zone and its speed.
“RedCheck” means web-based violation processing system used by Traffic Enforcement
Officer.
“Speed Photo Enforcement System” (herein “Speed Detection System”) means an electronic
system that captures recorded images of Motor Vehicles speeding in designated school
zone and consisting of, at a minimum one radar, IR panel, and up to seven (7) individual
video cameras capable of monitoring up to seven (7) lanes of enforcement.
“Traffic Enforcement Officer” means an employee of CITY’s police
department or other City employee who meets the qualifications of
Chapter 316 of the Official Code of Florida Annotated for approving and/or issuing
Notices of Violation.
“Unamortized Costs” means the historical cost of a fixed asset less the total depreciation
shown against that asset up to a specified date. Unamortized costs for this
Agreement may include, but are not limited to, design/engineering plans, camera
foundation construction and installation, restoration of camera location to its
original condition and cost of equipment.
“Violation” means a violation under Chapter 316, Florida Statutes or a violation of
CITY’s Code of Ordinances, as may be amended from time to
time.
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EXHIBIT A1
CONSULTANT’S SCOPE OF WORK
(TRAFFIC REPORT SERVICES)
20
EXHIBIT A2
CONSULTANT SCOPE OF WORK
(SPEED DETECTION SYSTEMS SERVICES)
1.CONSULTANTagrees to provide a turnkey solution for Speed Detection Systems to CITY
wherein all reasonably necessary elements required to implement and operate the solution are the
responsibility of CONSULTANT, except for those items identified in Exhibit A3.
CONSULTANT and CITY understand and agree that new or previously unforeseen requirements
may, from time to time, be identified and that the parties shall negotiate in good faith to assign to
the proper party the responsibility and cost for such items. In general, if work is to be performed
byCITY, unless otherwise specified, CITYshall not chargeCONSULTANT for the cost. All other
in-scope work, external to CITY, is the responsibility of CONSULTANT.
2.CONSULTANT agrees to make every effort to adhere to the Project Time Line agreed
upon between the parties and based on the Best and Final Offer.
3.CONSULTANT will install Speed Detection Systems at several intersections, school zone
areas or grade crossing approaches to be agreed upon between CONSULTANT and CITY after
completion of site analyses. In addition to any initial locations, the parties may agree from time to
time to add to the quantities and locations where Speed Detection Systems are installed and
maintained.
4.CONSULTANT will operate each Speed Detection System on a 24-hour basis, barring
downtime for maintenance and normal servicing activities.
5.CONSULTANT agrees to provide a secure website (www.SpeedViolations.com)
accessible to recipients who have received Notices of Violation by means of a Notice #, which will
allow violation image and video viewing.
6.CONSULTANT shall provide technician site visits to each Speed Detection System once
per month to perform preventive maintenance checks consisting of: camera enclosure lens
cleaning, camera, strobe, and controller enclosure cleaning, inspection of exposed wires, and
general system inspection and maintenance.
7.CONSULTANT shall use best efforts to endeavor to repair a non-functional Speed
Detection System within forty-eight (48) business hours of determination of a malfunction.
8.CONSULTANT shall use best efforts to endeavor to repair the Speed Detection System
within one (1) business day from the time of the outage. Outages of CITY internet connections or
infrastructure are excluded from this service level.
9.CONSULTANT will establish a demand deposit account bearing the title, “Redspeed
Florida LLC as agent for City of South Miami” at CIBC Bank. All funds collected on behalf of
CITY, excluding CONSULTANT’s monthly fees and any fees associated with electronic
processing of violations, will be deposited in this account and transferred by wire on or about the
15th calendar day of the month to CITY’s primary deposit bank. CITY will identify the account to
receive funds wired from First Midwest Bank. CITY shall sign a W-9 and blocked account
agreement, to be completed by CITY, to ensure CITY’s financial interest in said bank account is
preserved.
21
10.CONSULTANT will design, fabricate, install, obtain permits, and maintain one speed
warning sign for each monitored approach.
11.CONSULTANT or subcontractors will be responsible for any costs associated with
building, construction, electrical, street use, and/or pole attachment permits.
12.CONSULTANT shall assign a project manager who will be the liaison between CITY and
CONSULTANT and will be responsible for project activities such as development of a project
plan and tracking of deliverables. CITY shall reserve the right to request a new project manager.
13.CONSULTANT shall provide CITY with RedCheck, an automated web-based citation
processing system that includes image processing, color printing and mailing of a Notice of
Violation per chargeable event. Each Notice of Violation shall be delivered by first class mail to
the Motor Vehicle Owner within the statutory period. Mailings to Motor Vehicle Owners
responding to Notices of Violation identifying drivers in affidavits of non-liability or by rental car
companies are also included.
14.CONSULTANT shall provide the Certified Law Enforcement Officer with access to
RedCheck, for the purposes of reviewing Violations Data within five (5) days of the gathering of
the Registered Vehicle Owner Information.
15.The decision to issue Notice of Violation shall be the sole, unilateral and exclusive decision
of the Certified Law Enforcement Officer consistent with State Law.
16.RedCheck shall apply an electronic signature to a Notice of Violation when authorized to
do so by an approving Certified Law Enforcement Officer.
17.CONSULTANT shall obtain in-state vehicle registration information necessary to issue
citations if it is named as CITY’s agent.
18.CONSULTANT shall seek records from out-of-state vehicle registration databases and
apply records found by RedCheck to issue citations for CITY.
19.If CITY is unable to or does not desire to integrate CONSULTANT data into its
adjudication system, CONSULTANT shall provide an on-line adjudication processing module,
which will enable the adjudication function to review cases, related images, correspondence, and
other related information required to adjudicate the disputed Notice of Violation.
20.CONSULTANT shall provide to CITY access to RedCheck system, which provides CITY
with ability to run and print all standard system reports.
21.If required by CITY, CONSULTANT shall, at CONSULTANT’s expense, provide and
train CITY with a local expert witness able to testify in administrative proceedings and in court on
matters relating to the accuracy, technical operations, and effectiveness of the Speed Detection
System until judicial notice is taken.
22.In those instances where damage to an Speed Detection System is caused by negligence on
the part of CITY or its authorized agent(s), CONSULTANT will provide CITY an estimate of the
cost of repair. Upon authorization to proceed with the repairs or replacement, CONSULTANT
shall replace or repair any damaged equipment and invoice for the pre-approved repair cost.
CONSULTANT shall bear the cost to replace or repair equipment damaged in all other
circumstances.
22
23.CONSULTANT shall provide a toll-free, CITY-specific help line to help CITY resolve
any problems encountered regarding its Speed Detection System and/or citation processing. The
help line shall function during normal business hours. Call Center hours for violators is Monday-
Friday 9:00 AM to 5 PM EST.
24.CONSULTANT shall provide Motor Vehicle Owners with the ability to view Recorded
Images of Violations involving their motor vehicles online. This online viewing system shall
include a link to the CONSULTANT payment website(s).
25.CONSULTANT is authorized to charge, collect and retain fees associated with the
electronic processing. Such fees shall not exceed $25.00 per violation. Such fee is paid by the
violator. CITY will not receive any of said fees. CITY assumes no liability, responsibility, or
control for said fee sought by CONSULTANT.
26.CONSULTANT shall provide CITY with a warning period consistent with State law.
23
EXHIBIT A3
CITY’S SCOPE OF WORK
1.Within seven (7) business days of execution of the Agreement, CITY shall provide
CONSULTANT with the name and contact information for a project manager with authority to
coordinate CITY responsibilities under the Agreement.
2.Within seven (7) business days of the Agreement, CITY shall provide CONSULTANT
with the name and contact information for an Appeals Coordinator or staff responsible for
oversight of all related program requirements.
3.Within seven (7) business days of execution of the Agreement, CITY shall provide
CONSULTANT with the name(s), contact information, and electronic signature(s) of all Certified
Peace Officers authorized by CITY’s Police Department to approve and issue Notices of Violation.
4.CITYshall establish a method by which a Motor Vehicle Owner who has received a Notice
of Violation may review the images and video evidencing the Violation at
www.SpeedViolation.com free of charge. This may be at a publicly available terminal at CITY’s
facility or by appointment with the Police Department.
5.CONSULTANT will relocate an Speed Detection System at no cost to a new enforcement
location once it has been mutually agreed upon between CONSULTANT and CITY.
6.CITY shall endeavor to approve or reject CONSULTANT submitted plans within seven
(7) business days of receipt. CONSULTANT and CITY will endeavor to approve the plans in a
timely manner.
7.CITY will endeavor to issue all needed permits to CONSULTANT and its subcontractors
in an expedited fashion for plan approval.
8.If use of private property right of way is needed, CITY shall assist CONSULTANT in
acquiring permission to build in existing utility easements as necessary. Any additional cost for
private property right of way lease/rental costs shall be borne by CONSULTANT.
CONSULTANT reserves the right to not install on private property if the costs are unreasonable.
9.CITY may allow CONSULTANT to build needed infrastructure in existing CITY owned
easement as necessary and only after required permits have been approved.
10.CITY’s Certified Law Enforcement Officer(s) shall process each potential violation in
accordance with State Law and/or CITY’s Ordinances within five (5) days (excluding Saturday,
Sunday and CITY observed holidays) of its appearance in the Law Enforcement Review Queue,
using RedCheck to determine which Violations will be issued as Notices of Violation.
11.Police Department workstation computer monitors for citation review and approval should
provide a minimum resolution of 1280 x 1024.
12.Police Department shall provide signatures of all authorized police users who will review
events and approve citations on forms provided by CONSULTANT.
13.CITY shall handle inbound and outbound phone calls and correspondence from defendants
who have questions about disputes, and other issues relating to citation adjudication. CITY may
refer citizens with questions regarding CONSULTANT or Speed Detection System technology
24
and processes to websites and/or toll-freetelephone numbers provided by CONSULTANT for that
purpose.
14.If remote access to a CONSULTANT Speed Detection System is blocked by CITY’s
network security infrastructure, CITY’s Technology Consultant shall coordinate with
CONSULTANT to facilitate appropriate communications while maintaining required security
measures.
25
EXHIBIT B
CONSULTANT’S PROPOSAL
26
EXHIBIT C
REVENUE SHARE SCHEDULE
CITY agrees to that CONSULTANT the Fee(s) as itemized below:
1. Description of Pricing
Fee includes all costs required and associated with Speed Detection System installation, ALPR
Module, maintenance and ongoing field and back-office operations. Includes camera equipment,
installation, maintenance, violation processing services, DMV records access, regular mailing of
required documents, lockbox and credit card processing services, call center support for general
program questions, public awareness program support, and access to web-based Speed Detection
System for Certified Officer review:
A 35% service fee for each paid violation.
The City shall reimburse the costs of Certified Mail of NOV’s converted to Uniform Traffic
Citations, for actual costs not to exceed $4.00 per mailing. The City’s costs shall be deducted from
its share of the funds received from the citations, per month.
27
RedSpeed® Florida
Traffic Studies
Conducted by RedSpeed USA
for the City of South Miami
Date: November 14th, 2023
28
RedSpeed® Florida
RedSpeed traffic studies demonstrated more
than 100 drivers exceeding the posted speed
by more than 10+ mph at four (4)
City of South Miami schools.
Schools Studied Street Violators 10+
over
Ludlam Elementary School SW 67th Ave 111
Ludlam Elementary School SW 74th St 1,175
Somerset Academy Charter SW 58th Pl 53
South Miami K-8 Center SW 60th St 5
South Miami Middle Community School SW 67th Ave 127
The Mandelstam School
Epiphany Catholic School SW 57th Ave 587
29
Florida Schools Speed Study
Ludlam Elementary School, South Miami
RedSpeed® Florida
6639 SW 74th St, South Miami, FL
SCHOOL ZONE SPEED LIMIT (During Enforced Hrs):15 MPH
SPEED LIMIT (During Normal Hrs):35 MPH
VIOLATION TRIGGER SPEED:25 MPH and 45 MPH (Respectively)
SCHOOL ZONE HOURS OF OPERATION:7:30AM - 8:45AM / 1:45PM - 3:30PM
STUDY DATE & TIME:11-14-2023, 6:00 AM – 6:00 PM
TRAFFIC STUDY VEHICLE COUNT:2,690
WEATHER CONDITIONS:FAIR, NO RAIN
# OF LANES:TWO LANES (Northbound), ONE LANE (Southbound)
STUDY LOCATION: SW 67th Ave (Northbound, Southbound)
VIOLATIONS DETECTED: 111
30
Florida Schools Speed Study
Ludlam Elementary School, South Miami
RedSpeed® Florida
7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 Total
26+ MPH 18 15 0 0 0 0 7 46 22 108
46+ MPH 0 0 0 1 0 1 1 0 0 3
Total 18 15 0 1 0 1 8 46 22 111
31
Florida Schools Speed Study
Ludlam Elementary School, South Miami
RedSpeed® Florida
6639 SW 74th St, South Miami, FL
SCHOOL ZONE SPEED LIMIT (During Enforced Hrs):15 MPH
SPEED LIMIT (During Normal Hrs):35(EB) 40(WB) MPH
VIOLATION TRIGGER SPEED:25 MPH and 45(EB) 50(WB) MPH (Respectively)
SCHOOL ZONE HOURS OF OPERATION:7:30AM - 8:45AM / 1:45PM - 3:30PM
STUDY DATE & TIME:11-14-2023, 6:00 AM – 6:00 PM
TRAFFIC STUDY VEHICLE COUNT:11,001
WEATHER CONDITIONS:FAIR, NO RAIN
# OF LANES:TWO LANES IN EACH DIRECTION (Both Lanes)
STUDY LOCATION: SW 72nd St (Eastbound, Westbound)
VIOLATIONS DETECTED: 1,175
32
Florida Schools Speed Study
Ludlam Elementary School, South Miami
RedSpeed® Florida
7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 Total
26+ MPH 134 171 0 0 0 0 88 366 247 1,006
46+ MPH 0 0 8 36 30 43 23 0 0 140
51+MPH 0 1 7 5 5 4 7 0 0 29
Total 134 172 15 41 35 47 118 366 247 1,175
33
Florida Schools Speed Study
Somerset Academy Charter, South Miami
RedSpeed® Florida
5876 SW 68th St, South Miami, FL
SCHOOL ZONE SPEED LIMIT (During Enforced Hrs):15 MPH
SPEED LIMIT (During Normal Hrs):30MPH
VIOLATION TRIGGER SPEED:25 MPH and 40 MPH (Respectively)
SCHOOL ZONE HOURS OF OPERATION:7:00AM - 9:00AM / 1:30PM - 4:00PM
STUDY DATE & TIME:11-15-2023, 6:00 AM – 6:00 PM
TRAFFIC STUDY VEHICLE COUNT:780
WEATHER CONDITIONS:FAIR, NO RAIN
# OF LANES:ONE LANE IN EACH DIRECTION (Both Lanes)
STUDY LOCATION: SW 58th Pl (Northbound, Southbound)
VIOLATIONS DETECTED: 53
34
Florida Schools Speed Study
Somerset Academy Charter, South Miami
RedSpeed® Florida
7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 Total
26+ MPH 11 10 0 0 0 0 2 9 11 43
41+ MPH 0 0 1 3 2 3 1 0 0 10
Total 11 10 1 3 2 3 3 9 11 53
35
Florida Schools Speed Study
South Miami K-8 Center, South Miami
RedSpeed® Florida
6800 SW 60th St, South Miami, FL
SCHOOL ZONE SPEED LIMIT (During Enforced Hrs):15 MPH
SPEED LIMIT (During Normal Hrs):30 MPH
VIOLATION TRIGGER SPEED:25 MPH and 40 MPH (Respectively)
SCHOOL ZONE HOURS OF OPERATION:7:15AM - 8:45AM / 1:45PM - 3:30PM
STUDY DATE & TIME:11-13-2023, 6:00 AM – 6:00 PM
TRAFFIC STUDY VEHICLE COUNT:566
WEATHER CONDITIONS:FAIR, NO RAIN
# OF LANES:ONE LANE IN EACH DIRECTION (Both Lanes)
STUDY LOCATION: SW 60th St (Eastbound, Westbound)
VIOLATIONS DETECTED: 5
36
Florida Schools Speed Study
South Miami K-8 Center, South Miami
RedSpeed® Florida
7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 Total
26+ MPH 3 0 0 0 0 0 0 1 1 5
41+ MPH 0 0 0 0 0 0 0 0 0 0
Total 3 0 0 0 0 0 0 1 1 5
37
Florida Schools Speed Study
South Miami Middle Community School, South Miami
RedSpeed® Florida
6750 SW 60th St, South Miami, FL
SCHOOL ZONE SPEED LIMIT (During Enforced Hrs):15 MPH
SPEED LIMIT (During Normal Hrs):35 MPH
VIOLATION TRIGGER SPEED:25 MPH and 45 MPH (Respectively)
SCHOOL ZONE HOURS OF OPERATION:7:15AM - 8:45AM / 1:45PM - 3:30PM
STUDY DATE & TIME:11-14-2023, 6:00 AM – 6:00 PM
TRAFFIC STUDY VEHICLE COUNT:4,034
WEATHER CONDITIONS:FAIR, NO RAIN
# OF LANES:ONE LANE IN EACH DIRECTION (Both Lanes)
STUDY LOCATION: SW 67th Ave (Northbound, Southbound)
VIOLATIONS DETECTED: 127
38
Florida Schools Speed Study
South Miami Middle Community School, South Miami
RedSpeed® Florida
7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 Total
26+ MPH 18 9 0 0 0 0 20 30 0 77
46+ MPH 0 0 13 14 8 7 8 0 0 50
Total 18 9 13 14 8 7 28 30 0 127
39
Florida Schools Speed Study
The Mandelstam School-Epiphany Catholic, South Miami
RedSpeed® Florida
8530 SW 57th Ave/5557 SW 84th St, South Miami, FL
SCHOOL ZONE SPEED LIMIT (During Enforced Hrs):15 MPH
SPEED LIMIT (During Normal Hrs):30 MPH
VIOLATION TRIGGER SPEED:25 MPH and 40 MPH (Respectively)
SCHOOL ZONE HOURS OF OPERATION:7:15AM - 8:15AM / 1:45PM - 3:30PM
STUDY DATE & TIME:11-14-2023, 6:00 AM – 6:00 PM
TRAFFIC STUDY VEHICLE COUNT:6,466
WEATHER CONDITIONS:FAIR, NO RAIN
# OF LANES:ONE LANE IN EACH DIRECTION (Both Lanes)
STUDY LOCATION: SW 57th Ave (Northbound, Southbound)
VIOLATIONS DETECTED: 587
40
Florida Schools Speed Study
The Mandelstam School-Epiphany Catholic, South Miami
RedSpeed® Florida
7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 Total
26+ MPH 177 61 0 0 0 0 30 86 79 433
41+ MPH 0 16 30 30 22 34 22 0 0 154
Total 177 77 30 30 22 34 52 86 79 587
41
7/11/23, 10:32 AM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=REDSPE…1/2
Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Limited Liability Company
REDSPEED FLORIDA LLC
Filing Information
L15000213266
80-0218940
12/28/2015
FL
ACTIVE
REINSTATEMENT
10/18/2016
Principal Address
450 EISENHOWER LANE NORTH
LOMBARD, IL 60148
Changed: 06/29/2022
Mailing Address
450 EISENHOWER LANE NORTH
LOMBARD, IL 60148
Changed: 06/29/2022
Registered Agent Name & Address
CT CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
Name Changed: 10/18/2016
Address Changed: 02/09/2016
Authorized Person(s) Detail
Name & Address
Title MGR
LIBERMAN, ROBERT
450 EISENHOWER LANE NORTH
LOMBARD, IL 60148
D C Florida Department of State
42
7/11/23, 10:32 AM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=REDSPE…2/2
Title Sales
DuFloth, Jeffrey
450 EISENHOWER LANE NORTH
LOMBARD, IL 60148
Title Accounting Mgr
Johns, Gregory, Jr.
450 EISENHOWER LANE NORTH
LOMBARD, IL 60148
Annual Reports
Report Year Filed Date
2021 01/22/2021
2022 01/21/2022
2023 01/30/2023
Document Images
01/30/2023 -- ANNUAL REPORT View image in PDF format
01/21/2022 -- ANNUAL REPORT View image in PDF format
01/22/2021 -- ANNUAL REPORT View image in PDF format
01/13/2020 -- ANNUAL REPORT View image in PDF format
01/04/2019 -- ANNUAL REPORT View image in PDF format
01/10/2018 -- ANNUAL REPORT View image in PDF format
01/19/2017 -- ANNUAL REPORT View image in PDF format
10/18/2016 -- REINSTATEMENT View image in PDF format
02/09/2016 -- LC Amendment View image in PDF format
12/28/2015 -- Florida Limited Liability View image in PDF format
Florida Department of State, Division of Corporations
43
450 EISENHOWER LANE NORTH
LOMBARD, IL 60148
Current Principal Place of Business:
Current Mailing Address:
450 EISENHOWER LANE NORTH
LOMBARD, IL 60148 US
Entity Name: REDSPEED FLORIDA LLC
DOCUMENT# L15000213266
FEI Number: 80-0218940 Certificate of Status Desired:
Name and Address of Current Registered Agent:
CT CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Authorized Person(s) Detail :
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
SIGNATURE:
Electronic Signature of Signing Authorized Person(s) Detail Date
GREGORY JOHNS
FILED
Jan 30, 2023
Secretary of State
3149413786CC
GREGORY JOHNS ACCOUNTING MGR 01/30/2023
2023 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT
Yes
01/30/2023
Title MGR
Name LIBERMAN, ROBERT
Address 450 EISENHOWER LANE NORTH
City-State-Zip:LOMBARD IL 60148
Title ACCOUNTING MGR
Name JOHNS, GREGORY JR.
Address 450 EISENHOWER LANE NORTH
City-State-Zip:LOMBARD IL 60148
Title SALES
Name DUFLOTH, JEFFREY
Address 450 EISENHOWER LANE NORTH
City-State-Zip:LOMBARD IL 60148
44
CATEGORY ALTUMINT RED SPEED VERRA MOBILITY
PROGRAM FEE STRUCTURE DETAIL/
VIOLATOR RECEIPENT FEES
Options: (1) Revenue Sharing based on
75% to City and 25% to Altumint of the
$60 paid violation $45 retained by City $15
to Altumint; (2) Monthly camera rental
@$3,499 and $8 per mail citation.
RedSpeed proposes a very clean and
straightforward revenue share of 65%for
the city and 35%for RedSpeed (of the $60
the city statutorily receives per paid
violation,the city retains $39 and
RedSpeed retains $21.)This is our only fee
to the city (There is a $4.10 cost
recoupment for UTCs that must be sent
by certified mail.We anticipate this to be
a very small percentage of violations.)
Fixed Speed:
- First two paid citations per day based on 30
day month and $6 for each daily paid citation
thereafter.
- $5 violator paid convenience fee for each
citation paid by credit card. Fixed Speed are
camera systems that are fixed either on a
newly installed pole similar to a red light
camera or attached to existing infrastructure,
if feasible
Transportable Speed:
- First three paid citations per day based on 30
day month and $6 for each daily paid citation
thereafter.
- $5 violator paid convenience fee for each
citation paid by credit card
Transportable Speed are camera systems in
cabinets that can be moved to another
location providing enforcement flexibility for
your safety program.
Please see our supplemental section titled “2 -
Program fee structure detail / violator recipient
fees” for additional detail.
FINANCIAL ANALYSIS BASED ON 100 TICKETS
PER MONTH @ $60 EACH TICKET CITY EARNINGS: $4,500 CITY EARNINGS: $3,900 CITY EARNINGS: $3,000
CONFIRM TRAFFIC STUDY PROVIDED AT NO
COST TO THE CITY WITH NO COMMITMENT
OR LIABILITY
Traffic studies conducted by an
independent third party are included as
part of Altumint’s program at no cost to
the city.
There is no cost of liability for traffic
studies
Yes. We confirm that traffic studies will be
provided at no cost to the City with no
commitment or liability. Verra Mobility has
extensive experience providing traffic
studies across the nation, as shown within
supplemental “section 3 - Municipal
Clients in Florida and Nationwide.”
SPEED DETECTION ENFORCEMENT PROGRAM FOR SCHOOL ZONES
VENDOR
45
CONFIRM COMPLETE INSTALLATION OF
POLES AND CAMERAS AT NO COST TO THE
CITY OR IS THERE A COST AND ANY
REMOVAL/RESTORATION AND PROGRAM
TERMINATION.
There is no cost for installing or removing
the poles and cameras.
There are no costs at all to the city other
than the revenue split detailed in the
answer to question 1.There is no fine print
or exceptions for poles,cameras,
permitting,installation,maintenance,
training,printing,mailing,etc.If the
program is operational for one year,there
are no termination charges.If terminated
in less than a year we would recoup a
maximum of collected revenue per site,or
$10,000,whichever is less.The city cannot
be out of pocket or lose money on our
program, no matter when terminated.
Yes. We confirm that installation costs
and cost to remove/restore will be
covered by Verra Mobility upon program
conclusion.
CONFIRM CAMERAS INCLUDE LICENSE PLATE
RECOGNITION (LPR) CAPABILITIES
Pricing includes a separate FLOCK ALPR,or
a Motorola ALPR or Vigilant L6Q includes
intallation at a location of the city's choice.
Yes,ALPR capabilities/functionality are
included in each system.Because of our
unique,all video solution,only RedSpeed
can provide seamless integration with
leading ALPR providers like Vigilant,Flock
or Insight.Other school zone speed
vendors use a still camera for plate
capture and can not do this.Our solution is
proven and utilized by dozens and dozens
of customers.
Yes. We confirm that our school zone
safety camera systems will have ALPR
functionality with live notification
capability.
IF YES, WHO IS THE SUBSCRIPTION WITH AND
IS THERE AN LPR SUBSCRIPTION FEE
The subscription is with Flock, and
Altumint pays the LPR subscription fee.
Our offer includes the hardware,
installation, permitting, power, and
software costs for the entire contract.
We can provide Vigilant, Flock or Insight
ALPR functionality. There is no
incremental cost to the city. All fees are
included in our revenue share.
Flock and Rekor are our current ALPR
providers. This fee is included within the
price of our proposed per school zone
speed safety camera system. If desired, we
would also be willing to discuss adding
such functionality to the City’s red light
safety camera systems.
46
TERMINATION CLAUSE (COST & TIMING)
60 Day prior written notice. Standard
language regarding termination is found in
10(B)-10(D) of the attached contract.
The City may elect to sign a one year or
five-year agreement.In either case,
termination after one year caries no costs
or penalties.If terminated in less that a
year we would recoup a maximum of
collected revenue per site,or $10,000
whichever is less.The City cannot be out
of pocket or lose money on our program,
no matter when ternimated.
This Agreement shall commence upon the
Effective Date and shall continue for a
term of five (5)years from the Effective
Date,unless new Camera Systems are
installed subsequent to the Effective
Date,then the term shall continue for five
(5)years from the first day of the month
following the first-issued Citation from
the last Camera System that is installed or
deployed pursuant to the last Notice to
Proceed delivered by Customer to Verra
Mobility.This Agreement will
automatically extend for consecutive five
(5)year terms.However,Customer or
Verra Mobility may terminate this
Agreement at the expiration of any term
by providing written notice of its intent not
to extend the Agreement forty-five (45)
days prior to the expiration of the then-
current term.
47
STRATEGY FOR LEGAL CHALLENGES TO LAW
To defend the city from these challenges,
Altumint provides a full court package that
includes prima facie evidence of the
violation. We will also provide expert
testimony for judicial notice and will
support and defend the law. There is no
cost to the City.
Automated photo enforcement is settled
law in Florida, having been heard by the
Florida Supreme Court. We realize
challenges may arise. We have retained
Weiss, Serota to defend our customers
and RedSpeed if needed. There is no cost
to the City for legal defense.
No Cost to the City. Verra Mobility has a
demonstrated unique understanding of
Florida photo-enforcement programs. We
take pride in our efforts over the years
working side-by-side with our Florida
customers as the red light safety camera
law has developed under the Wandall Act.
When the Wandall Act faced legal
challenges Verra Mobility was proud to
have worked with all our Florida
customers on the legal issues that
ultimately culminated in a unanimous
decision by the Florida Supreme Court
(Jimenez v. State, May 2018) upholding the
legality of our customer’s programs in the
state. When subsequent to the Jimenez
ruling there were legal challenges to the
business rules of photo-enforcement
programs in the state, Verra Mobility
assisted our customers in obtaining a
successful ruling by the 3rd District Court
of Appeals (City of Aventura, etc., et al., v
Stein, June 2020).
48
ABILITY TO REVIEW PORTAL FOR VIOLATORS
NOT ISSUED TICKETS (WORKING QUEUE VS
NON-WORKING QUEUE.
This police queue in the attachment shows
events at risk of aging off because they
have not yet been reviewed (referred to as
the “red zone”). Altumint’s web-enabled
software provides information on those
violators who were not issued tickets (the
non-working queue) via reporting,
including the reasons for not issuing the
tickets. Our program managers can assist
with views of the non-working queue if
needed. We follow Florida retention laws
for data in both the working and non-
working queues.
Authorized personnel can view all the
above in RedCheck, our web-based
review portal.
During legal challenges to the Wandall Act,
Verra Mobility worked closely with the
Florida Attorney General’s Office and the
City of Aventura’s legal counsel in
demonstrating to the Florida courts how
only traffic infraction enforcement officers
(TIEO) make a determination a violation of
the law occurred. Our back-office system
allows for Verra Mobility processors, or in
some cases artificial intelligence, to do a
pre-screening of events capture by the
camera systems based on the City’s
business rules and to send those events
into a working queue and non-working
queue within the back-office system. The
TIEO or other authorized City personnel
have the ability to review events in both
queues, subject to the data retention
rules the City provides in its contract with
Verra Mobility. There are also extensive
reports the City will be able to generate for
audit purposes indicating the reasons why
a particular event was sent to a particular
queue.
PUBLIC RECORDS REQUEST FROM PD; FEES, IF
ANY.There is no charge for this service.None, no fees to the City
Verra Mobility will not charge the City/PD
directly for public record requests. Our
contract language regarding assessing a
fee is only if the City/PD can charge the
requester a fee, then we would only ask
that the Customer pass that fee on to
Verra Mobility to cover our costs. This
contract provision is to protect both the
City and Verra Mobility from costly large
volume public records requests. We are
happy to negotiate with the City/PD the
contractual language needed to protect
both parties.
49
TECHNOLOGY UPGRADES INCLUDED AT NO
COST TO THE CITY
During the life of the contract, Altumint
will upgrade the software and hardware
for the program with no costs to the city.
All technology upgrades are included at no
cost to the city.
No Cost to the City. All technology
upgrades are included for the term of the
contract upon mutual agreement of the
parties. Verra Mobility often receives
feedback from our customers on ways to
enhance the back-office system and when
those enhancements are made we provide
the upgrades to all our customers using
the back-office system.
HOW ARE "NOMINATIONS" HANDLED (OTHER
DRIVERS OTHER THAN THE VEHICLE OWNER)
Once the City approves a citation, Altumint
will execute a summons in accordance
with Florida law. If the vehicle’s registered
owner informs us, via Affidavit of Transfer
of Liability, that someone else was driving
the vehicle, Altumint will process the
transfer of liability request and issue a new
citation.
RedSpeed follows the procedures detailed
in HB 657. We provide instructions on the
NOV for any registered owner that desires
to assert they were not the driver. We
make an affidavit available online driver.
Verra Mobility has extensive experience in
assisting our customers with the
nomination process and we currently
provide nomination services for the City’s
red light program through a process that
includes the following:
o A coupon is provided for nominations
that requires notarization in order to be
processed. If the coupon is not notarized,
it is returned to the sender.
o Both Date Of Birth (DOB) and driver’s
license numbers must be provided. If
either of these inputs is missing it cannot
be processed and the documentation
along with an attached letter is sent back
to the sender.
o Once the nomination is entered into
our system, hard copies are stored for
three years.
Once all information is received, the
nomination is processed.
Please note we can accommodate various
requests for process modifications
required by the City pursuant to applicable
statutes and in accordance with your
business requirements.
50
WHAT ARE YOUR PROGRAM BUSINESS RULES
We work with each client to determine
the business rules that make sense for
their city and program. Working with
South Miami, we will make suggestions for
best practices and take feedback from all
stakeholders to ensure the program is
received well.
The program must be operated within
statutory guidelines, but City police may
have discretionary policies that we
follow. These guidelines are established in
the program set up. Documented and
signed
off on by the City and RedSpeed. Examples
include handling of South Miami police
vehicles with lights
on, lights off, other emergency vehicles,
etc.
Verra Mobility utilizes a Business Rules
Questionnaire (BRQ) to capture the City’s
business rules, i.e., capture further details on
how the City wants all aspects of its safety
program to work. The BRQ is designed to
capture the needs of key stakeholders and
departments within the City including, but not
limited to: the Police Department, City
Attorney, Finance Department, Hearing Officer
and clerk, etc. The BRQ is like an instruction
manual, the document outlines the
architecture of how the back-end system is
setup to operate from event capture to notice
payment and final disposition. The BRQ is an
extension of our Customer Contract and may be
used by the parties to clarify certain scope of
work items. Not only does it provide our
customers with the opportunity to provide
direction on how the customer wants their
program to operate within the Verra Mobility
offered processes, but it also provides our
internal teams with the instructions on how to
design their workflows to take care of our
customer’s unique programs. The BRQ is an
important component to the operation of our
customer’s program and is essential for
documenting the authority the customer is
providing to Verra Mobility to carry out certain
ministerial tasks.
EQUIPMENT: LASER OR RADAR TECHNOLOGY
Altumint offers both LIDAR and RADAR
solutions so that you and Altumint
together can choose the best solution for
each site.
Only RedSpeed offers and currently
operated programs with radar and laser.
Each technology has pros and cons by
location. (Number of lanes, traffic volume,
weather, angle, etc.) We will provide what
the city specifies/prefers.
Our proposed equipment uses RADAR
technology.
51
IF FDOT REQUIRES A 6-MONTH
RECERTRIFICATION OF THE EQUIPMENT
(LASER OR RADAR) WHO IS RESPONSIBLE FOR
THOSE COSTS
Altumint would be responsible for these
costs. All Altumint equipment is currently
calibrated and certified by an independent
third party yearly, but we can change that
cycle to every six months if FDOT requires
it.
RedSpeed is responsible for all these
costs.
Verra Mobility will be responsible for
these costs.
MUNICIPAL CIENTS IN FLORIDA AND
NATIONWIDE
Eustis, Florida. Cites in Georgia, Maryland,
Iowa, Ohio; refer to Response document.
RedSpeed has well over 100 clients
nationwide. We operate several dozen
programs in Georgia with great safety
results. Georgia is directly relevant as the
law is nearly identical. We serve more
communities in Georgia than all our
competitors combined. In Florida,
RedSpeed operated red light
programs for two cities, Coral Gables and
Sarasota (we replaced an incumbent in
both, and violations
captured increased dramatically due to our
all-video technology.) We also are proud
that we have been
awarded the first school zone speed
programs in Florida, include Miami-Dade
County cities Pinecrest
and Miami Gardens.
Nationwide 89 Speed Progams in North
America; None in Florida. Please refer to
presentation under the heading “2 -
Municipal Clients in Florida and
Nationwide.”
52
CAMERA MAKE & MODEL Lumenera, LT-LC10-3841 Axis P1377, P1378
Halo 3 Lite. This system represents our
latest automated enforcement technology.
A few key capabilities include:
• Coverage across up to three lanes of
traffic (approaching and receding);
• 8MP HD, 30fps overview (video) camera
and 12MP ALPR camera;
• ALPR integration capability with Flock and
Rekor;
• 4D HD radar capable of tracking 100+
vehicles simultaneously;
• Ability to measure speeds up to 186 mph;
• Infrared and external white flash;
• Live streaming video, if allowed by law;
and
• Digitally signed evidence packages
transmitted to back-office over encrypted
VPN.
53
THE FLORIDA SENATE
2023 SUMMARY OF LEGISLATION PASSED
Committee on Transportation
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Of fice.
CS/CS/HB 657 Page: 1
CS/CS/HB 657 — Enforcement of School Zone Speed Limits
by Infrastructure Strategies Committee; Transportation and Modals Subcommittee; and Rep.
Koster and others (CS/CS/CS/SB 588 by Fiscal Policy Committee; Appropriations Committee
on Transportation, Tourism, and Economic Development; Transportation Committee; and
Senator Rodriguez)
The bill authorizes a county or municipality to place or install, or contract with a vendor to place
or install, an automated speed detection system on a street or highway under its jurisdiction or a
state road if permitted by the Florida Department of Transportation (FDOT). The system may
only be used to enforce speed limits in school zones within 30 minutes before a regularly
scheduled breakfast program or school session, during the entirety of a regularly scheduled
school session, and within 30 minutes after the end of a regularly scheduled school session. The
bill:
Defines the term “speed detection system” and requires a county or municipality to enact
an ordinance authorizing the placement or installation of speed detection systems and to
make a determination that the location of such system warrants additional enforcement.
Requires signage warning motorists that speed detection systems are in use.
Requires a 30-day public awareness campaign prior to commencing enforcement of
school zone speed limits with speed detection systems.
Requires the governing body of a county or municipality operating such system to hold
public meetings regarding system provider contracts and data reported to the Department
of Highway Safety and Motor Vehicles (DHSMV).
Creates a School Crossing Guard Recruitment and Retention Program, funded through
retention of $5 from each citation enforced through school zone speed detection systems.
Requires speed detection systems to be installed according to FDOT specifications.
Provides requirements for issuing a notice of violation or a uniform traffic citation.
Establishes a $100 penalty for each violation and provides for the distribution of the
proceeds to state and local government, including $60 from each citation for the local
government to administer the speed detection system and other public safety initiatives
and $12 from each citation for county school districts, to be shared proportionately with
charter schools, for school security initiatives, student transportation, or improve student
walking conditions.
Provides defenses for persons who receive a notice of violation or uniform traffic citation
and procedures for hearings regarding violations.
Provides requirements for the retention and destruction of data obtained from speed
detection systems.
Requires annual reporting by counties and municipalities that implement speed detection
system programs in school zones and requires an annual summary report by DHSMV.
Exempts speed detection systems from DHSMV’s requirements for radar or lidar units,
while requiring a speed detection system to perform self-tests as to its detection accuracy.
Prohibits points being imposed for a violation if unlawful speed in a school zone enforced
by a speed detection system and prohibits such violations from being used for purposes of
setting motor vehicle insurance rates.
54
2023 Summary of Legislation Passed Committee on Transportation
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Of fice.
CS/CS/HB 657 Page: 2
If approved by the Governor, or allowed to become law without the Governor’s signature, these
provisions take effect July 1, 2023.
Vote: Senate 35-3; House 95-6
55
July 17, 2023
VIA E-MAIL
City of South Miami
Steven Kulick, CPM
Chief Procurement Officer/Procurement Division
6130 Sunset Drive
South Miami, FL 33143
Dear Steve:
Our company RedSpeed is the industry leader in automated school zone speed
enforcement. We are writing to provide an overview of our School Zone Speed Enforcement
Program, designed in compliance with Florida's HB657. As you may know, this bill, effective
from July 1, 2023, allows for automated enforcement of speed limits within school zones.
Our proposal encompasses an innovative, effective, and entirely violator-funded program
that prioritizes student safety without imposing any financial burden on the City.
The key aspects of our program include:
● Equipment & Maintenance: RedSpeed will handle the installation and
maintenance of cameras, poles, and associated equipment in designated school
zones at no cost to the city.
● Operating Hours: The automated cameras will function during school days,
beginning 30 minutes before school starts and ending 30 minutes after school.
● Violation Threshold: To ensure that only egregious violators are cited, citations
will be issued for speeds exceeding the limit by at least 10 mph.
● Review & Approval: A system of checks and balances will be maintained wherein
a law enforcement officer reviews and approves all citations.
● Penalties & Appeals: Violators will be issued a civil Notice of Violation (NOV)
with a penalty of $100. This is a civil penalty and carries no points or insurance
implications. An appeals process is established, providing the accused with the
opportunity for a civil appeal before the code enforcement board, administrative
hearing officer or Miami-Dade County Court.
● Monitoring & Review: Our web-based photo enforcement program provides a
video archive and License Plate Recognition (LPR) for effective review and
monitoring of potential violators.
● Public Education: Prior to implementation, RedSpeed will assist the City in
conducting a 30-day public education period about the new enforcement measures,
with only warnings issued before levying fines.
● Supporting Collaterals: RedSpeed will provide support in creating a professional
Public Service Announcement, printing, and mailing warning notices during the
warning period, and developing print collateral to notify parents about the program.
● Additional Police Tools. Only RedSpeed is compatible with Flock or Insight
ALPR. RedSpeed includes the respective ALPR licenses for each location.
Additionally, RedSpeed offers a video archive that be used pursuant to state law
56
2
for proving civil or criminal liability for incidents captured incidentally to photo
enforcement.
In sum, we appreciate your consideration and would be pleased to help the city usher in a
new era of safety in South Miami.
Yours sincerely,
REDSPEED FLORIDA, LLC REDSPEED FLORIDA, LLC
Michael J. McAllister, Esq. Greg Parks
Florida Bar No. 32121 Senior Vice President
mjm@redspeed-usa.com greg.parks@redspeed-usa.com
(305) 799-8377 (913) 575-2912
57
3
58
Red Speed®
f i' o c k s a f et y
SOURCE LETTER
To Whom It May Concern,
Flock Safety and Redspeed have partnered together to support many different
agenc ies . Flock Safety is able to provide an additional layer of software to the
Redspeed cameras . This allows the Redpseed cameras to be turned into ALPRs
that push images into Flock Safety's cloud and allow agencies with access to
those cameras to search for vehicles.
In order for the two systems to work together, Redspeed will provide Flock with
RTSP streams for the given cameras. From there , Flock Safety will integrate the
camera stream into the Flock system thus allowing the software to be on the
camera , turning it into an ALPR. The camera is then plotted on the Flock Safety
map in the application to appropriately locate where the cameras are .
As of June 2023, Redspeed is the only company with whom Flock has
partnered with to offer Wing LPR integration on school zone enforcement
cameras.
Sincerely,
Vehicle Flnc,erprlnt TtchnolocJY
LPR + Unique Vehicle Characteristic
Mike Venable
Regional Director of Sales
4
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60
MIAMI-DADE
STATE OF FLORIDA
COU NTY OF MIA MI-DADE :
Before the undersigned authority personally appeared
GUI LLERMO GARC IA, who on oat h say s that he or she is the
DIR ECTOR OF OPERAT IONS, Le gal Notices of the Miami Dai ly
Business Rev iew f/k/a Miami Review , of Mia mi-Dade Cou nty,
Flori da; that the attache d copy of advertiseme nt , bei ng a
Lega l Adve rtise me nt of Not ice in th e matter of
CITY OF SOUTH MIAMI. PUB LI C HE AR ING· NOV . 7 , 2023
in the XXXX Court ,
was published in a newspaper by print in the issues of Miam i
Da ily Business Review f/k/a Miami Review o n
10/27/2023
Affiant further says \hat the newspaper comp li es with all
lega l requirements for publication in chapter 50 , Florida
Sworn to and subscribed before me this
27 day of OCTOB ER, A.O. 2023
(S L)
GU ILLE RMO GARC IA perso nally kn own to me
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION MEETING
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a public hearing
on T November 7 2023 at 7: at Hall
Com Chambers 6130 Sunset Drive So to
consider the following public hearing item(s): '
A RESOLUllON AUTHORIZING THE CITY MANAGER TO ENTER INTO A
MUL Tl-YEAR SOLE SOURCE RENEWAL AGREEMENT WITH CIVICPLUS LLC
FOR WEBSITE SUPPORT, MAINTENANCE ANO HOSTING SERVICES , ANO
A SUBSCRIPTION FOR AUDIOEYE, A PROGRAM THAT ENABLES THE CITY'S
WEBSITE TO BE MORE ADA ACCESSIBLE, PROVIDING FOR IMPLEMENTATION; I
CORRECTIONS; SEVERABILITY; ANO AN EFFECTIVE DATE.
A RESOllUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHOR IZING THE CITY MANAGER TO ENTER INTO A
MULTI-YEAR RENEWAL AGREEMENT FOR THE CITY'S PHONE SYSTEM
HARDWARE ANO LI CENSE RENEWAL WITH SWITCH TECH INTERNATI ONAL,
INC. D/B/A TELESWITC H PRO VIDI NG FOR IMPLEMENTATION; CORRECTIONS;
SEVERAB ILITY; ANO AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,_ FLORIDA, APPROVING_!.~ELOPM~ AGREEMENT WITH
ANCHOR MIAMI IRF OWNER, LLC , AND SOUTH MIAMI HOSPITAL, INC .,
FOR THE PROPERTY LOCATED AT 6233 SUNSET DRIVE, 6201 SUNSET
DRIVE , AND 7150 SW 62 AVENUE , SOUTH MIAMI, FLORIDA, PURSUANT
TO SECTION 20-8 .9 OF THE LAND DEVELOPMENT CODE ; AUTHORIZJ NG
THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT;
PROVIDING FOR CORRECTIONS, IMPLEMENTATION, REPEALER, SEVERABIUTY ,
AND AN EFFECTIVE DATE .
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF TH E Cl1'<
OF SOUTH MIAMI, FLORIDA, CALLI NG A SPECIAL ELECTION TO BE HELO
ON MARCH 19, 2024, FOR THE PURPOSE OF SUBMITTING TO THE
EL ECTORATE A PROPOSED AMENDMENT TO SECTION 4 'FRANCHISE "
OF ARTICLE VI 'GENERAL PROVISIONS ' OF THE CITY CHARTER, AS
PRESENTED IN A BALLOT QUESTION TO EXCLUDE LEASES OF CITY
PROPERTY FROM THE ENACTMENT PROCEDURES AND TERM LIMITATIONS
IN THE CHARTER APPLICABLE TO FRANCHISES; PROVIDING FOR REQUISITE
BALLOT LANGUAGE AND CHARTER AMENDMENT TEXT FOR SUBMISSION
TO THE ELECTORATE; PROVIDING FOR THE CITY CLERK TO UTILIZE
THE SERVICES OF MIAMI -DADE COUNTY SUPERVISOR OF ELECTIONS FOR
THE SPECIAL ELECTION; PROVIDING FOR AUTHORIZATION, IMPLEMENTATION,
CORRECTIONS AND AN EFFECTIVE DATE .
61
A RESOLUTION OF THE MAYOR AND CllY COMMISSION OF THE CITY
OF SOUTH MIAMI , FLORIDA, CAWNG A SPECIAL ELECTION TO BE HELD
ON MARCH 19, 2024 , FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE A PROPOSED AMENDMENT TO SECTION 4 "FRANCHISE "
OF ARTICLE VI 'GENERAL PROVISIONS ' OF THE CITY CHARTER , AS
PRESENTED IN A BALLOT QUES TION TO INCREASE THE TERM LIMITATION
OF FRANCHISES , INCLUDING LEASES , FROM FIFTY (50) YEARS TO
ONE HUNDRED (100) YEARS ; PROVIDING FOR REQUISITE BALLOT
LANGUAGE AND CHARTER AMENDMENT TEXT FOR SUBMISSION TO
THE ELECTORATE; PROVIDING FOR THE CITY CLERK TO UTILIZE THE
SERVICES OF MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS FOR
THE SPECIAL ELECTION ; PROVIDING FOR AUTHOR IZATION , IMPLEMENTATION,
CORRECTIONS AND AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CllY COMMISSION OF THE CITY
OF SOUTH MIAMI , FLORIDA, CALLING A SPECIAL ELECTION TO BE
HELD ON MARCH 19, 2024, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE A PROPOSED AMENDMENT TO SECTION 4 'FRANCHISE '
OF ARTICLE VI 'GENERAL PROVISIONS ' OF THE CITY CHARTER , AS
PRESENTED IN A BALLOT QUESTION TO INCREASE THE TERM LIMITATION
OF FRANCHISE LEASE AGREEMENTS FOR CITY PROPERTY FROM
FIFTY (50) YEARS TO ONE HUNDRED (100) YEARS; PROVIDING FOR
REQUISITE BALLOT LANGUAGE AND CHARTER AMENDMENT TEXT
FOR SUBMISSION TO THE ELECTORATE; PROVIDING FOR THE CITY
CLERK TO UTILIZE THE SERVICES OF MIAMI-DADE COUNTY SUPERVISOR OF
ELECTIONS FOR THE SPECIAL ELECTION ; PROVIDING FOR AUTHORIZATION,
IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE .
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, CALLING A SPECIAL ELECTION TO
BE HELD ON MARCH 19, 2024, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORATE A PROPOSED AMENDMENT TO SUBSECTION H
OF SECTION 5 'POWERS AND DUTIES ' OF ARTICLE Ill 'CllY MANAGER '
OF THE CITY CHARTER, AS PRESENTED IN A BALLOT QUESTION TO
ALLOW THE COMMISSION TO SET PURCHASING LIMITATIONS BY
ORDINANCE FOR CITY PURCHASES OF GOODS AND SERVICES;
PROVIDING FOR REQUISITE BALLOT LANGUAGE AND CHARTER AMENDMENT
TEXT FOR SUBMISSION TO THE ELECTORATE; PROVIDING FOR THE CITY
CLERK TO UTILIZE THE SERVICES OF MIAMI -DADE COUNTY SUPERVISOR OF
ELECTIONS FOR THE SPECIAL ELECTION; PROVIDING FOR AUTHORIZATION ,
IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE.
AN ORDINANCE AMENDING THE FY 2022-2023 CAPITAL AND OPERATING
BUDGET ADOPTION AND ALLOCATING AN INCREASE OF $165,196.47 TO
NON-DEPARTMENTAL ACCOUNT 001 .2100 .519.2250 FOR THE SOUTH MIAMI
POLICE OFFICERS RETIREMENT TRUST FUND PREMIUM DISTRIBUTION.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, APPROVING A FRANCHISE AGREEMENT WITH
REDSPEED FLORIDA, LLC FOR THE INSTALLATION AND OPERATION
OF SPEED DETECTION SYSTEMS FOR ENFORCEMENT OF SPEED
LIMIT VIOLATIONS OCCURRING IN ELIGIBLE SCHOOL ZONES AND
RELATED TRAFFIC REPORT SERVICES AT NO COST TO THE CITY,
CONTINGENT UPON FULL COMPLIANCE BY THE CITY AND REDSPEED
FLORIDA, LLC WITH ALL THE REQUIREMENTS OF CHAPTER 2023-174 OF
THE LAWS OF FLORIDA; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A FRANCHISE AGREEMENT WITH REDSPEED FLORIDA LLC
FOR THE SERVICES; PROVIDING FOR IMPLEMENTATION, CORRECTIONS,
SEVERABILITY AND AN EFFECTIVE DATE .
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CllY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
CONVEY A 2020 FORD SUV VEHICLE TO OFFICER RODNEY NAPIER ;
PROVIDING FOR IMPLEMENTATION, CORRECTIONS , SEVERABILITY ,
AND AN EFFECTIVE DATE .
Zl3
62
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 15-65, 'CAMPING PROHIBITED;
EXCEPTIONS,' OF CHAPTER 15, 'OFFENSES AND MISCELLANEOUS
PROVISIONS,' OF THE CITY CODE OF ORDINANCES TO PROHIBrT OVERNIGHT
CAMPING ON PUBLIC PROPERTY AND PROVIDE FOR ENFORCEMENT
PROCEDURES AND PENALTIES ; PROVIDING FOR CORRECTIONS;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE .
Comm ission members will participate in Chambers or by video conferencing
through the Zoom platform and members of the public may join the meeting via
Zoom at (htl s://zoom .us/i 3056636338 , by phone by calling +1-786-635-1003
and entering Meeting ID: 3056636338 when prompted, or In person in the
Commission Chambers, and where their appearance will be broadcast on
the Zoom platform, and where they can participate.
All interested parties are invited to attend and will be heard .
For further information, please contact the City Clerk's Office at: 305-663-6340.
Pursuant to Section 286.0105, Fla. Stal., the City hereby advises the public that
if a person decides to appeal any decision made by the Commission with respect
to this matter, such person must ensure that a verbatim record of the proceedings
Is made, which record includes the testimony and evidence upon which the
appeal is to be based . This notice does not constitute consent by the City for the
introduction or admission of otherwise inadmissible or irrelevant evidence, nor
does ii authorize challenges or appeals not otherwise allowed by law .
ADA: To request a modification to a policy, practice or procedure or to
request an auxiliary aide or service In order to participate in a City program,
activity or event, you must on or before 4:00 p.m. 3 bus iness days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mall at 6130 Sunset Drive,
So~ Miami, Florida or email at npayne@southmlamifl.gov.
10/27
Nkenga A. Payne, CMC, FCRM
City Clerk
23-69/0000691491 M
SUNDAY OCTOBER 29 2023 NEIGHBORS ...................................................................................................19SE
C onsidering recent
and ongoing con-
flicts in various
parts of the world,
we are all exposed to dis-
turbing realities,images
and information through
multiple media —and our
kids are no exception.It
may leave us not knowing
exactly what to do.Watch-
ing the suffering of others
unfold may lead to in-
creased levels of stress,
anxiety and even depres-
sion among our kids,so
parents and caregivers
must address the issue
rather than leave our chil-
dren to try and process
these difficult circum-
stances by themselves.
Parents need to be aware
of what their children hear
from friends,social media
and other sources and how
they are affected.To the
degree possible,protect
kids from potentially upset-
ting images that cannot be
unseen,by monitoring
media sources,content and
time online.
We all need to take
media breaks to reduce
exposure.Make sure your
kids’information sources
are age-appropriate.And
teach them healthy skepti-
cism to help sort out facts
and opinions and evaluate
the accuracy of their news
sources.For kids under 8,
the goal is to prevent expo-
sure to graphic details of
traumatic current events,
since young children likely
will not fully understand
and process such incidents.
A Open the conversa-
tion:Avoiding this difficult
topic or waiting for your
children to bring it up may
be tempting,but parents
should open the door.Start
by making sure you are
informed about the basic
facts from credible news
sources so that you can
answer questions.Identify
when you can devote all
your attention to your kids
and ensure your approach
is tailored to your chil-
dren's age and maturity.
Ask open-ended ques-
tions like:What have you
heard about what’s going
on in the world?What do
you think about it?What
are you worried about?
What questions do you
have?Give them time to
respond.Actively listen and
show that you have heard
and understand by reflect-
ing what you heard;do not
minimize or dismiss their
feelings.Let them talk
more than you do.
Normalize that violence
is upsetting;that it is hard
for anyone to hear about
children and families being
hurt or killed.Emphasize
that you are there to help
them through it,whether
they feel afraid,worried,
angry or even guilty.For
informational responses,
keep things simple.Answer
what they ask,but there’s
no need for extensive ex-
planations in many cases.
Younger kids most likely
will not need much detail.
Follow your child’s lead
on how much they’re im-
pacted and what they want
to know.Keep communi-
cation lines open so your
kids know they can contin-
ue the discussion when
they have more questions
or concerns.It’s OK if you
don’t have all the answers.
A Supporting effective
coping:Let children and
teens know they are safe,
loved and supported by you
and other adults around
them.If they are concerned
for their own safety,reas-
sure them that they are
safe.Spend time together
doing something active and
enjoyable like games,
sports or storytelling.Share
lots of hugs and high-fives
if your child likes them.
Even if you are feeling
pessimistic,share an opti-
mism with your kids that
things can get better.Your
kids will look to you for
signs of how to handle
things.Take prosocial ac-
tions together as a family to
participate in community
support,humanitarian and
relief efforts.
News of world violence
may be especially challeng-
ing for children and youth
with a personal history of
trauma or who live in com-
munities that experience
higher rates of violence.
Give them extra care and
stay close and connected.If
you or your child are expe-
riencing more severe emo-
tional or physical reactions
to this world tragedy and
violence,such as anxiety,
trouble sleeping or focus-
ing,reach out for help from
your child’s school,child-
care provider or pediat-
rician.You can also call the
Trust-funded 211 Helpline
or visit 211Miami.org for
local health and social
service referrals.
The Children’s Trust also
provides free parent work-
shops across the county as
part of its Parent Club that
offers more tools caregivers
can use to support their
children.Visit
TheChildrensTrust.org/
ParentClub to sign up for a
free workshop near you.
K.Lori Hanson,Ph.D.,is
chief of research,evaluation
and strategic planning at
The Children’s Trust.
The Children’s Trust:Global
conflicts can create anxiety for kids
BY K.LORI HANSON .
Special to the Herald
63