Loading...
HomeMy WebLinkAboutItem #11b. Amendment No.1 to agreement with ATS, LLC Pertaining to the Red Light Camera Enforcement System center of GoOd L . a..~~.~......"~ OCO.EE AGENDA ITEM COVER SHEET Meeting Date: June 16,2010 Item # -LJ h Contact Name: Contact Number: Chief Charles J. Brown 407 -905-3160 ext. 3022 Reviewed By: Department Director: Chief C City Manager: Robert Frank Subject: Amendment No. 1 to Agreement with American Traffic Solutions, LL the red light camera enforcement system. Background Summary: The City entered into an Agreement with ATS in December 2008. The Mark Wandall Traffic Safety Act prohibited a local government from including certain provisions in these types of agreements. The Amendment will bring the Agreement into conformity with the Act. Issue: Should the Honorable Mayor and Board of City Commissioners approve the City of Ocoee amending the contract with American Traffic Solutions and continue to enforce Red-Light violation according to the regulations of the Mark Wandall Traffic Safety Act? Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners approve the City of Ocoee amending the contract with American Traffic Solutions and continue to enforce Red-Light violation according to the regulations of the Mark Wandall Traffic Safety Act. Attachments: Mark Wandall Traffic Safety Act Amendment of contract with American Traffic Solutions, LLC Forthcoming Financial Impact: None Type of Item: (please mark with an "x'J _ Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution _ Commission Approval Discussion & Direction For Clerk's Deat Use: _____ Consent Agenda _____ Public Hearing _____ Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A City Manager Robert Frank Commissioners Gary Hood. District 1 Rosemary Wilsen. District 2 Rusty Johnson. District 3 Joel Keller. District 4 Mayor S. Scott Vandergrift STAFF REPORT FROM: The Honorable Mayor and City Commissioners Charles f;fj)wn, Chief of Police June 15,WO TO: DATE: RE: Resolution implementing the Mark Wandall Traffic Safety Act (the State "Red Light" Statute) and authorizing traffic infraction enforcement officers to issue traffic citation based upon the use of traffic infraction detectors. ISSUE Should the Honorable Mayor and Board of City Commissioners that the City of Ocoee continues the Ocoee Traffic Safety Program according to the Mark Wandall Traffic Safety Act and authorize the traffic infraction enforcement officers to issue traffic citations based upon the use of the traffic infraction detectors. BACKGROUNDIDISCUSSION The regulation of cameras for enforcing red light violations is expressly exempted to the state as of July 1, 2010. CS/CS/HB 325 establishes a uniform statewide framework for the use of traffic infraction detectors. This Resolution provides for the implementation of this program in the City of Ocoee. 1 : FOLEY -L-\evY\ \ l b _ ~u O? ~m.eX'--\- O-X\C\ a,~,d ~Or\ih cd- FOLEY & LARDNER LLP ATTORNEYS AT LAW AGENDA ITEM COVER SHEET Meeting Date: June 15, 2010 Item # 11.b Reviewed By: Contact Name: Contact Number: Paul E. Rosenthal, City Attorney 407 -423-7656 Department Director: Chief Charles J. Brown City Manager: Robert Frank Background Summary: In connection with the implementation of the red light camera program, the City has previously entered into an Agreement with American Traffic Solutions, LLC, dated December 2, 2008. Due to the adoption of Chapter 2010-80, Laws of Florida, it is necessary to amend the Agreement with A TS in order to conform to legislative requirements. These amendments need to be in place on July 1, 2010 when Chapter 2010-80 becomes effective. Attached hereto is a draft Amendment No. 1 provided by ATS. The City staff and ATS are still in the process of finalizing the Amendment in order to assure compliance with the new law. Further revisions are expected to the draft included with this staff report. Issue: Should the Honorable Mayor and City Commissioners approve the proposed Amendment No. 1 to the Agreement with American Traffic Solutions, LLC pertaining to the red light camera enforcement system, along with such further changes and revisions thereto as may be agreed to by the City Manager and City Attorney? Recommendations It is recommended that the Honorable Mayor and City Commissioners approve the proposed Amendment NO.1 to the Agreement with American Traffic Solutions, LLC pertaining to the red light camera enforcement system, along with such further changes and revisions thereto as may be agreed to by the City Manager and City Attorney and authorize execution thereof by the Mayor and City Clerk, with funding for the costs associated with the Amendment coming from penalties A_1564699.1 collected and retained by the City for violations under the Mark Wandall Traffic Safety Act. The City Manager, Finance Director and Chief of Police concur with this recommendation. Attachments: Draft of Amendment NO.1. Financial Impact: None expected: The City will incur out of pocket costs, including monthly payments to ATS. It is anticipated that these costs will be covered by penalties collected and retained by the City for violations under the Mark Wandall Traffic Safety Act. Type of Item: D Public Hearing D Ordinance First Reading D Ordinance First Reading D Resolution xxD Commission Approval D Discussion & Direction For Clerk's Deot Use: D Consent Agenda D Public Hearing xxD Regular Agenda o Original Document/Contract Attached for Execution by City Clerk xD Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by () Paul Rosenthal Wanda Horton Charles Brown D N/A D N/A D N/A A_1564699.1 .I+0v"l I ( b :FOLEY FOLEY & LARDNER LLP ATTORNEYS AT LAW MEMORANDUM CLIENT. MATTER NUMBER 020377,_ TO: The Honorable Mayor and City Commissioners FROM: Paul E. Rosenthal, Esq., City Attorney DATE: June 15,2010 RE: Amendment No. 1 to Agreement with American Traffic Solutions, LLC pertaining to the red light camera enforcement system Staff Report ISSUE Should the Honorable Mayor and City Commissioners approve the proposed Amendment No. 1 to the Agreement with American Traffic Solutions, LLC pertaining to the red light camera enforcement system, along with such further changes and revisions thereto as may be agreed to by the City Manager and City Attorney? BACKGROUNDIDISCUSSION In connection with the implementation of the red light camera program, the City has previously entered into an Agreement with American Traffic Solutions, LLC, dated December 2, 2008. Due to the adoption of Chapter 2010-80, Laws of Florida, it is necessary to amend the Agreement with A TS in order to conform to legislative requirements. The existing Agreement with A TS will remain in place with respect to red light infractions in violation ofOcoee's Traffic Light Safety Article which occur prior to June 30, 2010. The proposed Amendment will be applicable to violations of the Mark Wandall Traffic Safety Act which occur after June 30, 2010. Currently, the City pays A TS $40 per citation collected by the City for red light infractions, with the City retaining the balance of the fines. Their payment is based on the number of citations issued and collected. Under the Mark Wandall Traffic Safety Act, A TS is prohibited from receiving a commission or per-ticket fee from any revenue collection from violations through the use of a traffic infraction detector. As a result, the City will pay A TS on a monthly basis based on a flat fee per camera per month. Staff intends to select "Option 1" which call for a flat fee of $4,750 per camera per month, plus certified mailing costs. A_1564699.1 Other changes to the A TS Agreement are more administrative in nature in order to bring the Agreement into conformity with the requirements of the A TS. These changes are still being worked out between the City staff and ATS. A_1564699.1 ~. =:;lutlOnS ~~-~~~------------- AMENDMENT NO.1 TO THE CITY OF OCOEE 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 Ocoee Services Two Phase Agreement With American Traffic Solutions, LLC, Pertaining To Red Light Running Camera Enforcement System dated as of December 2, 2008 (the "Agreement") is made and effective as of this _ day of , 2010 by and between the City of Ocoee, Florida, a municipal corporation (the "City") and American Traffic Solutions, LLC, a Delaware limited liability company ("ATS" or "Contractor"). Recitals WHEREAS, on or about December 12, 2008, the City adopted Ordinance 2008- 022, codified at Chapter 168, Vehicles and Traffic, Article III, Traffic Light Safety, 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 December 2, 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 the Ordinance 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. f68' [as: G'ay Road' Sco!tsdaie Ar.zona 8!J:?60 . TEl.. 480.443.:000 . FAX. 4aQ~9ti..1~"J: www.atSQ'.ccn" . vyv/w,RedLlghtCame-f.3.com . wvyw.Pla1ePass.coIT" 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 or sheriff's 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(a) 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. 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. Confidential Page 2 of 13 Ocoee, FL_ATS Contract AmendmenC201 0.06.05 City of Ocoee, FL 5. Scope of Work. Exhibit A to the Agreement is deleted and replaced with Exhibit A to this Amendment. 6. Pricing and Rate Schedule. Exhibit B to the Agreement is deleted and replaced with Exhibit B to this Amendment. 7. 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. 8. 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. 9. 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. [This space intentionally left blank.] Confidential Page 3 of 13 Ocoee. FL_ATS Contract AmendmenC2010.06.05 City of Ocoee. FL IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF OCOEE. FLORIDA ATTEST: By: By: City Clerk Date City Manager Date APPROVED AS TO FORM By: City Attorney Date AMERICAN TRAFFIC SOLUTIONS. INC. WITNESS: By: Date Adam E. Tuton Chief Operating Officer Date Date Confidential Page 4 of 13 Ocoee. FL_ATS Contract AmendmenC2010.06.05 City of Ocoee. FL EXHIBIT A DESCRIPTION/SCOPE OF SERVICES I. FIRST PHASE OF SERVICES (Uncomoensatedl: This phase is now complete. II. SECOND PHASE OF SERVICES (Comoensatedl: Red Liaht Camera System The Contractor shall provide and install all equipment including, but not limited to, poles, cabinets and related operational equipment at the selected intersection(s). All systems must be non-intrusive to roadway or transoortation signal cabinetry. 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 equipment shall provide a reliable non-intrusive, non- physical connection to the red phase signal. 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 Confidential Page 5 of 13 Ocoee. FL_ATS Contract AmendmenC2010.06.05 City of Ocoee. FL 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; b) Location of violation; c) Date (MM/ODIYYYY); 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 I D; 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. Confidential Page 6 of 13 Ocoee, FL_A TS Contract Amendment_201 0.06.05 City of Ocoee, FL 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. 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 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 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 Processina 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 dayn 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; Confidential Page 7 of 13 Ocoee. FL_A TS Contract AmendmenC201 0.06.05 City of Ocoee. FL 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; 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 dayn days a week ability to access any stored violation image from the system's database subject to agreed archive rules; n) 24 hours a dayn 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; 0) 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, issuing and mailing a second notice for any violations that remain unpaid as their due date. 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 sheriff's 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. Confidential Page 8 of 13 Ocoee. FL_ATS Contract AmendmenC2010.06.05 City of Ocoee, FL 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 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.comfreeofcharge.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 Analvsis and ReDortina 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; Confidential Page 9 of 13 Ocoee. FL_ATS Contract AmendmenC2010.06.05 City of Ocoee. FL b) Results achieved by each camera by site; c) Offenses recorded by site; and d) Traffic counts by lane, date and hour. The processing system shall be capable of immediately generating operations reports 24 hours a day/? days a week including: a) Number of violations recorded; b) Count of violations where notices not prepared; c) Notices prepared and mailed; and d) Status of notices issued (outstanding, canceled, reissued and so forth). The processing system shall also supply reports of: a) Camera equipment hours of service and hours lost; and b) Number and description of camera or other equipment malfunctions. The processing system shall provide violation and traffic statistics as follows: a) Real-time traffic volume and vehicle counts; and b) Real-time violation graphs and chart by: I) individual lane; II) time of day; and III) day of week. The contractor shall provide a monthly report that includes the following: 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. Imaae Transmission Security and Data Storaae The system shall provide for image and data security that shall prevent unauthorized persons from accessing the camera images and databases and tampering with images. The Contractor shall store all enforceable images produced by cameras for no less 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 Confidential Page 10 of 13 Ocoee, FL_ATS Contract AmendmenC201 0.06.05 City of Ocoee, FL 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 light camera unit. Maintenance. SUDDort and Trainina All maintenance of camera, video, sensors, computer and related equipment shall be the responsibility of the Contractor. The Contractor shall repair or replace any inoperable equipment within seventy-two (72) hours of detection by the Contractor or notification by the 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. ODerations 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. Confidential Page 11 of 13 Ocoee, FL_ATS Contract AmendmenC2010.06.05 City of Ocoee, FL 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. 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. Confidential Page 12 of 13 Ocoee, FL_ATS Contract AmendmenC2010.06.05 City of Ocoee, FL EXHIBIT B SERVICE FEE SCHEDULE 1.0 Description of Pricing Fees are based on per Camera and are as follows: ODtion 1: Flat Fee per Camera per Month, plus certified mail processing surcharge of $4 per piece metered (no return receipt): ODtion 2: Lane based pricing, plus certified mail processing surcharge of $4 per piece metered (no return receipt): . For 1 or 2 lanes . For 3 or 4 lanes . For 5 or 6 lanes ODtlon 3: Base Fee Per Camera Per Month, plus flat fee per service unit for individual work elements. . For violation data transmission, first review, second quality review service, supervisory review, Traffic Infraction Enforcement Officer (TIEO) access and review portal Data acquisition fee per registered owner match Mail printing, processing, and handling service includes Notice of Violation (NOV) by first class mail and UTC by certified mail including bad address processing and remailing. Inbound call/customer service Affidavit processing service Payment processing service Data archival service . . . . . . Fee $4,750 $3,750 $4,750 $5,750 $2,750 $6.50 $3.50 $7.50 $4.50 $4.50 $1.50 $1.50 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 (except for Option 2) 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. Note: Customer will notify ATS which Pricing Fee Option to utilize within 30 days of Amendment being executed by both parties. 2.0 Collection Services: ATS will initiate collection efforts of delinquent notices upon written request by Customer. ATS will be entitled to receive portions ofthe 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 Delinquent Collections Services 10% of Recovered Revenue 30% of Recovered Revenue 3.0 ODtional Annual Trainina 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. Pricing valid through June 30, 2010. Confidential Page 13 of 13 Ocoee, FL_ATS Contract AmendmenC2010.06.05 City of Ocoee, FL