Loading...
Agenda 06/12/2012 Item #11A6/12/2012 Item 11.A. EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners (BCC) to review options and provide direction regarding the existing approved contract with American Traffic Solutions, Inc., (ATS) for the Traffic Infraction Detection (TID) program and approve any necessary budget amendments (Fiscal Impact: up to $171,000 in FY 2012). (Nick Casalanguida, Growth Management Administrator) OBJECTIVE: To have the BCC consider the options regarding the existing approved contract with ATS and provide direction to staff to either terminate the contract or appropriate the necessary funds. CONSIDERATIONS: On February 28, 2012 (Agenda item 11J), the Board of County Commissioners approved, by a vote of 3 -2, a settlement agreement between Collier County and ATS relative to the TID Program. Under the terms of this settlement, Collier County paid ATS the sum of $522,454 for previously provided services that had been unpaid, in exchange for the County being released from all claims and amounts owed prior to January 1, 2012. Further, the settlement and release Agreement provided that ATS will continue to provide TID Program operational support at nineteen (19) monitored approaches for a recurring monthly fee of $28,500 or $256,500 for FY 2012 and an annual amount of $342,000 in subsequent years. At that meeting the Collier County Sherriff stated that he supported the TID program and asked the BCC to approve the item. On May 22, 2012 (Agenda Item 111) the BCC considered the following information regarding the ATS TID program budget amendment request in order to effectuate full payment of the approved agreement: The FY 2012 adopted budget of $680,000 was sized on anticipated fee collections during FY 2012 and is insufficient to cover the cost of settlement ($522,500), monthly contractual services ($256,500) and estimated administration and reimbursements ($72,000). The total budget appropriation necessary for FY 2012 is anticipated to be $851,000 and will require a budget amendment in the amount of $171,000. Historical or prior year revenues collected over expenses for this program are part of the General Fund (001) balance. General Fund (001) reserves are sufficient to fund the remainder of contractual services for FY 2012. While funds required in this budget amendment request reside in the General Fund, they are solely from fees collected from the TID program. The BCC by a vote of 2 -2 (split vote) effectively denied the budget request to appropriate the remaining funds needed to pay for the existing approved contract. Paragraph twenty -two (22), of the approved contract, states that the agreement is subject to BCC appropriation. The two actions of the Board are in conflict and require further direction. The BCC can either direct the County Manager or his designee to terminate the contract with ATS and pay for services rendered to the effective date of termination or appropriate the necessary funds to continue the contract. Packet Page -418- 6/12/2012 Item 11.A. FISCAL IMPACT: The continuation of the contract will require a budget amendment in the amount of $171,000 for FY12. The termination of the contract will require a budget amendment less than $171,000 subject to effective notice to ATS. LEGAL CONSIDERATIONS: The County Attorney has reviewed this item. The parties' relationship is set forth in the Board approved Settlement Agreement dated February 28, 2012, a copy of which is included as back -up to this agenda item. Pursuant to this Agreement, both parties have the right to terminate on 30 days written notice following the one year anniversary date of the Agreement. Prior to such time, the Agreement can only be terminated by the County for cause, following a 30 day opportunity to cure. It should be noted that simply not paying for the services rendered may raise issues with non - compliance of the Florida Prompt Payment Act. With that said, the item is legally sufficient, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board directs the County Manager or designee to either: 1) Approve the necessary budget amendment in the amount of $171,000 to fund the recurring TID program support fees for the remainder of FY 2012; or 2) Terminate the contract and pay for services rendered to the effective termination date; approve the necessary budget amendment less than $171,000 to effectuate final payment. Prepared By: Nick Casalanguida, Administrator, Growth Management Division Attachments: Meeting minutes from February 28th Packet Page -419- 6/12/2012 Item 11.A. COLLIER COUNTY Board of County Commissioners Item Number: 11.A. Item Summary: Recommendation for the Board of County Commissioners (BCC) to review options and provide direction regarding the existing approved contract with American Traffic Solutions, Inc., (ATS) for the Traffic Infraction Detection (TID) program and approve any necessary budget amendments (Fiscal Impact: up to $171,000 in FY 2012). (Nick Casalanguida, Growth Management Administrator) Meeting Date: 6/12/2012 Prepared By Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C 6/5/2012 8:22:22 AM Submitted by Title: Deputy Administrator - GMD,Business Management & Budget Office Name: CasalanguidaNick 6/5/2012 8:22:24 AM Approved By Name: BetancurNatali Title: Executive SecretaryTransportation Engineering & C Date: 6/5/2012 8:50:06 AM Name: MarcellaJeanne Title: Executive SecretaryTransportation Planning Date: 6/5/2012 9:16:28 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 6/5/2012 2:34:13 PM Name: KlatzkowJeff Title: County Attorney Packet Page -420- Date: 6/5/2012 4:01:39 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 6/5/2012 4:17:45 PM Name: OchsLeo Title: County Manager Date: 6/5/2012 4:32:53 PM Packet Page -421- 6/12/2012 Item 11.A. 6/12/2012 Item 11.A. February 28, 2012 SETTLEMENT AND RELEASE AGREEMENT BETWEEN COLLIER COUNTY AND AMERICAN TRAFFIC SOLUTIONS, INC. FOR PROVISION OF COLLIER COUNTY'S TRAFFIC INFRACTION DETECTOR PROGRAM (TID PROGRAM) ALSO KNOWN AS THE RED LIGHT RUNNING CAMERA ENFORCEMENT SYSTEM — APPROVED MR. OCHS : Yes, sir. That's Item 11 J on your agenda this morning. It's a recommendation to approve a settlement release agreement between Collier County and American Traffic Solutions, Incorporated, for provision of Collier County's Traffic Infraction Detector Program, also known as Red Light Running Camera Enforcement System. Mr. Ahmad will present. MR. AHMAD: Mr. Chairman, Commissioners, I'm Jay Ahmad, for the record, your director of transportation engineering. This is a settlement and release agreement and also it's a continuation of this program as part of this executive summary that's before you this morning. COMMISSIONER HENNING: Sorry. I apologize. MR. AHMAD: A brief history of this program -- and I'm sure you're aware of this. Before I start, I'd like to acknowledge some of the folks in this room that -- we have our sheriff, Sheriff Rambosk, on this item as well, and we also have folks from ATS, Gary -- Greg Parks and Mike McAllister of ATS, and thank you, folks, for being here with us on this item. The program history: We started this with the sheriff. Sheriff -- it was under the sheriff back then. Sheriff Rambosk brought to you an ordinance. He asked you for help to approve the use of cameras to enforce red light runners in this county as was and still is a big problem in our county. The board approved Ordinance 08 -22 at that meeting in April and Page 85 Packet Page -422- 6/12/2012 Item 11.A. February 28, 2012 directed staff, the county manager of traffic operations, to solicit bids from providers of red light camera vendors. We went out to bid, and the lowest responsible vendor was ATS. And we brought you a contract in February, February 10, 2009, and the BCC approved -- you approved that contract at that meeting. We began issuing -- or the sheriff started issuing citations with ATS May 13th -- Pm.sorry -- April 30, 2009. That's -- the first citation was issued, and the code enforcement back then was the -- if there's an appeal, it goes through code enforcement. The state's laws changed. The citations continued till May 13, 2010, when the state got into the act. They approved what's called the Mark Wandall Traffic Safety Act, and was signed into law on May 13th. So we began in discussion with ATS, together with our county attorney and our Clerk of Court, to amend the contract that you have with ATS, and we brought to you Amendment No. 1 on June 22nd, which was approved at that meeting. The law became effective in July, first of July. We start -- the county starts issuing citations called notice of violations on July 1st based on the new contract and based on the law. The first invoice, based on that Amendment No. 1, was paid in August by the Clerk, and the Clerk discovered that he had some concern or he had concern about this item in violation of the state law. So the payment stopped by the Clerk to ATS since August 2010. We've been trying to resolve this, and our county attorney has been putting thousands -- hundreds of hours, I think -- Scott Teach is with us here this morning as well -- myself, and thanks to also our Clerk of Courts, Crystal. We've been trying to resolve this instead of fighting it out. And I think it's been successful, been talking to ATS, and today we're bringing you a settlement agreement that we, as a county, the Clerk, our county attorney, ATS are all -- we're all comfortable with. Mme Packet Page -423- 6/12/2012 Item 11.A. February 28, 2012 CHAIRMAN COYLE: Okay. We have public speakers? MR. AHMAD: I'm sorry. I -- if you wish, I could stop here, but I've just got a couple more slides to tell you what the settlement is and what's going on with the program next, if you want me to. CHAIRMAN COYLE: If you can get through it quickly. MR. AHMAD: Okay. The settlement, quickly, is you directed us to have a cost neutral. The county -- the taxpayers of this county are not paying a penny into this program. The violators of this program will pay the cost to run this program. We have some minor administration costs, which is a job banker, and growth management and the job banker approved but not filled at the Clerk's Office. We, in this settlement, have a flat rate in accordance with the state statute that the Clerk is comfortable with. We went out to bid in a form of letter of interest. How much the -- to have it cost neutral, if any of the vendors out there are interested in bidding for this. And, frankly, we only got ATS as the only bidder for this at the price that we dictated to them. This settlement provides payment for, unpaid, since August till December of 2011, $522,454. And, again, this payment is from money collected from people who violated red light cameras. Going forward with the program, we are, again, going to be still cost neutral. The county will have a job banker, as the Clerk has an option for a job banker. Again, that hasn't been filled today. The agreement is for ten years, but it could be negotiated or terminated after one year with a 30 -day notice. We're going to continue the program based on $1,500 for approach per month, which totals, for the 19 approaches that we have in the county, 28,500. And, again, we're all in agreement with this. I'm going to move quickly. The reason for this -- and I'm going to move it to the Clerk, if you allow me to -- we have a lot of violators in this county. To date, since the inception of the program -- and I'm not talking right turn on red -- we have 5,422 left -turn violators. Packet Page -424- 6/12/2012 Item 11.A. February 28, 2012 We have over 15,000 through -- straight through movement violations. We're averaging, for the 19 approaches -- now, 19 approaches at ten intersections, we're averaging over 750 violations per month. And I'm going to leave it at this. If I can ask our sheriff to come forward and tell you why this program is important to him and to the county. CHAIRMAN COYLE: Welcome, Sheriff Rambosk. SHERIFF RAMBOSK: Good morning, Chairman, members of the commission. Just, real briefly, four years ago the number one identified violation was running of red lights. Our community had very clearly indicated to me since -- at that time and since that time that this responsibility was extremely important to them. It's certainly a labor incentive responsibility when you look at the types of numbers that you just saw for left turn and straight through violations of red light running in Collier County, which -- by the way, I'd like to remind everybody is a violation of state statute as well, and we utilize that philosophy. When our deputy looks at a violation, they look to determine was there a cause of that violation, emergency vehicle, some other action, and when there was not, and they would issue a citation if they were standing there, they would issue this. I can tell you that in the last town hall meetings .1 had there was a question about whether we still needed this program or not. And absolutely, the majority of people indicated to me that they wanted me to represent them and say, yes, we needed to continue the program. I can tell you that the sense of traffic safety, while we still have some violators, when I sit at intersections today, whether they be red lighted or not, I see many more people approaching it more cautiously and stopping, even for right turns, and that makes a big difference. That's why this is so important. Packet Page -425- 6/12/2012 Item 11.A. February 28, 2012 And, you know, we are in a unique situation where there's no penalty to the taxpayer for this but rather just those that don't stop for red lights. It is my position to support this and recommend that you approve it. CHAIRMAN COYLE: Sheriff Rambosk, could you answer a question for me? SHERIFF RAMBOSK: Yes. CHAIRMAN COYLE: If we were to discontinue this, what would be the impact on your office as far as enforcement is concerned? SHERIFF R.AMBOSK: Okay. A traffic officer full time writes about 4,000 tickets a year. Right now you can see the numbers there. We would have to incur the cost of four to five additional traffic officers. As you're aware, with the economic impact we've had over the last four years, we are actually down in the number of traffic officers we have. So I would be seeking ways to fund additional enforcement at about $100,000 a piece per officer. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner -- we have other speakers? MR. MITCHELL: Sir, we have two speakers. CHAIRMAN COYLE: Okay. Let's call those speakers. MR. MITCHELL: The first one is Vincent Angiolillo, and he'll be followed by John Lundin. MR. ANGIOLILLO: Hello, Commissioners. I am Vinny Angiolillo, voter qualified candidate for sheriff of Collier County. Commissioners, on May 25th I spoke before this commission regarding the right -hand turn on red camera fiasco. I stated this failed program would cost the county money in lawsuits and continued cost to the taxpayers. I would like to correct the last two speakers. Violators in this Packet Page -426- 6/12/2012 Item 11.A. February 28, 2012 community are still taxpayers. Ameri can Traffic Solutions, in their quest for revenue, has caused legal problems for this county, and there are more to come. There is also new legislation that will be passed. American Traffic Solutions has raped this community of money from our hard - working citizens with no significant reductions of traffic accidents at intersections where the cameras are active. I am the person responsible for advising the general public in person and through the news media of the class - action settlement that will be ruled upon this afternoon. I have a copy of that receipt if you'd like to see it on the documentation. Please stop the charade masqueraded as a safety issue when, in reality, it is taxation by citation, which now has gone beyond that in costing the county, as just previously reported, time and money. A positive result of this, we tried it, and it did not work in our paradise. To American Traffic Solutions I say, I hear monetary predators are welcome in my home state of Connecticut where Jackson Labs went. Take your business there. Pay ATS, Commissioners, the money that they're owed. Do no further business with these people, and have them take their flashing cameras off our streets, and let's run them out of town. I am watching you for a unanimous vote on this decision. Thank you, commissioners. MR. LUNDIN: Hi. I'm John Lundin. I've been researching the red light camera issue from a national situation. Many cities, counties, and states are taking the red camera lights (sic) out, and one of the reasons cited is the due process under the 4th Amendment to the United States Constitution. I'd like to read the 4th Amendment right away for you so you'll understand. The right of the people to be secure in their persons, houses, papers, and affects against unreasonable search and seizures shall not be violated, and no warrant shall be issued but upon probable Page 90 Packet Page -427- 6/12/2012 Item 11.A. February 28, 2012 cause supported by oath or affirmation, particularly describing the place to be searched and the persons or things to be seized. Now, the United States Supreme Court has ruled that when a person is driving in their car, they have the same privacy rights as when they're in their home. Now, before we had the red light traffic cameras, a police officer would observe someone violating the law, going through a red light, and they would pull them over and they would discuss why they went through the red light. That is due process. Ever since we've installed the red light cameras, we've taken the due process out of the event, and now we have a camera taking a picture, and we have someone from the Sheriffs Office 20 miles away making arbitrary decisions about if this person violated the law. Now, you've got to understand, when a person is in their car, it is -- they are like in their home, and the government is not allowed to put a camera in front of your house and take a picture of your house to determine if you're violating some law. So this basically violates due process under the 4th Amendment. Thank you. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Okay. Who's -- who was first here? COMMISSIONER COLETTA: I was. COMMISSIONER FIALA: I think I was the second one. CHAIRMAN COYLE: Okay. Commissioner Coletta. COMMISSIONER COLETTA: Yeah. First -- the first question's for you, Jay. There was two issues that I've had about these cameras from day one, and the first issue you can address now, and that has to do with the claim that was made some years ago that this was nothing more than a money making scheme. This commission came out and directed the county staff to come up with a way so that it does nothing more than just cover costs so we can remove that stigma from the rules that we have here, and it Page 91 Packet Page -428- Fet 6/12/2012 Item 11.A. we were doing. It would just be able to wouldn't be applying to `'What and welfare. deal with the health, safety, a gave you that been fairly successful since we g y going Okay. No�'� we've b where are we g g Now, under this change to the contract, °sition, is this directive. to be a revenue neutral prop to stand? Are we still going n money, or is it going to be bringing going to end up costing the county in a profit? ' ssioner, this is a revenue neutral contract . N4R. AHMAD: commissioner, per approach that were bringing We based our estimates of $1,500 sued pAnd per month based on historical citations that have been les a it, some go and the percentage of collections s a person goes to based on that doesn't get anything when to court, and the county Of to the court system court -- our costs. Is it to the exact dollar? The -- that $1,500 c overs Y months you'll have higher collections, some o11 be course not, but some you -- roughly y ,months you'll have lower, but on an average, y ou'll a the two m You'll pay ATS under the contract, y pay low breaking even. much it. job bankers, and that's pretty TTA: Do you see a possibility the COMMISSIONER COLE violations could suddenly fall off and our revenue stream would See decrease to the point this would be a financial burden, or don t you that? the display on the monitor there MR AHMAD: Sir, actually, ro am you could see the citations since the inception of this no gr longer enforce the shows on red you g when you remove the right turn essentially says the sheriff has to find right turn on red, and the state 1 manner before he can issue a citation. rce so we a prudent and careful to enfo sheriff elected that that's a difficult thing and and -- since So the s 13, two thous e no longer, since that date -- in May forcin the right turn on red, t w was approved, we're no longer en g the la roximately the 7,800 level per month. so the citations dropped to app vn,, can see that on that visualizer which basically runs the Page 92 Packet Page -429- 6/12/2012 Item 11.A. February 28, 2012 citations that are collected. COMMISSIONER COLETTA: Okay. Thank you for that. MR. AHMAD: you're welcome. COMMISSIONER COLETTA: My next question is for the sheriff. Thank you for being here today. I really appreciate you coming. Regarding the effectiveness of the cameras, that's another issue that came up. Because one of the reasons they're there, the primary reason is for health, safety, and welfare, and to be able to prevent accidents; however, recently some data came up -- and I'm not saying that the data was flawless -- that indicated there was no net gain as far as a decrease in accidents. Could you comment on that, sir? SHERIFF RAMBOSK: I don't have those traffic stats. That would probably be from your transportation department; however, you know, it's very hard to prove a negative, when something is not going to occur. One of the biggest questions that was raised when we were here before you four years ago was the philosophy that installing the red light cameras would increase rear end accidents at these locations. That -- and your transportation department can advise me if I'm not correct, but my understanding today is that has not occurred in Collier County. And, in fact, I don't know that I can stand here and tell you and attribute to the red light cameras themselves, but a number of the intersections I've looked at -- in fact the majority of them -- have had less accidents overall. So it answers the question about the rear end accidents and what is attributable to -- you know, awareness is one of the more difficult parts of our job. So when we can let people know in our community that we are interested in making it safe, we use technology in addition to street enforcement, and we do it very prudently and find that there Page 93 Packet Page -430- 6/12/2012 Item 11.A. February 28, 2012 has been no increase in accidents, particularly with the increase in traffic that we've seen lately. I'm going to say that between that and what I observe on the road where people are driving more cautiously at these intersections than what we would be at today if we didn't have the cameras, I believe, makes a positive difference. COMMISSIONER COLETTA: You believe that this is an important part of your operations to be able to preserve the laws of Collier County? SHERIFF RAMBOSK: Oh, absolutely. COMMISSIONER COLETTA: Without question? SHERIFF RAMBOSK: Without question. COMMISSIONER COLETTA: Thank you, sir. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. Let's see. First of all, I wanted to say -- I've got all kinds of little notes. That was very interesting, by the way, Sheriff Rambosk. I was glad to hear that. When we had the right on red, I think we all realized- -- none of us realized that they were going to do that right on red, but that was money grab and we quickly eliminated that. I think I was the one that made the motion. I didn't want to see that happen any longer. Since then I wanted to know how many deaths we'd had at intersections with cameras. The last time that there was -- in 2006 there were two fatalities at two separate intersections, but those intersections now have red light cameras, and there have been no other fatalities since 2006 at any of the intersections that have red light cameras. That, in itself, tells me a great deal, because it's all about protecting human life, and that's what we're trying to do now is protect people. I don't understand why anybody wouldn't want them, because it certainly does make one think, I better be careful -- I better stop. That Page 94 Packet Page -431- ... . . I „ ,....... — 6/12/2012 Item 11.A. February 28, 2012 light's turning yellow. I better stop. I think -- I've had many people tell me that they drive a little more cautiously just because they know the camera's watching them. And if that -- if that serves the purpose and it saves just one life, we're on the right track... I think the sheriff certainly knows better than us what's needed to protect drivers from red light runners, and I have to -- I have to say that, as long as you endorse it -- it was the sheriff that introduced this to our county in the first place, he's still a believer, and he believes strongly in it, and so I have to place a lot of faith in that. Just the other day I was in an intersection that didn't have a camera. I couldn't get through the intersection because the traffic was pouring through it. Even though they had a red light, they kept right on going through. And so we were all sitting at a green light just waiting until they stopped. So then one guy decides to pull out, and he's going to pull in between them to stop the rest of them from coming through. And I thought, oh, my goodness, that's so dangerous. And so, you know, people know where the cameras are and where they aren't, and it becomes -- I think they are a great safety feature. Thank you. CHAIRMAN COYLE: Thank you. Commissioner Hiller? COMMISSIONER HILLER: Well, it's a very complicated issue. First of all, I would like to know more about how much Collier County is going to be paying as part of this litigated settlement that is going to ,be heard this afternoon. MR. KLATZKOW: How much are we paying? It's out of the escrow, okay. So we're not really -- out of ticket revenue we've generated, I believe the number's around $325,000 we've agreed to. COMMISSIONER HILLER: And that is a settlement with Page 95 Packet Page -432- 6/12/2012 Item 11.A. February 28, 2012 plaintiffs who are claiming what? ,M MR. KLATZKOW: They were. claiming that the red light on red prior to the statute was unlawful because it violated the Uniform Traffic Safety Law of Florida. COMMISSIONER HILLER: Were there any other claims? MR. KLATZKOW: That was the primary claim. COMMISSIONER HILLER: What were the other claims? MR. KLATZKOW: Oh, I'm sure there was a whole host, unconstitutional, but that was the primary claim. COMMISSIONER HILLER: Well, I'm sure that the unconstitutionality was probably another claim that was high on their list. Was it? MR. KLATZKOW: Ma'am, I don't remember. The primary claim was that it was in violation of state law because of the State Uniform Traffic Law. COMMISSIONER HILLER: And there are a host of other such suits that have been filed around the state? MR. KLATZKOW: Yes, all of which are being settled now. COMMISSIONER HILLER: Well, my concern about the constitutionality of these red light cameras remain. And, you know, while I appreciate that there may be a cost to the Sheriffs Office, until I have assurances that this in no way is unconstitutional, I find it very difficult to support. I looked at the numbers that were presented on this chart, and what I did is I basically -- I took the highest and the lowest in the 2010 period, the highest being 1,054 runs and the lowest being 593. I divided them both by 30 and then by the 19 cameras, and came out -- and I found that at the highest we had 1.85 runs per day per camera and at the lowest we had one run per day per camera. So it doesn't seem like the numbers are so high as to warrant that much more staffing. So while I am 100 percent for public safety, and I do feel it's Page 96 Packet Page -433- 6/12/2012 Item 11.A. February 28, 2012 extremely important to save everywhere we can, if there is any question as to the constitutionality and the rights of individuals, I have to say that that trumps everything. So it would be very difficult for me to support the ongoing relationship with these red light cameras in light of how it interferes with individual rights. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: This isn't -- this is about a settlement on past issues. COMMISSIONER. HILLER: But it's my understanding it's also about an ongoing relationship. COMMISSIONER HENNING: Well, it's not an amendment to the -- is it an amendment to the contract? Because the contract is really the relationship. MR. TEACH: Commissioner, it's doing two things. One -- COMMISSIONER HENNING: What's your name? MR. TEACH: Qh, Scott Teach, deputy county attorney. It's doing two things; one, ATS hasn't been paid for approximately the last 18 months. They've been providing this service with no compensation. So we went back and we negotiated payment for those periods up through December 31, 2011. And the second part of it is ATS was under current contract, which was the Amendment No. 1 that Mr. Ahmad went through. And we put out a letter of interest in 2011 and we negotiated a contract going forward, and that's the second part of this agreement. It's a settlement agreement and release, and it's also an agreement for service going forward. COMMISSIONER HENNING: So it is an amendment to the contract? MR. TEACH: In essence, but we're really superseding the original agreement. It has new terms. It has a new cost, a term of compensation. So it is an amendment, but what we did was we rolled a Page 97 Packet Page -434- 6/12/2012 Item 11.A. February 28, 2012 settlement agreement into an agreement for services going forward, and there's reasons why we did that as well. COMMISSIONER HENNING: Has the agreement been amended to remove the unlawfulness of the action in 2008? That's when we went under contract with ATS. 2008 is when we created the ordinance; 2008 is when we created the agreement. MR. TEACH: Yeah -- yes, Commissioner, the contract is lawful. I mean, the issue with the Cinquegrana case had more to do with the fact that there wasn't a state statute providing for red light traffic enforcement devices at the time. Once that was passed effective July 1, 2010, then the state has authorized through statute that you can operate these. So, you know, we had a program that was by ordinance before. Now we're operating pursuant to the statute passed by the Florida legislature. COMMISSIONER HENNING: Right. Has the ordinance been amended to be in concert with the Florida law? MR. TEACH: Yes, sir, yes. The ordinance which was amended prior to that July 1, 2010, effective date incorporated the Florida Statute, the Mark Wandall Traffic Act. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Motion? COMMISSIONER HENNING: It's quite interesting, in 2008 when we -- this was very controversial in 2008. We were told that it was lawful because other communities in the State of Florida was doing this. I guess we were wrong. MR. TEACH: Well, anecdotally, across the country there's in excess of 20 -plus state, 22 -- I know ATS is in at least 22 states throughout the country operating in a similar fashion. COMMISSIONER HENNING: I didn't support it in 2008. And I still don't -- I think it's still too much government. I understand it's a tool; however, I don't think that you can answer the constitutional Packet Page -435- 6/12/2012 Item 11.A. February 28, 2012 question that was brought up by Mr. Lundin until it's tested in the courts. And, again -- I mean, nobody can stand up here and tell me that it's lawful under the Constitution, because we were told, 2008, other communities in the State of Florida was doing it, and that was the reason and the justification to pass it, and obviously that was wrong. MR. TEACH: I can tell the board that there have been some United States Court of Appeals, the courts right below the Supreme Court. For example, the Ninth Circuit Court of Appeals has reviewed these issues and confirmed the constitutionality of certain provisions regarding red light enforcement. CHAIRMAN COYLE: Motion to approve. COMMISSIONER COLETTA: No. CHAIRMAN COYLE: I've got a motion to approve. Is there a second? COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. Now, Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Mr. Teach? MR. TEACH: Yes. COMMISSIONER COLETTA: If I could, on this agreement that we have, how long is this agreement in force? How long is the contractual date? MR. TEACH: Well, it's a ten -year agreement, but we can terminate with convenience upon 30 days' notice after the first year. COMMISSIONER COLETTA: Okay. MR. TEACH: And one other issue I want to address that you asked Mr. Ahmad about was, what if there's insufficient funding. There's a clause in the contract that indicates if there's a reduction in funds or -- it's subject to budget allocations. So if something came up where people confirmed -- conformed their behavior to not run lights 0--ml, Packet Page -436- 6/12/2012 Item 11.A. February 28, 2012 and we'd be going into the red because we couldn't pay ATS, we could still terminate upon 30 days' notice. COMMISSIONER COLETTA: Okay. Well, that gives me some reassurance. And I have to share with my fellow commissioners I'm going to vote for this, and I'll tell you why. If I'm going to err, I'm going to err in the favor of health, safety, and welfare. Now, as far as the constitutionality goes, that's something that's always going to be left up to the court system. I have all the confidence in our sheriff to do the right thing, and that's the reason why I'm going to vote for it; however, with that said, I can tell you there's still a large amount of dissension on this different -- on this subject. And if they -- enough people come forward and they have expressed it -- express it to me in the future that they have some reservations about this, I will be coming before this commission to ask about putting an item on the ballot related to red light cameras for the August primary. And then we'll let the populous decide of Collier County whether they want the protection or they don't want the protection. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Good idea. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yeah. Not having the red light cameras does not eliminate public protection because the sheriff will have his deputies monitoring the intersection as they do for other violations besides the lighting violations. My concern remains that the problem is, is that there is a presumption that the owner of the vehicle is the guilty party. And, you know, it basically eliminates the presumption of innocence and shifts the burden of proof to the vehicle owner. And that's really just a big problem. So public safety is not compromised by not having these Page 100 Packet Page -437- 6/12/2012 Item 11.A. February 28, 2012 cameras. But I think there are too many other concerns that are raised that can't be ignored. CHAIRMAN COYLE: All in favor -- COMMISSIONER HILLER: So I can't support it. CHAIRMAN COYLE: -- please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. It passes 3 -2 with Commissioners Hiller and Henning dissenting. And we're breaking for lunch now. We'll be back at 1:20. (A luncheon recess was had.) CHAIRMAN COYLE: Ladies and gentlemen -- we have a live mike? MR. OCHS: Yes, sir. CHAIRMAN COYLE: Ladies and gentlemen, Board of County Commission meeting is back in session. Item #1 I B PROVIDE DIRECTION TO STAFF REGARDING EXTENSION OF THE "EARLY ENTRY" BONUS TRANSFER OF DEVELOPMENT RIGHTS (TDR) CREDIT, AS PROVIDED FOR WITHIN THE FUTURE LAND USE ELEMENT (FLUE) OF THE GROWTH MANAGEMENT PLAN (GMP) — MOTION TO APPROVE STAFF'S RECOMMENDATIONS — APPROVED CHAIRMAN COYLE: We're going to Agenda Item I IB. MR. OCHS: Yes, sir. It's a recommendation to provide direction Page 101 Packet Page -438- Patricia L. Morgan From: MarcellaJeanne <JeanneMarcella @colliergov.net> Sent: Thursday, June 07, 2012 9:59 AM To: Hiller, Georgia; Fiala, Donna; Coyle, Fred; Coletta, Jim; Henning, Tom Cc: Ochs, Leo; Klatzkow, Jeff, Mitchell, Ian; MorganTrish; Casalanguida, Nick Subject: Memo to Commissioners re Settlement Agreement (ATS item 11A 6 -12 -12 BCC Mtg) Attachments: Settlement Agreement.pdf, Memo to Commissioners re Settlement Agreement (ATS item 6- 12- 12).doc Please see attached. ... --------- l,ndef Ro ida law e maii addresses are pubic, records if you �o not want yaar e -rtmai address released r � to a pub.ic records request. do not send elecvona c; mail to this entity, 'Instead. con'act this office by telephone 01 in writing. C�OVIC-r C;011414ty Growth Management Division Planning & Regulation Memorandum To: Commissioner Fred Coyle Commissioner Jim Coletta Commissioner Donna Fiala Commissioner Georgia Hiller Commissioner Tom Henning CC: County Manager Leo Ochs County Attorney Jeff Klatzkow Executive Manager Ian Mitchell Minutes & Records Manager Trish Morgan From: Nick Casalanguida, Administrator, Growth Management Division Date: June 7, 2012 Re: BCC Agenda Item — I IA The attached Settlement Agreement was inadvertently omitted from item 11 A for the June 12th BCC meeting. Please include this agreement in your backup material. I apologize for any inconvenience. P iYnrq kR y.; atic 2KO Not, i,v- `s€95'�r, D '�, • Na, Ie5. Fitt ,d3 341G1 23q 42,552 24M • wov G tx,,,rq < net SETTLEMENT AND RELEASE AGREEMENT BETWEEN COLLIER COUNTY AND AMERICAN TRAFFIC SOLUTIONS, INC. THIS SETTLEMENT AND RELEASE AGREEMENT ( "Settlement Agreement ") is entered into on this _02 day of February 2012, by and between Collier County, a political subdivision of the State of Florida, by and through its Board of County Commissioners (hereinafter referred to as "the County "), and American Traffic Solutions, Inc., (hereinafter referred to as "ATS "), an Arizona corporation authorized to do business in the State of Florida. WITNESSETH: WHEREAS, Collier County adopted Ordinance No. 08 -22, as amended, providing for the enforcement of red light violations using traffic infraction detectors (the "Ordinance ") with the strong endorsement of the Collier County Sheriff; and WHEREAS, the parties entered into an Agreement No. 08 -5132 ( "Agreement No. 08- 5132 ") on or about February 10, 2009, under which the County and ATS agreed to the provision by ATS of services to the County in connection with the enforcement of the Ordinance, subject to the terms and conditions stated in Agreement No. 08 -5132; and WHEREAS, on or about June 22, 2010, the County and ATS entered into Amendment No. 1 to Agreement No. 08 -5132 to comply with the requirements of Florida Statute § 316.0083 that took effect on July 1, 2010 (the "Mark Wandall Traffic Safety Program'), which expressly authorizes local governments to use traffic infraction devices to enforce certain provisions of Chapter 316 of the Florida Statutes; and WHEREAS, in Amendment No. 1 the County and ATS agreed that ATS would pay the County the monthly sum of $8,250.00 for the right to operate the County's red light running enforcement program and to retain the remaining proceeds after statutory deductions; and WHEREAS, the Collier County Clerk of the Circuit Court, with the exception of issuing payment to ATS for the month of August 2010, when the legislation was changing, has declined to issue payment to ATS under Amendment No. 1 based upon a concern that such payment may not comply with Florida Statute § 316.0083; and WHEREAS, the County, Clerk and ATS have been working in good faith to enter into this Settlement Agreement to resolve all outstanding accounts receivables, address concerns raised by the Clerk of Court regarding payment under Amendment No. 1; and WHEREAS, on March 31, 2011, ATS submitted a formal response to the County's Request for Letters of Interest for a Red Light Running Camera Enforcement System # 10 -5591 ( "LOI # 10- 5591"); and WHEREAS, the County and ATS intend to terminate Agreement No. 08 -5132, as amended, effective December 31, 2011 and, as part of this Settlement Agreement, enter into new terms governing ATS' provision of the County's Traffic Infraction Detector Program ( "TID Program" or "TID") contemporaneously with that termination based upon ATS' response to LOI #10 -5591, which shall become effective as of January 1, 2012; and WHEREAS, the parties understand the unique nature of this Settlement Agreement reached as a workout document specifically contemplating the County's number of covered intersections, the length of time the camera systems have operated, contemplated traffic volumes, and limited scope of service, amongst other factors and as such recognize that this Settlement Agreement is not eligible for cooperatively purchasing by other governmental agencies; and WHEREAS, the County and ATS desire to fully and completely resolve their differences and disputes, bring current and settle all sums and accounts owed to one another resulting from the execution of Agreement No. 08 -5132, as amended, through December 31, 2011, by County paying ATS the sum of $522,454.00, in exchange for the County being released with respect to any and all claims and amounts owed thereunder for all dates prior to January 1, 2012; and NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth herein, including the above- referenced "Whereas" clauses, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and ATS agree to be legally bound as follows: SETTLEMENT PROCEEDS AND PREVIOUSLY COLLECTED REVENUE: County shall pay ATS, within 10 days from the date last signed below, the sum of $522,454.00, which 2 represents the net amount owed to ATS under the terms of this Settlement Agreement. Any remaining sums on deposit with County collected under its red light running enforcement program shall remain with County. 2. MUTUAL RELEASE: In consideration of the aforementioned Settlement Proceeds and the terms and conditions of this Settlement Agreement, each of the Parties, on behalf of itself, its officers, employees, shareholders, directors, agents, representatives, members, affiliates and subsidiaries, and the successors and assigns of each of them, hereby releases the other Party from any claims, damages and causes of action that it may have had, may now have or hereafter may have, concerning or pertaining to Agreement No. 08 -5132, as amended, for that period commencing from the beginning of time through December 31, 2011. However, nothing in this Settlement Agreement shall affect, change, alter, or otherwise diminish the rights and obligations of the County and ATS under the Stipulation and Agreement of Settlement filed on October 12, 2011, in the Twentieth Circuit Court in Collier County, Florida, in Cinquegrana and Siegel v. Collier County, et al., Case No. 09- 7628 -CA. 3. FUTURE TID PROGRAM SERVICES: To further resolve the differences and disputes between the parties, and pursuant to LOI #10 -5591 issued by the County, this Settlement Agreement further sets forth the terms and conditions pursuant to which ATS will provide all services as required by and detailed herein for the TID Program. The TID Program means the cameras, poles, cabinets, and any and all related operation equipment located at an intersection. The Parties intend that this Settlement Agreement describe the TID Program in accordance with Florida Statute § 316.0083 and all other Florida Statutes, laws, rules, ordinances and regulations governing the program. All work materials, supplies, and equipment as required under this Settlement Agreement to produce the intended result shall be furnished by ATS whether or not specifically stated. By executing this Settlement Agreement ATS expressly warrants and agrees that the TID Program and its scope of work will comply with F.S. § 316.0083, as amended, and with all other statutes, rules, procedures and regulations adopted in furtherance of F.S. § 316.0083. These rules, procedures and regulations will include, but not be limited to, the Florida Department of Transportation's ( "FDOT's ") development and publishing of specifications for the placement and installation of "Traffic Infraction Detectors, as amended; the development and publishing of specifications for equipment and testing, as amended; and any rule, regulation, and procedure required by Collier County Courts, 20th Judicial Circuit (the "Court', having jurisdiction over the citations, violations or offenses arising under the TID Program and all other applicable State laws. Where words, which have a well -known technical or trade meaning, are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of execution of this Settlement Agreement and as may be implemented, amended, or become effective during the term of this Settlement Agreement. County shall have no duties other than those duties and obligations expressly set forth herein. 4. COMMENCEMENT. The terms provided for under this Settlement Agreement shall become effective and bind the parties commencing on January 1, 2012, and terminate on September 30, 2022, unless terminated by either party as provided herein. S. STATEMENT OF WORK. The TID Program work specified in this Settlement Agreement consists of furnishing all labor, material, equipment, vehicles, supplies, services, photographic film, digital, computer equipment, software, hardware and management necessary to furnish, install, operate, and maintain the TID Program as required by this Settlement Agreement and by the applicable laws of the State of Florida in a manner that will ensure an efficient and effective program. ATS shall provide a TID Program in accordance with the terms and conditions contained in the Scope of Work attached hereto as Exhibit "A." This Settlement Agreement contains the entire understanding between the parties and any modifications to this Settlement Agreement shall be mutually agreed upon in writing by ATS and County in compliance with County's Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 6. FUTURE TID PROGRAM COMPENSATION AND DISBURSAL OF PENALTY. The County shall pay ATS for providing TID Program services on that portion of the roadway intended for use by vehicular traffic approaching an intersection where Traffic Infraction Detectors are monitoring any or all lanes of traffic entering the intersection from a single compass direction, after actual collection and remittance of all statutory amounts required under Florida Statutes § 316.0083, the monthly sum of $28,500.00 for operating TIDs at nineteen (19) authorized monitored approaches. The monthly fee consists of the total compensation for furnishing, operating and maintaining the TID Program inclusive of any /all direct and indirect expenses (including cost of regular and certified mail associated with issuance of notifications, citations and/or violations), consistent with the "turn-key" system referenced in LOI 410-5591, If, after the first year, the number of notices of violation exceeds 1,500 a month for a period of two consecutive months, the Settlement Agreement terms may be re- opened for good faith negotiations by a written request from ATS. If said negotiations are not successful, notwithstanding any other provision of this Settlement Agreement, ATS may terminate its services pursuant to Section 15 of this Settlement Agreement. County shall provide payment upon receipt of a proper invoice from ATS, which shall be accompanied by sufficient documentation and contain sufficient detail to allow a proper audit of services provided and expenditures, in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." The penalty for failing to stop at a traffic signal shall be assessed in accordance with Section 316.0083(3)(b), Florida Statutes, as amended. 7. TIME IS OF TIFF, ESSENCE: Time is of the essence of this Settlement Agreement and ATS shall promptly perform its duties under this Settlement Agreement with as much priority as is necessary to provide the work required hereunder. All work shall be performed in accordance with the Settlement Agreement within the time limitations necessary to maintain compliance with the requirements and deadlines established herein. All dates and periods of time set forth in this Settlement Agreement, including those established by F.S. §316.0083, as amended, FDOT, and the Court are incorporated herein by reference. Except and only to the extent provided otherwise by this Settlement Agreement, ATS agrees to the performance standards provided in Exhibit "A," Section 3 of this Settlement Agreement. ATS acknowledges that County is purchasing the right to have ATS' program manager, or a designee, available 100% of the time to the TID Program during the term of this agreement. ATS will provide 24/7 support for the TID Program. 8. CONTINUING THE WORK: ATS shall carry on the TID Program and adhere to the requirements of the Settlement Agreement during all disputes or disagreements with County. The 5 program shall not be delayed, postponed pending resolution of any disputes or disagreements. All disputes shall be resolved in accordance with the provisions of this Settlement Agreement. 9. CHANGES IN WORK OR TERMS OF THE SETTLEMENT AGREEMENT: County reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the TID Program as may be considered necessary or desirable, including but not limited to the addition or deletion of monitored intersection approaches from the program. Any extra or additional work within the scope of the program must be accomplished by means of a written instrument mutually agreed upon by both parties. 10. SALES TAX. ATS shall pay all sales, consumer, use and other similar taxes associated with performance of the Settlement Agreement or portions thereof, which are applicable during the performance of the work. 11. NOTICES. All notices from County to ATS shall be deemed duly served if mailed or faxed to ATS at the following Address: American Traffic Solutions 1330 West Southern Tempe, Arizona 85282 Telephone: 480/442 -7000 Fax: 480/607 -0901 Attention: Michael Bolton, Chief Operating Officer All Notices from ATS to County shall be deemed duly served if mailed or faxed to County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing/GS Director Telephone: 239 - 252 -8371 Facsimile: 239- 252 -6584 ATS and County may change the above mailing address at any time upon giving the other party written notification. All notices under this Settlement Agreement must be in writing. 0 12. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between County and ATS or to constitute ATS as an agent of County. 13, PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the TID Program Work shall be obtained by ATS. Payment for all such permits issued by the County shall be processed internally by the County. All non- County permits necessary for the prosecution of the Work shall be procured and paid for by ATS. ATS shall also be solely responsible for payment of any and all taxes levied on ATS. In addition, ATS shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. ATS agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by ATS. 14. NO IMPROPER USE. ATS will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by ATS or if County or its authorized representative shall deem any conduct on the part of ATS to be objectionable or improper, County shall have the right to suspend this Settlement Agreement with ATS. Should ATS fail to correct any such violation, conduct, or practice to the satisfaction of County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension is to continue until the violation is cured. ATS further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of County. 15. TERNQNATION. Should ATS be found to have failed to perform the work under this Settlement Agreement in a manner satisfactory to County, County may terminate said Settlement Agreement for cause after giving written notice and a thirty (30) day opportunity to cure. Either Party may terminate this Settlement Agreement to provide TID Program services for convenience following the conclusion of the first (I ") year of this Settlement Agreement, and at any time thereafter, upon thirty (30) days written notice to the other party. Such written notice from either party shall include the date upon which ATS shall cease all services under this 7 Settlement Agreement ( "Termination Date "). ATS shall remove the TID systems installed under the program as provided in Section 35 of this Settlement Agreement. ATS shall, upon receipt of such notice from the County, unless otherwise directed by County: • Stop all work on the TID Program on Termination Date; • Take no action that shall increase the amounts payable by County under this Settlement Agreement; and • Take reasonable measures to mitigate County's liability under this Settlement Agreement. All Work Product, including but not limited to data, reports and other documents, including electronic documents, related to the TID Program, must be turned over to County. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by ATS until all documentation is delivered to County. In the event that County exercises its right to terminate this Settlement Agreement, County will pay ATS the monthly fee(s) due, through the Termination Date. All payments pursuant to this section shall be accepted by ATS in full satisfaction of all claims against County arising out of the termination. Further, County may deduct or set off against any sums due and payable under this section any claims it may have against ATS. ATS shall promptly return all County owned property to a location(s) designated by County. No payments shall be made to ATS for any sum owed ATS until all material and data are turned over to County. ATS shall not be entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience and all payments made under this Settlement Agreement are subject to audit by County and/or the Collier County Clerk of Court and their respective representatives. 16. NO DISCRIMINATION. ATS agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 8 17. INSURANCE. ATS shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Reauirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by ATS during the duration of this Settlement Agreement. Renewal certificates shall be sent to County thirty (30) days prior to any expiration date. 'There shall be a thirty (30) day notification to County in the event of cancellation or modification of any stipulated insurance coverage. ATS shall insure that all subcontractors comply with the same insurance requirements that it is required to meet. ATS shall provide County with its subcontractors' certificates of insurance meeting the required insurance provisions. 18. INDEMNIFICATION. To the maximum extent permitted by Florida law, ATS shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of ATS or anyone employed or utilized by ATS in the performance of this Settlement Agreement, and/or any civil action alleging the Settlement Agreement was awarded in violation of any applicable law or ordinance, and/or that ATS is not performing the Settlement Agreement in accordance with applicable laws including without limitation F.S. §316.0083, as amended, and with rules, procedures, and regulations adopted in furtherance of F.S. §316.0083. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. These indemnifications shall survive the term of this Settlement Agreement and any termination or expiration of this Settlement Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. 19. CONTRACT ADMINISTRATION. This Settlement Agreement shall be administered on behalf of the County by the Growth Management Division, Traffic Operations Department. 20. CONFLICT OF INTEREST: ATS represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. ATS further represents that no persons having any such interest shall be employed to perform those services. 21. COMPONENT PARTS OF�7 HIS CONTRACT. This Settlement Agreement sets forth the entire understanding of the Parties with respect to the subject matter of the Settlement Agreement. Any modification of this Settlement Agreement shall only be effective if it is reduced to writing, and duly executed by both parties. This Settlement Agreement is to be inclusive of all items necessary for the proper operation of the TID Program by ATS. This Settlement Agreement represents the entire and integrated contract between ATS and County hereto and supersedes all prior negotiations, representations or agreements, either written or oral. This Settlement Agreement shall not be construed to create a contractual relationship of any kind between the County and any subcontractor, supplier, material person, third party vendor, or similar persons or entities not a party to this Settlement Agreement. 22. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the .parties herein that this Settlement Agreement is subject to appropriation by the Board of County Commissioners and is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 10 23. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: (a) prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; (b) :prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, (c) immediate termination of any contract held by the individual and/or fine for cause. 24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Settlement Agreement, ATS is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by ATS to comply with the laws referenced herein shall constitute a breach of this Settlement Agreement and County shall have the discretion to unilaterally terminate this Settlement Agreement immediately. 25. SETTLEMENT AGREEMENT TERMS. If any portion of this Settlement Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Settlement Agreement shall remain in effect. If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document referred to herein, or any document incorporated into this Settlement Agreement by reference and a term, statement, requirement, or provision of this Settlement Agreement, then the provision that imposes the quality, quantity, duty or obligation most consistent with the intent of this Settlement Agreement, shall govern. In the event of omissions in this Settlement Agreement that are not complete as to any incidental details or requirements of the TID Program, such details or requirements shall be deemed to be an implied requirement of the Settlement Agreement. 11 26. PROGRAM REPRESENTATION. ATS acknowledges that it has satisfied itself as to all of the requirements of the TID Program, and any failure by ATS to acquaint itself with any and all aspects of the program shall not relieve ATS from responsibility for complying with all of the requirements of this Settlement Agreement. ATS accepts the relationship of trust and confidence established between ATS and County by this Settlement Agreement. ATS recognizes the necessity of a close working relationship with County and agrees to furnish the skill and judgment of its organization in the performance of this Settlement Agreement and to cooperate in furthering the interests of County. ATS shall provide ATS' knowledge, ideas, experience, and abilities relating to all aspects of the TID Program; furnish efficient business administration and superintendence; and use its best efforts to arrange for all personnel, materials, equipment, vehicles, supplies, and other services and things to manage the program in the best way and in the most efficient and effective manner consistent with the interests and objectives of County and this Settlement Agreement. ATS agrees to advise and make written recommendations to County as specified herein. A'I'S shall provide administrative, management and related services as required to coordinate, supervise and manage the performance of the TID Program in accordance with this Settlement Agreement. ATS shall be responsible to County for the acts and omissions of ATS' employees, subcontractors and their agents and employees, and any other persons performing any of the services provided under a contract with ATS, or claiming by, through or under ATS, for all damages, losses, costs and expenses resulting from such acts or omissions. 27. ADDITIONAL ITEMS /SERVICES Additional items and/or services may be added to this contract upon satisfactory negotiation of price by the County and ATS memorialized in writing and approved by the Collier County Board of Commissioners. 28. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Settlement Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of ATS with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any 12 litigation between the parties arising out of this Settlement Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of ATS with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Settlement Agreement against the other party relating to or arising out of this Settlement Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. The Parties may avail themselves of each and every remedy herein specifically given to it now or existing in law or in equity, and each and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised by from time to time and as often and in such order as may be deemed expedient by the Party. The exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. The Parties' rights and remedies as set forth in the Settlement Agreement are not exclusive and are in addition to any other rights and remedies in law or in equity. 29. AUDIT RIGHTS. ATS' records, which shall include but not be limited to accounting records, payroll time sheets, cancelled payroll checks, W -2's, 1099s, written policies and procedures, computer records, disks and software, videos, photographs, subcontract files (including proposals of successful and unsuccessful bidders), original estimates, estimating worksheets, correspondence, change order files, and any other supporting evidence necessary to substantiate charges related to this agreement (all the foregoing referred to as "records "), shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by County and/or the Collier County Clerk of Court or their authorized representative(s) to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by ATS or any of his payees pursuant to the execution of this agreement. Such records subject to examination shall also include, but not be limited to, those records necessary 13 to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with this agreement. Records subject to the provisions of Public Records Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise, for the purpose of such audits, inspections, examinations and evaluations, the County and/or the Collier County Clerk of Court or their authorized representative(s) shall have access to said records from the effective date of this agreement, for the duration of the services provided hereunder, and until five (5) years after the date of final payment by County to ATS pursuant to this agreement. County and/or the Collier County Clerk of Court or their authorized representative(s) shall have access to ATS' facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this provision. County and/or the Collier County Clerk of Court or their authorized representative(s) shall give auditees reasonable advance notice of intended audits. 30. KEY PERSONNEUPROJECT STAFFING. ATS' personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. ATS shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to complete the work required under this Settlement Agreement. ATS shall not change key personnel unless the following conditions are met: (a) proposed replacements have substantially the same or better qualifications and/or experience, and (b) County is notified in writing as far in advance as possible. ATS shall make commercially reasonable efforts to notify County within seven (7) days of any such personnel change. County retains final approval of proposed replacement personnel. 31. SUCCESSORS AND ASSIGNS. The performance of this Settlement Agreement shall not be transferred, pledged, sold, delegated or assigned, in whole or in part, by ATS without the written consent of County; provided, however, that such consent shall not unreasonably be withheld. It is understood that a sale of the majority of the stock or partnership shares of ATS, a merger or bulk sale, an assignment for the benefit of creditors shall each be 14 deemed transactions that would constitute an assignment of sale hereunder requiring prior County approval. ATS' services are unique in nature and any transference without County approval shall cause the County to nullify this Settlement Agreement. Any assignment without County's consent shall be null and void. ATS shall have no recourse from such cancellation. County may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption agreement in a form satisfactory to County as a condition precedent to considering approval of an assignment. ATS and County each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Settlement Agreement and to the partners, successors, legal representatives and assigns of such party in respect to all covenants of this Settlement Agreement. If ATS assigns, transfers, sublets or otherwise disposes of this Settlement Agreement or its right, title or interest in or to the same or any part thereof without the previous consent in writing of County, such action shall be an Event of Default. Nothing herein shall either restrict the right of ATS to assign monies due to, or to become due or be construed to hinder, prevent or affect any assignment by ATS for the benefit of its creditors, made pursuant to applicable law. ATS shall not pledge County's credit or make it a guarantor of payment or surety for any contract, debt, or obligation, judgment, lien or any form of indebtedness. ATS further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Settlement Agreement. 32. JOINT PREPARATION — INTERPRETATION. The language of this Settlement Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Settlement Agreement are for reference purposes only and shall not effect in any way the meaning or interpretation of this Settlement Agreement. Terms such as ".herein," "hereof," "hereunder," and "hereinafter" refer to this Settlement Agreement as a whole and not to any particular sentence, article, paragraph, or section where they appear, unless the context otherwise requires. 15 33. LIMITATION IN WHICH TO BRING ACTION AGAINST COUNTY. In the event ATS may be deemed to have a cause of action against County following the termination of services provided by ATS hereunder, no action shall lie or be maintained by ATS against County upon any claim arising hereunder by reason of any act or omission or requirement of County or its agents, unless such action shall be commenced within six (6) months after the date of termination. 34. MAINTENANCE. ATS shall be required to maintain all equipment and software on an ongoing basis in accordance with the requirements established in this Settlement Agreement. County shall notify ATS within two (2) hours of any instance where any component of the TID Program system is not working or is not working in accordance with normal operation capacity. 35. REMOVAL OF EOUIPMENT. Where a TID Program intersection has been removed from the program or this Settlement Agreement has been terminated for any cause whatsoever, ATS shall remove ATS' TID Program equipment and any other equipment or materials within thirty (30) days. If ATS fails to do so, County shall have the right to remove such equipment and supplies at the expense of ATS. ATS shall also be required, at its cost, to restore the intersections where TID systems are removed to substantially the same condition as such property was in immediately prior to this Agreement, except for foundation removal, which shall be left approximately flush with grade with no exposed bolts, or other hazards. Installed underground conduit and other equipment shall not be required to be removed. 36. DEFAULT/EVENTS OF DEFAULT. An event of default shall mean a material breach of this Settlement Agreement and a failure to cure within the time set forth in Section 15 of this Settlement Agreement ( "Event of Default"). Without limiting the generality of the foregoing, and in addition to those instances referred to herein as a breach, an Event of Default shall include but is not limited to the following: • ATS has not managed or operated the TID Program, including the performance standards in accordance with the material terms of the Settlement Agreement; IL•1 • ATS has not installed or maintained the TID Program equipment in a timely manner; • ATS has materially failed to make prompt payment to its subcontractors or suppliers for any services, materials or equipment they have provided; • ATS has become insolvent or has assigned the proceeds received for the benefit of ATS' creditors, or ATS has taken advantage of any insolvency statute or debtor /creditor law or statute or if ATS' affairs have been put in the hands of a receiver; • ATS has failed to obtain the approval of County, FDOT or any other entity identified herein as required under this Settlement Agreement; • ATS fails to obtain or maintain the insurance required herein; • ATS materially fails to comply with any of its duties under this Settlement Agreement and/or with any terms or conditions set forth in this Settlement Agreement beyond the specified period allowed to cure such default; • ATS materially fails to commence or perform services identified under this Settlement Agreement within the timeframes provided or contemplated herein, or fails to complete the work in a timely manner as required by this Settlement Agreement; • When, in the opinion of County, reasonable grounds for uncertainty exist with respect to ATS' ability to continue to perform the work required under the TID Program, County shall notify ATS in writing that it must, within the time frame set forth in County's request, provide adequate assurances and an action plan to County, in writing,'of ATS' ability to perform in accordance with the terms of this Settlement Agreement. In the event that ATS fails to provide County the requested assurances within the prescribed time frame or subsequently fails to meet the requirements of the action plan, such failure shall be deemed an Event of Default. In that event, County may, at its sole discretion, terminate this Settlement Agreement for default and have the right to immediate possession of all applicable documentation and data. • Where County erroneously terminates this Settlement Agreement for default, the termination shall be converted to a Termination for Convenience, and ATS shall have no further recourse of any action for wrongful termination. 17 37. NOTICE OF DEFAULT - OPPORTUNITY TO CURE. In the event that County determines that an Event of Default has occurred, County may, at its sole discretion, notify ATS, specifying the basis for such default, and advising ATS that such default must be cured within the cure period set forth in Section 15 of this Settlement Agreement. County may grant an extension to a cure period if County deems it appropriate and in the best interests of County, without waiver of any of County's rights hereunder. 38. REMEDIES FORATS' DEFAULT. If an Event of Default occurs that is not cured within the applicable cure period, then in addition to all remedies available to it by law, County may immediately, upon written notice to ATS, terminate this Settlement Agreement. ATS shall promptly return all County owned property to a location(s) designated by the County. No payments will be made to ATS for any sum owed ATS until all material and data are turned over to County. ATS understands and agrees that termination of this agreement under this section shall not release ATS from its obligations under this agreement. As an alternative to termination, County may pursue its remedies as set forth in Section 28 of this Settlement Agreement. Where it has been determined by a court of competent jurisdiction that ATS has been erroneously terminated by County, such termination shall be deemed to have occurred as a Termination for Convenience, as provided for in this agreement. 39. MATERIALITY. AND WAIVER OF BREACH. County and ATS agree that each requirement, duty, and obligation set forth in this Settlement Agreement is substantial and important to the formation of this Settlement Agreement and, therefore, is a material term hereof. Either Party's failure to enforce any provision of this Settlement Agreement shall not be deemed a waiver of such provision or modification of this Settlement Agreement. A waiver or any failure of the part of either Party to act on any breach of a provision of this Settlement Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Settlement Agreement. 18 40. FORCE MAJEURE. Should any failure to perform on the part of ATS be due to a condition of force majeure as that term is interpreted under Florida law, then County may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If ATS is delayed in performing any obligation under this Settlement Agreement due to a force majeure condition, ATS shall request a time extension from County within two (2) working days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by ATS for extra compensation unless additional services are required. Force Majeure shall not include inclement weather, except as permitted by Florida law, and shall not include the acts or omissions of subcontractors or suppliers. IN WITNESS WHEREOF, American Traffic Solutions, Inc., and the Collier County Board of County Commissioners, Collier County, Florida, have each, respectively, by their authorized agents hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST; `' ,y�''; COLLIER COUNTY, FLORIDA Dwi �k of Courts !� , 7. B - By: Da:_ ' ` Fred W. Coyle, Chairman Approved as to form and legal sufficiency: Scott R. 'Peach Deputy County Attorney 19 First Witness Type /print witness name Second Witness L, S4-f. Type /print witness name 20 AMERICAN TRAFFIC SOLUTIONS, INC. Y: Coo Typed signature and title EXHIBIT A DESCRIPTION/SCOPE OF SERVICES Traffic Infraction Detector Program I. ATS Scone of Services and Resaonsibilities 1. Back mu ATS shall provide for comprehensive and fully integrated red light traffic J. safety management services. ATS 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 will require traffic safely camera enforcement. The ATS services shall include all hardware, software, installation, maintenance, operation, and all back -office processing of violations. 2. Traffic Infraction Detector (TID) Program/Svstem ATS shall provide and install all TID Program equipment including, but not limited to, poles, cabinets and related operational equipment at County selected intersections, at its sole cost. ATS shall also be responsible for all property access requirements (easement agreements), design, approvals, permitting, construction, including work performed by subcontractors, required for the performance of the work necessary for the installation of the TID systems. All TIDs 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 County's Paint Specification for Traffic Signal Equipment, which will be provided by County's Traffic Operation's Department upon request. The installation of TIDs at County intersections, in addition to those already operating as of the execution date of this Settlement Agreement, shall only be installed upon approval of the County's Board of Commissioners. In addition, ATS shall provide the following: a. ATS shall disclose whether the system, at any time, photographs an image of the driver of the vehicle. b. ATS shall use a high quality digital camera system with an output in excess of 3000 x 2000 pixels per image is required. ATS 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. c. ATS shall provide equipment that is capable of gathering traffic data for statistical analysis, including traffic volumes by approach and lanes. d. ATS 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. e. ATS shall provide equipment to provide a reliable non - intrusive, non - physical connection to the red phase signal. 21 f. ATS 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. ATS will use a video system that will capture a short duration video of the violation. g. ATS shall provide a camera system that shall record data pertinent to each violation at the time of capture. h. ATS shall provide data that shall be recorded in a flexibly configured data bar that is embedded with each scene, a 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. 1) Unique violation identifier incorporating the County; 2) Location of violation; 3) Date (MMIDD /YYYY); 4) Time of the violation in 24 hour clock including hours, minutes and seconds; 5) Elapsed time between images; 6) Direction of travel; 7) Traffic signal phase; 8) Time into the red phase displayed in thousandths of a second; 9) Duration of prior amber phase; 10) Vehicle lane of travel; 11) Camera ID; and 12) Frame sequence number., i. ATS shall provide a system that, at a minimum, 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. j. ATS shall ensure that each imaging unit's operation shall be microprocessor controlled and fully automatic. k. ATS shall include a camera system that shall be capable of on -site or remote activation and maintenance support. 1. ATS 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 data and time of system shutdown in the event of a malfunction. m. ATS shall include a camera system that allows a malfunction to be easily indentified and debugged on -line. 22 n. ATS shall include a camera system that records event - specific evidence to substantiate multiple, simultaneous and/or concurrent violations occurring during any red signal phase. o. ATS shall provide a system that shall provide 24 hours a day /7 days a week "live" intersection monitoring and viewing capabilities, barring downtime for maintenance and normal servicing activities. This video shall be stored as required by Florida Statutes § 119, the Florida Public Records Law. p. ATS shall include a TID camera system that includes component operations, which are synchronized to a single, standard, independent, external and verifiable time and date source. q. ATS must use more than one (1) vehicle detection. ATS 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). r. TID enclosures must be tamper proof and vandal proof. s. TID 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. ATS shall explain and provide a schedule of typical maintenance procedures. t. ATS shall state estimated installation and construction times for a generic intersection. u. The TID system shall be able to simultaneously monitor traffic in up to six (6) lanes. v. ATS shall monitor straight - through violations and the system shall also be capable of detecting and recording evidence of left turn violations, regardless of vehicle speed. w. ATS agrees to provide a secure web site (www.violationsin oo.com) accessible to citation recipients (defendants) by means of Notice # and PIN, which shall allow violators the ability to view violation images and video online. x. ATS normally shall provide technician site visits to each TID once per month to perform preventive maintenance checks consisting of camera enclosure lens cleanings; camera, strobe and controller enclosure cleaning; inspection of exposed wires; and general system inspection and maintenance. y. ATS shall repair a non - functional Camera System within 72 business hours of determination of a malfunction. 23 z. ATS shall repair the Axsis VPS system within 1 business day from the time of the outage. Outages of Customer internet connections or infrastructure are excluded from this service level. 3. Performance Standards If a Camera is inactive for more than three (3) days, the County shall pay a pro -rated fee calculated based on the number of days in which the Camera was in actual operation during the month. No deductions shall be made for events outside ATS' direct control such as loss of supplied power, third party telecommunications services and/or actions resulting from or requested by County. 4. Violation /Citation Processin ATS shall provide County with an automated web -based citation processing system, the Axsis VPS, which provides County with the ability to run and print any and all standard system reports, and includes image processing, and mailing of Notification of Violation and Citation per chargeable event as required by F.S. § 316.0083. Each Notification of Violation and/or Citation shall be delivered as required by F.S. § 316.0083 within the statutory period. ATS shall apply an electronic signature to the citation when authorized to do so by an approving law enforcement officer. ATS shall obtain in -state vehicle registration information necessary to issue citations assuming that it is named as the County's agent. ATS shall seek records from out -of -state vehicle registration databases and apply records found to Axsis to issue notification of violations and citations. If County is unable to or does not desire to integrate ATS data to its court system, ATS shall provide an on -line court processing module, which will enable the court to review cases, related images, correspondence and other related information required to adjudicate the disputed citation. If required by the court, ATS shall provide County with, or 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. ATS shall provide a help line to help County resolve any problems encountered regarding its TID Program and/or citation processing. The help line shall function during normal business hours. There shall be no requirement to install ATS processing software on County owned or maintained information technology or computing systems. The violation processing system shall allow County a detailed view into all of the information related to the 24 program. County's IT Department will not allow software installation on County owned or maintained equipment — the vendor will need to supply a stand -alone PC /laptop with installed software with the red light enforcement system's viewing capabilities. All access (via secure internet portal) to the violation processing system for the purpose of preprocessing evidence, law enforcement authorization, notice printing, payment 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. The violation processing system shall provide the following functions: a) ATS will be required to accurately capture and store images, establish a chain of custody for the image medium, and process and issue citations for red light violations in accordance with the ordinance. b) ATS will have the capability to generate clear, easily identifiable images for the citation/violations, allowing an unbiased individual to determine fault (including extenuating circumstances). c) Software to process, issue and track citations and payments will be installed and fully operational. d) Connection must be established to the Florida Department of Motor Vehicles and other states to obtain motor vehicle registration information. e) Web - enabled access and operation; f) Secure user log -in and access; g) Automatic presentation of images and data captured by the camera system onto review PC's; h) Ease review of violation evidence against regulations; i) Ability to both "play" full motion video and view multiple scene and plate images; j) Ability to view all original images; k) 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; 1) Ability to "accept" or "reject" violation sets and record rejections reasons; m) Ability to automatically generate printed violation notices; n) Ability to store and archive all processed violation evidence into a secure database; o) Ability to access any stored violation image 24 hours a day/ 7 days a week from the system's database subject to agreed archive rules; p) Ability to request and immediately view Court Evidence Package image sequences displayed as video 24 hours a day /7 days a week or as individual high resolution still shots, or send images to print locally; q) Ability to immediately request, view and print both standard and user - defined reports 24 hours a day/ 7 days a week; r) Secured Access Control and automatically generated electronic audit trails; s) Encryption and decryption management; t) The system shall be capable of preparing and mailing chargeable violations to vehicle owners as required by F.S. § 316.0083. u) ATS will timely send notifications of violations and citations in accordance with F.S. § 316.0083. 25 5. Operations ATS' office and operational departments will be fully staffed upon contract execution. County shall have the right to review the references and background information of any of ATS's employees directly involved in providing services. The County may request the replacement of any ATS employee providing services. 6. Collections ATS shall collect payments resulting from violations of the TID Program in accordance with F.S. § 316.0083. a) Payment options shall include check, money order, or credit card, in person, via telephone and over the internet. b) ATS will directly deposit all monies into a qualified public depository, as defined in F.S § 280.02(26), designated and managed by County. c) Records will be kept in accordance with generally accepted accounting practices. d) ATS shall pursue collections on unpaid citations consistent with the Fair Debt Collection Practices Act. 15 U.S. C. 1692, et seq., and any other applicable state or federal law. 7. Operatone Location and Customer Service Su The TID Program will be overseen and administered by the Collier County Traffic Operations Department. ATS shall provide customer service to 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 County Ordinance Number 2010 -25. ATS shall provide an adequate number of services and maintenance staff to service the TID equipment and be available to respond to service requests by County. Image processing, issuance of notifications and citations, computer processing, financial reporting, and overall management of the program may be performed at remote locations so long as ATS remains highly responsive to the needs of the program and meets the requirements set forth by County. 8. Statistical Analysis and Reporting Systems The TID Program processing system shall produce detailed statistical analysis necessary to generate the annual report required by F.S. § 316.0083(4)(a). Additionally, ATS shall also provide County, at a minimum, the following data: a) Hours of use per camera by operational site; 26 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/ 7 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, etc.). The processing system shall also supply reports of: a) Cameral equipment hours of services and hours lost, and; b) Number and description of camera or other equipment malfunctions. The processing system shall provide violation and traffic statistic 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. ATS shall provide a monthly report that includes the following: 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. 9. Image Trausmission Security and Data Storage The TID Program shall provide for image and data security that shall prevent unauthorized persons from accessing the camera images and databases and tampering with images. ATS shall store all enforceable images produced by cameras in accordance with the Florida Public Records Law, Chapter 119, F.S. ATS 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 27 d) A payment history . ATS shall maintain a proper chain of evidence that meets the needs of County and court functions. ATS shall provide a qualified expert witness who is knowledgeable on the theory, operations and functional capabilities of the TID equipment. 10. Maintenance Support and Trainins All maintenance of camera, video, sensors, computer and related equipment shall be the responsibility of ATS. ATS shall repair or replace any inoperable equipment within seventy -two (72) hours of detection by ATS or notification by County. ATS shall describe the proposed standard process for how often the TID equipment will be visited for maintenance and inspection and shall explain what occurs during a maintenance and inspection visit. ATS shall provide ongoing training support as needed by County. ATS shall provide hands -on training as necessary to personnel as required by County. ATS shall provide training materials. 11. Operations and Public Awareness ATS will provide staff for public forums as necessary. ATS shall provide a project manager for the project as the single point of contact to County. ATS shall provide intersection design and installation plans for review and approval by County Traffic Engineering Department and Permitting Department. ATS shall install and maintain installed TID equipment. ATS shall be responsible for loading, optimizing, and license plate data entry processing of images for review. Notifications of violations and citations shall be timely issued as provided under F.S. § 316.0083. Notices shall include one set of images and a license plate image. ATS shall provide a means for the fines to be paid on -line by credit or debit card. 28 ATS shall provide a means for the fines to be paid by phone using a credit or debit card. ATS shall provide for a third party collection service for the collection of delinquent accounts. II. County Responsibilities • Within 7 business days of contract execution, County shall provide ATS with the name and contact information for a project manager with authority to coordinate County responsibilities under the Settlement Agreement. • If County chooses to move a TID camera to a new approach after the initial installation, it shall pay the costs to relocate the system. • County will design, fabricate, install and maintain TID warning signs. • County shall allow ATS to access power from the existing power sources at no cost at power disconnect breaker boxes for the controller cabinet nearest to each TID within County's jurisdiction. The power supply cable for the camera operation shall be wired by ATS to utilize a separate circuit breaker within the power disconnect enclosure. • Installation plans and drawings will be stamped by a Florida licensed civil engineer. ATS work product and drawings shall be overseen and approved by an ATS PE and such deliverables shall conform to applicable engineering norms and reflect the details of installation work to be completed. • County shall approve or reject ATS submitted plans within 7 business days of receipt of any future proposed TID intersection locations. ATS and/or its subcontractor(s) will be subject to attaining all County Right -of -Way permits necessary for building, construction, street use, lane closures, and/or pole attachment permits. • In those instances where damage to a TID 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 for the pre - approved repair cost. ATS shall bear the cost to replace or repair equipment damaged in all other circumstances. III. COLLIER COUNTY SHERIFF'S OFFICE • The Collier County Sheriffs Office ( "CCSO ") shall execute the ATS DMV Subscriber Services Agreement (Schedule 2) to provide verification to the State Department of Motor Vehicles, National Law F.,nforcement Telecommunications 29 Systems, or appropriate authority indicating that ATS is acting as an Agent of County for the purposes of accessing vehicle ownership date pursuant Act t 1 the list § of permissible uses delineated in the otDherirvvevi be P ovided or re quired by any 2721, Section (b)(l) and as may provision of applicable state law. State Laws The CCSO shall process each potential violation in accordance with n the Pol ce and/or County Ordinances within 3 business days of its appearance Review Queue, using Axsis to determine, which violations will be issued as Citations or Notices of Violations. « CCSO workstation computer monitors for citation review and approval should provide a resolution of 1280 x 1024. For optimal data throughput, CCSO Office workstations should be connected to a high -speed internet connection with bandwidth of T -lor greater. The CCSO shall provide signatures of all authorized police users who will review events and approve citations on forms provided by ATS. The Collier County Sheriff's Office will have a duly appointed enforcement officer or deputies assigned to review and approve each notification of violation and citation prior to issuance and verify that a violation has occurred. REMAINDER INTENTIONALLY LEFT BLANK 30