Agenda 12/11/2012 Item #10AB12/11/2012 Item 10.AB.
EXECUTIVE SUMMARY
Recommendation that the Board authorize the County Manager to sign the attached
notice, and that such notice be given to terminate the Red Light Camera contract between
Collier County and ATS, effective February 28, 2013; to direct that all red light cameras be
duly removed from all intersections in accordance with the ATS contract; and, to further
direct staff to investigate and report back to the Board (1) whether traffic lights can be
retimed so drivers will encounter fewer red lights, (2) whether it is appropriate to increase
the duration of the yellow light between the green and the red, and (3) whether it is
appropriate to add or increase the "clearance" phase to the intersection's traffic signals
during which all directions have a red light, all in the interest of enhancing the public's
safety.
OBJECTIVE: To end the right light camera program in Collier County, and to direct staff to
investigate and report back to the Board (1) whether traffic lights can be retimed so drivers will
encounter fewer red lights, (2) whether it is appropriate to increase the duration of the yellow
light between the green and the red, and (3) whether it is appropriate to add or increase the
"clearance" phase to the intersection's traffic signals during which all directions have a red light,
all in the interest of enhancing the public's safety.
CONSIDERATIONS: Red light cameras are positioned at 10 county intersections. Ticketing
based on images generated by these cameras is civil in nature, notwithstanding that the
underlying videoed offense may be criminal. Since the driver of the vehicle can't be identified,
tickets are being issued against the owner of the vehicle without proof that the owner was the
driver of the vehicle at-the time of offense. Further, statistics have not been presented to support
that there is a direct correlation between the use of red light cameras and a reduced number of
accidents related to running red lights. Alternative solutions to reducing accidents related to
running lights exist including but not limited to increasing the visibility distance and conspicuity
of the traffic light so it is more likely to attract the driver's attention in time for him or her to
stop, re- timing lights so drivers will encounter fewer red ones, increasing the duration of the
yellow light between the green and the red, adding /increasing a "clearance" phase to the
intersection's traffic signals during which all directions have a red light. It has been suggested
that the yellow light duration is a cause of the increase in red -light running.
FISCAL IMPACT: None
LEGAL CONSIDERATIONS: The relationship between the County and ATS is presently
governed by a Settlement and Release Agreement dated February 28, 2012. Paragraph 15 of that
Agreement provides that either parry may terminate the Agreement "for convenience following
the conclusion of the first (1S) year of this Settlement Agreement, and at any time thereafter,
upon thirty (30) days written notice to the other parry." The Agreement further delineates the
wind -up process following the termination. The proposed letter was written by the County
Attorney, tracks the termination provisions of the Agreement, and is legally sufficient for Board
action. This item requires majority vote for approval. -JAK
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12/11/2012 Item 10.AB.
RECOMMENDATION: That the Board authorize the County Manager to sign the attached
notice, and that such notice be given to terminate the Red Light Camera contract between Collier
County and ATS, effective February 28, 2013; to direct that all red light cameras be duly
removed from all intersections in accordance with the ATS contract; and to further direct staff to
investigate and report back to the Board (1) whether traffic lights can be retimed so drivers will
encounter fewer red lights, (2) whether it is appropriate to increase the duration of the yellow
light between the green and the red, and (3) whether it is appropriate to add or increase the
"clearance" phase to the intersection's traffic signals during which all directions have a red light,
all in the interest of enhancing the public's safety.
PREPARED BY: Commissioner Georgia Hiller
Attachments — Contract, proposed Notice
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12/11/2012 Item 10.AB.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.AB.
Item Summary: Recommendation that the Board authorize the County Manager to sign
the attached notice, and that such notice be given to terminate the Red Light Camera contract
between Collier County and ATS, effective February 28, 2013; to direct that all red light cameras
be duly removed from all intersections in accordance with the ATS contract; and, to further
direct staff to investigate and report back to the Board (1) whether traffic lights can be retimed
so drivers will encounter fewer red lights, (2) whether it is appropriate to increase the duration
of the yellow light between the green and the red, and (3) whether it is appropriate to add or
increase the "clearance" phase to the intersection "s traffic signals during which all directions
have a red light, all in the interest of enhancing the public's safety. (Commissioner Hiller)
Meeting Date: 12/11/2012
Prepared By
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 12/5/2012 2:54:26 PM
Name: OchsLeo
Title: County Manager
Date: 12/5/2012 3:38:29 PM
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12/11/2012 Item 10.AR
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SETTLEMENT AND RELEASE AGREEMENT BETWEEN COLLIER COUNTY
AND AMERICAN TRAFFIC SOLUTIONS, INC.
THIS SETTLEMENT AND RELEASE AGREEMENT ("Settlement Agreement') is entered
Ok-
into on this X 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
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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-
5591'1; 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:
1. 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
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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 TED 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 ff DOT'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
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by Collier County Courts, 20th Judicial Circuit (the "Court'), having jurisdiction over the citations,
violations or offenses arising under the TED 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.
5. 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
Proms•
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
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§ 316.0083, the monthly sum of $28,500.00 for operating TIM at nineteen (19) authorized monitored . e
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 "tum -key" system referenced in LOI #10 -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. TIlKE IS OF THE 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
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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.
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12. NO PARTNERSHIP. Nothing herein contained shall create or be construed as '4+
creating a partnership between County and ATS or to constitute ATS as an agent of County.
13. PERMM: 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 Wile 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. TERMINATION. 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
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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.
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17. INSURANCE. ATS shall provide insurance as follows:
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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 Reaurrements: 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
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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 THIS 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.
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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 firm for cause.
24. IMMGRATION 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.
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26. PROGRAM RE 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.
ATS 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
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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, 1099's, 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
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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 PERSONNEL/PROJECT 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
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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 assignmentlassumption 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 fiuther 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.
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33. L ITATION 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 EQUIPMENT. 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 DEFA UT. 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;
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• 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.
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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 FOR ATS' 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.
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44. FORCE MAJELmE. 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.
ATTEST: ..........::. „� '
.g I
Dwig�it ld k'of Courts
S.
wr9a .sir• `,; : .
• St13t:� a , . .,
Approved as to form and
legal sufficiency:
12)
S8104 R Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: W.
Fred W. Coyle, Chairm
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tam# 1�
AgmxW
We Z1�jQf, Z
tQQku-4
First Witness
cAmEw-o-C.—F,►l..bC. w"
Type/print witness name
Second Witness
Type /print witness name
12/11/2012 Item 10.AB.
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AMERICAN TRAFFIC SOLUTIONS, INC.
S. Kt duel 'Bo lizn . e0O
Typed signature and title
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XHIBIT A
DESCRLPT►ONISCOPE OF SERVICES
Traffic Infraction Detector Prom
I. ATS Scone of Services and Responsibilities
1. Bac` d: ATS shall provide for comprehensive and fully integrated red light traffic
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 DeWctor (TIM Proaram tem
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
which will be provided by County's Traffic bon's Equipment,
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.
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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 Iicense 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 (N M D/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.
I. 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.
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n. ATS shall include a camera system that records event - specific evidence to Aft
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.violationsinfo corn) 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.
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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 Proeessi=
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
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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 re jections 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.
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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. Operating Location and Customer Service Support
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(4xa). Additionally, ATS shall
also provide County, at a minimum, the following data:
a) Hours of use per camera by operational site;
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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, noticestviolations 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 Transmission 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
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d) A payment history.
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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 Training
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.
11.0
lerations 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
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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.
H. 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 FE 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 C'CCSO') shall execute the ATS DMV
Subscriber Services Agreement (Schedule 2) to provide verification to the State
Department of Motor Vehicles, National Law Enforcement Telecommunications
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Systems, or appropriate authority indicating that ATS is acting as an Agent of
County for the purposes of accessing vehicle ownership date pursuant to the list
of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.0 §
2721, Section (bxl) and as may otherwise be provided or required by any
provision of applicable state law.
• The CCSO shall process each potential violation in accordance with State Laws
and/or County Ordinances within 3 business days of its appearance in the Police
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-1 or 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 Sheriffs 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
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12/11/2012 Item 10.AB.
December 11, 2012
Via both U.S. Mail and
Facsimile Transmission
480 - 607 -0901
Mr. Michael Bolton
Chief Operating Officer
American Traffic Solutions, Inc.
1330 West Southern
Tempe, Arizona 85282
Re: Settlement and Release Agreement between Collier County and American Traffic
Solutions, Inc. "Red Light Running Camera Enforcement System"
Notice of Termination Letter
Dear Mr. Bolton,
This letter shall constitute notice to American Traffic Solutions, Inc. ( "ATS ") that Collier
County ( "County ") hereby exercises its right to terminate for convenience our Settlement and
Release Agreement with you dated February 28, 2012 ( "Agreement "). In keeping with Section 15
of the Agreement, such termination shall be effective at the conclusion of the first year of the
Settlement Agreement, or February 28, 2013. As of March 1, 2013, ATS shall cease all services
under the Agreement and shall remove the TID systems installed. under the program as provided in
Section 35 of the Settlement Agreement.
As set forth in the Agreement, ATS shall:
• Stop all work on the TID Program on Termination Date;
• Take no action that shall increase the amounts payable by County under the Agreement;
and
• Take reasonable measures to mitigate County's liability under the Agreement.
As a reminder, 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 documentation shall be cause to withhold any payments due
without recourse by ATS until all documentation is delivered to the County. In addition, ATS
shall promptly return all County -owned property to a location to be 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.
Please direct any questions or concerns regarding this Notice of Termination to Joanne
Markiewicz of the Collier County Purchasing Department at (239) 252 -8975.
Sincerely,
Leo E. Ochs, Jr.
County Manager
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