HomeMy WebLinkAboutAmerican Traffic Solutions, LLC 2010 08 03 American
eir Traffic Solutions
AMENDMENT NO. 1 TO THE CITY OF WINTER SPRINGS SERVICES TWO PHASE
AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, LLC PERTAINING TO RED
LIGHT RUNNING CAMERA ENFORCEMENT SYSTEM
This Amendment No. 1 (the "Amendment ") to The City Of Winter Springs
Services Two Phase Agreement With American Traffic Solutions, LLC, Pertaining To
Red Light Running Camera Enforcement System dated as of October 21, 2008 (the
"Agreement ") is made and effective as of this 3` day of August, 2010 by and between
the City of Winter Springs, Florida, a municipal corporation (the "City ") and American
Traffic Solutions, LLC ( "ATS" or "Contractor").
Recitals
WHEREAS, on or about October 27, 2008, the City adopted Ordinance No.
2008 -27, codified Chapter 12, Article IV of the City's Code of Ordinances, which
provides for the enforcement of red light violations using traffic infraction detectors (the
"Ordinance "); and
WHEREAS, on or about October 21, 2008, the City and Contractor entered into
the Agreement, whereby the City and Contractor agreed to the provision by Contractor
of services to the City in connection with the enforcement of the Ordinance; 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 municipalities to use
traffic infraction detectors to enforce certain provisions of Chapter 316 of the Florida
Statutes, subject to certain requirements; and
WHEREAS, the City has amended Ordinance No. 2008 -27 and Chapter 12,
Article IV to provide for the use of traffic infraction detectors in accord with the
provisions of Law of Florida 2010 -80; and
WHEREAS, the City and Contractor wish to amend and modify the Agreement to
align the provision of services by Contractor 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, Contractor and City 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.
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2. Definitions. Except as otherwise specified herein, all capitalized terms
used in this Amendment shall have the meanings given to them in the Agreement. The
following definitions are added to the Agreement:
Notice of Violation — A written notice of a Violation that is issued by or on
behalf of City relating to a Violation pursuant to Section 316.0083 of the
Florida Statutes, as may be amended or recodified from time to time.
Traffic Infraction Enforcement Officer — An employee of City's police
department who meets the qualifications of Section 316.640(5)(a) of the
Florida Statutes, as may be amended or recodified from time to time.
Violation — A violation of Section 316.074(1) or 316.075(1)(c)1 of the
Florida Statutes, as may be amended or recodified from time to time.
Uniform Traffic Citation — A uniform traffic citation as described in
Section 316.650 of the Florida Statutes, as may be amended or recodified
from time to time.
3. Independent Contractor. Section 5(c) of the Agreement is deleted and
replaced as follows:
Except as specifically provided otherwise herein, it is agreed that nothing
herein contained is intended or should be construed as in any manner
creating or establishing a relationship of co- partners between the parties,
or as constituting the Contractor (including, but not limited to, its officers,
employees, and agents) the agent, representative, or employee of the City
for any purpose, or in any manner, whatsoever. Except as specifically
provided otherwise herein, the Contractor is to be and shall remain forever
an independent contractor with respect to all services performed under
this Agreement.
Section 32(h) of the Agreement is deleted and replaced as follows:
Except as specifically provided otherwise herein, the Contractor is an
independent contractor and not an agent, representative, or employee of
the City. The City shall have no liability except as specifically provided in
this Agreement.
4. Fees and Payment. Section 6 of the Agreement will now include
this wording as follows:
Flexible Payment Plan. During the term of the contract, payments by the
Customer may be made to ATS under a Flexible Payment Plan. Under
the Flexible Payment Plan, the Customer may defer certain payments to
ATS until the Customer has collected sufficient funds pursuant to the
terms of the contract. If, at the end of the term of the contract, sufficient
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funds have not been collected by the Customer to pay the balance then
due to ATS, ATS agrees to waive its right to recovery of any outstanding
balance. For purposes of this clause, the term "funds" means the revenue
retained by the Customer according to the distribution methods applicable
under this contract and applicable state law.
This clause will be applied as follows:
ATS will maintain an accounting of any net balances owed to ATS. If the
amount collected during a billing period exceeds the amount of ATS
invoices during the same period, the Customer shall pay ATS the total
amount due. If the amount collected during a billing period is less than the
amount of ATS invoices during the same period, the Customer shall pay
ATS the amount collected, and may defer payment of the remaining
balance. Payments due to ATS shall be reconciled by applying future
funds collected, first to the accrued balance, and then to the invoice for
the current billing period. At any time that ATS invoices, including any
accrued balance, are fully repaid, the Customer will retain all additional
funds collected during that billing period. Such additional funds (whether
reserved in cash or not by the Customer) will be available to offset future
ATS invoices.
5. Length of Agreement. Section 11(a) of the Agreement is
deleted and replaced as follows:
(a). The term of this Agreement is five (5) years commencing on the
date of full execution of this Agreement by the parties, however
notwithstanding any other provision in this Agreement to the contrary,
either party shall have the right to terminate the Agreement upon 30 days
written notice to the non - terminating party.
6. City Rights and Responsibilities. Section 14(a) of the Agreement is
amended as follows:
(a) City shall perform those obligations assigned to City on Exhibits A
and B to this Agreement. City shall also reasonably cooperate with
Contractor in a timely fashion at no cost to Contractor as set forth in this
section.
7. Termination of Agreement. Section 22(a) now includes the following
subsection:
(7) If in the City's opinion, the operation of the red Tight running camera
enforcement system becomes too uneconomical to continue the program.
8. Scope of Work. Exhibit A to the Agreement is deleted and replaced with
Exhibit A to this Amendment.
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9. Pricing and Rate Schedule. Exhibit B to the Agreement is deleted and
replaced with Exhibit B to this Amendment.
10. 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. In the event of a conflict between the terms of this Amendment and
the Agreement, the terms of this Amendment shall prevail and control.
11. 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.
12. 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.
13. Special Termination Provision and Commission Ratification of
Amendment. Notwithstanding any other termination provision (conflicting
or otherwise) under the Agreement, this provision shall prevail and apply.
ATS and the City recognize that the City Manager has been delegated the
authority by the City's City Commission to execute this Amendment
through the next City Commission meeting on August 9, 2010. Therefore,
upon execution of this Amendment by ATS and the City's City Manager,
this Amendment shall become effective only through the time that the City
Commission adjourns its August 9, 2010 City Commission meeting.
However, if the City Commission ratifies this Amendment by majority vote
at said meeting, the Agreement, as amended by this Amendment, shall
remain in effect under the terms and conditions stated herein. If the City
Commission, in its sole discretion, does not ratify the Amendment, this
Amendment and the Agreement shall hereby be deemed terminated,
except to the extent that the City and ATS shall settle all outstanding
notices of violation and citations issued pursuant to, and under the terms
of, the Agreement, as amended, through August 9, 2010. Upon such
settlement, ATS and City shall have no further obligations or rights under
the Agreement, as amended.
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
the day and year first written above.
CITY OF WINTER SPRINGS, FL
ATTEST:
By: i ■ I By: '7 3 i t a
ity D.te Ci anager Date
APPROVED AS TO FORM
By:
City Attorney Date
AMERICAN TRAFFIC SOLUTIONS, INC.
WITNESS:
By:
Date Adam E. Tuton Date
Chief Operating Officer
Date
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EXHIBIT A
DESCRIPTION /SCOPE OF SERVICES
I. FIRST PHASE OF SERVICES (Uncompensated):
This phase is now complete.
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).
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 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. The Contractor shall provide copies of sample reports.
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 five (5) moving lanes of traffic.
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
City;
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b) Location of violation;
c) Date (MM /DD/YYYY);
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 explain how the image and violation data is secured and
transmitted to the processing center.
The Contractor shall explain how the proposed system can compensate for the effects
of license plate covers.
The Contractor shall explain how the proposed system can compensate for the effects
of reflective material on license plates.
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.
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The Contractor shall include a camera system which 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 method (in- ground loops
will not be considered). 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).
Red Tight camera enclosures must be tamper proof and vandal proof.
Red Tight 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 five (5) lanes.
The Contractor shall monitor straight- through violations. The system shall be capable of
detecting and recording evidence of left and right turn violations, regardless of vehicle
speed (please reference program). The Contractor must explain how the system
captures illegal right- turn -on -red movements.
Violation Processing
There shall be no requirement to install Contractor processing software on City owned
or maintained information technology or computing systems.
The violation processing system shall allow the City a detailed view into all of the
information related to the program.
All access 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 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) 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;
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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;
i) Ability to "accept" or "reject" violation sets and record rejection
reasons;
j) Ability to generate printed warning letters (during the first 30 days of
the program at the City's discretion);
k) Ability to automatically generate printed violation notices;
I) Ability to store and archive all processed violation evidence into a
secured database;
m) 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;
n) 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;
o) 24 hours a day/ 7 days week ability to immediately request, view
and print both standard and user - defined reports;
p) Secured Access Control and automatically generated electronic
audit trails;
q) Encryption and decryption management;
r) The system shall be capable of preparing and mailing one notice
letter for all chargeable violations to vehicle owners. All violations
for which registered owner data is available shall be issued within
seven (7) business days after police review of the incident.
Within seven (7) business days of execution of Amendment No. 1 to the Agreement,
City shall provide Contractor with the names, contact information, and electronic
signatures of all Traffic Infraction Enforcement Officers authorized by City's police or
sheriffs department to approve and issue Notices of Violation and Uniform Traffic
Citations
Within seven (7) business days of execution of Amendment No. 1 to the Agreement,
City 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.
Within seven (7) business days of execution of Amendment No. 1 to the Agreement,
City 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 act as Customer's agent for the limited purpose of making an initial
determination of whether recorded images of potential violations should be forward to
City's Traffic Infraction Enforcement Officers to determine whether a Violation has
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occurred and shall not forward for processing those recorded images that clearly fail to
establish the occurrence of a Violation.
City's Traffic Infraction Enforcement Officers shall process each potential violation in
accordance with State Law and City ordinance within five (5) business days of its
appearance in the Law Enforcement Review Queue, using the violation reporting
system to determine which potential violations will be issued as Notices of Violation 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 issuance of a Uniform Traffic Citation will
automatically occur based on the prior Traffic Infraction Enforcement Office approval of
the Notice of Violation.
City shall provide Contractor with instructions or specifications for the treatment of
affidavits, with the understanding that some modifications may be necessary to ensure
compatibility with Contractor's processes.
City 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 City facility or by appointment with the Uniform Traffic Citation
manager.
City shall provide a magistrate, judge, hearing officer or other similar official as may be
required together with adjudication facilities, all for the purpose of scheduling and
hearing disputed Uniform Traffic Citations.
Any potential, one time, direct costs (including Contractor's costs) to develop a
computer or other interface between Contractor and the adjudication system will initially
be paid by Contractor and will be reimbursed to Contractor by City.
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;
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b) Count of violations where notices not prepared;
c) Notices prepared and mailed; and
d) Status of notices issued (outstanding, canceled, reissued and so
forth).
The processing system shall also supply reports of:
a) Camera equipment hours of service and hours lost; and
b) Number and description of camera or other equipment
malfunctions.
The processing system shall provide violation and traffic statistics as follows:
a) Real -time traffic volume and vehicle counts; and
b) Real -time violation graphs and chart by:
I) individual lane;
11) time of day; and
III) day of week.
The contractor shall provide a monthly report that includes the following:
a) The number of events detected, notices /violations issued and
prosecutable image rate by location and in total;
b) The total number of violations that occurred and percentage of total
vehicle traffic by lane; and the total number of percentage of
rejected images by reason.
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 for no Tess than
one hundred and eighty (180) days after final disposition.
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 City
and court functions.
The Contractor shall provide a qualified expert witness who is knowledgeable on the
theory, operation and functional capabilities of the red Tight camera unit.
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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 City.
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 City.
The Contractor shall provide hands -on training as necessary to personnel as required
by the City.
The Contractor shall provide training materials.
Operations and Public Awareness
The Contractor shall describe the Project Management Approach and how it will ensure
a successful project for the City.
The Contractor shall provide assistance with the content and design of a public
education program and associated materials to be funded by the City.
The Contractor shall support the City by training staff on how to present the Contractor's
systems at public seminars or presentations. The Contractor will provide staff for public
forums as necessary.
Contractor shall provide a project manager for the project as the single point of contact
to the City.
Contractor shall provide intersection design and installation plans for review and
approval by the City 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 City
personnel)
Contractor will prepare one notice letter for all chargeable violations and will mail notice
letters via first class mail to vehicle owners. The Contractor shall include a return
envelope for payments.
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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 shall include recorded images required by Florida Statute § 316.0083, as may
be amended or recodified from time to time.
Contractor shall provide a means for the fines to be paid on -line by credit or debit card.
Contractor shall provide a means for the fines to be paid by phone using a credit or
debit card.
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♦ ' . .
EXHIBIT B
SERVICE FEE SCHEDULE
1.0 Description of Pricing Fee
Fees are based on per Camera and are as follows:
Flat Fee per Camera per Month, plus certified mail processing surcharge of $4 $4,750
per piece metered for mailing Uniform Traffic Citations (no return receipt):
Service Fees Include: Fee includes all costs required and associated with camera system
installation, maintenance and on -going field and back -office operations. Includes red -light
camera equipment for a 4 -lane approach with up to two (2) signal phases, installation,
maintenance, violation processing services, DMV records access, mailing of Notice of Violation
in color with return envelope, lockbox and epayment processing services, call center support
for general program questions and public awareness program support.
2.0 Optional Collection Services: ATS will initiate collection efforts of delinquent notices upon
written request by Customer. ATS will be entitled to receive portions of the collected revenue
as noted below. The maximum is 30% total for both pre - collection and collection. For those
accounts in default that go to collection, this is in addition to our Fees noted above.
Pre - Collection Letters 10% of Recovered Revenue
Delinquent Collections Services 30% of Recovered Revenue
3.0 Optional Annual Training Conference: ATS provides a comprehensive user training
conference for active photo traffic safety and enforcement clients. The conference's main focus
is Training of the system. Core elements include training on implementation methods and
improvements, operational monitoring and improvements, statistical analysis, public relations
and technology assessment. The sessions include participation by industry members, industry
speakers and panel discussions. The Annual User Conference will be held in Phoenix Metro
area. Customer shall be invoiced $100 per month per attendee and can assign up to three (3)
project team members to attend the Conference each year. The $1,200 fee per attendee will
cover travel, accommodations and all related Conference fees.
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