In August of 2009, the Board of County Commissioners entered into a three year agreement with ACS State and Local Solutions, Inc., to provide the automated Red Light Running Enforcement Program for Manatee County.  The agreement provides for an Automated Red Light Enforcement System and Services to enhance traffic signal violation enforcement in Manatee County.

The Contractor is responsible for a turn-key digital automated red light enforcement system which includes installation of systems, complete processing of notices and citations and related services for up to ten intersection approaches.

Cameras for data collection were installed at two intersections (three approaches, with a fourth approach partially completed) located at:

•    34th Street West and 53rd Avenue.
•    15th Street East and 57th Avenue

The Florida Legislature enacted Chapter 2010-80, Laws of Florida, effective July 1, 2010, which preempted County ordinance and established uniform state requirements and procedure for operation of red light cameras requiring a new agreement be developed.  Significant changes from the new law included:

• Enforcement of County ordinance is prohibited.
• Penalty of $158.00 is imposed for violation of Florida Statutes.
• County is required to remit $83.00 from each penalty to State of Florida.
• Traffic infraction enforcement officers employed by Sheriff's Office are required to issue traffic citations.  County will remit to the Sheriff's Office an annual payment of $66,018.31 pursuant to the Interlocal Agreement for the provision of deputy sheriffs.
• Violators are required to contest citations in County Court.
• Payment of per-ticket fee or compensation to vendor based on number of violations or number of citation is prohibited.

As a result of the legislative change Manatee County began negotiation for an amendment to the agreement.  The revised method of payment proposed by ACS State and Local Solutions, Inc., is based on a fixed fee per month per approach.  Additionally, an Interlocal Agreement is required to review and issue citation and the scope of responsibility for the Clerk of Circuit Court has been expanded due to the program change.

Staff briefed the Board of County Commissioners at a work session on March 22, 2011, that the State Legislature is currently reviewing the possible repeal of the State Program.  It was determined that until such review has been completed, the County and vendor will not make any new equipment investments and the County would not implement the program at this time.

During this period (April 2011 - November 2011) discussions continued between the parties, items discussed included termination, possible contract claim and a totally revised contractual agreement.

Staff was directed by the Board of County Commissioners in December of 2011 to discontinue negotiations with ACS State and Local Solutions, Inc., until after the conclusion of the 2012 legislative session.  Once the session ended, negotiations were initiated to bring forward the amended and restated agreement of the Automated Red Light Enforcement System and Services Agreement.

Since the original agreement, ACS State and Local Solutions, Inc., changed its name to Xerox Corporation and became Xerox State & Local Solutions, Inc., to reflect their parent company's branding.

Highlighted financial terms of the amended and restated agreement for the Automated Red Light Enforcement System and Services Agreement include: 

• Xerox agrees the County shall pay the monthly fixed fees as stated in Attachment B of the Agreement from the revenues received in a given month after payments of all amounts due to the Florida Department of Revenue (DOR) and Sheriff's Office.
• If total revenues received in a given month do not exceed total fees due to Xerox in such month (after DOR and Sheriff's Office), the deficit or balance due to Xerox shall carry forward and be included on the next months invoice.
• Any deficit or balance due to Xerox shall continue to accrue each month during the fiscal year.
• When the revenues exceed the fees due to Xerox (after DOR and Sheriff's Office), the excess revenues will apply to any cumulative deficit or balance due to Xerox before any amounts are retained by the County until the shortfall deficits or balances due for the fiscal year are paid in full.  Effective September 30, 2012, any accrued deficit or balance due shall expire and return to 0.00 at the end of each fiscal year and shall not be carried forward to the next fiscal year.
• If a deficit or balance due to Xerox exists during any fiscal year end, Xerox waives rights to collect such deficit or balance due for any Fiscal Year ending September 30 during the term of the Agreement. 
• The County agrees to pay Xerox $30,000 as compensation for prior expenses incurred.

Mr. William Clague assisted in the drafting of the amended and restated agreement for the Automated Red Light Enforcement System and Services Agreement.

Original to Board Records.  Original to Xerox State & Local Solutions, Inc., Attn: Allen Shutt, Vice President of Operations, 12410 Milestone Center Drive, Fourth Floor, Germantown, MD 20876.  PDF copy to Melissa Wendel, Purchasing Official, Purchasing Division.