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Backup Docs 06/22/2010 (CR)2 i� p § } J § ) �\ \ c / � 9 / z $ zo %/ // $ /3( 2 \® \// § * 2P/ w (D G Im> F LU A m\7 j U) - / ~/ 3 .3 } {% n y } ) w w )LU§ \ § }\\ ° § uf§ w 2 2 w \/j t k / §f± 4 § 2 o c@I 2 /\� G / \ //\ ) k ~ }(\ § \ LU (j) ` (/ K 0 j U. \ /j\ j LU \\\ F- Z ) S uj a \ \\\ \ w z //6 / § : c m w § :� \�\ / ] § °`e e & t - \ \\ ] I //2 ! \ § S < i ® z D)k R \ . w C)z » IL k \ \j J ) \// LLJ http : / /www.collierappraiser.com - Print Map o NA L Page 1 of 1 3Rd �� -'�W� I`�oR�► � CA ' r a' N jo.Amb sT nr - �' J4'' d 6.Cp Ak,6 * *(Q A N W A &KMA46 -It TJ2.A(; ryry) c bridges � � d MAP LE Major roads Aomal9 nN t` Collier Count! 3 ?d srsw WidE S ' Rxa No dEf-P 4,4- � a -tI�RE� wA� slop TRAq:�e_ w(Ll i-hvj lotke -k 'A? http:// www. collierappraiser .comlwebmap /mapprint.aspx? title = bridges &orient= L,ANDSCAP1 &&paper= LET... 4/30/10 THANK YOU FOR ALLOWING ME THE OPPORTUNITY TO SPEAK ON BEHALF OF THE RESIDENTS ON 23RD ST SW WHO DO NOT WANT A BRIDGE OVER THE CANAL. First, • I have lived on 23rd st sw, north of the canal for over 25 years. • The residents chose this street to live on because it's a quiet peaceful dead end street. Not a through street like 25th st, 27th st, 29th st or 31 *t streets. We didn't chose to live on a Blvd., Pkwy, Hwy, or Road. • Commissioner Donna Fiala has a place in her home state; she goes there to get peaceful. • 23rd st sw is where we go to get peaceful. • Commissioner Jim Coletta lives on a quiet dead end street; he knows what I am talking about. Next, there are some common sense reasons why not to build a bridge over the 23 Id st canal, • 25th st sw is just one street west of 23rd st sw — others just tenths of a mile apart. • If those streets were not already through streets it would be more understanding. • 13th st sw now has a bridge — gives the FIRE /EMS quicker access to the south side of canal. • G G City and the Collier Blvd Fire Stations if called would use White Blvd. to access south area. • Installing a bridge over the canal is turning the 23rd st sw-White Blvd. into a busy intersection. • Three -way stop sign will make traffic back up during rush hour. (Likely more accidents) • Traffic mobility will be better without the 23rd st sw Canal Bridge, because the canal is like a natural calming device. • Traffic south of the canal on 23rd st sw flows as they make a left turn onto White Blvd and can access GGBIvd turning onto 25th st sw. There are also some economic reasons why not to build the bridge, • 23rd st sw, north of the canal is a narrow street. 18 feet wide, not wide enough for through traffic. • It has deep drainage ditches due to the widening of GGBIvd. • Road improvements will be needed as not only the street opened up to more car traffic, but the 18 wheeler trucks from American Farms, dump trucks, school buses, etc. • 1.6 million for the 23rd st sw Bridge. • Approx. 3 million for 23nd st sw road improvements. (Only ballpark figures) • Will need a permanent traffic light, not a temporary light at the 23rd st sw and GGBIvd intersection. (Another expense) • Can you justify the cost for just one more street leading to GGBIvd? • Must also consider money that has already been spent on previous work done to 23rd st sw north of the canal. (Ditches, culvert work & cement aprons). • White Blvd is to the residents on the south side of the canal like GGBIvd is to the residents on the north side of the canal — Main Exits. • They need White Blvd to be widened to four lanes or at least widened like 23rd st sw is on south side of the canal, which is a much wider roadway. • Now is not the time to be wasting money on an unnecessary bridge and road improvements. • The money should be used toward improving White Blvd. • The residents on the south side of the canal need a more southern exit, not another north exit leading them up to GGBIvd. (Not to be used by the residents on the north side of the canal). • Shortfalls in the budget are affecting police, firefighters, EMS and more. • Economy is in a slump, people loosing their jobs, and their homes to foreclosure. • The Bridge should not be built now, or in the future. It will become a shortcut if south opened up. • Residents already use 25th, 27th, 29th, and 31'4 streets to bypass school zone. Another area of concern and reasons why not to build a bridge over the 23rd street canal deals with Growth Management. This is what we have been told: • The 23rd st sw Bridge is being built over the canal because the County needs to replace the White Blvd Bridge and since the Growth Management Department identified the need of this bridge for better connectivity it made sense to utilize this new access in order to expedite the replacement of the Bridge at White Blvd. • It provides an alternate route to the Estates residents to what is today limited to CR 951. As a 2- lane undivided roadway the extension of 23rd st sw is not intended to be a major shipping or truck route, but to provide more accessibility to residents of the estates. • This is something the residents on 23rd st sw, north of the canal don't understand. • Why must residents of 23`d st sw have their lives turned upside down just to make things easier for Growth Management plans? Again, 25"' st sw is just one street west of 23rd st sw. • What is the benefit of having this bridge over the canal on 23rd st other then another north access? • Is there another motive for the bridge other then needing it for the White Bridge replacement? Perhaps there are some solutions that will benefit everyone, • One, work on the White Bridge one lane at a time. • Residents on the south side of the canal have been dealing with one lane closures on the bridge further up White Blvd since June e, and as reported to me by friends and family who have been impacted by that bridge closing, it hasn't added much time at all to the overall commute time. • Residents closer to 1 e st sw will most likely use that street to exit to avoid the traffic jam on 23rd st sw. • Perhaps a temporary bridge next to the existing White Bridge. There is enough room to be done. • Also, Use of Accelerated Bridge Construction, Pre -cast concrete Bridge replacement, projects have been done in 46 hours with no impact on rush hour_ traffic. • A worse case scenario would be to install a temporary pontoon bridge over the 23rd st sw canal for car traffic only, no trucks, then have the White Bridge replaced as quickly as possible during the summer break. In Closing, • I have friends and relatives who live on the south side of the canal. Bringing all the traffic up from the south of the canal, north to GGBIvd is not solving anything. • It would impact both 23rd st sw and GGBIvd immensely. In fact with more growth south of the canal in the future, is more reason not to connect 23rd st sw with a bridge. • The 23rd st sw Bridge is not a needed bridge; it's only needed for the convenience for the replacement of the White Blvd. Bridge. • Golden Gate Estates is country living, not city living. • Installing bridges for better connectivity should be voted on by the residents of chosen streets. • Again, the residents on 23rd st sw chose to live on this quiet dead end street. We enjoy the fact that it is a quiet dead end street where kids are riding their bikes and skateboards, people are walking and jogging. To open the street up to become a through street will change our lives forever and take away our peacefulness, therefore the residents on 23rd st sw are asking the Board of County Commissioners, the Department of Community Affairs and the Collier County Planning Commission to please reconsider and not build the bridge. `A S tl z fD. r in fD Q' rn a A w ! O CD <7 O TQ n > O rL 0 O C p fD n' ew- LIM S J S o < fD, m CA :: f0 S� re O A 6 W d A o ti r ; as e»D 'rJ N 0 s � � w CA " o3 � A cm, q =Vnm'b eD M o A v ft o ecD y °o 3? 3 A by to CL it �'1� DJ J -0 (` \I (7 V fD `C aQ 13(1 n '• 7 n. m W 'p N N m eb fD ° m d A i A C A ti O U�0 D7 a 0 e a r A A 'Y z A Imo fD fD o � M � C � 1 LN �C 00 J CT O g, w w " %N (n CA ti z m A (Ma T z CL A N _ a 0 m I m m s m w fP. 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Collier County has determined that in order to re -build the bridge on White Blvd that is in deteriorating shape, they will need to divert traffic from White Blvd and provide a route for traffic coming from the south to be able to travel to CR 951 and other routes. a. The New White Blvd Bridge will only be re -built as a 2 -lane roadway. (Why not four lane bridge, considering that future needs of 4 lanes on White Blvd, it is in the MPO) b. Construction on the bridge(s) will take a year. (Why not use the PEES (Prefabricated Bridge Elements & Systems) From the Federal Highway Administration) bridge can be built in as little as 46 hours for $365.2K - see attachment "A ") c. Construction costs for the 23rd Street S.W. Bridge $1,500,000.00 dollars. (County Budget for 2011 is projected to be 12 million short ? ? ?) d. 2001 traffic counts for 23rd Street S.W. south of White Blvd daily average of 7,500. ( e. No current plans for improving the White Blvd and 23rd Street intersection in the current or next few years. Residents of 23rd STREET S.W. information on Bridge Project f. County will be directing traffic from other neighborhoods into another neighborhood with little or no regard for current conditions. g. Has the County surveyed /polled the residents /businesses that are located south of White Blvd to see what their needs or desires are? II. Collier County needs to build a new bridge to replace the present one on White over the canal. The current bridge is poor shape and in need of repair. a. Estimated costs for removing and new bridge $1.5 million b. Time line for removing then build new bridge and opened to traffic, 6 months CURRENT CONDITIONS OF 23RD ST S,W, NORTH OF CANAL AND SUGGESTED NEW BRIDGE III. Collier County is looking at building a bridge over the canal for 23rd Street S.W., thereby allowing traffic to go north on 23'd Street S.W. past White Blvd, over the canal and then to Golden Gate Blvd. It is being stated that the bridge will built with NO ROAD IMPROVEMENTS TO 23RD STREET S.W. a. The northern section of 23rd Street S.W. from the canal north to Golden Gate Blvd, is a narrow roadway lacking sidewalks, space for vehicles and large trucks to pass safely. Deep swat" and ditches line the roadway from the north end and getting progressively steeper as the roadway ends at the canal. L Roadway width at south end 18 feet 3 inches it. Roadway width at mid point 18 feet 5 inches iii. Roadway width at north end 19 feet 5 inches iv. Roadway just before intersection 20 feet 5 inches STANDARD ROADWAY WIDTH IS _A MINIMLIN 10 FOOT TRAFFIC LANE WITH A 20 FOOT TOTAL ROADWAY - MOST ROADWAY TODAY OR 24 FEET WIDE WITH 12 FOOT TRAFFIC LANES Residents of 23d STREET S.W. information on Bridge Project 23'd ST. s.w looking south present conditions � i a I 23rd st s.w looking south present conditions y.,.:: .. e:�o i4'i l b. 23rd Street S.W. has children ranging from grade school to high school who walk each morning to and from the bus stop at the on north end of road and the intersection at Golden Gate Blvd. c. Residents on 23r' Street S.W. walk the street daily for exercise, both morning and in the evening hours. d. Residents on 23' Street S.W. walk their dogs on a regular basis on the roadway. e. Residents on 23' Street S.W. ride bicycles on a regular basis on the roadway. f. The residents on 23rd Street S.W. have stated that they purchased on this street was a dead end roadway, no through traffic. g. building this bridge will forever change this neighborhood h. potential for increase in crime in this area Residents of 23d STREET S.W. information on Bridge Project Residents of 23'd Street S.W. would prefer the bridge not be built, but if this is the only solution that can be developed they must strongly object to the lack of roadway improvements and sidewalks. The failure to do these required road improvements will lead to the following safety and traffic issues: a) increase in traffic from less than 200 cars a day to over 10,00 cars a day. b) increase of traffic crashes due to below required traffic lane and roadway width. (18 feet instead of 24 feet a difference of 6 feet for safety) vehicles presently have difficulty passing safely; vehicles have smashed mirrors on mailboxes when passing other vehicles. c) potential traffic crashes involving pedestrians walking on the already narrow roadway, with increased traffic, no sidewalks or other areas for pedestrians to use safely. d) Current roadway has no area /space for sidewalks due to the road being used as drainage for water run off from Golden Gate Blvd to the canal. e) the current swales /ditches have extremely steep grades, narrow shoulders allowing no space presently for sidewalks or any paths. f) Collier County has not conducted recent traffic counts or speed study to determine the impact this bridge will have on the current and future traffic patterns. Residents of 23d STREET S.W. information on Bridge Project g) Collier County has not conducted a any of them following traffic studies for this project: a. traffic volume for 23rd Street S.W. and White Blvd. i. or for traffic on 161' Avenue S.W. b. Peak Hour Traffic counts for 23`d Street S.W. , White Blvd and 16"' Avenue S.W. c. Crash potentials on 23rd Street S.W. , White Blvd and 16' Avenue S.W. We do feel that 16'h Avenue S.W. traffic should be included in these traffic studies, as traffic from that area will affect this traffic pattern. We where advised that this area has over 1,500 housing units, a private golf course and several commercial operations that will add traffic, cars, trucks and semi trucks. It is our believe that this project needs proper planning, discussion, and review before we just go build a bridge because we can and need a way to move traffic. The residents south of White should also be include in these plans as any changes made will also affect their ability to go to and from their homes during the construction. SUGGESTIONS: I. As Collier County has stated that they presently do not have the funds to provide even the basic required traffic safety improvements for 23rd Street S.W., and the present state of the local economy does not appear to be improving the incoming revenues to the county coffers, it is suggested that the monies needed ( #1.5 million) to build the bridge over the canal linking 23rd Street S.W. be used to build a four lane bridge instead of the current designed 2 lane bridge. By building the bridge as a four lane instead of two would allow part of the new bridge (two lanes or one side) be built and then the old bridge be torn down and the other side (two lanes) be built. This we believe is a more cost effective method as you solve the solution of getting the traffic in and out, reduce costs, do not increase the risk of traffic crashes, vehicular and pedestrians. No additional costs to improve the current roadway or others with funds that are not presently available. Residents of 23`d STREET S.W. information on Bridge Project By building the four -lane bridge now when the time comes and the need for four lanes White Blvd this bridge will be already built at a lower cost. II. Consider the other options; a. Consider using the PBES (Prefabricated Bridge Elements & Systems) From the Federal Highway Administration) bridge can be built in as little as 46 hours for $365.2K (see attachment "A ". Collier County Budget projections for 2011 show 12% decline than last years 11% drop, due to falling property values. (See attachment "B ") b. Poll / survey residents and businesses located south of White Blvd, advise them of the present plans and is that what they want or feel is needed. c. Build a temporary bypass bridge on White blvd, while the new White Blvd Bridge is being built. d. Extend 16' Avenue S.W. to Cr 951 & GREEN BLVD. Residents of 23`d STREET S.W. information on Bridge Project If Collier County determines that the bridge connecting 23' Street S.W. from the south to the northern section of 23rd Street S.W. over the canal is the best option, it is our (residents/ taxpayers) hope that the needed roadway improvements be completed at the same time providing Collier County residents /taxpayers a safe motoring experience. Failure to do any necessary roadway improvements (roadway widening, sidewalks) to the north side of 23'" Street S.W. will lead to an increase risk to the Collier County Government and the taxpayers for allowing heavy traffic usage with unsafe traffic conditions to continuing to exist after being advised that the roadways do not currently meet basic traffic standards. AASHTO, (American Association of State Highway and Transportation Officials) 10 -foot lanes should be considered the minimum standard, 12 -foot lanes are the ( AASHTO) standard; reducing lane widths reduces safety; narrowing lane widths reduces the roadway capacity. Surely, given these so- called facts, no one would seriously suggest narrowing lanes. Road width, shoulder width, and shoulder type are largely determined by the functional classification of the road, sight distance, traffic flow and volume, level of service, design speed of the road, topographical factors, and curvature. What constitutes minimum or desirable width standards is presented in what is referred to as the American Association of State Highway and Transportation Officials ( AASHTO) "Green Book". While the AASHTO Green Book acknowledges that highways should be acceptable to non -users and in harmony with the environment, their primary concern is for the operational efficiency, safety and convenience of the motorist. Residents of 23d STREET S.W. information on Bridge Project PHOTOGRAPHS OF 23RD ST S.W. 23rd Street S.W. roadway width 18 feet 3 inches 23`d Street S.W. narrow road and s .p swales /ditches 23rd Street S.W. 19 feet 5 inches on north end near intersection Residents of 23d STREET S.W. information on Bridge Project 23rd Street S.W. lane width at intersection 10 feet 5 inches PHOTOGRAPHS Of 25T" ST S.W. NORHT OF WHITE BLVD Truck on 25h Street S.W. over lane line also a narrow roadway 19 feet 3 inches - but swales /ditches are flatter and closer to roadway level. Residents of 23 d STREET S.W. information on Bridge Project MURAM 23' Street S.W. (south of White Blvd) roadway 29 feet 7 inches 10 feet 8 inch traffic lane Residents of 23d STREET S.W. information on Bridge Project ATTACHMENT 0 A to Prior to the bridge closure, the contractor constructed a short detour to divert traffic for the weekend, and also drove 40 -ft deep steel H piles at the abutments in the stream banks just outside the existing roadway width. The precast concrete abutments, wingwalls, and superstructure units were fabricated at Plum Creek Products Company in Littleton and shipped to the site just before being installed. At 7 p.m. on a Friday in August 2002, the bridge was closed and traffic diverted to the detour. The existing timber bridge was demolished. Early Saturday morning, 44- ft wide precast abutments and 23 -ft long precast wingwalls with embedded steel plates were erected with a crane and welded to the steel H piles and to each other prior to placing flowable fill behind the abutments. On Saturday afternoon, the eight 38' -4" long, 5'-4" wide, and 1' -6" deep precast superstructure units were erected, including the edge units complete with precast railing. The units were then transversely post- tensioned and grouted. Work stopped at 11 p.m. on Saturday and resumed Sunday morning at 7 a.m. to complete the earthwork and asphalt overlay. The bridge was reopened to traffic at 5 p.m. on Sunday, 46 hours after closure of the existing bridge. Only 38 hours of construction work were required for the replacement. The bridge is expected to see a 75 -year service life due to the quality of its prefabricated components and the attention given to connection details. Page 5 of 56 3 The Colorado DOT awarded the construction contract to replace the deteriorated bridge with a conventional 3 -cell cast -in -place concrete box culvert. However, the contractor, Lawrence Construction Company, was concerned about the safety of his construction crews on this project because of the steep downward grade of the highway approach from the west in combination with the nearby curve of the detour around the bridge site. The contractor teamed with Wilson & Company, a local design firm, to submit a value engineering change proposal to build the single -span totally prefabricated bridge over a weekend to limit the onsite exposure time of his crew. Page 6 of 56 4 The Colorado DOT accepted the value engineering change proposal, with no change to the project funding. However, as part of the acceptance of the proposal, CDOT implemented a lane rental specification that imposed significant costs should the contractor exceed the allowed weekend closure. If the bridge wasn't opened by 6 a.m. on Monday, the contractor was required to pay a lane rental fee of $500 per hour or portion of an hour of lane closures on SH 86. The lane rental was based on road user costs to occupy SH 86. No incentives were included in the contract. Page 7 of 56 5 The engineer's estimate for this project was $ 394.2K. The low bid bid of $365.2K from Lawrence Construction Company was 7% or $29,000 less than the engineer's estimate. There was steep competition among contractors on this project. Twelve contractors bid on the project, and the 2nd lowest bid of $365.8K was just $644 higher than the awarded low bid. The 5 p.m. Sunday opening of the new bridge was 13 hours earlier than the required 6 a.m. Monday opening. No rush hours were impacted and, therefore, no lane rental fees were charged. Motorists who traveled home from work on Friday over the existing bridge and then to work Monday morning over the new bridge never experienced a construction delay or detour. The existing bridge was replaced with a totally prefabricated bridge in just 46 hours, and the contractor anticipates cutting the time in half on similar subsequent projects. In addition to huge savings in user costs and significantly improved safety, this bridge was also completed under budget. Page 8 of 56 6 ATTACHMENT 0 IB II na wS y s a . . F.:ac , c•. v: na{: w,: ,�, Collier's overall property value declined $9 billion or 12 percent in past year . , ' ''1d , NAPLES — Collier County's taxable property values declined by just more than 12 percent during 2009, a larger decline than last year's 11 percent, according to preliminary estimates released Thursday by the Collier County Property Appraiser's office. Kevin Lilly, director of tax roll compliance with the appraiser's office, said officials at the county's various government agencies were more expecting of the decrease this year. Taxable values dropped by almost $9 billion -- from nearly $70 billion in 2009 to an estimated $61.2 billion this year. The taxable values are used in place of final estimates, which will arrive July 1, in government agencies' drive to get their budgets put together for the next fiscal year. Between now and then, budget cuts and tax rates will be discussed, budgets will be drafted, and finalized plans will be approved by elected officials at each of the county's government agencies. Officials were hoping the figures would be better, given positive economic indicators during 2010, but as the values reflect 2009 activity, this wasn't the case, Lilly said. "I think some of the taxing authorities were kind of prepared for a worst -case scenario, and maybe we came in about what some of them were preparing for," Lilly said, noting that last year's decline was far less expected. Some of the largest declines occurred in taxing districts with the lowest total property value, according to the preliminary figures. Everglades City saw a 27 percent decline over last year, from $121 million to $87.9 million. The Big Corkscrew Fire Rescue District saw a nearly 33 percent decline. While Big Corkscrew saw a similar decline last year, of 32.6 percent, Everglades City saw only a 12 percent decline last year. Officials with either agency weren't available Ur 1%2= bn Ude Tom±. Countywide, the_ estimated value of taxable property went from $70 billion in 2009 to $61.2 billion. The value of new construction during the year was $640 million, down from $1 billion a year earlier. Marco Island saw a decline in its total property value of 11.8 percent, from $9.2 billion to $8.1 billion. Naples saw a decline of 8 percent, from $16.2 billion to $14.9 billion. "I had my mind set on 7 percent decrease in values, so 8.3 percent decrease is worse than I expected," said Ann Marie Ricardi, city of Naples finance director. "My dad always tells me to hope for the best, prepare for the worst and expect something in between. This is what I would consider 'something in between. "' Ken Wilkinson, Lee County's property appraiser, said he would release Lee's preliminary values Tuesday. He said he expected the decline to be in the "mid- teens," better than last year's 23 percent decline. Wilkinson said there was basically no new construction in 2009 "That's going to be a big reason why the overall percentage is still down," Wilkinson said. 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Halas, Coletta, Henning, Coyle Dear Members of the Board: � c" ve CZ � My name is Rainer Olbrich. I live at 9848 Luna Circle in North Naples and am a longtime resident of Collier County, a retiree and a regular beach goer (at least twice, sometimes more each week. I do not speak for any group, but only for myself. I believe the issue before you today is a "NO BRAINER". We all know that the public beach facilities near the Ritz Carleton Hotel are inadequate and must be improved. The proposed plans developed by the County's Staff are a well - thought out, professional presentation and an appropriate use of Tourist Tax Funds - which I believe totaled last year around 12 -13 million dollars. Regrettably, there have been some within our community who have tried to "POLFIUE" this issue through Letters to the Editor and other communications, even calling for a delay in Board action UNTIL the replacement of Mr. Halas has been duly elected. Many of these concerns appear to be of the "NOT IN MY BACK YARD" variety, some with innuendos - some emotionally charged. These voices are well - heeled and well- connected, and include the Ritz Carleton Hotel and the Pelican Bay Foundation, both neighbors and other residents in close proximity to the proposed facilities. There has been however, broad -based support within the County for these desperately needed improvements of Public Beach Facilities, as witnessed by an outpouring of support at various public gatherings like the one held in April 15th at the Village Walk Country Club, attended by nearly 80 representatives from various organizations across the county. Further, the Naples Daily News, in its Editorial of April Ie, copy attached herewith, added its unequivocal support to the proposed improvements. Finally, I commend other community activists including Mary Lou Smart and her Keep Our Beaches Open (KOBO) Group for their continued commitment in getting the whole story out to the entire community. Dear Board, I urge you to act now on behalf of the community. We all know most of the principal stake holders and most avid beach goers - our tourists and snow birds - have already left us this year. Visit one of our fine beaches and you will agree that these improved facilities are needed and that they will indeed enhance the enjoyment of life here. Thank you! Cordial Rain r J. Oltlrich Attachment: Naples Daily News Editorial of April 14. 2010 Editorial: Collier County ... proposed beach pavilion would make good bett... Page 1 of 1 mpk?s mws. om Read Mwe at naplesnows Corn Editorial: Collier County ... proposed beach pavilion would make good better Staff Reports Wednesday, April 14, 2010 One of Collier County's most popular public beach parks, at Vanderbilt Beach, now features two public restrooms in a rustic, worn sort of hut. Close by is a makeshift stand on the beach for renting umbrellas and chairs and selling cold drinks. Collier County government proposes a modest update of those services — more restrooms, hot dogs and an observation deck for beachgoers in wheelchairs, for example — and we have a debate. Some Vanderbilt neighbors, including a contingent from Pelican Bay, and the Ritz - Carlton, Naples, say the county's plans are too grand. Others, including beachgoers from Naples Park, across Vanderbilt Beach Road from Pelican Bay, are saying the improvements would be welcome. We tend to agree with them. This new and improved beach- services pod would not attract more beachgoers; it would better serve the ones already there. We also believe there would be plenty of business left for private concessionaires now selling food and drinks a block or so from the beach. Families who come with children who get hungry do not consider a trek to those shops to be convenient. Adequate facilities help make a trip to the beach more pleasant for residents and tourists alike. A pier at Vanderbilt Beach was deemed too much. Nicer restrooms and a snack bar for the public seem to be a better fit. When the county meets in an effort to get the two sides together, there ought to be plenty of opportunities to do the right thing for public service- 0 2010 Scripps Newspaper Group — Online http:// www .naplesnews.com /news/2010 /apr/ 14 /proposed- beach - pavilion -wo... 6/21/2010 "There may be some debris along the boardwalk leading to Clam Pass ParK" Gary McAlpin on March 27th at Pelican Bay Foundation Meeting. The following quantities of "debris" were observed that same afternoon TYPE OF DEBRIS NORTH OF SOUTH OF TOTAL BOARDWALK BOARDWALK GLASS BOTTLES 26 25 51 PLASTIC BOTTLES 30 38 68 CANS (1) 76 75 151 CUPS (2) 5 9 14 PLASTIC CUPS 36 69 105 PLASTIC (3) 44 52 96 TENNIS BALLS 3 1 4 BALLS 1 3 4 FOOTBALLS 4 1 5 SHOES 3 2 5 RAGSITOWELS 1 5 6 GOLF BALL 1 1 BIG CANVASS 1 1 TOTALS 229 282 511 (1) INCLUDES BEER, SODA, SPRAY, ETC (2) CUPS REFERS TO PAPER OR FOAM (3) PLASTIC REFERS TO PLASTIC BAGS, SPOONS, PAPER BAGS, PIECES OF PLASTIC, ETC NOT INCLUDED ARE A WIDE VARIETY OF SMALL ITEMS C 2 W to 2 7 z 2 W H a ❑ Z W O 21 G 2 w Q ❑ Z w a G J W J U zI z 2- CL w Q J CL Q W 2 0 z w m F W m W 2 F O H w a m O 0 ❑ Q O LM W 2 Z 0 W 2 F LL O LL w J W J Q F- W 2 r z O O U- 0 w r W J IL m O U W Q J CL y W O W U) V) LU ix ❑ ❑ Q a W O Z v F- w IL 6 Z Z w U) W � a ZLLI QJ LL ❑ U) < w U) 0 a_ L m Q �wZ > S F F � a Qom C7 Y F Z CL < r� Q mU2 Q O = F F - z z x � Q ~ Z W ono Z w Cl) 7 U) C 0 w z w w Cn a�0� m O Z cC W O w m�Z J :D Q F- U) O ZO Cl) g m z_ p U J 0 S J O O Q ❑ o J w = o Cm� w F- W O Z LU (n Q w a_ N w r ❑ � o ❑ n Q ❑ O - S zoo w U U L w Z ly z °° ❑ J Q U) OoLli z z � D ' O U z Q W O J J m O z x K Q 2 U W 2 J Z O U) N W K ❑ Q O H w a ❑ Z a CO z Z w O U 0 0 K O LL U) w r z Z Cl) W LLI K x F O F- W F J w Q O r � � % } 2 \ 2 \ � _\ $ � o I ƒ \ LLI -j ) w \ \ ai j � ) § §, \ } 2 ( \ \ m k 7 LL � 7 / 6 LU \ \ ]< I / § E \ LU \ \ CL k z »/ o \i\ / §» 2 PI § /}\ & \\/ \ &`« ` /J6 § } \§ \ }9\ / /(\ ¥ LLI Cl) 0 LL z u[± \ \7I \\\ \ T- (1) ° »2= § \(� 7 / \\ ) /0 w e2\ \ \/L j/r Cl) :y\ _ /»± $ w \\ \ 2 G Lu ( g 3 \g S j 0 Cl) } e « Z :D \ § \ {\ �D ED W \ \/ PIN y V Q \` O O w W fll Z 2 W r ❑ z w 0 ao w VC J Q EF ti N V 2 W t- ❑ Z W (i ao J W J U z a w a w J a S w X z Z W fL U W m 0) W S r O r a w CL 2 O w ❑ a O m W S I-- z U) a 0 W S r LL O LL r w W J %T- ER W J r w x r Z O K O LL ❑ W W J a 2 O U w J a J s wZ w CT, = M r O LLI N N N S ❑ Q 0 N L! 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F- z § F- = z u \ /}[ / § SrT ) ( }/ G \\ § \ \E \ z a.. ■ § §jj k � CL C) Lu -r L.#,- �0 EXECUTIVE SUMMARY mecommenaatnon to approve Amenament ivo. 1 of Agreement va -miz to American iratnc Solutions for provision of a Red Light Running Camera Enforcement System and extend the current contract on a month to month basis subject to termination by either party upon thirty days written notice. OBJECTIVE: To gain Board approval of staff s recommended Amendment No. 1 to Agreement 08 -5132 with American Traffic Solutions (ATS) to continue the Red Light Running Camera Enforcement System for signalized intersections maintained by Collier County on a month to month basis subject to termination by either party upon thirty days written notice, as well as, to obtain data for issuance of a new RFP once state standards are developed by December 31, 2010 CONSIDERATIONS: On February 10, 2009, Collier County entered into Agreement 08 -5132 with American Traffic Solutions to provide services for the implementation of the "Red Light Running Camera Enforcement System" as provided in the Collier County Intersection Safety Ordinance as amended. The Mark Wandall Traffic Safety Act was approved and signed into law by the Governor on May 13, 2010. Certain provisions within Agreement 08 -5132 are not in compliance with the Mark Wandall Traffic Safety Act. To bring Agreement 08 -5132 into compliance with state law, an amendment to the contract is needed. The Mark Wandall Traffic Safety Act allows the County to continue to use the traffic detector camera equipment that has been installed until July 1, 2011. After July 1, 2011, all equipment must be in compliance with specifications to be established by the Florida Department of Transportation (FDOT) by December 31, 2010. This amendment will allow the extension of the current contract and bring it in compliance with the new law that becomes effective July 1, 2010. The program now, excluding right turn on red, would continue and data would be developed to establish an REP for solicitation by the end of the 2010 calendar year. The county would only seek to recoup its costs, estimated at $8,250.00 per month, and allow the vendor to operate and report on the program in preparation for the new REP. FISCAL IMPACT: The amendment of the contract provides to the County a flat fee to cover its costs to administer the program, estimated at $8,250.00 per month. The remainder of funds will be distributed to the state and to the vendor consistent with Florida law. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action —SRT. GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the Amendment No. I of Agreement 08 -5132 to American Traffic Solutions, authorize the Chairman to execute the attached amendment, and authorize any necessary future budget amendments related to disbursement of funds collected through this project to the General Fund (001). Prepared By: Eugene Calvert, P.E., Principal Project Manager Attachment: Negotiated Amendment to Agreement 08 -5132 with American Traffic Solutions (ATS) AMENDMENT NO. 1 TO AGREEMENT 08 -5132 FOR RED LIGHT RUNNING ENFORCEMENT SYSTEM This Amendment (the "Amendment') to Agreement 08 -5132 between American Traffic Solutions, Inc. ( "ATS" or "Contractor ") and Collier County, a political subdivision of the State of Florida ( "County" or "Customer "), dated February 10, 2009 (the "Agreement") is made and effective as of this 22nd day of June, 2010 by and between the County and Contractor. Recitals WHEREAS, Collier County has adopted Ordinance No. 08 -22, as amended, providing for the enforcement of red light violations using traffic infraction detectors (the "Ordinance "); and WHEREAS, on or about February 10, 2009, the County and Contractor entered into the Agreement, whereby the County and Contractor agreed to the provision by Contractor of services to the County in connection with the enforcement of the Ordinance, subject to the terms and conditions stated in the Agreement; and WHEREAS, on or about May 13, 2010, the Governor of the State of Florida signed CS /CS /HB325 into law, resulting in the Law of Florida 2010 -80 taking effect on July 1, 2010; and WHEREAS, Law of Florida 2010 -80 expressly authorizes local governments to use traffic infraction detectors to enforce certain provisions of Chapter 316 of the Florida Statutes, subject to certain requirements; and WHEREAS, the Board of County Commissioners of Collier County, Florida has amended Ordinance No. 08 -22 to provide for the enforcement of red light violations using traffic infraction detectors in accord with the provisions of Law of Florida 2010 -80; and WHEREAS, the County and Contractor wish to amend and modify the Agreement to align the provision of services by Vendor with the provisions of Law of Florida 2010 -80. Terms and Conditions NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and Contractor agree that the Agreement shall be and hereby is amended and modified on the terms provided herein: 1. Recitals. The preceding recitals are true and correct and are incorporated into this Amendment by reference. 2. Commencement. Section 1 of the Agreement is deleted in its entirety and replaced with the following: 768! Eas: Gay Pc ad • Scxtsdzc. Acura 8528 • TE'_: 480.441' M FAX 48050E.453' rome.aso'.ccrr • . wN.R2dL0h:Caarera.ccm • w;ow..Ratepa.s.c „ m This Amendment to the Agreement shall be for a period commencing on July 1, 2010 and will continue on a month -to -month basis unless and until either party gives the other party at least thirty (30) days written notice of termination. 3. Compensation. Section 3 of the Agreement is deleted in its entirety and replaced with the following: Upon signing this Amendment, the Contractor shall pay the County $8,250.00 each month for the right to operate its red light camera running program, with the first payment due within 5 business days from execution of this Amendment, and with each subsequent payment due no later than the first of each and every month thereafter. Any payments received by the County that are owed to Contractor will be paid to Contractor subject to the terms of the Agreement and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." Exhibit B (Pricing) is hereby deleted in its entirety. 4. Exhibits. Exhibit "A" to the Agreement is deleted and replaced with Exhibit "A" to this Amendment. 5. Effect of Amendment on Agreement. Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement shall remain in full force and effect. Unless a different meaning is specified in the Amendment, all capitalized terms used herein shall have the meaning described in the Agreement. In the event of a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail and control. 6. Entire Agreement. The provisions of this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. All representations and promises made by any party to another, whether in writing or orally, concerning the subject matter of this Amendment are merged into this Amendment. Except as amended by this Amendment, the terms of the Agreement shall continue in full force and effect. 7. Counterpart Execution. This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. Each party represents and warrants that the representative signing this Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment. [Remainder of Page Intentionally Left Blank] Page 2 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency Jeffrey A. Klatzkow County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle, Chairman AMERICAN TRAFFIC SOLUTIONS, INC. is Adam E. Tuton Chief Operating Officer Witness (Signature) Name: (Print or Type) Witness (Signature) (Print or Type) Page 3 of 19 Date Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL EXHIBIT A I. First Phase Of Services (Uncompensated) The Contractor shall provide consulting services regarding the recommended identification of locations for placement of Red Light Enforcement equipment, based upon traffic engineering principles, violation history, crash history, and input from County Traffic Engineering and the Collier County Sheriffs Office (hereafter, the "Sheriff'). The report of recommended locations shall be submitted in a report giving the locations and the criteria and rationale for their selection. The Contractor shall perform an engineering study denoting by approach for the twelve (12) month period following the original installation of the enforcement equipment, the average violation rate, intersection crash rate, and documenting any rise or decline in either of those rates. For the violation rate, compare the sixty (60) days of Courtesy Warnings with the last sixty (60) days of the first year of operation. The report shall be signed and sealed by a Professional Engineer licensed to practice in the State of Florida. The Contractor shall provide for comprehensive and fully integrated red light traffic safety management services. The Contractor will deploy traffic safety camera equipment at designated arterial intersections, covering one to four (4) approaches at each intersection. At the selected approaches, up to six (6) lanes may require traffic safety camera enforcement, including any turn lanes, except for right turn lanes. Contractor shall not pursue any compensation or enforce right turn on red violations. The Contractor's services shall include all hardware, software, installation, maintenance, operation, and all back -office processing of violations. Contractor's system will be allowed non - intrusive access to the County's traffic signal cabinetry in accordance with Florida Department of Transportation published guidelines. After the initial installation of any required connection inside of the County's traffic signal cabinetry, Contractor shall not be allowed any further access without the County's express authorization if necessary to effectuate required repairs. Such connection shall not alter, influence or control the timing or sequence of the traffic signal. II. SECOND PHASE OF SERVICES (Compensated): Red Light Camera System The Contractor shall provide and install all equipment including, but not limited to, poles, cabinets, and related operational equipment at the selected intersection (s). All cameras will be housed within an enclosure affixed to a steel or aluminum pole. All enclosures and poles shall be painted English Ivy Green as specified within the current version of the County's Paint Specification for Traffic Signal Equipment, which will be provided by the County's Traffic Operations Department upon request. Page 4 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL Contractor's system will be allowed non - intrusive access to the County's traffic signal cabinetry in accordance with Florida Department of Transportation published guidelines. Contractor shall not be allowed any further access without the County's express authorization if necessary to effectuate required repairs. • The Contractor shall disclose whether the system, at any time, photographs an image of the driver of the vehicle. • The Contractor shall use a high quality digital camera system with an output in excess of 3000 x 2000 pixels per image is required. The Contractor shall detail the image quality specifications and provide real sets of violation image examples captured under all conditions including, but not limited to, in daytime, nighttime, during inclement weather, and during times where sunlight is pointing in the direction of the camera. • The Contractor shall provide equipment that is capable of gathering traffic data for statistical analysis, including traffic volumes by approach and lane. The Contractor shall provide equipment capable of deployment in a wide range of operating conditions; e.g., heavy traffic volumes, adverse weather conditions, road surface configurations, etc., and across six (6) moving lanes of traffic. • The Contractor shall provide equipment to provide a reliable non - intrusive, non- physical connection to the red phase signal through the County's traffic signal cabinetry in accordance with Florida Department of Transportation published guidelines, as updated. • The Contractor shall provide a system which must provide at least three (3) digital color still images of each violating event. The images shall be taken to ensure that the rear of the vehicle and license plate are captured. The first image shall capture the vehicle before the front wheels strike the legal violation limit line. The second image shall capture the vehicle after the rear axle has crossed the crosswalk or legal limit line. The third image shall depict a close up of the license plate. The Contractor will use a video system that will capture a short duration video of the violation. • The Contractor shall provide a camera system which shall record data pertinent to each violation at the time of capture. • The Contractor shall provide data which shall be recorded in a flexibly configured data bar that is embedded with each scene, license plate and stop bar detection images that may be used to prove the violation. The data bar shall include, at a minimum, the following information for each violation: a) Unique violation identifier incorporating the County; b) Location of violation; C) Date (MM /DD/YYYY); Confidential Page 5 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL d) Time of the violation in 24 hour clock including hours, minutes and seconds; e) Elapsed time between images; f) Direction of travel; g) Traffic signal phase; h) Time into the red phase displayed in thousandths of a second; g) Duration of the prior amber phase; h) Vehicle lane of travel; i) Camera ID; and j) Frame sequence number. The Contractor shall provide a system which includes an ancillary video system as supporting information to the violation provided by the still images. The video must be full motion at the rate of thirty (30) frames per second or greater and allow aperture adjustment. The Contractor shall ensure that each imaging unit's operation shall be microprocessor controlled and fully automatic. The Contractor shall include a camera system that shall be capable of on -site or remote activation and maintenance support. • The Contractor shall include a camera system that shall perform a self -test on set -up; simulate a violation being recorded for testing; communicate error messages; record date and time of system shutdown in the event of a malfunction. The Contractor shall include a camera system that allows a malfunction to be easily identified and debugged on -line. The Contractor shall include a camera system that records event - specific evidence to substantiate multiple, simultaneous and /or concurrent violations occurring during any red signal phase. • The Contractor shall provide a system which shall provide 24 hours a day/7 days a week "live" intersection monitoring and viewing capabilities. This video shall be retained as required by the Florida Public Records Law, F.S. § 119, and made publicly accessible consistent with Florida law. The Contractor shall include a camera system that includes component operations, which are synchronized to a single, standard, independent, external and verifiable time and date source. • The Contractor must use more than one (1) vehicle detection. The Contractor must explain the vehicle detection methods which can be used by the system including, but not limited to, the benefits and limitations of each (if more than one (1) is offered). Page 6 of 19 Collier County, FLATS Contract Amendment 201 0.05.26 City of Collier County, FL • Red light camera enclosures must be tamper proof and vandal proof. • Red light camera enclosures must be designed in such a fashion that maintenance, and other operations can be accomplished easily and quickly without creating a public safety hazard. The Contractor shall explain typical maintenance procedures. • The Contractor shall state installation and construction times for a generic intersection. • The system shall be able to simultaneously monitor traffic in up to six (6) lanes. The Contractor shall monitor straight- through violations. The system shall be capable of detecting and recording evidence of left turn violations, regardless of vehicle speed. The system shall not detect or record right turn on red movements. Notwithstanding the Contractor's duty to provide the above - specified equipment, the Contractor shall be required to modify or replace any piece of equipment should more stringent specifications be mandated by the Florida Department of Transportation. Violation Processing This Agreement contemplates a procedure whereby red light violations are enforced through the use of traffic infraction detectors, as provided in Law of Florida 2010 -80, as may be amended or recodified from time to time. When the Sheriff determines to enforce a violation, as provided herein, ATS shall send the registered owner of the motor vehicle a written notification (a "Notice of Violation ") by first class mail as provided more fully in Law of Florida 2010 -80, as may be amended or recodified from time to time. If the registered owner does not pay the required penalty or submit a valid affidavit establishing an exemption, the Sheriff shall then direct ATS to issue a Uniform Traffic Citation ( "Uniform Traffic Citation ") to be enforced as provided in Chapter 316 and 318 of the Florida Statutes, as may be amended from time to time. There shall be no requirement to install Contractor processing software on County owned or maintained information technology or computing systems. The violation processing system shall allow the County and the Sheriff a detailed view into all of the information related to the program. The County's IT Department will not allow software installation on County owned or maintained equipment — the Contractor will need to supply the County, Sheriff, and the Clerk of Court, as necessary, a stand -alone PC /laptop with installed software with the red light enforcement system's viewing capabilities. All access (via a secure internet portal) to the violation processing system for the purpose of preprocessing evidence, police authorization, notice printing, payments tracking, and generation of court evidence packages shall be Internet enabled and shall be available 24 hours a day /7 days a week for authorized users. Confidential Page 7 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL The violation processing system shall provide the following functions: a) Web - enabled access and operation; b) Secure user log -in and access; c) Automatic presentation of images and data captured by the camera system onto review PC's; d) Easy review of violation evidence against regulations; e) Ability to both "play" full motion video and view multiple scene and plate images; f) Ability to view each image as a full screen enlargement with a single click; g) Ability to view all original images; h) Ability to "crop" a license plate image area from the optimal license plate image in the multiple -image license plate set to establish vehicle ID, and subsequently print the cropped plate area image to the Notice of Violation; i) Ability to "accept" or "reject" violation sets and record rejection reasons; j) Ability to automatically generate printed Notices of Violation and Uniform Traffic Citations; k) Ability to store and archive all processed violation evidence into a secured database; 1) 24 hours a day /7 days a week ability to access any stored violation image from the system's database subject to agreed archive rules; m) 24 hours a day /7 days a week ability to request and immediately view Court Evidence Package image sequences displayed as video or as individual high resolution still shots, or send images to print locally; n) 24 hours a day/ 7 days week ability to immediately request, view and print both standard and user - defined reports; o) Secured Access Control and automatically generated electronic audit trails; P) Encryption and decryption management; q) The system shall be capable of preparing and mailing one Notice of Violation and one Uniform Traffic Citation, as directed by the Sheriff, for all chargeable violations to vehicle owners, in the time and manner provided for by Law of Florida 2010 -80, as may be amended or recodified from time to time. The Collier County's Sheriff's Office, may appoint one or more deputies or Traffic Infraction Enforcement Officers, that latter of whom if appointed shall meet the qualifications set forth in Law of Florida 2010 -80, as may be amended or recodified from time to time, to review potential violations prior to the issuance of a Notice of Violation to verify that a violation has occurred. The Sheriff shall provide the County and the Contractor with the names, contact information, and electronic signatures of all persons authorized by the Sheriff to approve and issue Notices of Violation and Uniform Traffic Citations. Page 8 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL The County shall provide Contractor with the name and contact information for a Uniform Traffic Citation manager responsible for oversight of all Uniform Traffic Citation - related program requirements. The Sheriff shall provide Contractor with a form of Uniform Traffic Citation that complies with the provisions of Chapter 316 of the Florida Statutes, with the understanding that some modifications may be necessary to enable use with Contractor's systems. Contractor shall make an initial determination of whether recorded images of potential violations should be forwarded to the Sheriff to determine whether a Violation has occurred and shall not forward for processing those recorded images that clearly fail to establish the occurrence of a Violation. The Sheriff shall process each potential violation in accordance with State Law and County ordinance using the violation reporting system to determine which potential violations will be issued as Notices of Violation and, if necessary, as Uniform Traffic Citations, and to approve their issuance. If a motor vehicle owner who receives a Notice of Violation fails to pay the statutory penalty or submit an affidavit that complies with all requirements provided in Section 316.0083(1)(d) of the Florida Statutes within the time period provided in Section 316.0083(1)(b) of the Florida Statutes, the Sheriff shall direct ATS to issue a Uniform Traffic Citation automatically based on the Sheriff's prior approval of the Notice of Violation. The Sheriff or the County shall provide Contractor with instructions or specifications for the treatment of affidavits supporting an exemption offered by motor vehicle owners. The County shall establish a method by which a motor vehicle owner who has received a Notice of Violation or a Uniform Traffic Citation may review the images and video evidencing the Violation at www.violationinfo.com free of charge. This may be at a publicly available terminal at a County facility or by appointment with the Uniform Traffic Citation manager. The Contractor and the Clerk of Court's Office shall respond to inbound phone calls and correspondence from defendants who have questions about disputes and other issues relating to Uniform Traffic Citation adjudication. The County may refer questions regarding the Contractor or its technology and processes to websites and /or toll free numbers provided by Contractor for that purpose. Any potential costs to develop a computer or other interface program between Contractor and the court adjudication system or the Sheriff will be paid by Contractor. Such required interface program shall be in place and available no later than July 31, 2010. Contractor will be required to accurately capture and store images, establish a chain of custody for the image medium, and process and issue Notices of Violation and Uniform Traffic Citations for red light violations. Confidential Page 9 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL Contractor will have the capability to generate clear, easily identifiable images for the violations, allowing an unbiased individual to determine fault (including extenuating circumstances). Software to process, issue, and track Notices of Violations and Uniform Traffic Citations will be installed and fully operational. Connections must be established to NLETS ( "National Law Enforcement Telecommunications System ") or a database acceptable to the Sheriff that allows access to obtain motor vehicle registration information. Notices of Violation and Uniform Traffic Citations will be sent by or at the direction of the Sheriff in the manner and at the time provided in Law of Florida 2010 -80, as may be amended or recodified from time to time. ATS shall be responsible for electronically transmitting all information required for processing of Uniform Traffic Citations to the Clerk of Court. Operations Office and operational departments will be fully staffed by no later than July 1, 2010. The County will have the right to review the references and background information of any of the Contractor's employees directly involved in providing services. The County may request the replacement of any employee providing services. Collections The Contractor will collect payments from motor vehicle owners who receive Notices of Violation. a) Payment options should include check, money order, or credit card, in person, via telephone and over the internet. b) The Contractor will directly deposit all monies into an account designated and managed by the County. Fine collection procedures will be developed in accordance with County procedures and Florida law. C) Records will be kept in accord with generally accepted accounting practices. d) Contractor will prepare a Notice of Violation that contains all information required by Law of Florida 2010 -80, as may be amended or recodified from time to time, which shall be sent by first class mail in the time provided by statute. Operating Location and Customer Service Support The automated red light enforcement system will be overseen and administered by the Collier County Growth Management Division. Confidential Page 10 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL The Contractor shall provide customer service to the County and make provisions to assist the alleged violators who are seeking to view their violations and ask questions with regard to the operations of the system, reporting procedures, and enforcement of the County's ordinance. The Contractor shall provide an adequate number of services and maintenance staff to service the cameras and be available to respond to service requests by the County. Image processing, issuance of citations, computer processing, financial reporting, and overall management of the program may be performed at remote locations so long as the Contractor remains highly responsive to the needs of the program and meets the requirements set forth by the County. Statistical Analysis and Reporting Systems The processing system shall produce statistical analysis of camera location and operations will be preferred; including, at minimum: a) Hours of use per camera by operational site; b) Results achieved by each camera by site; C) Offenses recorded by site; and d) Traffic counts by lane, date and hour. The processing system shall be capable of immediately generating operations reports 24 hours a day /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 and so forth). The processing system shall also supply reports of: a) Camera equipment hours of service and hours lost; and b) Number and description of camera or other equipment malfunctions. The processing system shall provide violation and traffic statistics as follows: a) Real -time traffic volume and vehicle counts; and b) Real -time violation graphs and chart by: 1) individual lane; II) time of day; and 111) day of week. The Contractor shall provide a monthly report that includes the following: Page 11 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL a) The number of events detected, notices /violations issued and prosecutable image rate by location and in total; b) The total number of violations that occurred and percentage of total vehicle traffic by lane; and the total number of percentage of rejected images by reason. The Contractor shall provide the County with statistical data and such other information detailing the results of using the traffic infraction detectors as mandated by the reporting requirements of Law of Florida 2010 -80. In addition, the Contractor shall provide the County web -based access to cameras to obtain raw data and video images for data and analysis. Image Transmission Security and Data Storage The system shall provide for image and data security that shall prevent unauthorized persons from accessing the camera images and databases and tampering with images. The Contractor shall store all enforceable images produced by cameras as required by the Florida Public Records Law, F.S. § 119. The Contractor shall provide an evidence package for any contested violations. The package shall consist of: a) All issued and disputed notices to the party; b) A violation history report; C) A correspondence file; and d) A payment history. The Contractor shall maintain a proper chain of evidence that meets the needs of the Sheriff. and court functions. The Contractor shall provide a qualified expert witness who is knowledgeable on the theory, operation and functional capabilities of the red light camera unit. Maintenance, Support and Training • All maintenance of camera, video, sensors, computer and related equipment shall be the responsibility of the Contractor. • The Contractor shall repair or replace any inoperable equipment within seventy - two (72) hours of detection by the Contractor or notification by the County. The Contractor shall describe the proposed standard process for how often the cameras systems will be visited for maintenance and inspection and shall explain what occurs during a maintenance and inspection visit. • The Contractor shall provide ongoing training support as needed by the County. Confidential Page 12 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL • The Contractor shall provide hands -on training as necessary to personnel as required by the County. • The Contractor shall provide training materials. Operations and Public Awareness • Contractor shall provide a project manager for the project as the single point of contact to the County. • Contractor shall provide intersection design and installation plans for review and approval by the County Traffic Engineering Department and Permitting Department. • Contractor shall install and maintain installed cameras. • Contractor shall be responsible for loading, optimizing, and license plate data entry processing of images for review (final review to be processed by authorized County personnel) • Violations for which registered owner data is available shall be issued within the legally required number of days of the violation event date. Contractor may be asked to provide all required notice processing supplies including, paper, envelopes, postage, toner, and any and all notice printing supplies. Notices of Violation shall include recorded images required by Florida Statute § 316.0083. • Contractor shall provide a means for the fines to be paid on -line by creditor debit card. • Payments tendered by Owners more than thirty (30) days after issuance of a Notice of Violation shall not be accepted by Contractor. • Contractor shall be responsible for providing weekly reporting data in a format acceptable to the Clerk of Courts to allow the Clerk to transmit funds to the State as required by law and for purposes or reporting to the Florida Department of Revenue. Page 13 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL Responsibilities of Contract Parties 1. AMERICAN TRAFFIC SOLUTIONS (ATS) 1.2 ATS IMPLEMENTATION 1.2.1 ATS agrees to provide a turnkey solution for Camera Systems to County wherein all reasonably necessary elements required to implement and operate the solution are the responsibility of ATS, except for those items identified in Section 2 titled "County Scope of Work." In general, if work is to be performed by the County, unless otherwise specified, the County shall not charge ATS for the cost. All other in -scope work, external to County, is the responsibility of ATS. 1.2.2 ATS will assist County with video evaluation of candidate sites using the Axsis VIMS system. 1.2.3 ATS will maintain the Camera Systems at the nineteen (19) existing approaches. No Camera Systems will be installed at additional approaches without the approval of the County. 1.2.4 ATS will operate each Camera System on a 24 -hour basis, barring downtime for maintenance and normal servicing activities. 1.2.5 ATS's in -house marketing department will assist County with public information and outreach campaign strategies. In addition, depending upon the agreed -upon strategy, ATS may pay for agreed upon extra scope expenditures for public relations consultants, advertising, or media relations. 1.2.6 ATS agrees to provide a secure web site (www.violationinfo.com) accessible to Owners who have received Notices of Violation or Uniform Traffic Citations by means of a Notice # and PIN, which will allow violation image and video viewing. 1.2.7 ATS shall provide technician site visits to each Camera System once per month to perform preventive maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and controller enclosure cleaning; inspection of exposed wires; and, general system inspections and maintenance. 1.2.8 ATS shall repair a non - functional Camera System within seventy -two (72) business hours of determination of a malfunction. Page 14 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL 1.2.9 ATS shall repair the Axsis VPS System within one (1) business day from the time of reported outage. Outages of County internet connections or infrastructure are excluded from this service level. 1.2.10 For any customer using ATS lockbox or epayment services, ATS will establish a demand deposit account bearing the title, "American Traffic Solutions, Inc. as agent for Customer" at U.S. Bank. All funds collected on behalf of customer will be deposited in this account and transferred by wire the first business day of each month to County's primary deposit bank. County will identify the account to receive funds wired from U.S. Bank. County shall sign a W -9 and blocked account agreement, to be completed by County, to ensure County's financial interest in said U.S. Bank account is preserved. 1.3 ATS OPERATIONS 1.3.1 ATS shall provide County with an automated web -based citation processing system ( Axsis VPS) including image processing, color printing and mailing of a Notice of Violation per chargeable event. Each Notice of Violation shall be delivered by first class mail to the Owner within the statutory period. 1.3.2 ATS shall make an initial determination of whether recorded images of violations should be forwarded to the Sheriff to determine whether a violation has occurred and shall not forward for processing those recorded images that clearly fail to establish the occurrence of a violation. 1.3.3 Upon expiration of the due date of the Notice of Violation, ATS shall issue a Uniform Traffic Citation, which shall be delivered by certified mail to the Owner within the statutory period. The issuance of the Uniform Traffic Citation shall be based on the Sheriff's prior approval of the Notice of Violation and shall carry the Sheriffs employee's electronic signature. 1.3.4 ATS shall make available a form of affidavit, approved by County and the Sheriff, to be used by a motor vehicle owner who wishes to establish the existence of an exemption to a Notice of Violation or Uniform Traffic Citation as provided in Section 316.0083(1) (d) 1 of the Florida Statutes. 1.3.5 ATS shall apply an electronic signature to a Notice of Violation or Uniform Traffic Citation, as authorized to do so by the Sheriff. 1.3.6 ATS shall obtain in -state vehicle registration information necessary to issue Notices of Violation and Uniform Traffic Citations as authorized by the Sheriff. 1.3.7 Assuming that it is named as Sheriffs agent for the limited purpose stated in section 1.3.6, ATS shall seek records from NLETS, or other Confidential Page 15 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL vehicle registration databases acceptable to the Sheriff, and apply such records found to issue Notices of Violation and Uniform Traffic Citations. 1.3.8 If County is unable to or does not desire to integrate ATS data into the adjudication system, ATS shall provide an on -line adjudication processing module, which will enable the adjudication function to review cases, related images, correspondence and other related information required to adjudicate the disputed Uniform Traffic Citation. The system will also enable the Clerk of Court's staff to accept and account for payments and generate reports as required by law; including those reports that must be filed with the Florida Department of Revenue each week. Any costs charged by a third party vendor to integrate ATS's system to the Clerk of Court's adjudication computer system shall be borne by ATS. 1.3.9 ATS shall provide to the County access to the Axsis VPSTM System, which provides the County with the ability to run and print standard system reports. 1.3.10 If required by the County, ATS shall, at ATS's expense, provide the County with, and train a local expert witness able to testify in Court on matters relating to the accuracy, technical operations, and effectiveness of the Axsis TIM System until judicial notice is taken. 1.3.11 In those instances where damage to a Camera System or sensors is caused by negligence on the part of County or its authorized agent(s), ATS will provide County an estimate of the cost of repair. Upon authorization to proceed with the repairs or replacement, ATS shall replace or repair any damaged equipment and invoice County for the pre- approved repair cost. ATS shall bear the cost to replace or repair equipment damaged in all other circumstances. 1.3.12ATS shall provide a toll -free help -line to help County resolve any problems encountered regarding its Camera System and /or citation processing. The help -line shall function during normal business hours. 1.3.13 As part of its turnkey system, ATS shall provide Owners with the ability to view recorded images of violations involving their motor vehicles online. This online viewing system shall include a link to the ATS payment website(s) and may offer the opportunity to download a form affidavit to establish an exemption under Section 316.0083(1) (d) of the Florida Statutes. Online- obtained affidavits submitted in response to a Notice of Violation or Uniform Traffic Citations shall be directed to and processed by ATS and communicated to County and the Sheriff via the Axsis System. 1.3.14 All traffic detection equipment supplied by ATS shall meet and comply with FDOT specifications and standards currently being developed. Confidential Page 16 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL 1.3.15 ATS shall be responsible for electronically transmitting all information required for processing of Uniform Traffic Citations to the Clerk of Court. II. COUNTY SCOPE OF WORK 2.2 GENERAL IMPLEMENTATION REQUIREMENTS 2.2.1 On or before July 1, 2010, County shall provide ATS with the name and contact information for a project manager with authority to coordinate County responsibilities under the Agreement. 2.2.2 On or before July 1, 2010, County shall provide ATS with the name and contact information for a Uniform Traffic Citation manager responsible for oversight of all Uniform Traffic Citation - related program requirements. 2.2.3 On or before July 1, 2010, County and /or the Sheriff shall provide ATS with the name(s), contact information, and electronic signature(s) of persons authorized by the Sheriff to approve and issue Notices of Violation and Uniform Traffic Citations. 2.2.4 County shall establish a method by which an Owner who has received a Notice of Violation or a Uniform Traffic Citation may review the images and video evidencing the Violation at www.violationinfo.com free of charge. This may be at a publicly available terminal at a County facility or by appointment with the Uniform Traffic Citation manager. 2.3 TRAFFIC OPERATIONS DEPARTMENT 2.3.1 If County chooses to move a Camera System to a new approach after initial installation, it shall pay the costs to relocate the System. 2.3.2 County will design, fabricate, install and maintain red light camera warning signs required by law to be posted in connection with the use of a Camera System. 2.3.3 County shall allow ATS to access power from existing power sources at no cost at power disconnect boxes for the controller cabinet nearest to each Camera System within County's jurisdiction. The power supply cable for the camera operation shall be wired by ATS to utilize a separate circuit breaker with the power disconnect enclosure. 2.3.4 Installation plans and drawings will be stamped by a Florida licensed civil engineer. 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. 2.3.5 County shall approve or reject ATS submitted plans within seven (7) business days of receipt. Confidential Page 17 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL 2.3.6 ATS and /or its subcontractor will be subject to attaining all County Right - of -Way permits necessary for building, construction, street use, lane closures, and /or pole attachment permits. 2.4 COLLIER COUNTY SHERIFF'S OFFICE 2.4.1 The Sheriff's Office shall execute the ATS DMV Subscriber Services Agreement (Schedule 2) to provide verification to the State Department of Motor Vehicles, National Law Enforcement Telecommunications System, or appropriate authority indicating that ATS is acting as an Agent of Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law. 2.4.2 The Sheriff shall process each potential violation in accordance with State Law and County Ordinances within three (3) business days of its appearance in the Law Enforcement Review Queue, using Axsis to determine which violations will be issued as Notices of Violation. 2.4.3 County and the Sheriff shall provide ATS with a form of Uniform Traffic Citation that complies with the provisions of Chapter 316 of the Florida Statutes, with the understanding that some modifications may be necessary to enable use with ATS's systems. 2.4.4 If an Owner who receives a Notice of Violation fails to pay the statutory penalty or submit an affidavit that complies with all requirements provided in Section 316.0083(1) (d) of the Florida Statutes within the time period provided in Section 316.0083(1) (b) of the Florida Statutes, the issuance of a Uniform Traffic Citation by or at the Sheriff's direction will automatically occur based on the prior Traffic Infraction Enforcement Officer approval of the Notice of Violation. 2.4.5 The Sheriff's Office shall provide ATS with instructions or specifications for the treatment of affidavits, with the understanding that some modifications may be necessary to ensure compatibility with ATS's processes. 2.4.6 Sheriffs Office workstation computer monitors for citation review and approval should provide a resolution of 1280 x 1024. 2.4.7 For optimal data throughput, Sheriff's Office workstations should be connected to a high -speed internet connection with bandwidth of T -1 or greater. Confidential Page 18 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL 2.4.8 County or the Sheriff shall provide signatures, on forms provided by ATS, of all authorized Sheriff personnel who will review events and approve Notices of Violation and Uniform Traffic Citations. 2.5 ADJUDICATION OPERATIONS 2.5.1 The Contractor and the Clerk of Court's Office shall respond to inbound phone calls and correspondence from defendants who have questions about disputes and other issues relating to Uniform Traffic Citation adjudication. The County may refer questions regarding the Contractor or its technology and processes to websites and /or toll free numbers provide by Contractor for that purpose. 2.5.2 Any potential, one time, direct costs (including ATS's costs) to ATS to develop an interface between the adjudication system will be paid by ATS. 2.6 PRICING ATS is to furnish a turnkey red light camera program including but not limited to providing the camera system installation, maintenance, and all on -going field and back -office operations consistent with this Agreement, based on the following: 2.6.1 Upon signing this Amendment, the Contractor shall pay the County $8,250.00 each month for the right to operate its red light camera running program, with the first payment due within 5 business days from execution of this Amendment, and with each subsequent payment due no later than the first of each and every month thereafter. Any payments received by the County that are owed to Contractor will be paid to Contractor subject to the terms of the Agreement and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." Exhibit B (Pricing) is hereby deleted in its entirety. Page 19 of 19 Collier County, FLATS Contract Amendment 2010.05.26 City of Collier County, FL /OH- 0 m J \o /o \ 2 0 & 3 i\ �.2 C\ { ) \ \ \k B } � = m m \ A; @ ; ) � 0 0 ) k w - / / m \ { / } } ( ] ; 7 ! § / 7 } } / ( C » e [ - N } \ �� fD _k m [ 0 _ =w ; » } ( ; x k } /\ ° ' `\ rD }$ | \§ } k (&-q EXECUTIVE SUMMARY Recommendation to approve Amendment No. 1 of Agreement 08 -5132 to American Traffic Solutions for provision of a Red Light Running Camera Enforcement System and extend the current contract on a month to month basis subject to termination by either party upon thirty days written notice. OBJECTIVE: To gain Board approval of staffs recommended Amendment No. 1 to Agreement 08 -5132 with American Traffic Solutions (ATS) to continue the Red Light Running Camera Enforcement System for signalized intersections maintained by Collier County on a month to month basis subject to termination by either party upon thirty days written notice, as well as, to obtain data for issuance of a new RFP once state standards are developed by December 31, 2010 CONSIDERATIONS: On February 10, 2009, Collier County entered into Agreement 08 -5132 with American Traffic Solutions to provide services for the implementation of the "Red Light Running Camera Enforcement System" as provided in the Collier County Intersection Safety Ordinance as amended. The Mark Wandall Traffic Safety Act was approved and signed into law by the Governor on May 13, 2010. Certain provisions within Agreement 08 -5132 are not in compliance with the Mark Wandall Traffic Safety Act. To bring Agreement 08 -5132 into compliance with state law, an amendment to the contract is needed. The Mark Wandall Traffic Safety Act allows the County to continue to use the traffic detector camera equipment that has been installed until July 1, 2011. After July 1, 2011, all equipment must be in compliance with specifications to be established by the Florida Department of Transportation (FDOT) by December 31, 2010. This amendment will allow the extension of the current contract and bring it in compliance with the new law that becomes effective July 1, 2010. The program now, excluding right turn on red, would continue and data would be developed to establish an RFP for solicitation by the end of the 2010 calendar year. The county would only seek to recoup its costs, estimated at $8,250.00 per month, and allow the vendor to operate and report on the program in preparation for the new RFP. FISCAL IMPACT: The amendment of the contract provides to the County a flat fee to cover its costs to administer the program, estimated at $8,250.00 per month. The remainder of funds will be distributed to the state and to the vendor consistent with Florida law. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action —SRT. GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the Amendment No. 1 of Agreement 08 -5132 to American Traffic Solutions, authorize the Chairman to execute the attached amendment, and authorize any necessary future budget amendments related to disbursement of funds collected through this project to the General Fund (001). Prepared By: Eugene Calvert, P.E., Principal Project Manager Attachment: Negotiated Amendment to Agreement 08 -5132 with American Traffic Solutions (ATS) EXECUTIVE SUMMARY Recommendation to approve Amendment No. 1 of Agreement 08 -5132 to American Traffic Solutions for provision of a Red Light Running Camera Enforcement System and extend the current contract on a month to month basis subject to termination by either party upon thirty days written notice. . OBJECTIVE: To gain Board approval of staff's recommended Amendment No. 1 of to Agreement 08 -5132 to with American Traffic Solutions (ATS) a_ pr-evision to continue the Red Light Running Camera Enforcement System for signalized intersections maintained by Collier County on a month to month basis subject to termination by either partv upon thirty days written notice, 44p- the-47� calendar- -ytw as well as, to obtain data for issuance of a new RFP once state standards are developed by December 31, 2010 CONSIDERATIONS: On February 10, 2009, Collier County entered into eentraet agreement Af,reemcnt 08 -5132 with American Traffic Solutions to provide services for the implementation of the "Red Light Running Camera Enforcement System" as provided in the Collier County Intersection Safety Ordinance as amended. The Mark Wandall Traffic Safety Act was approved and signed into law by the Governor on May 13, 2010. Certain provisions within Agreement 08- 5132 are not in compliance with the Mark Wandall Traffic Safety Act. To bring Agreement 08- 5132 into compliance with state law, an amendment to the contract is needed. The Mark Wandall Traffic Safety Act allows the County to continue to use the traffic detector camera equipment that has been installed until July 1, 2011. After July 1, 2011, all equipment must be in compliance with specifications to be established by the Florida Department of Transportation (FDOT) by December 31, 2010. This amendment will allow the extension of the current contract and bring it in compliance with the new law that becomes effective July 1, 2010; The program now, excluding right turn on red, would continue and- -- flatland data would be developed to establish an RFP for solicitation by the end of the 2010 calendar year. The county would only seek to recoup its costs, estimated at $8,250.00 per month, and allow the vendor to operate and report on the program in preparation for the new RFP. FISCAL IMPACT: The amendment of the contract provides to the County a flat fee to cover its costs to administer the program, estimated at $8,250.00 per month. The remainder of funds will be distributed to the state and to the vendor per consistent with Florida law. the new legislation. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action —SRT. GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. 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