#08-5132 (ATS Amendment #1)
AMENDMENT NO.1 TO AGREEMENT 08.5132
FOR RED LIGHT RUNNING ENFORCEMENT SYSTEM
This Amendment (the "Amendment") to Agreement 08-5132 between American
Traffic Solutions, Inc. ("ATS" or "Contractor") and Collier County, a political subdivision
of the State of Florida ("County" or "Customer"), dated February 10, 2009 (the
"Agreement") is made and effective as of this 22nd day of June, 2010 by and between
the County and Contractor.
Recitals
WHEREAS, Collier County has adopted Ordinance No. 08-22, as amended,
providing for the enforcement of red light violations using traffic infraction detectors (the
"Ordinance"); and
WHEREAS, on or about February 10, 2009, the County and Contractor entered
into the Agreement, whereby the County and Contractor agreed to the provision by
Contractor of services to the County in connection with the enforcement of the
Ordinance, subject to the terms and conditions stated in the Agreement; and
WHEREAS, on or about May 13, 2010, the Governor of the State of Florida
signed CS/CS/HB325 into law, resulting in the Law of Florida 2010-80 taking effect on
July 1, 2010; and
WHEREAS, Law of Florida 2010-80 expressly authorizes local governments to
use traffic infraction detectors to enforce certain provisions of Chapter 316 of the Florida
Statutes, subject to certain requirements; and
WHEREAS, the Board of County Commissioners of Collier County, Florida has
amended Ordinance No. 08-22 to provide for the enforcement of red light violations
using traffic infraction detectors in accord with the provisions of Law of Florida 2010-80;
and
WHEREAS, the County and Contractor wish to amend and modify the
Agreement to align the provision of services by Vendor with the provisions of Law of
Florida 2010-80.
Terms and Conditions
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth herein and for other valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the County and Contractor agree that the Agreement shall
be and hereby is amended and modified on the terms provided herein:
1. Recitals. The preceding recitals are true and correct and are
incorporated into this Amendment by reference.
2. Commencement. Section 1 of the Agreement is deleted in its entirety
and replaced with the following:
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This Amendment to the Agreement shall be for a period commencing on
July 1, 2010 and will continue on a month-to-month basis unless and until
either party gives the other party at least thirty (30) days written notice of
termination.
3. Compensation. Section 3 of the Agreement is deleted in its entirety and
replaced with the following:
Upon signing this Amendment, the Contractor shall pay the County
$8,250.00 each month for the right to operate its red light camera
running program, with the first payment due within 5 business days
from execution of this Amendment, and with each subsequent
payment due no later than the first of each and every month
thereafter.
Any payments received by the County that are owed to Contractor
will be paid to Contractor subject to the terms of the Agreement and
in compliance with Section 218.70, Fla. Stat., otherwise known as
the "Local Government Prompt Payment Act." Exhibit B (Pricing) is
hereby deleted in its entirety.
4. Exhibits. Exhibit "A" to the Agreement is deleted and replaced with
Exhibit "A" to this Amendment.
5. Effect of Amendment on Agreement. Except as expressly amended or
modified by the terms of this Amendment, all terms of the Agreement shall remain in full
force and effect. Unless a different meaning is specified in the Amendment, all
capitalized terms used herein shall have the meaning described in the Agreement. In
the event of a conflict between the terms of this Amendment and the Agreement, the
terms of this Amendment shall prevail and control.
6. Entire Agreement. The provisions of this Amendment, including the
recitals, comprise all of the terms, conditions, agreements, and representations of the
parties with respect to the subject matter hereof. All representations and promises
made by any party to another, whether in writing or orally, concerning the subject matter
of this Amendment are merged into this Amendment. Except as amended by this
Amendment, the terms of the Agreement shall continue in full force and effect.
7. Counterpart Execution. This Amendment may be executed in one or
more counterparts, each of which shall constitute an original, but all of which taken
together shall constitute one and the same instrument. Each party represents and
warrants that the representative signing this Amendment on its behalf has all right and
authority to bind and commit that party to the terms and conditions of this Amendment.
[Remainder of Page Intentionally Left Blank]
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Collier County, FL_ATS Contract Amendment 2010.05.26
City of Collier County, FL
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
the day and year first written above.
ATTEST:
DWIG~T~.aRCGK, Clerk
.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: Fred = ~~ir~
AMERICAN T
FIC SOLUTIONS, INC.
By: 2..? lO
T ton Date
erating Offic '\ . \ '
-U ,. W~
ss (Signature) ,
VlUlf\t CW\~l0~
Name: pri~ 9. ;
Witness (Signat~ ~
BeJuLy J: :To n/1Soll
Name: Print or Type
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Collier County. FL~ATS Contract Amendment 2010.05.26
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EXHIBIT A
DESCRIPTION/SCOPE OF SERVICES
For 08-5132 Red Liaht Camera Enforcement System
I. First Phase Of Services (Uncompensated)
The Contractor shall provide consulting services regarding the recommended
identification of locations for placement of Red Light Enforcement equipment, based
upon traffic engineering 'principles, violation history, crash history, and input from
County Traffic Engineering and the Collier County Sheriffs Office (hereafter, the
"Sheriff'). The report of recommended locations shall be submitted in a report giving
the locations' and the criteria and rationale for their selection.
The Contractor shall perform an engineering study denoting by approach for the twelve
(12) month period following the original installation of the enforcement equipment, the
average violation rate, intersection crash rate, and documenting any rise or decline in
either of those rates. For the violation rate, compare the sixty (60) days of Courtesy
Warnings with the last sixty (60) days of the first year of operation. The report shall be
signed and sealed by a Professional Engineer licensed to practice in the State of
Florida.
The Contractor shall provide for comprehensive and fully integrated red light traffic
safety management services. The Contractor will deploy traffic safety camera
equipment at designated arterial intersections, covering one to four (4) approaches at
each intersection. At the selected approaches, up to six (6) lanes may require traffic
safety camera enforcement, including any turn lanes, except for right turn lanes.
Contractor shall not pursue any compensation or enforce right turn on red violations.
The Contractor's services shall include all hardware, software, installation,
maintenance, operation, and all back-office processing of violations.
Contractor's system will be allowed non-intrusive access to the County's traffic signal
cabinetry in accordance with Florida Department of Transportation published guidelines.
After the initial installation of any required connection inside of the County's traffic signal
cabinetry, Contractor shall not be allowed any further access without the County's
express authorization if necessary to effectuate required repairs. Such connection shall
not alter, influence or control the timing or sequence of the traffic signal.
II. SECOND PHASE OF SERVICES (Compensated):
Red Liaht Camera System
The Contractor shall provide and install all equipment including, but not limited to, poles,
cabinets, and related operational equipment at the selected intersection(s). All cameras
will be housed within an enclosure affixed to a steel or aluminum pole. All enclosures
and poles shall be painted English Ivy Green as specified within the current version of
the County's Paint Specification for Traffic Signal Equipment, which will be provided by
the County's Traffic Operations Department upon request.
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Collier County, FL~ATS Contract Amendment 2010.05.26
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Contractor's system will be allowed non-intrusive access to the County's traffic signal
cabinetry in accordance with Florida Department of Transportation published guidelines.
Contractor shall not be allowed any further access without the County's express
authorization if necessary to effectuate required repairs.
. The Contractor shall disclose whether the system, at any time, photographs an
image of the driver of the vehicle.
. The Contractor shall use a high quality digital camera system with an output in
excess of 3000 x 2000 pixels per image is required. The Contractor shall detail
the image quality specifications and provide real sets of violation image
examples captured under all conditions including, but not limited to, in daytime,
nighttime, during inclement weather, and during times where sunlight is pointing
in the direction of the camera.
. The Contractor shall provide equipment that is capable of gathering traffic data
for statistical analysis, including traffic volumes by approach and lane.
. The Contractor shall provide equipment capable of deployment in a wide range
of operating conditions; e.g., heavy traffic volumes, adverse weather conditions,
road surface configurations, etc., and across six (6) moving lanes of traffic.
. The Contractor shall provide equipment to provide a reliable non-intrusive, non-
physical connection to the red phase signal through the County's traffic signal
cabinetry in accordance with Florida Department of Transportation published
guidelines, as updated.
. The Contractor shall provide a system which must provide at least three (3)
digital color still images of each violating event. The images shall be taken to
ensure that the rear of the vehicle and license plate are captured. The first image
shall capture the vehicle before the front wheels strike the legal violation limit
line. The second image shall capture the vehicle after the rear axle has crossed
the crosswalk or legal limit line. The third image shall depict a close up of the
license plate. The Contractor will use a video system that will capture a short
duration video of the violation.
. The Contractor shall provide a camera system which shall record data pertinent
to each violation at the time of capture.
. The Contractor shall provide data which shall be recorded in a flexibly configured
data bar that is embedded with each scene, license plate and stop bar detection
images that may be used to prove the violation. The data bar shall include, at a
minimum, the following information for each violation:
a) Unique violation identifier incorporating the County;
b) Location of violation;
c) Date (MM/DDIYYYY);
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d) Time of the violation in 24 hour clock including hours, minutes and
seconds;
e) Elapsed time between images;
f) Direction of travel;
g) Traffic signal phase;
h) Time into the red phase displayed in thousandths of a second;
g) Duration of the prior amber phase;
h) Vehicle lane of travel;
i) Camera ID; and
j) Frame sequence number.
. The Contractor shall provide a system which includes an ancillary video system
as supporting information to the violation provided by the still images. The video
must be full motion at the rate of thirty (30) frames per second or greater and
allow aperture adjustment.
. The Contractor shall ensure that each imaging unit's operation shall be
microprocessor controlled and fully automatic.
. The Contractor shall include a camera system that shall be capable of on-site or
remote activation and maintenance support.
. The Contractor shall include a camera system that shall perform a self-test on
set-up; simulate a violation being recorded for testing; communicate error
messages; record date and time of system shutdown in the event of a
malfunction.
. The Contractor shall include a camera system that allows a malfunction to be
easily identified and debugged on-line.
. The Contractor shall include a camera system that records event-specific
evidence to substantiate multiple, simultaneous and/or concurrent violations
occurring during any red signal phase.
. The Contractor shall provide a system which shall provide 24 hours a day!7 days
a week "live" intersection monitoring and viewing capabilities. This video shall be
retained as required by the Florida Public Records Law, F.S. 9 119, and made
publicly accessible consistent with Florida law.
. The Contractor shall include a camera system that includes component
operations, which are synchronized to a single, standard, independent, external
and verifiable time and date source.
. The Contractor must use more than one (1) vehicle detection. The Contractor
must explain the vehicle detection methods which can be used by the system
including, but not limited to, the benefits and limitations of each (if more than one
(1) is offered).
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. Red light camera enclosures must be tamper proof and vandal proof.
. Red light camera enclosures must be designed in such a fashion that
maintenance, and other operations can be accomplished easily and quickly
without creating a public safety hazard. The Contractor shall explain typical
maintenance procedures.
. The Contractor shall state installation and construction times for a generic
intersection.
. The system shall be able to simultaneously monitor traffic in up to six (6) lanes.
. The Contractor shall monitor straight-through violations. The system shall be
capable of detecting and recording evidence of left turn violations, regardless of
vehicle speed. The system shall not detect or record right turn on red
movements.
Notwithstanding the Contractor's duty to provide the above-specified equipment, the
Contractor shall be required to modify or replace any piece of equipment should more
stringent specifications be mandated by the Florida Department of Transportation.
Violation Processina
This Agreement contemplates a procedure whereby red light violations are enforced
through the use of traffic infraction detectors, as provided in Law of Florida 2010-80, as
may be amended or recodified from time to time. When the Sheriff determines to
enforce a violation, as provided herein, ATS shall send the registered owner of the
motor vehicle a written notification (a "Notice of Violation") by first class mail as provided
more fully in Law of Florida 2010-80, as may be amended or recodified from time to
time. If the registered owner does not pay the required penalty or submit a valid
affidavit establishing an exemption, the Sheriff shall then direct ATS to issue a Uniform
Traffic Citation ("Uniform Traffic Citation") to be enforced as provided in Chapter 316
and 318 of the Florida Statutes, as may be amended from time to time.
There shall be no requirement to install Contractor processing software on County
owned or maintained information technology or computing systems. The violation
processing system shall allow the County and the Sheriff a detailed view into all of the
information related to the program. The County's IT Department will not allow software
installation on County owned or maintained equipment - the Contractor will need to
supply the County, Sheriff, and the Clerk of Court, as necessary, a stand-alone
PC/laptop with installed software with the red light enforcement system's viewing
capabilities.
All access (via a secure internet portal) to the violation processing system for the
purpose of preprocessing evidence, police authorization, notice printing, payments
tracking, and generation of court evidence packages shall be Internet enabled and shall
be available 24 hours a day/7 days a week for authorized users.
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The violation processing system shall provide the following functions:
a) Web-enabled access and operation;
b) Secure user log-in and access;
c) Automatic presentation of images and data captured by the camera
system onto review PC's;
d) Easy review of violation evidence against regulations;
e) Ability to both "play" full motion video and view multiple scene and
plate images;
f) Ability to view each image as a full screen enlargement with a
single click;
g) Ability to view all original images;
h) Ability to "crop" a license plate image area from the optimal license
plate image in the multiple-image license plate set to establish
vehicle ID, and subsequently print the cropped plate area image to
the Notice of Violation;
i) Ability to "accept" or "reject" violation sets and record rejection
reasons;
j) Ability to automatically generate printed Notices of Violation and
Uniform Traffic Citations;
k) Ability to store and archive all processed violation evidence into a
secured database;
I) 24 hours a day!7 days a week ability to access any stored violation
image from the system's database subject to agreed archive rules;
m) 24 hours a day!7 days a week ability to request and immediately
view Court Evidence Package image sequences displayed as video
or as individual high resolution still shots, or send images to print
locally;
n) 24 hours a day! 7 days week ability to immediately request, view
and print both standard and user-defined reports;
0) Secured Access Control and automatically generated electronic
audit trails;
p) Encryption and decryption management;
q) The system shall be capable of preparing and mailing one Notice of
Violation and one Uniform Traffic Citation, as directed by the
Sheriff, for all chargeable violations to vehicle owners, in the time
and manner provided for by Law of Florida 2010-80, as may be
amended or recodified from time to time.
The Collier County's Sheriffs Office, may appoint one or more deputies or Traffic
Infraction Enforcement Officers, that latter of whom if appointed shall meet the
qualifications set forth in Law of Florida 2010-80, as may be amended or recodified from
time to time, to review potential violations prior to the issuance of a Notice of Violation to
verify that a violation has occurred.
The Sheriff shall provide the County and the Contractor with the names, contact
information, and electronic signatures of all persons authorized by the Sheriff to approve
and issue Notices of Violation and Uniform Traffic Citations.
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Collier County, FL_ATS Contract Amendment 2010.05.26
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The County shall provide Contractor with the name and contact information for a
Uniform Traffic Citation manager responsible for oversight of all Uniform Traffic Citation-
related program requirements.
The Sheriff shall provide Contractor with a form of Uniform Traffic Citation that complies
with the provisions of Chapter 316 of the Florida Statutes, with the understanding that
some modifications may be necessary to enable use with Contractor's systems.
Contractor shall make an initial determination of whether recorded images of potential
violations should be forwarded to the Sheriff to determine whether a Violation has
occurred and shall not forward for processing those recorded images that clearly fail to
establish the occurrence of a Violation.
The Sheriff shall process each potential violation in accordance with State Law and
County ordinance using the violation reporting system to determine which potential
violations will be issued as Notices of Violation and, if necessary, as Uniform Traffic
Citations, and to approve their issuance.
If a motor vehicle owner who receives a Notice of Violation fails to pay the statutory
penalty or submit an affidavit that complies with all requirements provided in Section
316.0083(1)(d) of the Florida Statutes within the time period provided in Section
316.0083(1)(b) of the Florida Statutes, the Sheriff shall direct ATS to issue a Uniform
Traffic Citation automatically based on the Sheriffs prior approval of the Notice of
Violation.
The Sheriff or the County shall provide Contractor with instructions or specifications for
the treatment of affidavits supporting an exemption offered by motor vehicle owners.
The County shall establish a method by which a motor vehicle owner who has received
a Notice of Violation or a Uniform Traffic Citation may review the images and video
evidencing the Violation at www.violationinfo.comfreeofcharge.This may be at a
publicly available terminal at a County facility or by appointment with the Uniform Traffic
Citation manager.
The Contractor and the Clerk of Court's Office shall respond to inbound phone calls and
correspondence from defendants who have questions about disputes and other issues
relating to Uniform Traffic Citation adjudication. The County may refer questions
regarding the Contractor or its technology and processes to websites and/or toll free
numbers provided by Contractor for that purpose.
Any potential costs to develop a computer or other interface program between
Contractor and the court adjudication system or the Sheriff will be paid by Contractor.
Such required interface program shall be in place and available no later than July 31,
2010.
Contractor will be required to accurately capture and store images, establish a chain of
custody for the image medium, and process and issue Notices of Violation and Uniform
Traffic Citations for red light violations.
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Contractor will have the capability to generate clear, easily identifiable images for the
violations, allowing an unbiased individual to determine fault (including extenuating
circumstances).
Software to process, issue, and track Notices of Violations and Uniform Traffic Citations
will be installed and fully operational.
Connections must be established to NLETS ("National Law Enforcement
Telecommunications System") or a database acceptable to the Sheriff that allows
access to obtain motor vehicle registration information.
Notices of Violation and Uniform Traffic Citations will be sent by or at the direction of the
Sheriff in the manner and at the time provided in Law of Florida 2010-80, as may be
amended or recodified from time to time.
ATS shall be responsible for electronically transmitting all information required for
processing of Uniform Traffic Citations to the Clerk of Court.
Operations
Office and operational departments will be fully staffed by no later than July 1, 2010.
The County will have the right to review the references and background information of
any of the Contractor's employees directly involved in providing services. The County
may request the replacement of any employee providing services.
Collections
The Contractor will collect payments from motor vehicle owners who receive Notices of
Violation.
a)
b)
Payment options should include check, money order, or credit card, in
person, via telephone and over the internet.
The Contractor will directly deposit all monies into an account designated
and managed by the County. Fine collection procedures will be
developed in accordance with County procedures and Florida law.
Records will be kept in accord with generally accepted accounting
practices.
Contractor will prepare a Notice of Violation that contains all information
required by Law of Florida 2010-80, as may be amended or recodified
from time to time, which shall be sent by first class mail in the time
provided by statute.
c)
d)
Operatina Location and Customer Service Support
The automated red light enforcement system will be overseen and administered by the
Collier County Growth Management Division.
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The Contractor shall provide customer service to the County and make provisions to
assist the alleged violators who are seeking to view their violations and ask questions
with regard to the operations of the system, reporting procedures, and enforcement of
the County's ordinance.
The Contractor shall provide an adequate number of services and maintenance staff to
service the cameras and be available to respond to service requests by the County.
Image processing, issuance of citations, computer processing, financial reporting, and
overall management of the program may be performed at remote locations so long as
the Contractor remains highly responsive to the needs of the program and meets the
requirements set forth by the County.
Statistical Analvsis and Reportina Systems
The processing system shall produce statistical analysis of camera location and
operations will be preferred; including, at minimum:
a) Hours of use per camera by operational site;
b) Results achieved by each camera by site;
c) Offenses recorded by site; and
d) Traffic counts by lane, date and hour.
The processing system shall be capable of immediately generating operations reports
24 hours a day/? days a week including:
a) Number of violations recorded;
b) Count of violations where notices not prepared;
c) Notices prepared and mailed; and
d) Status of notices issued (outstanding, canceled, reissued and so
forth).
The processing system shall also supply reports of:
a) Camera equipment hours of service and hours lost; and
b) Number and description of camera or other equipment
malfunctions.
The processing system shall provide violation and traffic statistics as follows:
a) Real-time traffic volume and vehicle counts; and
b) Real-time violation graphs and chart by:
I) individual lane;
II) time of day; and
III) day of week.
The Contractor shall provide a monthly report that includes the following:
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a) The number of events detected, notices/violations issued and
prosecutable image rate by location and in total;
b) The total number of violations that occurred and percentage of total
vehicle traffic by lane; and the total number of percentage of
rejected images by reason.
The Contractor shall provide the County with statistical data and such other information
detailing the results of using the traffic infraction detectors as mandated by the reporting
requirements of Law of Florida 2010-80. In addition, the Contractor shall provide the
County web-based access to cameras to obtain raw data and video images for data and
analysis.
Image Transmission Security and Data Storaae
The system shall provide for image and data security that shall prevent unauthorized
persons from accessing the camera images and databases and tampering with images.
The Contractor shall store all enforceable images produced by cameras as required by
the Florida Public Records Law, F.S. S 119.
The Contractor shall provide an evidence package for any contested violations. The
package shall consist of:
a) All issued and disputed notices to the party;
b) A violation history report;
c) A correspondence file; and
d) A payment history.
The Contractor shall maintain a proper chain of evidence that meets the needs of the
Sheriff, and court functions.
The Contractor shall provide a qualified expert witness who is knowledgeable on the
theory, operation and functional capabilities of the red light camera unit.
Maintenance. Support and Trainina
. All maintenance of camera, video, sensors, computer and related equipment
shall be the responsibility of the Contractor.
. The Contractor shall repair or replace any inoperable equipment within seventy-
two (72) hours of detection by the Contractor or notification by the County.
. The Contractor shall describe the proposed standard process for how often the
cameras systems will be visited for maintenance and inspection and shall explain
what occurs during a maintenance and inspection visit.
. The Contractor shall provide ongoing training support as needed by the County.
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. The Contractor shall provide hands-on training as necessary to personnel as
required by the County.
. The Contractor shall provide training materials.
Operations and Public Awareness
. Contractor shall provide a project manager for the project as the single point of
contact to the County.
. Contractor shall provide intersection design and installation plans for review and
approval by the County Traffic Engineering Department and Permitting
Department.
. Contractor shall install and maintain installed cameras.
. Contractor shall be responsible for loading, optimizing, and license plate data
entry processing of images for review (final review to be processed by authorized
County personnel)
. Violations for which registered owner data is available shall be issued within the
legally required number of days of the violation event date.
. Contractor may be asked to provide all required notice processing supplies
including, paper, envelopes, postage, toner, and any and all notice printing
supplies.
. Notices of Violation shall include recorded images required by Florida Statute 9
316.0083.
. Contractor shall provide a means for the fines to be paid on-line by credit or debit
card.
. Payments tendered by Owners more than thirty (30) days after issuance of a
Notice of Violation shall not be accepted by Contractor.
. Contractor shall be responsible for providing weekly reporting data in a format
acceptable to the Clerk of Courts to allow the Clerk to transmit funds to the State
as required by law and for purposes or reporting to the Florida Department of
Revenue.
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Responsibilities of Contract Parties
1. AMERICAN TRAFFIC SOLUTIONS (ATS)
1.2 ATS IMPLEMENTATION
1.2.1 A TS agrees to provide a turnkey solution for Camera Systems to County
wherein all reasonably necessary elements required to implement and
operate the solution are the responsibility of ATS, except for those items
identified in Section 2 titled "County Scope of Work." In general, if work
is to be performed by the County, unless otherwise specified, the County
shall not charge ATS for the cost. All other in-scope work, external to
County, is the responsibility of ATS.
1.2.2 A TS will assist County with video evaluation of candidate sites using the
Axsis VIMS system.
1.2.3 ATS will maintain the Camera Systems at the nineteen (19) existing
approaches. No Camera Systems will be installed at additional
approaches without the approval of the County.
1.2.4 ATS will operate each Camera System on a 24-hour basis, barring
downtime for maintenance and normal servicing activities.
1.2.5 ATS's in-house marketing department will assist County with public
information and outreach campaign strategies. In addition, depending
upon the agreed-upon strategy, ATS may pay for agreed upon extra
scope expenditures for public relations consultants, advertising, or media
relations.
1.2.6 ATS agrees to provide a secure web site (www.violationinfo.com)
accessible to Owners who have received Notices of Violation or Uniform
Traffic Citations by means of a Notice # and PIN, which will allow
violation image and video viewing.
1.2.7 ATS shall provide technician site visits to each Camera System once per
month to perform preventive maintenance checks consisting of camera
enclosure lens cleaning; camera, strobe and controller enclosure
cleaning; inspection of exposed wires; and, general system inspections
and maintenance.
1.2.8 ATS shall repair a non-functional Camera System within seventy-two
(72) business hours of determination of a malfunction.
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1.2.9 ATS shall repair the Axsis VPS System within one (1) business day from
the time of reported outage. Outages of County internet connections or
infrastructure are excluded from this service level.
1.2.10For any customer using ATS lockbox or epayment services, ATS will
establish a demand deposit account bearing the title, "American Traffic
Solutions, Inc. as agent for Customer" at U.S. Bank. All funds collected
on behalf of customer will be deposited in this account and transferred
by wire the first business day of each month to County's primary deposit
bank. County will identify the account to receive funds wired from U.S.
Bank. County shall sign a W-9 and blocked account agreement, to be
completed by County, to ensure County's financial interest in said U.S.
Bank account is preserved.
1.3 ATS OPERATIONS
1.3.1 ATS shall provide County with an automated web-based citation
processing system (Axsis VPS) including image processing, color
printing and mailing of a Notice of Violation per chargeable event. Each
Notice of Violation shall be delivered by first class mail to the Owner
within the statutory period.
1.3.2 ATS shall make an initial determination of whether recorded images of
violations should be forwarded to the Sheriff to determine whether a
violation has occurred and shall not forward for processing those recorded
images that clearly fail to establish the occurrence of a violation.
1.3.3 Upon expiration of the due date of the Notice of Violation, ATS shall
issue a Uniform Traffic Citation, which shall be delivered by certified mail
to the Owner within the statutory period. The issuance of the Uniform
Traffic Citation shall be based on the Sheriffs prior approval of the
Notice of Violation and shall carry the Sheriffs employee's electronic
signature.
1.3.4 A TS shall make available a form of affidavit, approved by County and
the Sheriff, to be used by a motor vehicle owner who wishes to establish
the existence of an exemption to a Notice of Violation or Uniform Traffic
Citation as provided in Section 316.0083(1) (d) 1 of the Florida Statutes.
1.3.5 ATS shall apply an electronic signature to a Notice of Violation or
Uniform Traffic Citation, as authorized to do so by the Sheriff.
1.3.6 ATS shall obtain in-state vehicle registration information necessary to
issue Notices of Violation and Uniform Traffic Citations as authorized by
the Sheriff.
1.3.7 Assuming that it is named as Sheriffs agent for the limited purpose
stated in section 1.3.6, ATS shall seek records from NLETS, or other
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vehicle registration databases acceptable to the Sheriff, and apply such
records found to issue Notices of Violation and Uniform Traffic Citations.
1.3.8 If County is unable to or does not desire to integrate ATS data into the
adjudication system, ATS shall provide an on-line adjudication
processing module, which will enable the adjudication function to review
cases, related images, correspondence and other related information
required to adjudicate the disputed Uniform Traffic Citation. The system
will also enable the Clerk of Court's staff to accept and account for
payments and generate reports as required by law; including those
reports that must be filed with the Florida Department of Revenue each
week. Any costs charged by a third party vendor to integrate ATS's
system to the Clerk of Court's adjudication computer system shall be
borne by ATS.
1.3.9 A TS shall provide to the County access to the Axsis VPS ™ System,
which provides the County with the ability to run and print standard
system reports.
1.3.10 If required by the County, ATS shall, at ATS's expense, provide the
County with, and train a local expert witness able to testify in Court on
matters relating to the accuracy, technical operations, and effectiveness
of the Axsis ™ System until judicial notice is taken.
1.3.11 In those instances where damage to a Camera System or sensors is
caused by negligence on the part of County or its authorized agent(s),
ATS will provide County an estimate of the cost of repair. Upon
authorization to proceed with the repairs or replacement, ATS shall
replace or repair any damaged equipment and invoice County for the
pre-approved repair cost. ATS shall bear the cost to replace or repair
equipment damaged in all other circumstances.
1.3.12 ATS shall provide a toll-free help-line to help County resolve any
problems encountered regarding its Camera System and/or citation
processing. The help-line shall function during normal business hours.
1.3.13 As part of its turnkey system, A TS shall provide Owners with the ability
to view recorded images of violations involving their motor vehicles
online. This online viewing system shall include a link to the ATS
payment website(s) and may offer the opportunity to download a form
affidavit to establish an exemption under Section 316.0083(1) (d) of the
Florida Statutes. Online-obtained affidavits submitted in response to a
Notice of Violation or Uniform Traffic Citations shall be directed to and
processed by A TS and communicated to County and the Sheriff via the
Axsis System.
1.3.14 All traffic detection equipment supplied by ATS shall meet and comply
with FDOT specifications and standards currently being developed.
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1.3.15 ATS shall be responsible for electronically transmitting all information
required for processing of Uniform Traffic Citations to the Clerk of Court.
II. COUNTY SCOPE OF WORK
2.2 GENERAL IMPLEMENTATION REQUIREMENTS
2.2.1 On or before July 1, 2010, County shall provide ATS with the name and
contact information for a project manager with authority to coordinate
County responsibilities under the Agreement.
2.2.2 On or before July 1, 2010, County shall provide ATS with the name and
contact information for a Uniform Traffic Citation manager responsible
for oversight of all Uniform Traffic Citation-related program requirements.
2.2.3 On or before July 1, 2010, County and/or the Sheriff shall provide A TS
with the name(s), contact information, and electronic signature(s) of
persons authorized by the Sheriff to approve and issue Notices of
Violation and Uniform Traffic Citations.
2.2.4 County shall establish a method by which an Owner who has received a
Notice of Violation or a Uniform Traffic Citation may review the images
and video evidencing the Violation at www.violationinfo.com free of
charge. This may be at a publicly available terminal at a County facility
or by appointment with the Uniform Traffic Citation manager.
2.3 TRAFFIC OPERATIONS DEPARTMENT
2.3.1 If County chooses to move a Camera System to a new approach after
initial installation, it shall pay the costs to relocate the System.
2.3.2 County will design, fabricate, install and maintain red light camera
warning signs required by law to be posted in connection with the use of
a Camera System.
2.3.3 County shall allow ATS to access power from existing power sources at
no cost at power disconnect boxes for the controller cabinet nearest to
each Camera System within County's jurisdiction. The power supply
cable for the camera operation shall be wired by A TS to utilize a
separate circuit breaker with the power disconnect enclosure.
2.3.4 Installation plans and drawings will be stamped by a Florida licensed civil
engineer. A TS work product and drawings shall be overseen and
approved by an A TS PE and such deliverables shall conform to
applicable engineering norms and reflect the details of installation work
to be completed.
2.3.5 County shall approve or reject ATS submitted plans within seven (7)
business days of receipt.
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2.3.6 ATS and/or its subcontractor will be subject to attaining all County Right-
of-Way permits necessary for building, construction, street use, lane
closures, and/or pole attachment permits.
2.4 COLLIER COUNTY SHERIFF'S OFFICE
2.4.1 The Sheriffs Office shall execute the ATS DMV Subscriber Services
Agreement (Schedule 2) to provide verification to the State Department
of Motor Vehicles, National Law Enforcement Telecommunications
System, or appropriate authority indicating that ATS is acting as an
Agent of Customer for the purposes of accessing vehicle ownership data
pursuant to the list of permissible uses delineated in the Drivers Privacy
Protection Act 18 U.S.C. 2721, Section (b) (1) and as may otherwise be
provided or required by any provision of applicable state law.
2.4.2 The Sheriff shall process each potential violation in accordance with
State Law and County Ordinances within three (3) business days of its
appearance in the Law Enforcement Review Queue, using Axsis to
determine which violations will be issued as Notices of Violation.
2.4.3 County and the Sheriff shall provide ATS with a form of Uniform Traffic
Citation that complies with the provisions of Chapter 316 of the Florida
Statutes, with the understanding that some modifications may be
necessary to enable use with ATS's systems.
2.4.4 If an Owner who receives a Notice of Violation fails to pay the statutory
penalty or submit an affidavit that complies with all requirements
provided in Section 316.0083(1) (d) of the Florida Statutes within the
time period provided in Section 316.0083(1) (b) of the Florida Statutes,
the issuance of a Uniform Traffic Citation by or at the Sheriffs direction
will automatically occur based on the prior Traffic Infraction Enforcement
Officer approval of the Notice of Violation.
2.4.5 The Sheriffs Office shall provide ATS with instructions or specifications
for the treatment of affidavits, with the understanding that some
modifications may be necessary to ensure compatibility with ATS's
processes.
2.4.6 Sheriffs Office workstation computer monitors for citation review and
approval should provide a resolution of 1280 x 1024.
2.4.7 For optimal data throughput, Sheriffs Office workstations should be
connected to a high-speed internet connection with bandwidth of T-1 or
greater.
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2.4.8 County or the Sheriff shall provide signatures, on forms provided by
ATS, of all authorized Sheriff personnel who will review events and
approve Notices of Violation and Uniform Traffic Citations.
2.5 ADJUDICATION OPERATIONS
2.5.1 The Contractor and the Clerk of Court's Office shall respond to inbound
phone calls and correspondence from defendants who have questions
about disputes and other issues relating to Uniform Traffic Citation
adjudication. The County may refer questions regarding the Contractor
or its technology and processes to websites and/or toll free numbers
provide by Contractor for that purpose.
2.5.2 Any potential, one time, direct costs (including ATS's costs) to ATS to
develop an interface between the adjudication system will be paid by
ATS.
2.6 PRICING
A TS is to furnish a turnkey red light camera program including but not
limited to providing the camera system installation, maintenance, and all
on-going field and back-office operations consistent with this Agreement,
based on the following:
2.6.1 Upon signing this Amendment, the Contractor shall pay the
County $8,250.00 each month for the right to operate its red light
camera running program, with the first payment due within 5
business days from execution of this Amendment, and with each
subsequent payment due no later than the first of each and every
month thereafter.
Any payments received by the County that are owed to Contractor
will be paid to Contractor subject to the terms of the Agreement
and in compliance with Section 218.70, Fla. Stat., otherwise
known as the "Local Government Prompt Payment Act." Exhibit B
(Pricing) is hereby deleted in its entirety.
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