CM-2016-1086 - 4/15/2016TERMINATION PLAN BETWEEN THE CITY OF ROUND ROCK
AND REDLFEX TRAFFIC SYSTEMS, INC.
This Termination Plan ("Termination Plan") between the City of Round Rock (the "C' A and
flex.Traffic Systems Inc. ("Redflex") (collectively, the "Parties") is effective thio_ day of
2016 ("Effective Date").
RECITALS
A. The City and Redflex entered into the Agreement Between the City of Round Rock.
Texas and Redflex Traffic Systems Inc. for Digital Photo Red Light Enforcement System
and Program on May 26, 2011 (the "Agreement");
B. On October 8, 2015, the City notified Redflex that it was terminating the Agreement for
convenience pursuant to § 11.1 under the Agreement;
C. Termination of the Agreement became effective on December 31, 2015 (the
"Termination Date"); and
D. The City and Redflex wish to outline the Termination Plan as outlined in Section 5. 15.1
of the Agreement.
The Parties agree as follows:
TERMS AND CONDITIONS
1. Definitions: This Termination Plan incorporates by reference definitions contained in
Section 1 of the Agreement.
2. Survival: All provisions of the Agreement that survive termination, as outlined in § 11.5
of the Agreement, as well as all Procedures Upon Termination, as outlined in § 11.4 and
Project Termination Plan in § 5.15, remain in full force and effect except as expressly
modified below.
3. Termination Plan Timeline: The Parties shall adhere to the following timeline:
— Designated Intersection Approaches Deactivation and Removal:
■ Deactivate cameras: 12/31/2015
■ Remove construction equipment and restore site to original state:
2/29/2016
— Violation Processing:
■ Last date to process violations: 12/31/2015
■ Last invoice: 12/31/2015
■ Last date for Apple Mobile Approach Locator Application:
12/31/2015
■ Last date to print First Notices: 1/15/2016
■ Redflex to remove DMV configuration for NLETS: 1/31/2016
■ Last date to process nominations: 2/29/2016
■ Last date to process address changes: 2/29/2016
■ Last date to print Nominations: 2/29/2016
elM -2- C /� - / 0 � 4,
■ Last date to print Second Notices: 3/31/2016
■ Last date to print Default Notices: 3/31/2016
■ Last date to print Rejected Payment Letters: 5/31/2016
■ Last date to print Insufficient Funds Notices: 5/31/2016
■ Last date for Lockbox to accept payments: 6/30/2016
■ Last date for all Huntington bank accounts related to this
Agreement to remain open: 6/30/2016
■ Last date for Call Center assistance: 6/30/2016
— Commencing on 7/1/2016, the Call Center will defer
citizen inquiries to the Round Rock Police Department at
(512) 218-5500
■ Last date for Redflex's Collection efforts: 6/30/2016
■ Last date for citizens to access Photonotice.com: 6/30/2016
■ Last date to produce Court Evidence Packages: 7/31/2016
■ Last date for City Personnel, including police and court employees,
to access to web based applications: 7/31/2016
Upon termination of Redflex's Collection efforts on 6/30/2016, City may
at its sole discretion continue to pursue Collection efforts and shall not be
required to remit any proceeds from said Collection efforts to Redflex.
Records Retention and Data Transfer: Redflex's Records Retention
responsibilities and the transfer of the City's data and records ("Data
Transfer") will be managed in accordance with Section 5.15.2 of the
Agreement.
■ Last date for City to request Data Transfer, in writing, from
Redflex: 7/1/2016
■ Data Transfer: 7/31/2016, if requested by the City.
■ Last date for Records Retention: 7/31/2016
If the City does not wish to receive its data and records from Redflex, then
the City shall indemnify and defend Redflex against any claims regarding
the destruction or purging of data or records under this Termination Plan
and the Agreement.
4. Governing Law: Any dispute arising out of or in connection with this Termination Plan
shall be governed by and construed in accordance with the laws of the State of Texas.
5. Counterparts: This Termination Plan may be executed in two (2) or more counterpart
copies, all of which counterparts shall have the same force and effect as if all parties
hereto had executed a single copy of this Termination Plan.
6. Entire Agreement: This Termination Plan constitutes the entire agreement of the Parties
and supersedes any other written or oral understandings, statements, representations or
agreement. The Parties may amend this Termination Plan by separate written agreement
of the City and Redflex.
"City"
CITY OF ROUND ROCK, TEXAS
By:
Nan
Titl(
Dat(
"Redflex"
REDFLEX
C� By._
Name: Michael R. Fi
Title: President/CEO
Date:
SYSTEMS, INC.
3130
City of Round Rock
IOUND ROCK
XA5 Agenda Item Summary
Agenda Number:
Title: Consider terminating agreement with Redflex Traffic Systems, Inc.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/15/2016
Dept Director: Susan Morgan, CFO
Cost:
Indexes:
Attachments: LAF RedFlex Termination - 4.15.16
Department: Finance Department
Text of Legislative File CM -2016-1086
Consider terminating agreement with Redflex Traffic Systems, Inc.
The City of Round Rock is terminating the Agreement entered into with Redflex Traffic Systems, Inc.
(Redflex) for a Digital Photo Red Light Enforcement System. The City notified Redflex of the termination
on October 8, 2015, pursuant to § 11.1 under the Agreement. The Termination Plan Between the City of
Round Rock and Redflex requires City Manager approval for it to be effective.
Staff Recomments Approval
City of Round Rock Page 1 Printed on 411412016