HomeMy WebLinkAboutRESOLUTION - 84-20 - 12/8/2020 - Redspeed Agreement (2)RESOLUTION NO.84-20
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A SERVICES AGREEMENT BETWEEN REDSPEED ILLINOIS, LLC AND
THE VILLAGE OF ELK GROVE VILLAGE FOR A TRAFFIC LAW ENFORCEMENT
SYSTEM
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached document
marked:
SERVICES AGREEMENT
a copy of which is attached hereto and made a part hereof as if fully set forth and the Village
Clerk is authorized to attest said document upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its passage
and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 81h day of December 2020.
APPROVED this Bch day of December 2020.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
REdSpee&
SERVICES AGREEMENT
This AGREEMENT (the "Agreement") made this _V� day of 20`119(herein
the "Effective Date"), between RedSpeed Illinois, LLC, an Illinois Limited Liability Company
("REDSPEED"), and the Village of Elk Grove Village, a political subdivision authorized and
created by the State of Illinois ( "GOVERNING BODY") (together, the "Parties")
WITNESSETH:
WHEREAS, REDSPEED has the exclusive knowledge, possession, and ownership of
certain equipment, licenses, and processes referred to collectively as the Red -Light Photo
Enforcement System (defined below and hereinafter referred to as the "RLPE System"); and
WHEREAS, GOVERNING BODY desires to use the RLPE System to monitor and enforce
red light violations or other traffic movements and to issue citations for traffic violations; and
WHEREAS, GOVERNING BODY has adopted or plans to adopt an ordinance, which
authorizes GOVERNING BODY to use the RLPE System and provides for its installation,
implementation and operation.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein and for other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
TERMS AND CONDITIONS
DEFINITIONS:
As used in this Agreement, the following words and terms will, unless the context otherwise
requires, have the respective meanings provided below:
"Motor Vehicle" has the same meaning as set forth in Section 1-146 ofthe Illinois Vehicle
Code (625 ILCS 511-100 et seq.).
"Motor Vehicle Owner" means the person or entity identified by the Illinois Department
of Motor Vehicles, or other state vehicle registration office, as the registered owner
of a vehicle or the lessee of a motor vehicle pursuant to a motor vehicle lease or
rental agreement.
"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 the RLPF, System.
"Recorded Images" means photographic, electronic, digital or video images of a Motor
Vehicle recorded by the RLPE System and establishing a time sequence of the
Motor Vehicle entering a controlled intersection.
pg. 1 of 15
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"Red -Light Photo Enforcement System" or "RLPE System" means an electronic
system that captures recorded images of a Motor Vehicle entering an intersection
against a steady red light and consisting of, but not limited to, in -ground vehicle
sensors, an IR panel, and up to seven (7) individual video cameras capable of
monitoring up to seven (7) lanes of enforcement.
"RedCheck" means the web -based violation processing system used by Traffic Infraction
Enforcement Officers.
"Traffic Infraction Enforcement Officer" means any individual lawfully authorized by
GOVERNING BODY to approve and issue Notices of Violation.
REDSPEED OBLIGATIONS:
REDSPEED agrees to fulfill the obligations set forth in Section 1 of Exhibit A.
3. GOVERNING BODY OBLIGATIONS:
GOVERNING BODY agrees to fulfill the obligations set forth in Section 2 of Exhibit A.
4. SERVICE FEES:
GOVERNING BODY agrees to pay REDSPEED in accordance with the fee schedule set
forth in Exhibit B.
TERM AND TERMINATION:
This Agreement shall commence on the Effective Date indicated on Page I of the
Agreement. The term of this Agreement will be for sixty (60) months beginning on the date
the Agreement is fully executed by both parties (the "Effective Date") and will thereafter
be automatically renewed on the Effective Date for two (2) additional and consecutive
three year terms ("Term"), unless the Agreement is terminated as set forth below.
This Agreement may be terminated:
a. Either Party shall have the right to terminate this Agreement, without cause, with
sixty (60) days written notice to the other party.
By mutual written consent of the Parties.
C. By either Party, upon written notice to the other if (i) the Illinois Statutes are
amended to prohibit or substantially change the operation of automated traffic law
enforcement systems as defined in the Illinois Vehicle Code; or (ii) any Court
having jurisdiction over the GOVERNING BODY rules, or State or Federal statute
declares, the results from the REDSPEED automated traffic law enforcement
systems are inadmissible as evidence.
pg. 2 of 15
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d. For cause, by either Party where the other Party fails in any material way to perform
its obligations under this Agreement and the defaulting Party fails to cure the
default within thirty (30) days after receiving written notice. The terminating Party
must provide written notice to the other Party of its intent to terminate and state
with reasonable specificity the grounds for termination.
Upon termination of this Agreement, the Parties recognize that GOVERNING BODY will
be required to process traffic law violations that occur prior to the termination of the
Agreement and that REDSPEED will be required to assist GOVERNING BODY in this
regard. Accordingly, the Parties will take the following actions, and have the following
obligations, which survive termination during the wind -down period: GOVERNING
BODY will cease using the RLPE System, will return or allow REDSPEED to recover all
provided equipment within a reasonable time not to exceed ninety (90) days, and will not
generate further images to be processed. Unless otherwise directed by GOVERNING
BODY, REDSPEED will process all images taken by GOVERNING BODY before
termination, will provide all services associated with processing in accordance with this
Agreement, will be entitled to all Fees (as defined in Exhibit B), and will provide
GOVERNING BODY with all revenues owed to GOVERNING BODY as if the
Agreement were still in effect.
6. ASSIGNMENT:
Neither Party may assign all or any portion of this Agreement without the prior written
consent of the other. Provided, however, that the Municipality hereby acknowledges and
agrees that delivery and performance of REDSPEED's rights pursuant to this Agreement
shall require a significant investment by REDSPEED, and that in order to finance such
investment, REDSPEED may be required to enter into certain agreements or arrangements
with equipment lessors, banks, financial institutions or other similar persons or entities.
The Municipality hereby agrees that REDSPEED shall have the right to assign, pledge,
hypothecate or otherwise transfer its rights to the equipment but not the service provided
under this Agreement, to any of the aforesaid. subject to the Municipality's prior written
approval, which approval shall not be unreasonably withheld or delayed. The Municipality
further acknowledges and agrees that in the event that REDSPEED provides written notice
to the Municipality that it intends to transfer all or any of REDSPEED's rights pursuant to
this Agreement, and in the event that the Municipality fails to provide such approval or
fails to object to such transfer within thirty (30) calendar days after its receipt of such notice
from REDSPEED, for the purposes of this Agreement, the Municipality shall be deemed
to have consented to and approved such transfer.
7. COMMUNICATION OF INFORMATION:
REDSPEED agrees that, excluding trade secrets as defined by Illinois law and other
information that is confidential or exempt from disclosure pursuant to Illinois law and not
reasonably necessary for the processing of Notices of Violations or the fulfillment of
GOVERNING BODY's obligation under this Agreement, all information obtained by
REDSPEED through operation of the RLPE System will be made available to
GOVERNING BODY at any time during normal working hours.
pg. 3 of 15
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CONFIDENTIAL INFORMATION:
Unless applicable law provides otherwise, no information given by REDSPEED to
GOVERNING BODY will be deemed confidential unless GOVERNING BODY
specifically designates such information as confidential in writing and such information is
properly considered confidential or exempt from disclosure pursuant to Illinois law.
REDSPEED will not use any information acquired by the RPLE System for any purpose
other than fulfilling its obligations under this Agreement or assisting law enforcement
authorities.
9. OWNERSHIP OF SYSTEM:
The RLPE System being installed by REDSPEED is, and will remain, the sole property of
REDSPEED, unless separately procured from REDSPEED through a lease or purchase
transaction. The RLPE System is provided to GOVERNING BODY subject to and only
for the Term of this Agreement.
10. RECORDS AND AUDIT:
During each Term, REDSPEED will maintain all books of account, reports and records
relating to the Agreement in accordance with generally accepted accounting practices and
standards. The form of all records and reports will be subject to the approval of
GOVERNING BODY's Internal Auditor. REDSPEED agrees to make available to
GOVERNING BODY's Internal Auditor, during normal business hours and in Western
Springs, Illinois all books of account, reports and records relating to this Agreement for the
duration of the Agreement and to retain them for a minimum period of three (3) years
beyond the last day of each Term or such other period required by law, whichever is longer.
11. INDEMNIFICATION AND INSURANCE:
REDSPEED agrees to protect, defend, indemnify, and hold harmless GOVERNING
BODY and GOVERNING BODY's officers, employees, and agents from and against any
and all losses, penalties, damages, settlements, fines, claims, costs, charges for other
expenses, or liabilities of every and any kind including any award of attorney fees and any
award of costs in connection with or arising from any negligence, intentional or reckless
act or omission by REDSPEED or any of REDSPEED's officers, employees, agents,
contractors, or subcontractors in performing the work agreed to or performed by
REDSPEED under the terms of this Agreement.
REDSPEED will maintain the following minimum scope and limits of insurance:
a. Commercial General Liability Insurance including coverage for bodily injury,
property damage, premises and operations, products/completed operations,
personal and advertising injury, and contractual liability with a combined single
limit of $1,000,000 per occurrence. Such insurance will name GOVERNING
BODY and GOVERNING BODY's officers, employees, and agents as additional
insureds for liability arising from REDSPEED's operation.
pg. 4 of 15
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b. Workers' Compensation for its own employees, as required by applicable state law,
with limits of not less than $500,000 per occurrence.
C. Comprehensive Business Automobile Liability Insurance for all owned, non -
owned and hired automobiles and other vehicles used by REDSPEED with a
minimum $1,000,000 per occurrence combined single limit bodily injury and
property damage.
Along with any other coverage that REDSPEED may consider necessary, REDSPEED will
require any subcontractors doing work under this Agreement to provide and maintain the
same insurance, which insurance will also name GOVERNING BODY and GOVERNING
BODY's officers, employees, and agents as additional insureds. Any deficiency in the
coverage or policy limits of said subcontractors will be the sole responsibility of
REDSPEED.
REDSPEED will provide GOVERNING BODY with certificates showing that
REDSPEED is carrying the above described insurance, and evidencing the additional
insured status specified above, within thirty (30) calendar days after the Effective Date.
Such certificates must show that GOVERNING BODY will be notified at least thirty (30)
days in advance of all cancellations of such insurance policies. REDSPEED will promptly
obtain substitute insurance in the event of a cancellation.
GOVERNING BODY will be responsible for vehicle insurance coverage on any vehicles
driven by GOVERNING BODY employees. Coverage must include liability and collision
damage.
12. GOVERNING LAW AND DISPUTE RESOLUTION:
This Agreement is governed by the internal laws of the State of Illinois, without regard to
conflicts of law principles. All disputes regarding or arising from this Agreement
(including any dispute relating to the validity, scope, or applicability of this Section) must
be resolved as follows:
a. First, any such dispute must be submitted to mediation in Chicago, Illinois
administered by JAMS before resorting to arbitration or litigation. The mediation,
including procedures for selection of the mediator if a mediator cannot be agreed
upon by the Parties, must be administered by JAMS.
b. If the dispute is not resolved through mediation, it must be determined by
arbitration in Chicago, Illinois before one neutral arbitrator. The arbitration,
including procedures for selection of the arbitrator (if an arbitrator cannot be agreed
upon by the Parties), must be administered by JANIS pursuant to its Commercial
Arbitration Rules & Procedures. However, the arbitration will provide for (i)
discovery adequate to give the Parties access to documents and witnesses that are
essential to the dispute and (ii) the arbitrator's written decision that includes the
essential findings and conclusions on which the decision is based. Judgment on the
arbitration award may be entered in any court having jurisdiction.
pg. 5 of 15
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C. All arbitration proceedings regarding compensation must be conducted solely on
an individual basis in accordance with this Section, and GOVERNING BODY may
not seek to have any dispute heard as a class action, a collective action, or institute
or participate in any proceeding against REDSPEED in which GOVERNING
BODY acts or proposes to act in a representative capacity. Similarly, no arbitration
proceeding will be joined, consolidated, or combined with another arbitration
proceeding without the prior written consent of REDSPEED's CEO.
d. Notwithstanding the foregoing, this Section does not apply to any claims which
either Party cannot be legally required to arbitrate, which (unless otherwise set forth
herein) must be litigated in Cook County, Illinois or in the U.S. District Court for
the Northern District of Illinois. Further, this Dispute Resolution provision does
not prohibit or limit either Party's right to seek equitable relief from a court,
including but not limited to injunctive relief, pending the resolution of a dispute by
arbitration.
13. LEGAL CONSTRUCTION AND REQUIREMENTS:
In case any one or more of the provisions contained in this Agreement is for any reason
held to be invalid, illegal, or unenforceable in any respect by a court of competent
jurisdiction, such invalidity, illegality, or unenforceability will not affect any other
provision thereof and this Agreement will be construed as if such invalid, illegal, or
unenforceable provision had not been contained herein.
14. FORCE MAJEURE:
A Party will be excused from the performance of its obligations under this Agreement when
and to the extent the non -performing Party's performance is delayed or prevented by any
circumstances beyond the non -performing Party's control including, fire, flood, explosion,
strikes or other labor disputes, act of God or public emergency, war, rioting, malicious
damage, act or omission of any governmental authority, delay or failure or shortage of any
type of transportation, equipment, or service from a public utility needed for their
performance (collectively, "Force Majeure") provided that:
a. The non -performing Party gives the other Party prompt written notice describing
the particulars of Force Majeure including, but not limited to, the nature of the
occurrence and its expected duration, and continues to furnish timely reports with
respect thereto during the period of Force Majeure;
b. The excuse of performance is of no greater scope and no longer duration than is
required by Force Majeure;
C. No obligations of either Party that arose before Force Majeure causing the excuse
of performance are excused as a result of Force Majeure; and
The non -performing Party uses its best efforts to remedy its inability to perform.
pg. 6 of 15
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The Term will be extended by a period equal to that during which either Party's
performance is suspended under this Section. Notwithstanding the above, performance
will not be excused under this Section for a period in excess of two (2) months, provided
that in extenuating circumstances, GOVERNING BODY may excuse performance for a
longer term. Economic hardship of REDSPEED or GOVERNING BODY will not
constitute Force Majeure.
15. PERMITS, FEES, AND LICENSES:
At its own expense, REDSPEED will obtain all necessary permits and pay all licenses and
fees required under applicable law to fulfill its obligations under this Agreement.
16. NON-DISCRIMINATION:
In fulfilling its obligation under this Agreement, neither Party will engage indiscrimination
or harassment on the basis of race, color, religion, gender (including gender identity,
change of gender, and transgender status), national origin, ancestry, age, military or veteran
status, disability, pregnancy, sexual orientation, marital status, genetic information, or any
other characteristic protected by applicable law.
17. SUBCONTRACTORS:
REDSPEED represents and warrants that it is capable of fulfilling all of its obligations
under this Agreement. If REDSPEED intends to use a subcontractor to fulfill these
obligations, REDSPEED will provide prior written notice of such to GOVERNING
BODY. GOVERNING BODY reserves the right to approve or disapprove of any
subcontractor proposed.
REDSPEED will ensure that all of REDSPEED's subcontractors perform in accordance
with the terms and conditions of this Agreement. REDSPEED will be fully responsible for
all REDSPEED subcontractors' performance, and liable for any of REDSPEED
subcontractors' non-performance.
18. ENTIRE AGREEMENT:
This Agreement contains the entire agreement and understanding of the Parties with respect
to its subject matters and supersedes all prior agreements and understandings (whether oral
or written) between the Parties with respect to its subject matters. This Agreement can be
amended or altered only in writing signed by authorized representatives of the Parties. In
the event of a conflict between the terms of an Amendment and the Agreement, the
Amendment will prevail and control.
pg. 7 of 15
RedSpeed®
19. NOTICES:
Any notice or demand which under the terms of this Agreement or under any statute must
or may be given or made by REDSPEED or GOVERNING BODY must be in writing and
delivered by personal service, first class mail, overnight delivery, certified or registered
mail, or e-mail to the Parties at the following addresses:
REDSPEED Illinois, LLC
400 Eisenhower Lane North
Lombard, Illinois 60148
Attn: Robert Liberman, CEO
Robert.Liberman@$d,-S_Illinoil.com
20. COUNTERPARTS:
This Agreement may be executed in counterparts, each of which will be deemed an
original, but both of which together will constitute one instrument. For convenience, the
signatures may be collected and annexed to one or more documents to form complete
counterparts and such signatures may be transferred electronically as if they were originals.
[Signature Page Follows]
pg. 8 of 15
RedSpeed®
[Signature Page to Services Agreement]
IN WITNESS THEREOF, the Parties have duly executed this Agreement on the day and
year first en a ve.
Villa of Elk G ve Village, Illinois
B
/67 UOjjkate
RedSpeed Illinois, LLC
By; Robert L.ibarman , 1 19 2020
Robert Liberman Date
Chief Executive Officer
pg. 9 of 15
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EXHIBIT A
SECTION 1(REIDSPEED OBLIGATIONS)
1. REDSPEED will provide a turnkey solution for the RLPE System to GOVERNING BODY
wherein all reasonably necessary elements required to implement and operate the solution
are the responsibility of REDSPEED, except for those items identified in Section 2 below.
The Parties understand and agree that new or previously unforeseen requirements may,
from time to time, be identified and that the Parties will 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 by GOVERNING BODY, unless otherwise specified, GOVERNING BODY
will not charge REDSPEED for the cost. All other in -scope work, external to
GOVERNING BODY, is the responsibility of REDSPEED.
2. REDSPEED will install the RLPE System at controlled intersections or grade crossing
approaches to be agreed upon between REDSPEED and GOVERNING BODY 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 RLPE Systems are installed and
maintained. REDSPEED will relocate an RLPE System at no cost from one location to
another once it has been mutually agreed upon between REDSPEED and GOVERNING
BODY.
3. REDSPEED will operate the RLPE System on a 24-hour basis, barring downtime for
maintenance and normal servicing activities.
REDSPEED will comply with all applicable law governing the use of photo enforcement
systems and will comply with the maintenance and operation procedures recommended by
the manufacturers of RLPE System equipment.
5. REDSPEED will provide a secure website (www.RedLightViolations.com) accessible to
Motor Vehicle Owners who have received Notices of Violation that will allow Motor
Vehicle Owners to view violation images and videos.
6. REDSPEED will establish a demand deposit account bearing the title, "PHOTO
ENFORCEMENT PROGRAM." All funds collected on behalf of GOVERNING BODY,
excluding the Fees, will be deposited in this account and transferred by wire on or about
the 151h calendar day of the month to a bank account identified by GOVERNING BODY.
7. REDSPEED will design, fabricate, install, obtain permits for, and maintain the RLPE
System at each monitored approach agreed upon between the Parties.
8. REDSPEED or its subcontractors will be responsible for any costs associated with
building, construction, electrical, street use, and/or pole attachment permits.
9. REDSPEED will assign a project manager who will serve as the liaison between
GOVERNING BODY and REDSPEED. Except as prohibited by applicable law,
GOVERNING BODY reserves the right to request a new project manager.
pg. 10 of 15
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10. REDSPEED will provide each Traffic Infraction Enforcement Officer with access to
RedCheck, for the purposes of reviewing each potential violation within five (5) days of
gathering Motor Vehicle Owner identification information pertaining to the potential
violation, but in any event no longer than fifteen (15) days after the potential violation
occurs.
11. REDSPEED hereby acknowledges and agrees that the decision to issue a Notice of
Violation will be the sole, unilateral, and exclusive decision of GOVERNING BODY's
Traffic Infiraction Enforcement Officers as required by applicable law.
12. REDSPEED will configure RedCheck so that it applies an electronic signature to each
Notice of Violation when authorized to do so by an approving Traffic Infraction
Enforcement Officer.
13. Subject to GOVERNING BODY naming REDSPEED as its agent for this purpose,
REDSPEED will obtain in -state and out-of-state vehicle registration information necessary
to issue Notices of Violation.
14. REDSPEED will provide an on-line adjudication processing module, which will enable
GOVERNING BODY's hearing officer to review cases, related images, correspondence,
and other related information required to adjudicate disputed Notices of Violation.
15. If requested by GOVERNING BODY, REDSPEED will, at its expense, provide and/or
train GOVERNING BODY with an expert witness able to testify in administrative
proceedings and in court on matters relating to the accuracy, technical operations, and
effectiveness of the RLPE System.
16. If damage to the RLPE System is caused by negligence on the part of GOVERNING
BODY or its authorized agent(s), REDSPEED will provide GOVERNING BODY an
estimate of the cost of repair. Upon authorization to proceed with the repairs or
replacement, REDSPEED will replace or repair any damaged equipment and invoice
GOVERNING BODY for the pre -approved repair cost. REDSPEED will bear the cost to
replace or repair equipment damaged in all other circumstances.
17, REDSPEED will provide a toll -free, GOVERNING BODY -specific help line to help
GOVERNING BODY resolve any problems encountered regarding the RLPE System
and/or Notice of Violation processing. The help line will function during normal business
hours.
18. Unless otherwise required by law, REDSPEED will be under no obligation to retain non -
violation RLPE System video any longer than fourteen (14) business days.
19. REDSPEED will charge, collect, and retain convenience fees (the "Convenience Fees")
for each electronic or lockbox credit card payment. Convenience Fees will be paid by
Motor Vehicle Owners. GOVERNING BODY will not receive any portion of the
Convenience Fees. GOVERNING BODY assumes no liability, responsibility, or control
for the Convenience Fees sought by REDSPEED.
pg. 11 of 15
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SECTION 2 (GOVERNING BODY OBLIGATIONS)
I. Within seven (7) business days of the Effective Date, GOVERNING BODY will provide
REDSPEED with the name and contact information for a project manager who will be
responsible for coordinating GOVERNING BODY's obligations under this Agreement.
2. Within seven (7) business days of the Effective Date, GOVERNING BODY will provide
REDSPEED with the name(s), contact information, and electronic signature(s) of its
authorized Traffic Infraction Enforcement Officers.
3. In connection with REDSPEED's installation of the RLPE System, GOVERNING BODY
will endeavor to approve or reject all plans and issue all needed permits in an expedited
manner. GOVERNING BODY will allow REDSPEED to build needed infrastructure in
existing GOVERNING BODY owned easement as necessary and only after required
permits have been approved. If the use of private property right of way is needed in
connection with the installation of the RLPE System, GOVERNING BODY will assist
REDSPEED in acquiring pennission to build in existing utility easements as necessary.
Any additional cost for private property right of way lease/rental costs will be borne by
REDSPEED. REDSPEED reserves the right to not install on private property if the costs
are unreasonable.
4. GOVERNING BODY's Traffic Infraction Enforcement Officer(s) will approve or reject
each potential violation, in accordance with applicable law, within five (5) business days
of its appearance in RedCheck.
5. GOVERNING BODY will handle inbound and outbound phone calls and correspondence
from Motor Vehicle Owners who have questions about dispute, and other issues relating
to the RLPE System. GOVERNING BODY may refer Motor Vehicle Owners with
questions regarding REDSPEED or the RLPE System to websites and/or toll -free
telephone numbers provided by REDSPEED for that purpose.
6. GOVERNING BODY will provide REDSPEED reasonable access to controlled
intersections and grade crossings using the RLPE System for the purpose of enabling
REDSPEED to conduct inspection, maintenance and repair.
7. At all times during the Term, GOVERNING BODY will maintain an ordinance ensuring
that its use of the RLPE System complies with applicable law.
8. GOVERNING BODY hereby acknowledges and agrees that the decision to issue a Notice
of Violation will be the sole, unilateral and exclusive decision of its Traffic Infraction
Enforcement Officers as required by applicable law.
pg. 12 of 15
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EXHIBIT B
SERVICE FEES
1. GOVERNING BODY will pay the following fees (collectively, "Fees") to REDSPEED:
a. A monthly fee of $1499.00 for each camera used in connection with the RLPE system.
This cost includes routine inspection, maintenance, and repair.
b. A fee of $5.99 for each of the following services:
i. Digital capture, download and review of violation evidence (including three
pictures and a 12 second video clip including the entire yellow light cycle when
applicable);
ii. Motor Vehicle Owner name and address retrieval associated with processing
Notices of Violation (utilizing Secretary of State, United States Postal Service or
another third -Party database)
iii. Letter handling services, including postage and color printing;
iv. Payment processing services, including check and credit card processing at the
lock box, online, over the phone or during administrative hearings;
v. Customer services, including GOVERNING BODY -specific toll -free number,
call center hearing scheduling, live operator support, and e-mail support; and
vi. Digital evidence archival service as may be required by the Local Records Act
(50 ILCS 205/1 et seq).
The foregoing notwithstanding, no service fee(s) will be charged under subsection (i) and
(ii) above where potential violations are not approved by GOVERNING BODY or where
no Notice of Violation is issued for any of the following reasons as identified in
RedCheck:
• Safe Turn on Red;
• Authorized Emergency Vehicle;
• Blurred License Plate Image;
• License Plate Not Found;
• Officer Controlled Intersection;
• No Video Clip;
• Uncontrollable Conditions;
• Blurred Video Clip;
• Funeral Procession;
• Undercover Police Vehicle; or
pg. 13 of 15
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• UTC Issued.
c. A fee of $150.00 to process requests for archival video exceeding ten (10) minutes in
length.
d. A monthly fee of $100.00 for each Automatic License Plate Recognition (ALPR)
enabled camera if installed and enabled.
2. If a camera is Inactive (including but not limited to vandalism, acts of God, road sensor damage
and equipment malfunction), except if the electricity to the intersection is non -operational
and/or the traffic control signals are non -operational in which case no downtime credit shall
be issued, the following shall be applicable:
A $50.00 credit shall be given to the GOVERNING BODY for each day the camera is
inactive up to fourteen (14) calendar days; and
If the camera is inactive for more than fourteen (14) calendar days, then the entire monthly
camera fee of $1,499.00 shall be waived.
3. GOVERNING BODY will receive a statement and invoice by the 15`h of every month
identifying for the prior month: (a) the total amount collected by REDSPEED from
GOVERNING BODY's use of the RLPE System, (b) the total amount of Fees paid to
REDSPEED, and (c) the net amount owed to GOVERNING BODY.
4. Collection of delinquent payments will be GOVERNING BODY's sole responsibility and
expense.
5. All necessary electrical and high-speed internet services to the RPLE System will be the sole
responsibility and expense of REDSPEED.
6. The Parties acknowledge that the fee structure set forth in this Exhibit B complies with all
applicable State laws.
Non -Productive Cameras
If REDSPEED and GOVERNING BODY mutually agree that a RPLE system at a specific
intersection is not economical and/or has achieved the desired safety goals, a new location will be
mutually selected and the RPLE system will be relocated at No Cost to the GOVERNING BODY.
If no alternative enforcement location is mutually agreed upon for the removed RPLE System, the
GOVERNING BODY will advise REDSPEED in writing and the RLPE System will be removed
by REDSPEED within thirty (30) calendar days of REDSPEED's receipt of the written notice.
The monthly camera fee billing for the RLPE System will stop immediately upon receipt of the
written notice.
Cost Neutrality
Notwithstanding any other provision of this Agreement to the contrary, except for paragraph 5.c
and the Non -Productive Cameras paragraph, if any monthly invoice for compensation owed to
pg. 14 of 15
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REDSPEED from GOVERNING BODY exceeds the amount of fine payments collected for that
invoice month, the balance owed to REDSPEED will be carried over and paid by GOVERNING
BODY in the following invoice month. GOVERNING BODY will only pay applicable
REDSPEED Service Fees from funds collected from Red -Light Citation fine payments up to the
Service Fee amount currently due.
Cost Neutrality is assured to the GOVERNING BODY as the GOVERNING BODY shall never
be required to pay REDSPEED an amount higher than the actual fine amount collected.
pg. 15 of 15