Case: 1:19-cv-00611-SJD Doc #: 1 Filed: 07/25/19 Page: 1 of 14 PAGEID #: 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
JEFFERY PHILLIPS, WAYNE COTTRELL,
DENISE SMITH, and EMILY HAUKE
individually, and on behalf of those similarly
situated,

CASE NO.

19-cv-611

JUDGE:
MAGISTRATE JUDGE:

Plaintiffs,

PLAINTIFFS’ CLASS ACTION
COMPLAINT FOR DAMAGES

v.
VILLAGE OF NEW RICHMOND, OHIO,
and DATA TICKET, INC.,

JURY DEMAND ENDORSED
HEREON

Defendants.

Plaintiffs JEFFERY PHILLIPS, WAYNE COTTRELL, DENISE SMITH, and EMILY
HAUKE (collectively, “Plaintiffs”), individually, and on behalf of all others similarly situated, by
and through Counsel at DANNLAW and ZIMMERMAN LAW OFFICES, P.C., and complain
against Defendants VILLAGE OF NEW RICHMOND, OHIO (“Village”) and DATA TICKET,
INC. (“DTI”), as follows:
PARTIES
1.

Plaintiff Jeffery Phillips is an adult presently residing in New Richmond, Ohio in

Clermont County, Ohio.
2.

Plaintiff Wayne Cottrell is an adult presently residing in Moscow, Ohio in Clermont

County, Ohio.
3.

Plaintiff Denise Smith is an adult presently residing in Amelia, Ohio in Clermont

County, Ohio.
4.

Plaintiff Emily Hauke is an adult presently residing in New Richmond, Ohio in

Clermont County, Ohio.

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5.

Defendant Village of New Richmond, Ohio is an Ohio municipality with a principal

location of 102 Willow Street, New Richmond, Ohio 45157. The Village is a “person” under 42
U.S.C. § 1983, and at all times relevant to this case acted under color of law.
6.

Defendant Data Ticket, Inc. is a corporation incorporated under the laws of the

State of California, with its principal place of business located at 2603 Main Street, Suite 300,
Irvine, California 92614. DTI is not registered to do business with the Ohio Secretary of State.
DTI advertises that it “help[s] cities, counties, universities, colleges, and other agencies with
records management and payment collection on outstanding debts. A California company, serving
our clients since 1989, we work with our clients to tailor solutions to meet their specific needs.
Reach out to see how we can help.” See Data Ticket, Inc., DATA TICKET INC., available at:
www.dataticket.com/home.html (last visited July 22, 2019).
7.

DTI also “helps” municipalities collect tickets, such as those issued by the Village,

through its website, www.citationsprocessingcenter.com. DTI “helps” the Village by maintaining
the Citations Processing Center – New Richmond, which is a collection P.O. Box in Beverly,
Massachusetts.
8.

Each Plaintiff has been assessed civil penalties as a result of the operation of the

automated traffic enforcement system in the Village, which was not authorized pursuant to R.C.
§ 4511.10.
JURISDICTION AND VENUE
9.

Jurisdiction of claims is conferred by 28 U.S.C. §§ 1331 and 1343, as this action

seeks redress for the deprivation of rights secured by the United States Constitution.
10.

The Court has supplemental jurisdiction over Plaintiffs’ state court claims pursuant

to 28 U.S.C. § 1367. Pursuant to R.C. § 2721.02(A), this Court is authorized to grant the relief

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sought, and declare rights, status, and other legal relations whether or not further relief is or could
be claimed.
11.

Venue lies in this District pursuant to 28 U.S.C. § 1391(b), as a substantial portion

of the events that form the basis of this Complaint occurred in the District, and Defendants
conducted activity that gave rise to the claim for relief in the District.
STATEMENT OF FACTS
12.

Like many Ohio municipalities that have struggled to obtain fiscal solvency due to

the ongoing reductions in disbursements from the Local Government Fund from the State of Ohio,
the Village decided in 2018 to explore the possibility of installing automated traffic enforcement
systems (“speed cameras”).
13.

The Village first read Ordinance 2018-14 “AN ORDINANCE AUTHORIZING

THE ENACTMENT OF A VILLAGE SPEED CAMERA ENFORCEMENT PROGRAM AND
A CONTRACT WITH SENSYS GATSO USA, INC., WITH RESPECT TO SUCH PROGRAM”
(“Ordinance 2018-14”) during the Village’s June 25, 2018 Council meeting. See Ordinance 201824, attached hereto as Exhibit 1.
14.

The Village adopted Ordinance 2018-14 on July 24, 2018. Id.

15.

Ordinance 2018-14 was enacted for the purpose of installing automated speed

cameras on U.S. Highway 52, which runs through the municipal limits of the Village.
16.

U.S. Highway 52 is a highway under the jurisdiction of the Ohio Department of

Transportation (“ODOT”).
17.

On July 20, 2018—four days before the Village adopted Ordinance 2018-14—

ODOT sent a letter to the Village Administrator explicitly informing the Village that “The Director
[of ODOT] has determined to . . . not permit placement of speed enforcement cameras or related

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signage in ODOT right of way or on ODOT owned structures.” See July 20, 2018 Letter from
ODOT (“July Letter”), attached hereto as Exhibit 2.
18.

On September 11, 2018, ODOT sent the Village a second letter regarding, inter

alia, permanently affixed speed cameras. See September 11, 2018 ODOT Letter (“September
Letter”), attached hereto as Exhibit 3. Specifically, the September Letter stated that, under Ohio
law, fixed speed cameras require ODOT approval, and that ODOT “will not be granting permits
for fixed [speed] cameras within ODOT rights of way. See id. Moreover, the September Letter
stated that “any current installation must be removed by the [Village] on or before September 30,
2018.” See id.
19.

On September 11, 2018, the same day that ODOT sent the Village the September

Letter, the Village Council met for a Village Council meeting. During that meeting, the Village
Administrator notified the Village Council that, despite the fact that both the June Letter and
September Letter explicitly stated that ODOT would not permit fixed speed cameras on ODOT
rights of way within the Village, ODOT “would allow signage in the right of way.” See Council
Meeting Notes, attached hereto as Exhibit 4.
20.

Further, in Spring 2019, despite ODOT’s repeated statements prohibiting the

installation of fixed speed cameras, Defendants installed two permanently-affixed speed cameras
on Village-owned utility poles within municipal limits of the Village: 1) at the intersection of U.S.
Highway 52 and Front Street (“Front St. Camera”), and 2) near the intersection of U.S. Highway
52 and Adamson (“Adamson Camera”) (collectively, with the Front St. Camera, the “Speed
Cameras”). Both Speed Cameras recorded alleged speed limit violations on U.S. Highway 52.

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21.

Between May 1, 2019 and May 31, 2019, Defendants issued “warnings” for alleged

speed limit violations captured by the Speed Cameras. The warnings did not fine alleged violators
any amount, but instead warned the registered owner of the vehicle of the alleged violation.
22.

Beginning June 1, 2019, Defendants began issuing citations for alleged speed limit

violations using the Speed Cameras (“Citations”).
23.

However, Defendants did not obtain authorization from the Director of ODOT to

install the Speed Cameras, as required by R.C. § 4511.10. Thus, all of the Citations are invalid.
24.

On July 1, 2019, Plaintiff Phillips received a Citation from Defendants notifying

him that the Adamson Camera had recorded an alleged speed limit violation on June 25, 2019, for
allegedly traveling 64 m.p.h in a 50 m.p.h. zone. A copy of Phillips’s Citation is attached hereto
as Exhibit 5.
25.

Phillips’ Citation imposed a fine in the amount of $85.00. The Citation issued to

Phillips states that payment is due by July 31, 2019. Phillips has not paid the Citation.
26.

On July 1, 2019, Plaintiff Cottrell received a Citation from Defendants notifying

him that the Adamson Camera had recorded an alleged speed limit violation on June 27, 2019 for
allegedly traveling 62 m.p.h. in a 50 m.p.h. zone. A copy of Cottrell’s Citation is attached as
Exhibit 6.
27.

Cottrell’s Citation imposed a fine in the amount of $85.00. The Citation issued to

Cottrell states that payment is due by July 31, 2019. Cottrell has not paid the Citation.
28.

On July 1, 2019, Plaintiff Smith received a Citation from Defendants notifying her

that the Adamson Camera had recorded an alleged speed limit violation on June 1, 2019, for
allegedly traveling 61 m.p.h. in a 50 m.p.h. zone. A copy of Smith’s Citation is attached as Exhibit
7.

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29.

Smith’s Citation imposed a fine in the amount of $85.00. The Citation issued to

Smith states that payment is due by July 31, 2019. Smith has not paid the Citation.
30.

On June 27, 2019, Plaintiff Hauke received two Citations from the Defendants. The

first Citation from the Defendants notified her that the Adamson Camera had recorded an alleged
speed limit violation on June 4, 2019, for traveling 62 m.p.h. in a 50 m.p.h. zone. The second
Citation from the Defendants notified her that the Adamson Camera had recorded an alleged speed
limit violation on June 6, 2019, for traveling 63 m.p.h. in a 50 m.p.h. zone. A copy of Hauke’s
Citations are attached as Exhibit 8.
31.

Hauke’s Citations each imposed a fine in the amount of $85.00, or $170.00 total.

Each of the Citations issued to Hauke states that payment is due by July 27, 2019. Hauke has not
paid either Citation.
32.

On July 18, 2019, the Clermont Sun published an article titled “New Richmond

Suspends Speed Camera Program.” The article contains non-refuted information that, since the
Speed Cameras were installed, Defendants issued 621 Citations in June 2019.
CLASS ACTION ALLEGATIONS
33.

Class Definition: Plaintiffs bring this action pursuant to Federal Rule of Civil

Procedure 23(b)(3), on behalf of themselves and a nationwide class of similarly situated
individuals (the “Class”), defined as follows:
All persons who were issued a citation from either the Front St. Camera or
the Adamson Camera for allegedly traveling in excess of the posted speed
limit on and after June 1, 2019.
34.

Plaintiffs propose to represent a subclass of individuals and entities (“Subclass 1”),

defined as follows
All persons who were issued a citation from either the Front St. Camera or
the Adamson Camera for allegedly traveling in excess of the posted speed

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limit on and after June 1, 2019, and who paid any fines, penalties, fees, or
other charges in relation to the citation.
35.

Plaintiffs additionally propose to represent a subclass of individuals and entities

(“Subclass 2”), defined as follows:
All persons who were issued a citation from either the Front St. Camera or
the Adamson Camera for allegedly traveling in excess of the posted speed
limit on and after June 1, 2019, and who have not paid any fines, penalties,
fees, or other charges in relation to the citation.
36.

Excluded from the Class, Subclass 1, and Subclass 2 are: (1) Defendants,

Defendants’ agents; (2) the Judge to whom this case is assigned and the Judge’s immediate family;
(3) any person who executes and files a timely request for exclusion from the Class; (4) any
persons who have had their claims in this matter finally adjudicated and/or otherwise released; and
(5) the legal representatives, successors and assigns of any such excluded person.
37.

On information and belief, the proposed Class and Subclasses consist of hundreds

of individuals. Therefore, the Class and Subclasses are so numerous and dispersed that joinder is
impracticable. The exact number of Class and Subclass members is presently unknown, can only
be ascertained through discovery, and can easily be identified through Defendants’ records or by
other means.
38.

All members of the Class and Subclasses have been subject to and affected by a

uniform course of conduct committed by Defendants: specifically, receiving at least one automated
speed enforcement Citation from either the Front St. Camera or the Adamson Camera, for
allegedly traveling in excess of the posted speed limit, despite the fact that neither Speed Camera
was permitted to be installed by ODOT. There are questions of law and fact common to the
proposed Class and Subclasses that predominate over individual questions. These include, but are
not limited to, the following:

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39.

a.

Whether the Front St. Camera and/or the Adamson Camera were installed
and operated in violation of R.C. § 4511.10;

b.

Whether the Village denied Plaintiffs and Class members their rights
protected by the United States Constitution;

c.

Whether the Village denied Plaintiffs and Class members their rights
protected by the Ohio Constitution;

d.

Whether Defendants have been unjustly enriched by collection and
retaining the penalties, fees, and other charges that have been paid by
Plaintiffs and members of the Class and Subclass 1;

e.

Whether Defendants should be ordered under principles of equity to
disgorge all payments made to them by Plaintiffs and members of the Class
and Subclass 1; and

f.

Whether Defendants should be ordered under principles of equity to dismiss
with prejudice all tickets issued to all members of the Class, Subclass 1, and
Subclass 2.

In all relevant respects, Plaintiffs are typical of those of the Class members in that

Plaintiffs, like the other members of the Class, were improperly issued Citations for alleged speed
violations from the Speed Cameras.
40.

Plaintiffs will adequately protect the interests of the Class, and do not have any

interests adverse to the Class.
41.

With the help of qualified counsel who are experienced in such litigation, Plaintiffs

are capable of adequately representing the Class for any and all purposes in that Plaintiffs, like the
other members of the Class, received Citations from the Speed Cameras, which were not approved
by ODOT, as is required by Ohio law.
42.
controversy.

A class action is the superior method for fairly and efficiently adjudicating the
The prosecution of separate actions creates a risk of inconsistent or varying

judgments that would establish incompatible standards of conduct. Further, the expense and

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burden of litigation would make it impractical or impossible for proposed Class and Subclass
members to prosecute their claims individually.
COUNT ONE:
(DUE PROCESS VIOLATION, 42 U.S.C. § 1983; ATTORNEY’S FEES, 42 U.S.C. § 1988)
(On behalf of the Class, Subclass 1, and Subclass 2, and against the Village)
43.

Plaintiffs restate and incorporate all of their statements and allegations contained in

paragraphs 1 through 42, in their entirety, as if fully rewritten herein.
44.

At all relevant times, there was in full force United States Code, Title 43, Section

1983. Section 1983 provides that: “every person who, under color of [law] of any State . . .
subjects, or causes to be subjected, any [person] to the deprivation of any rights . . . secured by the
Constitution and laws, shall be liable to the party injured in an action at law . . . .” 42 U.S.C.
§ 1983.
45.

The Fourteenth Amendment of the United States Constitution provides that no state

shall “deprive any person of life, liberty, or property, without due process of law.”
46.

The Village has an unconstitutional policy, practice, and custom of using automated

traffic enforcement systems—that were installed, maintained, and operated without permission
from ODOT—to issue Citations imposing civil penalties.
47.

R.C. § 4511.093(A) provides, “A local authority may utilize a traffic law photo-

monitoring device for the purpose of detecting traffic law violations.”
48.

R.C. § 4511.097(A) provides, “A traffic law violation for which a ticket is issued

by a local authority [at a time subsequent to the violation] is a civil violation.”
49.

R.C. § 4511.10 provides, “The department of transportation may place and maintain

traffic control devices . . . upon all state highways . . . . No local authority shall place or maintain

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any traffic control device upon any highway under the jurisdiction of the department except by
permission of the director of transportation.”
50.

The Village’s conduct as described herein violates 42 U.S.C. § 1983 because the

Village, under color of statutes, ordinances, regulations, customs, and usages of the State of Ohio,
deprived Plaintiffs and members of Class and Subclasses of their property without due process of
law by issuing Citations for alleged violations recorded by the Front St. Camera and the Adamson
Camera, without proper authorization from the Ohio Dept. of Transportation.
51.

There exists no adequate post-deprivation remedy for Plaintiffs and the members

of Class because Defendants continue to seek enforcement of the Citations.
52.

As a direct and proximate result of such wrongful actions, as described herein,

Plaintiffs and members of the Class and Subclasses were deprived of their right to due process.
53.

Pursuant to 42 U.S.C. § 1983, Plaintiffs and members of the Class and Subclass 1

are entitled to recover compensatory and punitive damages for the Village’s violations of their
Fourteenth Amendment rights.
54.

Plaintiffs and members of the Class and Subclasses are entitled to recover

reasonable attorneys’ fees, pursuant to 42 U.S.C. § 1988.
COUNT TWO:
(DECLARATORY JUDGMENT - VIOLATION OF OHIO CONSTITUTION)
(On behalf of the Class, Subclass 1, and Subclass 2 and against the Village)
55.

Plaintiffs restate and incorporate all of their statements and allegations contained in

paragraphs 1 through 42, in their entirety, as if fully rewritten herein.
56.

Section 6, Article 1 of the Ohio Constitution guarantees that every person injured

in its lands, goods, person, or reputation shall have remedy by “due course of law”.

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57.

The decision of the Mayor, City Council, Village Administration and Police Chief

of New Richmond whether intentional, negligent, or otherwise to allow Citations to be written
from the Speed Cameras and enforce those Citations when neither Speed Camera was authorized
by ODOT violates the Ohio Constitution’s guarantee of “due course of law” by providing improper
Citations which impose penalties, fines, and other penalties upon Plaintiffs, all members of the
Class and Subclasses in excess of what is statutorily enforceable.
58.

Pursuant to R.C. § 2721.02, Plaintiffs and members of the Class, Subclass 1, and

Subclass 2 are entitled to a declaration that all Citations issued related to alleged speed limit
violations recorded by either Speed Camera are invalid and unenforceable.
59.

The current administrative procedures maintained by Defendants violate “due

course of law” because they do not provide a recourse for an improper Citation that imposes
penalties, fines, and other fees upon Plaintiffs and Class and Subclass members in excess of what
is statutorily enforceable. Plaintiffs and Class and Subclass members have no meaningful
procedure for notice and opportunity to challenge the Citations.
COUNT THREE:
(EQUITABLE RESTITUTION)
(On behalf of the Class and Subclass 1, and against Defendants)
60.

Plaintiffs restate and incorporate all of their statements and allegations contained in

paragraphs 1 through 42, in their entirety, as if fully rewritten herein.
61.

The Citations issued to Plaintiffs and Class and Subclass members for alleged speed

limit violations issued by Speed Cameras that were not permitted by ODOT violates Ohio Law.
Therefore, the Citations are invalid and unenforceable.
62.

Upon information and belief, Defendants have received thousands of dollars in

revenue by issuing the Citations to Plaintiffs and Class and Subclass members.

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63.

Plaintiffs and all members of the Class and Subclass 1 have been adversely affected

by the issuance of Citations though the payment of the civil penalties, late fees, collection fees,
and interest thereon.
64.

Defendants improperly collected money from Plaintiffs and members of the Class

and Subclass 1 for invalid tickets.
65.

As a result, Defendants have been unjustly enriched.

66.

Defendants have received a benefit which it would be unconscionable for them to

67.

The Village is not entitled to sovereign immunity as suits seeking the return of

retain.

funds wrongfully collected or held by governmental actors may be maintained in equity.
68.

Ohio law permits a Plaintiff and Class and Subclass members to obtain a refund of

money that a governmental agency has collected, and correct the unjust enrichment by Defendants.
69.

Defendants should not be permitted to unjustly retain the penalties, fees, and other

charges that have been paid by Plaintiffs and members of the Class and Subclass 1. Equity requires
that Defendants be ordered to disgorge all such payments made to them and to those acting on
their behalf by Plaintiffs and members of the Class and Subclass 1, plus interest.
COUNT FOUR
(CIVIL CONSPIRACY)
(On behalf of the Class, Subclass 1, and Subclass 2, and against all Defendants)
70.

Plaintiffs restate and incorporate all of their statements and allegations contained in

paragraphs 1 through 42, in their entirety, as if fully rewritten herein.
71.

Under Ohio law, the elements of civil conspiracy are (1) a malicious combination

of two or more persons; (2) causing injury to person or property; (3) the existence of an unlawful
act which is independent from the conspiracy itself; and, (4) damages. Gosden v. Louis, 687 N.E.2d
481, 496 (Ohio 1996).
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72.

In a malicious combination, DTI and the Village engaged in a civil conspiracy to

cause injury to Plaintiffs and Class and Subclass members by engaging in a common scheme to
generate revenue through the systematic issuance of the unlawful Citations.
73.

Through the fines collected from the Citations, DTI and the Village have injured

and caused Plaintiffs and Class and Subclass members to suffer economic and non-economic
damages as a direct and proximate cause of their malicious conspiring to issue the Citations.
74.

Defendants engaged in unlawful acts independent from the conspiracy by issuing

the Citations to Plaintiffs and Class and Subclass members, recorded by Speed Cameras that are
not permitted by Ohio law, misrepresenting that the Citations were enforceable, and collecting
money from Plaintiffs and Class and Subclass members from the Citations.
WHEREFORE, Plaintiffs Jeffery Phillips, Wayne Cottrell, Denise Smith, and Emily
Hauke, individually, on behalf of the Class, Subclass 1, and Subclass 2, respectfully request this
Court grant the following relief against Defendants:
A.

For a finding that this action satisfies the prerequisites for maintenance as a Class
Action and an Order certifying the Class, Subclass 1, and Subclass 2 as defined
herein;

B.

For an Order designating Plaintiffs as representatives of the Class, Subclass 1, and
Subclass 2 as defined herein;

C.

For an Order designating Plaintiffs’ Counsel as Class Counsel for the Class,
Subclass 1, and Subclass 2 as defined herein;

D.

For a declaration that all Citations issued to Plaintiffs, Subclass 1, and Subclass 2
members are invalid;

E.

For a declaration that all Citations issued to Plaintiffs, Subclass 1, and Subclass 2
members from the Speed Cameras are invalid;

F.

For an award of all amounts collected by the Defendants or their agents to be
returned to the Plaintiffs and Class and Subclass 1 members;

G.

For an award of punitive damages against Defendants;

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H.

For an award of attorney’s fees and costs, including interest thereon, as allowed or
required by law; and

I.

Such other and further relief as may be just and proper.
Respectfully submitted,
/s/ Marc E. Dann
Marc E. Dann (0039425)
Brian D. Flick (0081605)
Michael A. Smith, Jr. (0097147)
Dann Law
P.O. Box 6031040
Cleveland, OH 44103
Phone: (216) 373-0539
Facsimile: (216) 373-0536
notices@dannlaw.com
Thomas A. Zimmerman, Jr. (pro hac vice anticipated)
Nickolas J. Hagman (pro hac vice anticipated)
Zimmerman Law Offices, P.C.
77 W. Washington Street, Suite 1220
Chicago, Illinois 60602
Phone: (312) 440-0020
Facsimile: (312) 440-4180
firm@attorneyzim.com
Attorneys for Plaintiffs and the Class

JURY DEMAND
Plaintiffs hereby request a trial by jury on all issues so triable.
/s/ Marc E. Dann
Marc E. Dann (0039425)
Brian D. Flick (0081605)
Michael A. Smith, Jr. (0097147)
Dann Law

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ORDINANCE

2018- 14

VILLAGE OF NEW RICHMOND, OHIO
tiw

Council

for the Village

of

New Richmond,

Ohio

met

in

regular

session

this;\

day of

2018 with the following members present:
Richard

Feldkamp,

Mary

Melanie

Slade

Amanda Davidson,

Allen,

Paul Vanderbosch,

Gary Skeene

I

Councilperson ;

re 1

moved for adoption of the following:
U

AN ORDINANCE AUTHORIZING THE ENACTMENT OF A VILLAGE SPEED
CAMERA ENFORCEMENT PROGRAM AND A CONTRACT WITH SENSYS GATSO
USA, INC., WITH RESPECT TO SUCH PROGRAM
WHEREAS,
programs;

Ohio law allows municipalities to enact speed camera enforcement

and

WHEREAS,

speeding is one of the major causes of accidents, deaths, and injuries; and

WHEREAS,
speeding violations

studies show that speed cameras significantly reduce the number of
and crashes;

and

WHEREAS, traditional enforcement forces police officers to follow and stop a violator
in order to cite the violator, but traffic volume and safety considerations mean that police officers
can only apprehend a fraction of the violators, putting officers, motorists, and pedestrians at risk;
and

WHEREAS, the Village of New Richmond believes that use of speed cameras will help
prevent speeding and will benefit the public' s health, safety, and welfare as well as the health,
safety, and welfare of the residents and employees of the Village of New Richmond.

NOW, THEREFORE, BE IT RESOLVED, that the Council of the Village of New Richmond,
Ohio, with 5
of its members concurring:
Section

1:

Authorizes the enactment of a speed camera enforcement program to deter

speeding, red-light running, etc., and increase traffic safety within the Village of
New Richmond.

Section

2:

Does hereby authorize the Village Administrator and/ or Mayor on behalf of the
Village

to

execute

the

contract

with

Sensys

Gatso

USA,

Inc.,

attached hereto as

Exhibit " A" to install cameras at Village locations for the purpose of enforcing
speeding,

red-

light running,

etc.

EXHBIT 1

 Case: 1:19-cv-00611-SJD Doc #: 1-1 Filed: 07/25/19 Page: 2 of 14 PAGEID #: 16

Section 3:

That it is hereby found and determined that all formal actions of this Council
concerning and relating to the passage of this Resolution were taken in an open

meeting of this Board, and that all deliberations of this Council and any of its
committees that resulted in such formal action were taken in meetings open to the
in

public,

Revised

Councilperson

S.\(E

compliance

with

all

legal

requirements

including §

121. 22 of the Ohio

Code.

K1`Q,

seconded the motion to adopt the foregoing Ordinance and upon

roll call the vote was as follows:

Richard Feldkamp
Mary Allen
Paul Vanderbosch

fa
1.12

Melanie Slade

Davidson

Amanda

Gary

Skeene

r'

Q

First

Reading
Second Reading
Third Reading

Adopted:

It ,.à6--- 0('Z
1
1- 10 -

7

aM

kq

Date
ATTEST:

CLERK OF C

Ape

to

eyed .

NC L,

form

a

YOR, Ramona Carr

Kelly Painter

- eent:

1I)\

OLI

R, S

ott Sollmann

CERTIFICATION OF VILLAGE FISCAL OFFICER

I hereby certify that funds are available and have been lawfully appropriated, authorized
or directed for the purposes identified in the attached resolution, and are in the treasury or in the
process of(collection to the credit of the appropriate fund, free from any previous encumbrance.
Dated:

I"

R

A
Lynn) Baird, Village Fiscal Officer

 Case: 1:19-cv-00611-SJD Doc #: 1-1 Filed: 07/25/19 Page: 3 of 14 PAGEID #: 17

Customer
This Customer Agreement("

Agreement")

is

Agreement

made on

januery

0 1,

2019( the" Effective Date"),

between Sensys Gatso USA, Inc., a Delaware corporation with a principal business address at 900
Cummings Center, Suite 222- T,

Beverly, Massachusetts 01915(" Sensys Gatso") and the Village of New
Richmond, with a principal business address at 102 Willow St. New Richmond, OH. ( the" Village").

WHEREAS, the Village wishes to retain the technology and business services of Sensys Gatso to
provide an automated speed and red- light enforcement program as further defined in Section 3. 2 of this
Agreement(

the"

Services"),

as part of the Village' s automated traffic law enforcement program; and

WHEREAS, Sensys Gatso agrees to provide the Services, including the hardware and software to
provide and

implement

an automated

speed and red-

light

enforcement

system("

System"),

pursuant

to the

terms of this Agreement;

NOW THEREFORE, the parties mutually agree as follows:
1.

AGREEMENT

TERM;

TERMINATION

1. 1. Initial Term; Extensions. The Agreement shall commence on the Effective Date and continue for
a period of

five

year( s) (

the"

Initial Term").

Upon expiration of the Initial Term, the Agreement

will automatically renew for two subsequent two- year terms ( each a " Renewal Tenn" and,
collectively

with

the Initial

Term, the" Term"),

unless either party provides a written notice to

terminate not later than thirty ( 30) days prior to expiration of the then- current Initial Term or

Renewal Term. Renewal Terms are subject to renewal pricing which shall be mutually agreed
upon by the parties no less than sixty( 60) days prior to the expiration of the then-current Initial
Term or Renewal Term.

1. 2. Termination

By Agreement.
This Agreement may
written agreement of Sensys Gatso and the Village.

1. 3.

Termination

For Cause.

be terminated at any time by the mutual

Either party may terminate this Agreement for cause if: (a) the other

party has breached its obligations under this Agreement; ( b) applicable law is amended, or the
Ohio Department
of Transportation
adopts
a
rule
or
other requirement,
to prohibit
or

substantially restrict the operation of automated traffic law enforcement systems, including the

System being provided by Sensys Gatso; or( c) any court of competent jurisdiction rules that the
System, or other similar systems, violates applicable law or cannot otherwise be used to enforce

notices of violation or citations issued hereunder. The terminating party must provide thirty( 30)
days advance written notice to the other party of its intent to terminate, which notice must
include the

reasons

for the termination.

In the case of a breach of this Agreement, the notice

must provide the other party with an opportunity to cure the breach within thirty( 30) days after
receipt of the notice. No termination fee shall be required with respect to termination for cause

under this paragraph. Notwithstanding the foregoing, in the event of termination based upon( b)
or ( c) above, Sensys Gatso or the Village may suspend the System and all associated Services
immediately upon the effective date of such amendment or ruling, as applicable.

1. 4. Termination By the Village For Convenience. The Village may terminate this Agreement at any
time one ( 1) year after the System has become operational, at its convenience by giving written
notice to Sensys Gatso not less than sixty ( 60) days prior to the termination date. If the Village
terminates this Agreement for convenience at any time within the Initial Term, then the Village
P

a

EXHIBIT

I1

1

A

 Case: 1:19-cv-00611-SJD Doc #: 1-1 Filed: 07/25/19 Page: 4 of 14 PAGEID #: 18
A

must pay Sensys Gatso a fee in the amount of$ 520 per month per Fixed Location Enforcement
unit, as defined in Section 3. 2, for each month that remains in the Initial Term as of the Effective
Date

Termination,

or

as

defined in Section

1. 5 ( the " Termination

Fee").

The Termination

Fee

must be paid within thirty( 30) days after the Effective Date of Termination as defined in Section
1. 5. There is no Termination Fee if the Village terminates at the end of the Initial Term or
during any Renewal Term.

1. 5. Cessation of Activities Except Pending Violations. On the first day after the termination date or
expiration of

this

Agreement ("

Effective Date

of

Termination"),

the image

capture

activities

provided by Sensys Gatso under this Agreement shall cease immediately. Nevertheless, unless
otherwise prohibited by law, all photo- enforcement violations in process or captured prior to the
Effective Date of Termination, will continue until final disposition is reached on the violations

and Sensys Gatso will continue to provide Services related to the process leading to such
judgment, if any.
1. 6. Removal Of Hardware, Equipment; Restoration. Upon the termination of this agreement, Sensys

Gatso shall promptly retrieve all Fixed Location Enforcement units, as defined in Section 3. 2,
which retrieval shall be completed no later than forty-five ( 45) days after the Effective Date of
Termination.
The Village shall not charge any storage fees for any Speed or Red- Light
Enforcement units during this forty- five( 45) day period.

2.

COMPENSATION

2. 1.

Amount.

The Village shall pay to Sensys Gatso the following fee for the System and related

Services:

A " Per Citation Fee" of $37. 00 per paid citation for automated speed or red- light

enforcement

violations

detected by either a Fixed Location Enforcement

unit, as defined in

Section 3. 2.
2. 2.

Fee Payment.

2. 2. 1.

Invoicing.

Sensys Gatso shall provide an itemized statement to the Village

within ten ( 10) days of each infraction fees sweep from the Master Account to
the Village- designated account as described in Section 3. 13.

Each invoice shall

indicate the total amount collected and the revenue fee deducted by Sensys Gatso
from such amounts.
2. 2. 2.

Fees are Sole Compensation.

The fees required pursuant to this Section 2, shall

be Sensys Gatso' s sole compensation

for the Service described herein.

Except as

explicitly set forth herein, all costs and expenses associated with the supply,
installation, commissioning, operation, maintenance, repair, replacement, and
removal of the System and all related hardware and equipment shall remain the
responsibility

3.

of Sensys Gatso.

SCOPE OF WORK

3. 1.

Sensys Gatso Project Manager.
Village'

3. 2. The

s principal contact at

System.

Sensys Gatso will designate one Sensys Gatso employee as the

Sensys Gatso(" Sensys Gatso Project Manager").

The System provided by Sensys Gatso to the Village will consist of one ( 1) or

more fixed location speed or red- light enforcement

Page

12

units installed

at locations

as set forth in

 Case: 1:19-cv-00611-SJD Doc #: 1-1 Filed: 07/25/19 Page: 5 of 14 PAGEID #: 19

Section

3. 3 (

each

a"

Fixed

Location

Enforcement

unit"),

and all technology required for

violation package processing described herein.
3. 3. Location

of

Fixed

Location

Enforcement

Units.

Fixed Location Enforcement units will be

installed by Sensys Gatso on Village owned or controlled poles at the locations identified by the
Village

and agreed
in writing by Sensys Gatso.
The Village will provide Sensys Gatso with
access to such poles and electricity for operation of the Fixed Location Enforcement units on

such poles at no charge to Sensys Gatso. Each Fixed Location Enforcement unit installed on a
Village owned or controlled pole will remain installed in a single location for the Term. If no

Village owned or controlled pole is available at a location identified by the Village and agreed in
writing by Sensys Gatso, then Sensys Gatso shall be solely responsible for the installation,
including, but not limited to, construction
subject to the additional
3. 4

costs, of the Fixed Location Enforcement

units,

terms set forth in Exhibit A.

Signage.

If required by State legislation or local governing ordinance, Sensys Gatso will
provide and install signage at no cost to the Village informing inbound traffic that the Village
utilizes traffic law photo- enforcement devices to enforce traffic laws.
24- Hour Operation.

3. 5

continuous,

Sensys Gatso shall operate the server components of the System on a
24- hour basis, seven ( 7) days per week, except for reasonable scheduled and

unscheduled downtime, including System maintenance and repairs as set forth in Section 3. 6,
and Force Majeure as set forth in Section 5. 4.
3. 6

System

Maintenance;

Logs.

Repairs;

Sensys

Gatso

shall

maintain

the

System

and

shall

promptly repair or replace any damaged or defective equipment at its own expense except if the
damage

was caused

by

the negligence of the Village

personnel.

Sensys

Gatso

will perform

annual calibration of the Fixed Location Speed Enforcement units on an annual basis and shall

provide the Village with reports showing the results of the calibration testing, confirming that

the calibration is accurate. At least quarterly during the Term, the Village police personnel will
verify calibration of the Fixed Location Speed Enforcement units using a Sensys Gatso- supplied,
GPS-

enabled,

speed

sensor

box.

Sensys

Gatso

shall

perform

preventative

maintenance

and

cleaning of System components on a regularly scheduled basis, including review, cleaning and
testing of camera settings and operation, communications, and other System components.
Sensys Gatso will use commercially reasonable efforts to notify the Village and initiate repairs
to the System within seventy- two ( 72) hours after identification of any damage, defect, or

material issues relating to calibration or accuracy of speed measurement.
System

3. 7

Upgrades.

In the

event

Sensys

Gatso

makes

upgrades

to the

software

or related

performance capabilities of the System generally available to its customers, Sensys Gatso will
provide such upgrades without charge to the Village.
Village Personnel

3. 8

Training. Sensys Gatso will provide System training, including training
documentation, to Village personnel designated by the Village.

3. 9. Images and Data; Violation Package. Sensys Gatso will upload encrypted violation images and
violation
data to a Sensys Gatso server in a timely manner.
Sensys Gatso shall
correlate images and data with DMV records, and shall assemble the images and data into an

embedded

electronic

violation

package( a"

Violation Package")

in such a manner so as to allow the Village

to carry out those responsibilities set forth in Section 4. 3 of this Agreement.
3. 10.

Sensys Gatso shall process Violation Packages through a
Processing Of Violation Package.
system that utilizes commercially reasonable security protocols and that shall be accessible by
the Village' s Police

Department (" PD")

through the internet to review, and approve or reject,

each violation before a notice of violation is issued related to that violation. Sensys Gatso shall

Page

13

 Case: 1:19-cv-00611-SJD Doc #: 1-1 Filed: 07/25/19 Page: 6 of 14 PAGEID #: 20

notify the Village of the list of supported web browsers for accessing this system. Sensys Gatso
will use commercially reasonable efforts to process violation images and send a Violation
Package

to the PD for review

Sensys

Gatso shall provide

within

ten ( 10)

reasonable

business

days

aid and assistance

after the violation

in the prosecution

has occurred.

of citations

issued

hereunder, including the provision of fact witnesses, as may be required in a court or quasijudicial panel of competent jurisdiction,
3. 11. Notices

of

Violation.

at no charge to the Village.

After the Village' s review

and approval

of a violation

as set forth in

Section 4. 3, Sensys Gatso shall issue a notice of violation with images and data related to the

notice of violation by mail within ten( 10) days. The citation shall include images of the alleged
traffic law infraction

and shall

be in

a

form mutually

agreed upon

by

the parties.

The System

shall allow the registered owner or owners of a cited vehicle to review the images and data

related to the notice of violation, through the web- portal by using a unique identifier code issued
as part of the notice of violation. Additionally, Sensys Gatso will maintain a toll- free telephone
number for registered owners to discuss notices of violation and make payments, with hours of
8: 00

to

a.m.

5: 00 p. m.

(

Eastern) Monday through Friday, not including

state and federal

holidays. With respect to any registered owner who has not paid the citation within thirty days of

mailing of the notice of violation, Sensys Gatso shall send a 2"d notice, in a form mutually agreed
upon by the parties.
Collection

3. 12. Payment Methods;
owner or owners

a

of

cited

of

Infraction Fees.
the

vehicle

Sensys Gatso shall provide the registered

following

payment methods: "

pay

by

web," "

pay by

and" pay by mail" for the payment of notices of violation issued through the System.
Sensys Gatso may pass through to violators any reasonable credit card convenience fees imposed
upon Sensys Gatso by its suppliers for violations paid by credit card(" Credit Card Convenience
Fee").
Any registered owner that does not wish to pay the Credit Card Convenience Fee may
remit payment to Sensys Gatso by mail in the form of a money order or check drawn upon a U.S.
telephone,"

bank.

The Village shall have no obligation for the payment of any Credit Card Convenience

Fees.

3. 13. Deposit of Infraction Fees. Sensys Gatso will collect infraction fees from those who voluntarily

pay in response to notices issued by Sensys Gatso and shall place such fees in a separate account
with a
shall

banking

be

institution

established

in

approved

by

the Village (" Master

a manner which permits: (

Account").

The Master Account

a) funds to be swept to a Village- designated

bank account by Sensys Gatso; and ( b) and for the Village to have viewing rights to the Master
Account.

Sensys Gatso will sweep infraction fees collected from the Master Account to the

Village- designated bank account on or around the lst and the 15d' of each month, provided,

however, that Sensys Gatso shall deduct from each fund sweep amounts owed for Services
pursuant to Section 2. 2.

3. 14. Further Action by the Village. If a registered owner disputes responsibility for a violation and a
different violator is identified by the recipient of the notice of violation, then Sensys Gatso will
reissue the citation to that different violator within ten( 10) days after such identification
Packages.

3. 15. Storage Of Violation

Sensys Gatso will store all captured violation data and images

for three ( 3) years after final adjudication of such violation. The Village shall have reasonable

access to the Violation Packages during the storage period.
3. 16. NLETS

Requirements.

registration
System("

information

NLETS")

14

Sensys

Gatso or personnel

via the National

Law

reviewing

Enforcement

the vehicle

Telecommunications

on behalf of the Village shall comply with all applicable State of Ohio and

NLETS requirements.

Page

All authorized
obtained

 Case: 1:19-cv-00611-SJD Doc #: 1-1 Filed: 07/25/19 Page: 7 of 14 PAGEID #: 21

3. 17. Reports. Sensys Gatso shall provide to the Village functionality to run reports with regard to the
functioning of the System, including but not limited to the number of captured violations, the
number of violations sent for PD approval, the number of notices of violation issued, the number
of notices of violation paid, the aggregate amount paid regarding said notices of violation, the
number of contested notices of violation, the amount of scheduled and unscheduled downtime

of the System, and such other data as may be reasonably requested by the Village.
3. 18. Public

Awareness.

Sensys Gatso shall assist and support the Village' s efforts in public

education and awareness programs, by providing information including, but not limited to,
violation statistics and violation statistic improvements.

Sensys Gatso shall provide the Village

with a pamphlet that the Village may reproduce and distribute to the Village residents; such
pamphlet shall include a description of the operation of the System in non- technical terms.

3. 19. Insurance. Sensys Gatso shall, during the Term of this Agreement, maintain insurance coverage
in at least the minimum amounts set forth in this Section 3. 19.

3. 19. 1. Workers' Compensation and Employer' s Liability with limits not less than:
Workers'

Employer'

Compensation:
s

statutory

Liability:

500,000 ea. accident-injury
500, 000 ea. employee- disease

500, 000 disease- policy
This insurance shall provide that coverage applies to the State of Ohio

3. 19.2. Comprehensive Motor Vehicle Liability with limits for vehicles owned, non-owned, or
rented of not less than$ 1, 000, 000 Bodily Injury and Property Damage Combined Single
Limit.

3. 19.3. Comprehensive General Liability with limits not less than$ 1, 000,000 Bodily Injury and
Property Damage Combined Single Limit.
3. 19. 4. Umbrella

Liability with limits not less than $ 2, 000, 000 Bodily Injury and Property
Damage Combined Single Limit. This policy shall apply in excess of the limits stated in
3. 19. 1 through 3. 19. 3 above.

3. 19. 5. Sensys Gatso shall list the Village as an additional insured under all of the policies

described in this Section 3. 19 and shall file with the Village certificates of insurance
reflecting the minimum insurance coverage and limits provided in this Section 3. 19 prior
to commencing work on the System.
4.

VILLAGE RESPONSIBILITIES

4. 1. Village Project Manager. The Village will designate one Village employee as Sensys Gatso' s
principal

contact at

the Village("

Village Project Manager").

4.2. Cooperation. The Village will cooperate with Sensys Gatso during all aspects of the planning,
installation, implementation, and operation of the System and perform any other Village
obligations set forth in this Agreement.
4. 3. Review

Violations.
The Village will provide sworn Village police officers, community
service officers or any other Village employee designated by the Village to carefully review each

Page

15

of

 Case: 1:19-cv-00611-SJD Doc #: 1-1 Filed: 07/25/19 Page: 8 of 14 PAGEID #: 22

Violation Package to determine
can

be

mailed;

or ( b)

whether: (

a) the violation is approved and notices of violation
If the violation is rejected, the Village Project

the violation is rejected.

Manager will report to Sensys Gatso the basis for the rejection. The Village is solely responsible
for determining which violations identified by Sensys Gatso are issued as citations.
4. 4. Access to Information Services.

To the extent required by NLETS, the Village will provide
written authorization ( in a form reasonably acceptable to the Village) for Sensys Gatso and its
subcontractors to perform Motor Vehicle Division( Ohio Bureau of Motor Vehicles) inquiries on

behalf of the Village.

4.5. Collection of Unpaid Fines. In the event a violator fails to pay or contest a notice of violation as
set forth in Section 3, the Village may refer such matters to a third-party collections agency or
law firm to recover all costs of the fines, including collections costs and expenses for failure to
pay in a timely manner. Any amounts collected pursuant to this Section 4.5 will be deemed
infraction fees collected for the purposes of Section 2. 1 and subject to the Per Citation Fee set
forth in Section 2. 1.

In the event that the Village fails to timely engage a collections agency,

Sensys Gatso may, at its option and expense, retain such an agency to recover such fines and
costs.

4.6. The Village shall ensure that any stop-bar at an intersection enforced by a Fixed Location Red
Light Enforcement unit will be freshly painted and clearly visible throughout the Term.
5.

GENERAL

PROVISIONS

5. 1. Indemnification Obligations.
5. 1. 1
To the extent not prohibited by the constitution or laws of the State of Ohio, the
Village shall indemnify, defend, and hold hamiless Sensys Gatso and its affiliates,
shareholders or other interest holders, managers, officers, directors, employees, agents,
representatives and successors, permitted assignees and all persons acting by, through,
under or in concert with them ( including but not limited to equipment suppliers and
installers) ( the" Sensys Gatso Indemnitees")

from and against any and all third party claims

arising out of or related to:
a.

any material breach of the representations and warranties of the Village set forth
in Section 5. 3. 2;

b.

negligence or misconduct of the Village or its employees, contractors, or agents

that results in bodily injury to any natural person ( including third parties) or any

damage to any real or tangible personal property( including the personal property
of third parties), except to the extent caused by the negligence or misconduct of
any Sensys Gatso Indemnitee;
c.

the validity of the results of the Village' s use of the System or any portion
thereof; or the validity of any citation issued, prosecuted, and collected as a result

of the Village' s use of the System except to the extent caused by Sensys Gatso' s
failure to comply with the terms of the Agreement.
5. 1. 2

Sensys Gatso shall indemnify, defend, and hold harmless the Village and its

elected officials, officers, employees, agents, attorneys, representatives,
Page

16

and permitted

 Case: 1:19-cv-00611-SJD Doc #: 1-1 Filed: 07/25/19 Page: 9 of 14 PAGEID #: 23

assignees and all persons acting by, through, under or in concert with them ( the " Village
Indemnitees")

from and against any and all third-party claims arising out of or related to:

any material breach of the representations and warranties of Sensys Gatso set

a.

forth in Section 5. 3. 1;
b.

negligence or misconduct of Sensys Gatso or its employees, contractors, or

agents that results in bodily injury to any natural person( including third parties)

or any damage to any real or tangible personal property ( including the personal
of third parties),
except to the extent caused by the negligence or
misconduct of any Village Indemnitee; or

property

c.

a claim that the System infringes the copyright or U.S. patent of a third party. In
the event such a claim is made or appears likely to be made, Sensys Gatso will
either:
( a) enable the Village to continue to use the System, (
b) modify the
System to render it non- infringing; or( c) replace the System with a replacement
System at least functionally equivalent. If Sensys Gatso determines that none of
these alternatives is reasonably available, Sensys Gatso shall have the right to
terminate this Agreement effective immediately.

5. 1. 3. In the event of any third-party claim, action, or demand for which a party seeks
indemnification

from

the

other

pursuant

to

this

Section

5. 1 (

each

a "

Claim"),

the

Indemnified Party must give the Indemnifying Party written notice of such Claim promptly
after the Indemnified Party first becomes aware of it. The Indemnifying Party will have the

right to choose counsel to defend against the Claim( subject to approval of such counsel by
the Indemnified Party, which approval may not be unreasonably withheld, conditioned, or

delayed) and to control and settle the Claim. The Indemnifying Party will have the right to
participate in the defense of the Claim at its sole expense.

5. 2. LIMITATION OF LIABILITY. EXCEPT FOR AMOUNTS PAYABLE WITH RESPECT TO
THE INDEMNIFICATION OBLIGATIONS

SET FORTH

IN SECTION 5: (

A) NEITHER

PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES IN CONNECTION WITH THE AGREEMENT, THE SERVICES, OR THE
SYSTEMS, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY; AND ( B) THE
AGGREGATE LIABILITY OF EITHER PARTY FOR DIRECT DAMAGES ARISING OUT
OF THE AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL
BE LIMI'T'ED TO THE FEES PAID OR PAYABLE BY THE PARTIES HEREUNDER
PURSUANT TO SECTION 2. 1 DURING THE TWELVE ( 12) MONTHS PRIOR TO THE
EVENT GIVING RISE TO SUCH CLAIM. NOTWITHSTANDING THE FOREGOING, THE
AGGREGATE

LIABILITY

OF

THE

VILLAGE

WITH

RESPECT

TO

THE

INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 5. 1. 1 SHALL BE LIMITED
TO$ 500, 000. 00.
5. 3. Representations

and Warranties.

5. 3. 1. Sensys Gatso represents and warrants that at all times during the Term:
a.

Page

17

it has the legal power to enter into the Agreement;

 Case: 1:19-cv-00611-SJD Doc #: 1-1 Filed: 07/25/19 Page: 10 of 14 PAGEID #: 24

b.

the System is provided and will continue to perform in accordance

with this

Agreement;

c.

the Services

described

herein will be performed

in a workmanlike

and professional

manner with due care and skill;

d.

it will perform the Services described herein in compliance with all applicable

federal, State of Ohio, and local laws including without limitation the Fair Labor

Standards Act; any statutes regarding qualification to do business; any statutes
prohibiting discrimination because of, or requiring affirmative action based on, race,
creed, color, national origin, age, sex, or other prohibited classification including
without

limitation the Americans

with

Disabilities

Act

of

1990, 42 U. S. C. §§

12101

et seq;

e.

it is not barred by law from contracting with the Village or with any other unit of

state or local government as a result of( a) a delinquency in the payment of any tax
administered by the Ohio Department of Taxation unless Sensys Gatso is contesting,
in accordance with the procedures established by the appropriate revenue act, its
liability for the tax or the amount of the tax or ( b) any finding of recovery made
against Sensys Gatso by the Ohio Auditor of State;
f.

the only persons, firms, or corporations interested in this Agreement as principals are
those disclosed to the Village prior to the execution of this Agreement and that this

Agreement is made without collusion with any other person, firm, or corporation. If
at any time it shall be found that Sensys Gatso, in procuring this Agreement, has
colluded with any other person, firm, or corporation, then Sensys Gatso will be liable
to the Village for all loss or damage that the Village may suffer thereby, and this
Agreement

g.

will be null and void, at the Village' s option; and

neither it nor any of its principals, shareholders, members, partners, or affiliates, as
applicable, is a person or entity named as a Specifically Designated National and
Blocked Person( as defined in Presidential

Executive

Order 13224)

and that it is not

acting, directly or indirectly, for or on behalf of a Specifically Designated National
and Blocked Person.
Sensys

Gatso

Sensys Gatso further represents

and its principals,

shareholders,

and warrants

members,

to the Village that

partners,

or affiliates,

as

applicable, are not, directly or indirectly, engaged in, and are not facilitating, the

transactions contemplated by this Agreement on behalf of any person or entity named
as a Specifically Designated National and Blocked Person.

5. 3. 2. The Village represents and warrants that at all times during the Term:
a.

it has the legal power to enter into the Agreement and that it has complied with any
and

all applicable

federal,

State

of Ohio,

and

local

procurement

requirements

in

connection therewith; and

b.

it will utilize the System in compliance

with all applicable federal, State of Ohio and

local laws.

5. 3. 3. EXCEPT

Page

18

AS OTHERWISE

PROVIDED

IN THIS SECTION

5. 3:

 Case: 1:19-cv-00611-SJD Doc #: 1-1 Filed: 07/25/19 Page: 11 of 14 PAGEID #: 25

THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,

a.

WHETHER

EXPRESS

IMPLIED

WARRANTIES

PARTICULAR

OR IMPLIED,

PURPOSE,

ALL WARRANTIES

OF

INCLUDING

BUT NOT LIMITED

MERCHANTABILITY,

TITLE

AND

FITNESS

NON- INFRINGEMENT

TO THE
FOR

A

AS WELL

AS

ARISING BY USAGE OF TRADE, COURSE OF DEALING

OR COURSE OF PEFORMANCE.

b.

SENSYS

GATSO

SYSTEM

WILL

SERVICES

SECURE,

MAKES
MEET

AND/ OR

NO WARRANTY

THE

VILLAGE'
WILL

SYSTEMS

THAT

BE

OR ERROR FREE; NOR DOES

WARRANTY

AS TO THE RESULTS

USE OF THE SERVICES

THE SERVICES

S REQUIREMENTS,

THAT

UNINTERRUPTED,

SENSYS

AND/ OR

OR THAT

GATSO

THE

TIMELY,

MAKE ANY

MAY BE OBTAINED

FROM

THE

AND/ OR SYSTEM.

5. 4. Force Majeure. Neither party shall be liable for delays in the performance of its obligations
due to

hereunder

circumstances,

a

Force Majeure

such

as

acts

of

Event. "

God,

Force Majeure

that: (

Event"

means

conditions

or other

i) were not foreseen, and could not have been

reasonably foreseen, by the party obligated to perform, ( ii) are beyond the control of the party
obligated to perform, and( iii) materially hinder or interfere with the ability of the party obligated
to perform to complete

performance;

provided,

however,

that no such condition

or circumstance

will be a Force Majeure Event if it is the result of the fault, negligence, or material breach of this

Agreement by the party obligated to perform. Examples of Force Majeure events include wars,
floods,

strikes

earthquakes,

and

labor

severe adverse

disputes,

weather

delay in transportation, epidemics abroad,
conditions not reasonably anticipated, and delays in

unusual

permitting.

5. 5. Relationship between Sensys Gatso and the Village. Sensys Gatso is an independent contractor.
This Agreement does not create, and nothing in this Agreement may be deemed, construed, or
applied to create, a partnership, joint venture or the relationship of principal and agent or
employer

and

employee

between the

parties.

Further,

this Agreement

does not permit

either

party to incur any debts or liabilities or obligations on behalf of the other party, except only as
specifically provided herein.

Neither party may assign this Agreement, in whole or in part, without the prior

5. 6. Assignment.

written consent of the other party, which consent shall not be unreasonably withheld or delayed.

Notwithstanding the foregoing, Sensys Gatso may assign the Agreement to an affiliate or in
connection with a merger or sale of substantially all of the assets related to the Agreement. The
Agreement

shall bind and inure to the benefit of the parties hereto and their respective

and pennitted

5. 7.

Escalation

successors

assigns.

Procedure.

The following procedure will be followed if resolution is required to a

conflict arising during the performance of this Agreement.
5. 7. 1. When a conflict arises between the Village and Sensys Gatso, the project team members

will first strive to work out the problem internally.
5. 7. 2. If the project team cannot resolve the conflict within five ( 5) business days, the Village
Project Manager identified pursuant to Section 4. 1 and the Sensys Gatso Project Manager
identified pursuant to Section 3. 1 will meet to resolve the issue.

Page

19

 Case: 1:19-cv-00611-SJD Doc #: 1-1 Filed: 07/25/19 Page: 12 of 14 PAGEID #: 26

5. 7. 3. If the conflict is not resolved within five ( 5) business days after being escalated to the
Project Managers,

a

senior

executive of

Sensys

Gatso

will meet with

the Village Mayor

and/ or Fiscal Officer within five( 5) days to resolve the issue.

5. 7. 4. If the conflict remains unresolved as described in Section 5. 7. 3, the parties may mutually
agree to terminate the Agreement pursuant to Section 1. 2.

5. 7.5. During any conflict resolution, Sensys Gatso agrees to provide those Services relating to
items

not

in dispute,

to

the

extent

practicable

pending

resolution

of

the

conflict.

The

Village agrees to pay invoices per the Agreement.

5. 8. Applicable Law; Jurisdiction and Venue. This Agreement is governed by and construed in all
respects in accordance with the laws of the State of Ohio, without regard to any conflicts of laws
rules.

Any lawsuit arising out of or in connection with this Agreement must be filed in the

Butler County Common Pleas Court, Butler County, Ohio, and both parties specifically agree to

be bound by the jurisdiction and venue of such courts.
5. 9. Entire Agreement; Amendment. This Agreement and its exhibits constitutes the entire
agreement between the parties about the Services and supersedes all prior and contemporaneous

agreements or communications. This Agreement and its exhibits may only be amended by a
writing specifically referencing this Agreement which has been signed by authorized
representatives

5. 10. Counterparts.

of the parties.

This Agreement may be signed in one or more counterparts, each of which will be

deemed to be an original and all of which when taken together will constitute

the same

Agreement. Any copy of this Agreement made by reliable means( for example, photocopy or
facsimile) is considered an original.

5. 11. Enforceability. If any term in this Agreement is found by competent judicial authority to be
unenforceable in any respect, the validity of the remainder of this Agreement will be unaffected,
provided that such unenforceability does not materially affect the parties' rights under this
Agreement.

5. 12. Waiver. An effective waiver under this Agreement must be in writing signed by the party
waiving its right. A waiver by either party of any instance of the other party's noncompliance
with any obligation or responsibility under this Agreement will not be deemed a waiver of
subsequent instances.

5. 13 Notices. Any notices provided pursuant to this Agreement shall be effective three days after
deposit in the U.S. Mail if sent by Certified Mail Return Receipt Requested at the addresses first set forth
above, or immediately if by confirmed facsimile or electronic mail, to the parties at the following email
addresses:

If to the Village: &

O/ J P r

hmona•
If to Sensys Gatso:

a. noble@sensysgatso.

com.

of5

Remainder ofPage Intentionally Left Blank

Page

110

1

 Case: 1:19-cv-00611-SJD Doc #: 1-1 Filed: 07/25/19 Page: 13 of 14 PAGEID #: 27

IN WITNESS WHEREOF, Sensys Gatso and New Richmond, Ohio have caused this Agreement to be

executed by their properly authorized representatives as of the Effective Date.

Agreed to:

Agreed to:
Sensys Gatso USA, Inc.

The Village of New Richmond,

By

By
Authorized

tXIR

Authorized signature

signature

Andrew Noble

Name: -

President

Title:

Ramo `
Lyo

Date:

Attested to:

Attested to:

(-

By .
Authorized

Name( type

or print):

i11

t/
Authorized

signature

Name( type

Date:

Date:

Page

r

6- 1019

Date:

By

Ohio

or print):

i _

; .Z

signa

G, p
0/

9.

e

434 k

 Case: 1:19-cv-00611-SJD Doc #: 1-1 Filed: 07/25/19 Page: 14 of 14 PAGEID #: 28

EXHIBIT A

Additional Terms and Conditions for
Installation

of Camera Poles

In the event that Sensys Gatso is required to install one( 1) or more camera poles pursuant to Section 3. 3,

the following additional terms and conditions shall apply:
A.

Obtaining Permits. Sensys Gatso shall prepare all permit applications, design drawings or other

related documents as may be reasonably required by the Village or any other governmental
entities

for the installation

and

operation

of

the

camera

The Village will provide to

poles.

Sensys Gatso, at no cost, all Village permits necessary for the operation of the System and
provision of the Services provided Sensys Gatso meets the minimum requirements for such

Sensys Gatso will use commercially reasonable efforts to obtain any other necessary
permits for the camera poles from applicable agencies and shall pay all permit or other fees
permits.

charged by such governmental entities in connection with the installation and operation of the
System.
other

B.

The Village will reasonably assist Sensys Gatso in securing necessary permits from

governmental

Installation.

agencies,

as required.

Sensys Gatso will commence installation of the camera poles within ten ( 10)

business days after any and all necessary State of Illinois, County, and Village permit
applications

have been approved and such permits have been received.

Sensys Gatso shall not

be responsible for any delays associated with the failure of any state or local government to
promptly provide applicable permits. In the event any permitting agency requires one ( 1) or

more upgrades to any Village owned or controlled equipment at any intersection where the

System will be installed, such upgrades shall be the sole responsibility of the Village. Sensys
Gatso may elect to add a separate circuit breaker to the traffic control system power source to

obtain electric power for the System. Sensys Gatso will use commercially reasonable efforts to
complete installation of the System in a timely manner.
C.

Removal

Of Hardware, Equipment;

Restoration.

Upon any expiration or termination of this

Agreement, Sensys Gatso shall remove any poles and related equipment and restore such
intersections

to

substantially

the

same

condition

as

existed

prior

to this

Agreement.

Notwithstanding the foregoing, Sensys Gatso will not remove any pole foundation, which shall
be left approximately
underground

conduit

flush

with

grade

with

and other equipment

shall

no

exposed

not

be

bolts

required

or

other

hazards.

to be removed.

Installed

Sensys

Gatso

shall use commercially reasonable efforts such that removal and restoration activities occur

within forty- five ( 45) days after the Effective Date of Termination and do not unreasonably
interfere with or adversely affect traffic flow.

Page

112

 Case: 1:19-cv-00611-SJD Doc #: 1-2 Filed: 07/25/19 Page: 1 of 1 PAGEID #: 29

OHIO DEPARTMENT OF TRANSPORTATION
John R. Kasich, Governor

Jerry Wray, Director
Districts

505 S. State Route 741 , Lebanon, OH 45036
s13-933-6568
transportation.ohio.gov

July 20, 2018

Mr. Greg Roberts
Administrator
Village of New Richmond
102 Willow Street
New Richmond, OH 45157

Re: Speed Cameras

Dear Mr. Roberts,
I recently read an article regarding the potential to install speed cameras and related signage along US 52 in New
Richmond. According to the article, on July 24 your Village Council is expected to approve a camera-based program
for speed and traffic light enforcement.
As you may know, under Ohio Revised Code Section 5515.01 , the Director of Transportation has sole discretion to
permit use of ODOT rights of way and ODOT owned structures. The Director has determined to exercise that discretion
to not permit placement of speed enforcement cameras or related signage in ODOT right of way or on ODOT owned
structures.

Should you have any questions or need additional information, please contact me at (513) 933.6575

Respectfully,

Thomas G. Makris, P.E.
District 8 Permits

c: T. Campbell, S. Spinosa, T. Arnold

Excellence in Government

ODOT is an Equal Opportunity Employer and Provider ofServices

EXHIBIT 2

 Case: 1:19-cv-00611-SJD Doc #: 1-3 Filed: 07/25/19 Page: 1 of 1 PAGEID #: 30

OHIO DEPARTMENT OF TRANSPORTATION
John R. Kasich, Governor

Jerry Wray, Director

Districts
505 S. State Route 741 , Lebanon, OH 45036
513-933-6568

transportation.ohio.gov

September 11, 2018
Mr. Greg Roberts
Village of New Richmond Administrator
Light Ashburn Building
102 Willow St.
New Richmond, OH 45157
Dear Mr. Roberts,
The Director of the Ohio Department of Transportation (ODOT) received input from interested parties about recent
changes to the department's policy on permitting traffic speed enforcement cameras and associated signage within the
right of way of Ohio interstates and state routes. The Director has reviewed the feedback and evaluated the policy
outlined in our previous letter to you.
State law does permit the use of portable traffic speed enforcement cameras by law enforcement agencies within their
own jurisdictions, including on state routes and interstates. In an effort to help ensure these law enforcement
actions are transparent to the public, ODOT is clarifying its previous position on permitting notification signage in
state owned rights of way.
The final guidance for permitting photo monitoring devices and signage is as follows:
ODOT will not permit the installation of permanently affixed traffic law photo monitoring devices within ODOT
right of way. Portable cameras operated by jurisdictions or their agents do not require permitting to operate within
their boundaries or along interstates or state routes. Fixed camera placement within ODOT's right of way require
approval of the Director under R.C. §§5515.01 and 5501 .31 . The department will not be granting permits for fixed
cameras within ODOT rights of way. Any current installation must be removed by the political subdivision responsible
for their placement on or before September 30, 2018.
ODOT will permit the installation of signage in the ODOT right of way at the boundary of a political subdivision
operating traffic law photo monitoring devices for the purpose of notifying the travelling public the devices may be in
use. This signage is required at the corporation line where traffic law photo monitoring devices are in operation within
a jurisdiction. The jurisdiction must file a permit request, in accordance with ODOT's established procedures, for the
installation of signs within the ODOT right of way in accordance with R.C. §4511.094, and ODOT will grant the permit
request for s1gnage on ODOT right of way at the boundary of the political subdivision. The permitted sign location must
be in accordance with R.C. §§4511.10 and 4511.094. If a jurisdiction currently has signs posted that are not in
compliance with R.C.§§4511.10 those signs must be removed by September 30, 2018.
If there any further questions on the permitting of traffic speed cameras and signs, please contact Patrick Pkcininni,
ODOT Chief Legal Counsel at 614-466-3664.

/
(
.
Tam~

~rely.

0r~

Campbell
District 8 Deputy Director

Excellence in Government
ODOT is an Equal Opportunity Employer and Provider of Services

EXHIBIT 3

 Case: 1:19-cv-00611-SJD Doc #: 1-4 Filed: 07/25/19 Page: 1 of 6 PAGEID #: 31

•
•
•

Mr. Feldkamp stated that with the advanced warning and locations of the
cameras given there should be no problem for law abiding citizens.
Signs will be installed 30 days prior to any citations being given.
During the first 30 days of use all citations given will be warning tickets.

Justifications for installing the speed cameras include the following:
•
•
•

Public and officer safety
Revenue for the NRPD
The police department operates off two old tax levies and heavily rely on the
General Fund.

•

The company (Sensys Gatso) has a suggested fine schedule that would need to be
approved by Council
About 20% of officer fatalities occur during traffic stops.
No out of pocket cost for the cameras
NRPD reviews the film before any tickets are given
There will be an opportunity to appeal all tickets on-line
Tickets will be given to the registered owner of the vehicle.
Yellow lights are on delays. ODOT is responsible for installing warning lights if
necessary.
Sensys Gatso will receive a % of ticket revenue.

•
•
•
•
•
•
•

Legislation:
First Reading:
ORDINANCE 2018-14: AN ORDINANCE AUTHORIZING THE ENACTMENT OF A
VILLAGE SPEED CAMERA ENFORCEMENT PROGRAM AND A CONTRACT
WITH SENSYS GATSO USA, INC., WITH RESPECT TO SUCH PROGRAM
ORDINANCE 2018-13: AN ORDINANCE AUTHORIZING ADOPTION OF AN
ALTERNATIVE METHOD OF APPORTIONMENT OF THE UNDIVIDED LOCAL
GOVERNMENT FUND.

Second Reading:
RESOLUTION 2018-05: AN ORDINANCE AUTHORIZING THE SUBMITTAL OF THE
2019 TAX BUDGET

RESOLUTION 2018-06: A Resolution Authorizing the Village Administrator to execute a
Contract will Doll Layman, Ltd. For the New Richmond WWTP Flow Balancing Project and
declaring an emergency.

Mary Allen motioned to suspend the three-reading rule for RESOLUTION 2018-06: A
Resolution Authorizing the Village Administrator to execute a Contract will Doll Layman, Ltd.
For the New Richmond WWTP Flow Balancing Project and declaring an emergency , Seconded

by Gary Skeene.
Mrs. Slade: yes
Mr. Feldkamp: yes
Mr. Skeene: -yes

Mrs. Davidson: absent
Ms. Allen: yes
Mr. Vanderbosch: no

Motion failed

EXHIBIT 4

 Case: 1:19-cv-00611-SJD Doc #: 1-4 Filed: 07/25/19 Page: 2 of 6 PAGEID #: 32

OHIO DEPARTMENT OF TRANSPORTATION
John R. Kasich, Governor

Jerry Wray, Director
Districts

505 S. State Route 741 , Lebanon, OH 45036
s13-933-6568
transportation.ohio.gov

July 20, 2018

Mr. Greg Roberts
Administrator
Village of New Richmond
102 Willow Street
New Richmond, OH 45157

Letter from ODOT on 7/20/18.
Cannot mount cameras in right-of-way.

Re: Speed Cameras

Dear Mr. Roberts,
I recently read an article regarding the potential to install speed cameras and related signage along US 52 in New
Richmond. According to the article, on July 24 your Village Council is expected to approve a camera-based program
for speed and traffic light enforcement.
As you may know, under Ohio Revised Code Section 5515.01 , the Director of Transportation has sole discretion to
permit use of ODOT rights of way and ODOT owned structures. The Director has determined to exercise that discretion
to not permit placement of speed enforcement cameras or related signage in ODOT right of way or on ODOT owned
structures.

Should you have any questions or need additional information, please contact me at (513) 933.6575

Respectfully,

Thomas G. Makris, P.E.
District 8 Permits

c: T. Campbell, S. Spinosa, T. Arnold

Excellence in Government

ODOT is an Equal Opportunity Employer and Provider ofServices

 Case: 1:19-cv-00611-SJD Doc #: 1-4 Filed: 07/25/19 Page: 3 of 6 PAGEID #: 33

Letter from NR to
ODOT on 8/11/18.
Asking ODOT to
reconsider thier
decision (of NO).

~----------------------------._______________________________
_

.......__

August 22, 2018

Mr. Thomas G. Makris, P.E.
Ohio Departme nt o f Transporta tion
District 8 Permits
505 S. State Route 741
Lebanon, OH 45036
Dear Mr. Makris,
As you are probably aware, the p ower of any Ohio municipality to enact local police regulations
is no longer dependent upon any legis lative grant thereof, but instead such power is d erived
directly from the Constitution. Ohio Constitution, Article 18, § 3.i However, police and similar
regulations under the powers of local self-governmen t so established by the Constitution must
yield to general laws of statewide scope and application, and statutory enactmen ts representing
the general exercises of police power by the state prevail over the police and similar regulations
in the exercise by a municipality of the powers of loca l self-governmen t.ii Since the Village of
New Richmond is aware of no general statewide law or statutory enactment w hich prohibits the
use of speed cameras, the New Richmond Village Cou nci l moved for ward at their meeting of July
24, 2018 and passed Ordinance 2018-14 "An Ordinance Enacting a Vill age Speed Camera
Enforcement Progra m".
Within the past three years New Richmond Police, Fire and EMS have responded to
approximately 80 accidents on U.S. 52 in the Village of New Richmond. The Village believes that
a speed an d red ligh t camera enforcement program will help reduce acciden ts and prevent
speeding and red light running thus benefi tting the health, safety and welfare of the public
including the residents and employees of the Village of New Richmond . The cameras w ill also
provide visual records of accidents at U.S. 52 intersections and o ther traffic data to utilize in
determining future safety enhancements.
Subsequent to the passage of this ordinance, the Village has entered into a contract w ith Sensys
Gatso, U.S.A. as our authorized agent. As such, they intend to apply for a permit to install the
ca mera system at locations to be determined w ithin the ODOT right of way. The Village is in
receipt of you r letter da ted July 20, 2018 inform ing us as to the Di rector of Transportation's

jhwr
(5 13) 553 - 4 14 6

f:.('
( 5 I 3) 553 - 7699
11'('/Ji/,

ww w.n ew ri c hm ond.o rg

LI G H T ASHBURN

BUILDI NG

10 2 W I LLOW S T
NEW

RICHMOND , OH 45 1 57

 Case: 1:19-cv-00611-SJD Doc #: 1-4 Filed: 07/25/19 Page: 4 of 6 PAGEID #: 34

decision "to not permit placement of speed camera enforcement cameras or related signage in
ODOT right of way or on ODOT owned structures." We respectfully request that the Director
reconsider that decision and that ODOT respect the Village of New Richmond' s rights to enforce
traffic codes and protect our citizens and employees along U.S. 52.
However, if the Director decides not to reconsider his decision allowing for the placement of
speed camera enforcement cameras or related signage in ODOT right-of-ways or on ODOT
owned structures, then the Village requests materials, documents, and maps from ODOT
delineating all ODOT right-of-ways and the locations of all ODOT owned structures which exist
within the Village of New Richmond so that the Village and its agent, Sensys Gatso, U.S.A., can
move forward with an alternative implementation plan.

Greg A. R berts
Village Administrator

cc: Mayor Ramona Carr
Chief Michael Couch

i
ii

Village of West Jefferson v. Robinson, 1 Ohio St.2d 113 (1965).
State, ex rel. Klapp v. Dayton P. & L. Co., 10 Ohio St.2d 14 (1967).

 Case: 1:19-cv-00611-SJD Doc #: 1-4 Filed: 07/25/19 Page: 5 of 6 PAGEID #: 35

OHIO DEPARTMENT OF TRANSPORTATION
John R. Kasich, Governor

Jerry Wray, Director

Districts
505 S. State Route 741 , Lebanon, OH 45036
513-933-6568

transportation.ohio.gov

September 11, 2018
Mr. Greg Roberts
Village of New Richmond Administrator
Light Ashburn Building
102 Willow St.
New Richmond, OH 45157

Letter from ODOT to NR on 9/11/18.
2nd time - cannot mount cameras in rightof-way.

Dear Mr. Roberts,
The Director of the Ohio Department of Transportation (ODOT) received input from interested parties about recent
changes to the department's policy on permitting traffic speed enforcement cameras and associated signage within the
right of way of Ohio interstates and state routes. The Director has reviewed the feedback and evaluated the policy
outlined in our previous letter to you.
State law does permit the use of portable traffic speed enforcement cameras by law enforcement agencies within their
own jurisdictions, including on state routes and interstates. In an effort to help ensure these law enforcement
actions are transparent to the public, ODOT is clarifying its previous position on permitting notification signage in
state owned rights of way.
The final guidance for permitting photo monitoring devices and signage is as follows:
ODOT will not permit the installation of permanently affixed traffic law photo monitoring devices within ODOT
right of way. Portable cameras operated by jurisdictions or their agents do not require permitting to operate within
their boundaries or along interstates or state routes. Fixed camera placement within ODOT's right of way require
approval of the Director under R.C. §§5515.01 and 5501 .31 . The department will not be granting permits for fixed
cameras within ODOT rights of way. Any current installation must be removed by the political subdivision responsible
for their placement on or before September 30, 2018.
ODOT will permit the installation of signage in the ODOT right of way at the boundary of a political subdivision
operating traffic law photo monitoring devices for the purpose of notifying the travelling public the devices may be in
use. This signage is required at the corporation line where traffic law photo monitoring devices are in operation within
a jurisdiction. The jurisdiction must file a permit request, in accordance with ODOT's established procedures, for the
installation of signs within the ODOT right of way in accordance with R.C. §4511.094, and ODOT will grant the permit
request for s1gnage on ODOT right of way at the boundary of the political subdivision. The permitted sign location must
be in accordance with R.C. §§4511.10 and 4511.094. If a jurisdiction currently has signs posted that are not in
compliance with R.C.§§4511.10 those signs must be removed by September 30, 2018.
If there any further questions on the permitting of traffic speed cameras and signs, please contact Patrick Pkcininni,
ODOT Chief Legal Counsel at 614-466-3664.

/
(
.
Tam~

~rely.

0r~

Campbell
District 8 Deputy Director

Excellence in Government
ODOT is an Equal Opportunity Employer and Provider of Services

 Case: 1:19-cv-00611-SJD Doc #: 1-4 Filed: 07/25/19 Page: 6 of 6 PAGEID #: 36

Page from 9/11/2018 Council Minutes
Misleading information. Refers to PORTABLE
not FIXED cameras.

September 11, 2018

COUNCIL MEETING
New Richmond Village Council met in Council Chambers in regular session on
Tuesday, September 11, 2018 at 7:00 pm. Present: Gary Skeene, Richard
Feldkamp, Melanie Slade, Mary Allen and Paul Vanderbosch - members; Ramona
Carr, Mayor; Greg Roberts, Village Administrator; Kelly Painter, Clerk of Council;
Scott Sollmann, Village Solicitor; Vince Bee, Fire and EMS Chief and Mike Couch,
Interim Police Chief
Amanda Davidson arrived at 7:15 due to traffic.
Also attending:
David Vornholt-310 Susanna Way
Larry Prues-1059 Bethel-New Richmond Rd.
Megan Alley-Clermont Sun
Mayor Carr opened the meeting with the Pledge of Allegiance.
Council members present were Skeene, Allen, Slade, Feldkamp, and Vanderbosch.
Minutes of August 28th were presented for approval. Gary Skeene motioned to
approve, Seconded by Paul Vanderbosch.
Mrs. Slade: yes
Mr. Feldkamp: yes
Mr. Skeene: yes

Mrs. Davidson: absent
Ms. Allen: yes
Mr. Vanderbosch: yes

Visitors:
David Vornholt-310 Susanna Way:
NROBA voted to support traffic cameras. Some members are concerned that the
new bike path does not go up Front Street. NROBA is currently working on the
Christmas program. Mr. Vornholt gave an update on the Ambassador Program.
Greg Roberts, Village Administrator:
Speed Cameras:
We received a letter late today outlining guidelines for speed and red-light
cameras from ODOT. The guidelines will allow signage in the right of way and
portable camera. No drawings of the right of way have been provided by ODOT
yet.
Bethel-New Richmond Closing:
Duke is suspending the pole replacement project until 2019. Their crews will be
responding to the Carolinas in anticipation of damage expected from hurricane
Florence.
Paul Vanderbosch motioned to rescind the motion allowing the closing of Bethel
New Richmond for Duke project, Seconded by Mary Allen

 Case: Doc 1-5 Filed: 07/25/19 Page: 1 of 1 PAGEID 37

    

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Citation Numb-01' Plain Number
mm ?mm? ?mm 0" 0470000053151 6157MB 

Po Box 7200 $05.00
AMOUNT DUE

new,? D1915 inn}: DUE [07:31:2010 
Malta check or money order payable to:
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Mill payments In:

JEFFERY RYAN cum Ham - Nw?bhm'? on
2610 WILDWDOD LN P05017203
5 NEW OH 4515? mm: 00001915



 

Case: 1:19-cv-00611-SJD Doc #: 1-6 Filed: 07/25/19 Page: 1 of 1 PAGEID #: 38

· As au orizeo by The Village of New Richmond Ohio Codified Or inane,,
201
00 li$b
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Record
isto in

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& 2019-07 as amended from time to time. The vehiele <,w
for a oivil penalty impo,$$!d pursuant· to Ohio l�w Ff such
ted at a speed in excess of those set forth in section 45
1 of the Ohio Revised Code as may bl!! amended rrom ume
d images of such acts are evidence of a traffic violation. Thi
rm you of your liability for such a violation, arid how you may

r shall
ehicle

1.21 or
o time.
Notice
spond.

On thel back of thi$ Notice you will find detailed information re arding

. WAYNE S COTTRELL

payme1t, adjudication / hearing rights and a•signment of responsibil ty,

2800 LAUREL PT ISABEL RD
M()$COW, OH 45153

Please review section 4511.098 of the Ohio Revised Code in rder to
obtain he options available to you which include r@�·uestirl�,ricii:;V tiatini�

an ad inistrative appeal to di.sclaim llabiHty-fQr the aforemeniione traffic
violatio . Pursuant to !<C 4511.098,-failure to pay the civil fine, f iluce to
provide i;il.n affidavit, Qr failure to· contei;.t li1;1bility within (30) calend r days
is an a mi$$i0n of liability in the full amount of the civil fine asse
d, and
wiH rei;. It in the l0$:;; of your right to a hearing, and imPQsition of late
s. ln
t
·
.L_""'adi'""rnt--=c i'h��1;,TTufo@ai·�dures 'int.11.i
�-- ·
to, being reported to a credit reporting agency, and a civil awsuit.

EJ

�fil
!II

.,,..,...,:,-

ll:iiiiiii

I

Date: 06/27/2019
Time: 06:06 AM

Red Light Time: 0.00 s
Location: US52 & Adamson

Make: KIA
Model: SW
Posted Speed: 50 MPH
Vehicle Speed; 62 MPH
Plate Number: GWl.6054

' 'lffi � duty ii i.rthorlz&d enkn'cement officer for the New Richmond Police

Department. Gase<t on an ili:!i:pec:fion of recorded Im.ages, the motor vthidt
W38 lnw� il'I a 'b.lffk: law violation. The re-(;(>ri;I� imag� are prlma fa,.;ie
iwkkmce of thd traffic Jaw.violation, Swor,n to or affirmed by:
Al)pn;IVW; Mic! laef CCU¢h

�./"'

,;,.u:,�,. ..

[� i 1' ffi! .:

. �'�-·-· -·· ·--

.... •..

--

-B•d�• #: 6,,190
.... , .,_

-

L__j

Pay b mail: Checks & Money Orders made payable to The Vil age of
New Ri hmond. Oetach remittance slip and send along with pa ment
Pay b phone: 1-855-370-4229.
V-,· · ·scover-an,:t�,a,d a�ed. •-••"_,,_

EXHIBIT 6

•· ·-·-··�·(R;e,',1 , JJ/31/Z01�)

 A: authorized by The Village of New Richmond Ohio Codi?ed Ordinance
2019-06 8. 2019-07 as amended from time to time. The vehide owner shall
be liable for a civil penalty Imposed pursuant to Ohio law if such which
is operated at a speed in excess of those set forth in section 4511.21 or

in Rewsed Code as may be amended from time to time.
Recorded images of such acts are ewdence of a traffic violation This Notice
is to inform you of your liability for such a Violation. and how you may respond.

On the back of this Notice you Will ?nd detailed information regarding
payment. adjudication! hearing rights and assignment of responsrbility

IS an admissmn of liability in th

result in the loss of your right to a hearing? and imposmon of late lees In
you may be sowed to formal collection procedures including but
Lu. ?ms-1:3 to a Credit reporting agency and a ciiril lawsuit

Citation 047.000004780

Pin #2 514730 I

Date 06i'01/2019

Time 0506 PM

Red Light Time: 0.00 5

Location. U852 a Adamson WB

 

 

 

 

Make STRN

Model 4D

Posted Speed. 50 MPH
Vehicle Speed 61 MPH
Plate Number: HSV5478

 

 



I
1 am I duly authorized enforcement of?cer for the New Richmond Police 
Dopartmont. Based on an inspection of recorded images. the motor vehicle Pay online: Visit 

widonco of that traf?c law violation, Sworn to or affirmed by: Pay by mail: ChecL?S 8? Morley
Approvor: Mich-oi Couch

 

 

 

 

Orders made payable to The Village of 
1 New Richmond Detach remittance slip and send along with payment 'phone 1-855?3?0-4229 
Visa Deco-ire: and MasterCard are accepted 



QUESTIONS ABOUT THIS OF CALL THE CITA

TIONS PROCESSING CENTER AT 
NI 

 

Citations Processing Center- New Richmond OH Citation Number Plate Number

PO BOX 7200 0470000047801 Hsvs473

BevedyMA 01915 AMOUNT DUE $85.00
. 
DUE . i 07r31r2019

Make check or money order payable to:
The Village of New Richmond

Mail payments to:
Egan-H Citations Processing Center - New Richmond OH

7 AMELIA, OH 45102 PO BOX 7200 EXHIBIT 7

Beverly MA 01915


         
 

Case. 1: 19- c?v- 00611- SJD Doc #:18Filed:07/25/19P:age 1 of 4 PAGEID 40

NOTICE OF LIABILI

AUTOMATED SPEED TRAFFIC ENFORCEMENT PROGRAM
Generated on 06/27/2019

 

Citations Processmg Center - New Richmond DH -, 7' 
PO BOX 7200 As authorized by The Village of New Richmond Ohio Codified Ordinance
MA 01915 2019- 06 a 2019- 07 as amended from time to time. The vehicle owner shall
be liable for a civil penalty imposed pursuant to Ohio law if such vehicle
is operated at a speed in excess of those set forth in section 4511.21 or
4511.211 of the Ohio Revised Code as may be amended from time to time.
Recorded images of such acts are evidence of a traf?c violation. This Notice
is to inform you of your liability for such a violation, and how you may respond.

On the back of this Notice you will find detailed information regarding

EMILY HAUKE payment, adjudication hearing rights and assignment of responsibility.
- 2125 IDLETT HILL RD
NEW RICHMOND, OH 45157 Please review section 4511.098 of the Ohio Revised Code in order to

obtain the options available to you which include requesting and initiating
an administrative appeal to disclaim liability for the aforementioned traffic
violation. Pursuant to RC 4511.098, failure to pay the civil fine, failure to
provide an af?davit, or failure to contest liability within (30) calendar days
is an admission of liability in the full amount of the civil fine assessed, and
will result in the loss of your right to a hearing. and imposition of late fees. In
addition, you may be subject to formal collection procedures including, but
not limited to, being reported to a credit reporting agency, and a civil lawsuit.

Citation 0410000049001
Pin 882099

 

 

 

Date: 06/04/2019

Time: 08:51 AM

Red Light Time: 0.00 5
Location: U852 Adamson WB

 

 

Make: SUBA

Model: SW

Posted Speed: 50 MPH
Vehicle Speed: 62 MPH
Plate Number: FCF6855

 

 

 

 

I am a duly authorized enforcement officer for the New Richmond Police 1 . .
Department. Based on an inspection of recorded images, the motor vehicle Pay onllne: VISII 

 

was involved in a traffic law violation. The recorded images are prima facie
evidence of that traffic law violation. Sworn to or affirmed by:

Pay by mail: Checks Money Orders made payable to The Wlage of

 

Approver: Michael Couch New Richmond. Detach remittance slip and send along with payment.
VITAE Cree Badge #161190 Pay by phone: 1?855-370-4229.
?5 Q, Visa, Discover and MasterCard are accepted.

 

 

 

(Rev. 5/31/2019)

QUESTIONS ABOUT THIS NOTICE OF CALL THE CITATIONS PROCESSING CENTER AT 1-855-370-4229 (SAM-6PM EST)

 

 

 

 

 

 

. . . Citation Number Plate Number

Citations Processmg Center - New Richmond OH

PO BOX 7,200 0410000049001 FCF6855

Beverly MA 01915 AMOUNT DUE $85.00
DATE DUE 07127/2019
Make check or money order payable to:
The Village of New Richmond
Mail payments to:

EMILY HAUKE Citations Processing Center - New Richmond OH
. 2125 IDLETT HILL RD PO Box 7200
NEW RICHMOND, OH 45157 Beverly MA 01915

EXHIBITS 

up

Case: Doc 1-8 Filed: 07/25/19 Page: 2 of 4 PAGEID 41

Governing ordinance and state law are available for viewing at 
Failure to pay this Notice, or to exercrse one of the options prescribed below IS deemed to be an 
of liability and waiver of the opportunity to contest the violation

To challenge this Notice of Liability - the following options are available to the registered owner:

OPTION 1: PROVIDE AN AFFIDAVIT OF DEFENSE OPTION 2: REQUEST AN ADMINISTRATIVE HEARING

You have the right to contest this violation at an administrative hearing
either in persona or by maiie. It is recommended that you review the
local ordinance and photographic evidence of the infraction to determine if
you have a valid defense supporting dismissal of this citation. The request
for an administrative hearing must be received by the Village Police
Department, or its designee, within thirty (30) calendar days after the date
of issuance of the Notice of Liability.

Within thirty (30) days after receipt of the Notice of Liability, provide the
Village of New Richmond Police Department with either of the following
affidavits:

A. An affidavit executed by the registered owner stating that another
person was operating the vehicle of the registered owner at the time

of the violation, identifying that person as a designated party who
may be held liabie for the violation, and containing at a minimum the
name and address of the designated party.

An af?davit by the vehicle owner stating that at the time of the
violation, the motor vehicle or the license plates of the motor vehicle
involved were stolen or were in the care, custody, and control of
some person who did not have the owner?s permission to use the
motor vehicle; or that the motor vehicle or license plates of the motor
vehicle were stolen before the violation occurred and were not under
the control or possession of the owner at the time of the violation.

AFFIDAVIT OF DEFENSE FORM IS PROVIDED BELOW

 

IN-PERSON ADMINISTRATIVE
HEARING REQUEST

Go onlrne to vrewcttatron com
or call 1-855-370-4229 to schedule a
court date

Failure to appear at this hearing
will result in an automatic Final
Notice of Determination. -

You may be subject to applicable
administrative court fees andlor costs
Administrative hearings wall take
place at

Village Hall
102 Willow Street
New Richmond, OH 45157

OPTION

To contest this Citation by marl. down-
load and complete!y fill out the Request
for By-Mail Administrative Hearing
form at com

Please marl this form, as well as any
additional documentation andlor evr?
dance, by the due date specrfred on
this notice The form and associated
evrdence Will be presented in your
absence

Citations Processing Center -
New Richmond, 0H

PO BOX 7200

Beverly MA 01915

 

Miles Per Hour Over Speed Limit

Amount of Penalty

6 -15 $85.00
16-20 $100.00
21+ $115.00

Please mail affidavit to: Citations Processing Center - New Richmond OH, PO BOX 7200, Beverly, MA 01915

AFFIDAVIT OF DEFENSE
THIS FORM ONLY IF YOU ARE NOT REQUESTING AN ADMINISTRATIVE HEARING 

My motor vehicle was in the care, custody, or control of another person (THE FOLLOWING INFORMATION 18 REQUIRED):

Name of person:

Person's Date of Birth:

 

 

The vehicle had been reported stolen. Police Agency:

Address of person:

Driver's License Number (if known):

 

 

Report Number:

 

 

?*Please include any applicable evidence or papemrork?*

I declare under penalty of perjury that the foregoing information (and all documentation in support of my defense) is true and correct to the best of my
knowledge and ability.

STATE OF
COUNTY OF

This instrument was acknowledged before me on

known to me or who provided

Signature Date

 

 

 

 

by

Phone Number

 

who is personally

 

 

 

Signature of Notary Public)

My Commission Expires:
(MY 

as positive identi?cation.

 

THE AFFIDAVIT MUST BE NOTARIZED OTHERWISE IT WILL NOT BE ACCEPTED.

Case: Doc 1- Filed: 07/25/19 Pa e: 3 of 4 PAGEID 42

NOTICE

 

Citations Center - New Richmond OH
PO BOX 7200
Beverly MA 01915

. EMILY HAUKE
2125 IDLETT RD

NEW RICHMOND, OH 45157

 

I am a duly authorized enforcement officer for the New Richmond Police
Department. Based on an inspection of recorded images, the motor vehicle
was involved in a traffic law violation. The recorded images are prima facie
evidence of that traffic law violation. Sworn to or af?rmed by:

Approvsr: Michael Couch

Cab-u 

:15? Badge 6.190
s; in?; Kg?v

  

LIABILI

AUTOMATED SPEED 8: TRAEFIC ENFORCEMENT PROGRAM
Generated on 06/27/2019

  
   

    
    

 
 
  
 

 

..-.- .. .. 
Elli12.5?
As authorized by The Village of New Richmond Ohio Codified Ordinance
2019-06 2019-07 as amended from time to time. The vehicle owner shall
be liable for a civil penalty imposed pursuant to Ohio law if such vehicle
is operated at a speed in excess of those set forth in section 4511.21 or
4511.211 of the Ohio Revised Code as may be amended from time to time.
Recorded images of such acts are evidence of a traf?c violation. This Notice
is to inform you of your liability for such a violation, and how you may respond.

 
    

On the back of this Notice you will find detailed information regarding
payment, adjudication hearing rights and assignment of responsibility.

Please review section 4511.098 of the Ohio Revised Code in order to
obtain the options available to you which include requesting and initiating
an administrative appeal to disclaim liability for the aforementioned traf?c
violation. Pursuant to RC 4511.098, failure to pay the civil fine, failure to
provide an af?davit, or failure to contest liability within (30) calendar days
is an admission of liability in the full amount of the civil fine assessed, and
will result in the loss of your right to a hearing, and imposition of late fees. In
addition, you may be subject to formal collection procedures including, but
not limited to, being reported to a credit reporting agency, and a civil lawsuit.

 

Citation 047.0000050061
Pin 580680

 

 

Date: 06/06/2019

Time: 06:29 AM

Red Light Time: 0.00 5
Location: U552 8: Adamson WB

 

Make: SUBA

Model: SW

Posted Speed: 50 MPH
Vehicle Speed: 63 MPH
Plate Number: FCF6855

 

I . .4 --.I.--.. .T- 4'Pay online: Visit 
Pay by mail: Checks Money Orders made payable to The Village of
New Richmond. Detach remittance slip and send along with payment.

Pay by phone: 1-855-370-4229.
Discover and MasterCard are accepted.

1 

 

 

 

 

 

 

(Rev. 5/31/2019)

QUESTIONS ABOUT THIS NOTICE OF CALL THE CITATIONS PROCESSING CENTER AT 1-855-370-4229 (SAM-6PM EST)

Citations Processing Center New Richmond OH
PO BOX 7200
Beverly MA 01915

. EMILY HAUKE
- 2125 IDLETT HILL RD
NEW RICHMOND, OH 4515?

Citation Number Plate Number

 

 

0410000050061 FCF6855
AMOUNT DUE $85.00
DATE DUE (17/27/2019

 

 

 

 

Make check or money order payable to:
The Village of New Richmond
Mail payments to:

Citations Processing Center - New Richmond OH
PO BOX 7200
Beverly MA 01915



Case: Doc 1-8 Filed: 07/25/19 Page: 4 of 4 PAGEID 43

Governing ordinance and state law are available for viewing at 
Failure to pay this Notice, or to exercrse one of the options prescribed below IS deemed to be an admissron
of liability and waiver of the opportunity to contest the Violation.

To challenge this Notice of Liability - the following options are available to the registered owner:

OPTION 1: PROVIDE AN AFFIDAVIT OF DEFENSE OPTION 2: REQUEST AN ADMINISTRATIVE HEARING

Within thirty (30) days after receipt of the Notice of Liability, provide the
Village of New Richmond Police Department with either of the following
af?davits:

You have the right to contest this violation at an administrative hearing
either in persono or by maile. It is recommended that you review the
local ordinance and photographic evidence of the infraction to determine if
you have a valid defense supporting dismissal of this citation. The request
for an administrative hearing must be received by the Village Police
Department, or its designee, within thirty (30) calendar days after the date
of issuance of the Notice of Liability.

A. An affidavit executed by the registered owner stating that another
person was operating the vehicle of the registered owner at the time
of the violation, identifying that person as a designated party who

may be held liable for the violation. and containing at a minimum the
name and address of the designated party.

B. An affidavit by the vehicle owner stating that at the time of the
violation, the motor vehicle or the license plates of the motor vehicle
involved were stolen or were in the care, custody, and control of
some person who did not have the owner?s permission to use the
motor vehicle; or that the motor vehicle or license plates of the motor
vehicle were stolen before the violation occurred and were not under
the control or possession of the owner at the time of the violation.

AFFIDAVIT OF DEFENSE FORM IS PROVIDED BELOW

 

IN-PERSON ADMINISTRATIVE
HEARING REQUEST

Go onlme to corn
or call 1-855-370-4229 to schedule a
court date

Failure to appear at this hearing
will result in an automatic Final
Notice of Determination.

You may be subject to applicable
administrative court fees andlor costs
Administrative hearings Will take
place at

Village Hall
102 Willow Street
New Richmond, OH 45157

CONTEST-BY-MAIL OPTION

To contest this otation by mail down-
load and completely fill out the Request
for By-Mail Administrative Hearing
form at vrewcrtation corn

Please mail this form as well as any
additional documentation and/or evr-
dence, by the due date specrfied on
this notice The form and assocrated
evrdence Will be presented In your
absence

Citations Processing Center -
New Richmond, 0H

PO BOX 7200

Beverly MA 01915

 

Miles Per Hour Over Speed Limit
6 - 15 

16 - 20 

21+ 

AmOunt of Penalty
$85.00
$100.00
$115.00

Please mail affidavit to: Citations Processing Center - New Richmond OH, PO BOX 7200, Beverly, MA 01915

THIS FORM ONLY IF YOU ARE NOT REQUESTING AN ADMINISTRATIVE HEARING 

AFFIDAVIT OF DEFENSE

My motor vehicle was in the care, custody, or control of another person (THE FOLLOWING INFORMATION IS REQUIRED):

Name of person:
Person?s Date of Birth:

 

 

The vehicle had been reported stolen. Police Agency:

Address of person:

 

Driver?s License Number (if known):

 

Report Number:

 

 

include any applicable evidence or 

declare under penalty of perjury that the foregoing information (and all documentation in support of my defense) is true and correct to the best of my

knowledge and ability.

Date

 

 

Signature

STATE OF

 

COUNTY OF

 

This instrument was acknowledged before me on by

known to me or who provided

 

 

{Signature of Notary Public)

My Commission Expires:
(MY SEAL):

Phone Number

 

who is personally

as positive identi?cation.

 

THE AFFIDAVIT MUST BE NOTARIZED OTHERWISE IT WILL NOT BE ACCEPTED.