Backup Documents 02/10/2009 Item #16B 5
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MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
DATE: February 10, 2009
RE: Review of Insurance for Contract: #08-5132 "Red Light Running
Camera Enforcement System"
Contractor: American Traffic Solutions (ATS)
This Contract was approved by the BCC on February 10, 2009; Agenda Item
16.B.5
Please review the Insurance Certificates for the above referenced contract. If
you have any questions, please contact me at extension 8941.
Thank you.
C: Bob Tipton, Traffic Ops.
DATE RECEIVED
FEB 1 0 2009
RISK MANAGEMENT
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MEMORANDUM
Date:
February 23,2009
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5132: Red Light Running Camera
Enforcement System
Contractor: American Traffic Solutions (A TS)
Enclosed is one original contract, referenced above (Agenda Item
#1685), approved by the Board of County Commissioners on Tuesday,
February 10, 2009.
The second contract will be kept in the Minutes and Records Department
as part of the Board's permanent records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosure (I)
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A G R E E MEN T 08-5132
for
Red Light Running Camera Enforcement System
THIS AGREEMENT, made and entered into on this /cf^day of t"-0rCl<:\.,r~ . 2009, by
and between American Traffic Solutions (ATS), authorized to do business n the State of
Arizona, whose business address is 7681 East Gray Road, Scottsdale, Arizona 85260,
hereinafter called the "Contractor" and Collier County, a political subdivision of the State of
Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
I, COMMENCEMENT. The Conh'actor shall commence the work after receipt of a
Notice to Proceed.
The contract shall be for a thirty six (36) month period, commencing on the date of the
issuance of a Notice to Proceed,
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods, The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect. In no event, including renewal options,
shall the contract exceed five (5) years.
2, STATEMENT OF WORK. The Contractor shall provide a Red-light Camera
Enforcement System in accordance with the terms and conditions of RFP #08-5132 and
the Scope of Work referred to herein as Exhibit A and made an integral part of this
agreement. This Agreement contains the entire understanding between the parties and
any modifications to this Agreement shall be mutually agreed upon in writing by the
Contractor and the County project manager or his designee, in compliance with the
County Purchasing Policy and Adminish'ative Procedures in effect at the time such
services are authorized.
3. COMPENSATION. The County shall pay the Conh'actor for this turnkey red light
camera rmming program based on a tiered fee per paid citation as outlined in Exhibit B.
Payment will be made upon receipt of a proper invoice and upon approval by the
Project Manager or his designee, and in compliance with Section 218.70, Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act".
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4. SALES TAX. Contractor shalI pay alI sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Contractor shalI be deemed duly served
if mailed or faxed to the Conh'actor at the folIowing Address:
American Traffic Solutions
7681 East Gray Road
Scottsdale, Arizona 85260
Telephone: 480/442-7000
Fax: 480/607-0901
Attention: Greg Parks, Vice President
AlI Notices from the Conh'actor to the County shalI be deemed duly served if mailed or
faxed to the County to:
Collier County GoverlUTlent Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve CamelI, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing,
6, NO PARTNERSHIP, Nothing herein contained shall create or be consh'ued as creating
a partnership between the County and the Conh'actor or to constitute the Conh"actor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., alI permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessaq for the prosecution of the Work shall be procured
and paid for by the Conh'actor. The Conh'actor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. GoverlUTlent now in force or hereafter adopted. The Conh'actor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8, NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
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purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any goverrunental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Conh-actor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
10. NO DISCRIMINATION. The Conh-actor agrees that there shall be no disClimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. TI1.is shall include Premises and Operations; Independent
Conh-actors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Lilnit for Bodily Injury Liability and Property
Damage Liability. TI1.is shall include: Owned Vehicles, Hired and Non-Owned
Vel1.icles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy_
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Conh'actor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
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There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Conh'actor shall insure that all subconh'actors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION, To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall inderrmify and hold harmless Collier County, its
officers and employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the
Conh'actor/Vendor/Consultant in the performance of this Agreement. This
indemnification obligation shall not be consh'ued to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. Tllis Agreement shall be administered on behalf
of the County by the Traffic Operations Deparhnent.
14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Conh'act consists of the attached
component parts, all of wllich are as fully a part of the conh'act as if herein set out
verbatim: Conh'actor's Proposal, Insurance Certificate, RFP #08-5132 Red Light
Running Camera Enforcement System, Exhibit" A" Scope of Services, Exhibit "BOO
Pricing and tlu'ee (3) Addenda,
16, SUBJECT TO APPROPRIATION. It is further understood and agreed by and
between the parties herein that this agreement is subject to appropriation by the Board
of County Commissioners,
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112,
Part III, Flodda Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Adminish'ative Procedure 5311. Violation of tllis provision may result in one or more
of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the finn from contact with County staff for a specified period of time; b.
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Prohibition by the individual and! or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and! or
quotes; and, c. immediate termination of any conh'act held by the individual and! or
firm for cause.
18. IMMIGRATION LAW COMPLIANCE, By executing and entering into this
agreement, the Conh'actor is fonnally acknowledging without exception or stipulation
that it is fully responsible for complying with the provisions of the Immigration Reform
and Conh'ol Act of 1986 as located at 8 D.S.C. 1324, et seq. and regulations relating
thereto, as either may be amended. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have
the discretion to unilaterally terminate this agreement immediately.
19. VENUE, Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful Contractor.
21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
22. ADDITIONAL ITEMS/SERVICES. Additional items and! or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
23, DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Conti'actor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute tlu-ough Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Conti'actor with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
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-_.-------~..._-'"'-- -~~_..._~-~----_.
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-
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
24. KEY PERSONNEL/PROTECT STAFFING. The Conti.actor's persOlmel and
management to be utilized for tlus project shall be knowledgeable in their areas of
expertise. The County reserves the right to perform investigations as may be deemed
necessary to insure that competent persons will be utilized in the performance of the
contract. Selected firm shall assign as many people as necessary to complete the project
on a timely basis, and each person assigned shall be available for an amount of time
adequate to meet the dates set forth in the Project Schedule. Finn shall not change Key
Personnel unless the following conditions are met: (1) Proposed replacements have
substantially the same or better qualifications and! or experience. (2) That the County is
notified in writing as far in advance as possible. Firm shall make commercially
reasonable efforts to notify Collier County within seven (7) days of the change. The
County retains final approval of proposed replacement personnel.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST;. . .
Dwigh'tE. Brocl<, Clerk of Courts
By::. f ~J:tj\l, L it'./
Dat~~~~Wr.V'lJOI2MJ
Attat . ...,~ ,a..'tr... ,
.f...... ..,..
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By If~c~~
American Traffic Solutions
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ITy~ print witness namel
Conh'actor
A
By:
Signature
AOAm € r()T~t-l / €VP-C.O"o
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Typed signature and title
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ITypej print witness namel
Approved as to form and
legal sufficiency:
~ft If I~
Assistant County Attorney
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Print Name
Page 7 of 22
16B 5
EXHIBIT A
DESCRIPTION/SCOPE OF SERVICES
for 08-5132 Red Light Camera Enforcement System
1. FIRST PHASE OF SERVICES (Uncompensated):
The Contractor shall provide consulting services regarding the recOlmnended
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 Sheriff's Office. The report of
recommended locations shall be submitted in a report giving the locations and the
criteria and rationale for their selection.
Prior to implementation and twelve (12) months after implementation of the enforcement
equipment the Contractor shall perform an engineering study denoting, by approach for a
twelve (12) month period, the average violation rate, intersection crash rate, and
documenting any rise or decline in the 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 h'affic safety
management services. The successful Conh'actor will deploy h'affic safety camera equipment
at designated arterial intersections, covering one to four (4) approaches at each intersection.
At the selected approaches, up to six (6) lanes will require traffic safety camera enforcement,
including any turn lanes, The Conh'actor's services shall include all hardware, software,
installation, maintenance, operation, and all back-office processing of violations.
All sllstems ml/st be 1101l-illtrusive to the tmffic sismal cabil/etrl/ (l/O access to the sivlal
cOl/frolle,' cabillet will be Vel1nitted),
II, SECOND PHASE OF SERVICES (Compensated):
Red Light Camera System
111e Conh'actor 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
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Traffic Operations Department upon request. All sl/stems must be nOII-illtrusive to the traffic
sifllal cabillet - and access to the sifltal controller cabinet will not be l1el71litted,
. The Conh'actor's shall disclose whether the system, at any time, photographs an image
of the driver of the vehicle.
. The Conh'actor 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 Conh'actor shall provide equipment that is capable of gatheting h'affic 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 Conh'actor shall provide equipment to provide a reliable non-inh'usive, non-
physical connection to the red phase signal.
. The Conh'actor shall provide a system which must provide at least tlu'ee (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 sh'ike 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 conh'actor will use a
video system that will capture a short duration video of the violation,
· The Conh'actor 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. TIle 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);
d) Time of the violation in 24 hour clock including hours, minutes and seconds;
e) Elapsed time between images;
f) Direction of h'avel;
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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 h"avel;
i) Camera lD; 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.
. TIle Contractor shall include a camera system that shall perform a self-test on set-up;
simulate a violation being recorded for testing; conununicate error messages; record
date and time of system shutdown in the event of a malfunction.
. The Conti"actor 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 allli/or concurrent violations occurring during
any red signal phase.
The Conh"actor 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 stored for a
minimum of four (4) days.
. The Contractor shall include a camera system that which includes component
operations which are synclu"onized 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).
. Red light camera enclosures must be tamper proof and vandal proof.
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...
. 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 Conh'actor shall explain typical maintenance procedures.
. The Contractor shall state installation and consh'uction times for a generic intersection.
. The system shall be able to simultaneously monitor h'affic 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 and right turn viola tions, regardless of
vehicle speed (please reference program). The Conh'actor's Proposal must explain how
the system captures illegal right-turn-on-red movements.
Violation Processin!<
There shall be no requirement to install Contractor processing software on County owned or
maintained information teclmology or computing systems. The violation processing system
shall allow the County a detailed view into all of the information related to the program. The
County's IT Deparhnent will not allow software installation on County owned or maintained
equipment - the vendor will need to supply a stand- alone PC/laptop with installed software
with the red light enforcement system's viewing capabilities.
All access (via a secure internet portal) to the violation processing system for the purpose of
preprocessing evidence, police authorization, notice printing, payments h'acking, and
generation of court evidence packages shall be Internet enabled and shall be available 24
hours a day /7 days a week for authorized users.
The violation processing system shall provide the following functions:
a) 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
platc 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 !D, and
subsequently print the cropped plate area image to the notice;
i) Ability to "accept" or "reject" violation sets and record rejection reasons;
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j) Ability to generate printed warning letters (during the first 60 days of the
program at the County'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) ability to access any stored violation image 24 hours a day /7 days a
week from the system's database subject to agreed archive rules;
n) ability to request and immediately view Court Evidence Package image
sequences displayed as video 24 hours a day /7 days a week or as
individual high resolution still shots, or send images to print locally;
0) ability to inunediately request, view and print both standard and user-
defined reports 24 hours a day / 7 days week;
p) Secured Access Conh'ol and automatically generated electronic audit
trails;
q) Encryption and decryption management;
1') 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.
Citation Processin~
a) The Contractor will be required to accurately capture and store images. establish a
chain of custody for the image medium, and process and issue citations for red
light violations in accordance with the ordinance,
b) The Conh'actor will have the capability to generate clear, easily identifiable images
for the citation/violations. allowing an unbiased individual to determine fault
(including extenuating circumstances).
c) Software to process, issue and h'ack citations and payments will be installed and
fully operational.
d) COlmections must be established to the Florida Deparhnent of Motor Vehicles and
other states to obtain motor vehicle registration information.
e) Citations will be poshnarked in fourteen (14) days or less from the date of
violation. This includes any number of citations with required increases in citation
cost.
E) Warnings will be mailed in lieu of citation during the first sixty (60) days from the
start of operation of the first camera installation.
g) The County, or Collier County's Sheriff's Office will have a duly appointed code
enforcement officer or deputies assigned to review and approve each citation prior
to issuance and vClify that a violation has occurred.
Operations
Office and operational dcpartments will be fully staffed within the first sixty (60) days after
conh'act execution. The County will have the right to review the references and background
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...
information of any of the Conh'actor'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 citizens on civil citations.
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.
c) Records will be kept in accordance with generally accepted accounting practices.
d) Contractor will prepare on a notice letter all chargeable violations and will mail
notice letters to vehicle owners. A second notice will be issued for any violations
that remain unpaid.
e) Violations for which registered owner data is available shall be issued within
fourteen (14) business days of the violation event date.
f) After expiration of the second notice due date, Conh"actor shall pursue collections
on unpaid notices.
g) Contractors will comply with the Fair Debt Collection Practices Act, 15 U.s. c.
1692, et seq., and any other applicable state or federal law.
Appeals Process
The firm will utilize the Special Magish'ate to coordinate hearings for protests of citations.
This includes receiving the initial appeal request, scheduling appeal hearings before the court
and providing testimony and all background materials related to the appeal to the court.
a) Proposal shall provide hearing scheduling service for violators who dispute
notices. This shall include call center services to take calls during normal business
hours. An appeal list shall be provided to the County each week of hearings
scheduled tIu-ough the court.
b) A package for each appeal shall be prepared and provided to the County to include
the following:
i. All issued and disputed notices to the party
ii. A violation history report
iii. A correspondence file
iv. A payment history
v. All materials submitted by violator
c) Contractor will maintain a proper chain of evidence which meets the needs or
requirements of all agencies involved in this process.
d) Contractor will provide, when required for Court testimony, as well as all other
teclmical or factual witness as required to prove all elements of the violation.
Operating Location and Customer Service Support
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The automated red light enforcement system will be overseen and administered by the
Collier County Transportation Deparbnent and/ or designee.
The selected Conb"actor 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 Analvsis 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 b"affic statistics as follows:
a) Real-time b"affic volume and vehicle counts; and
b) Real-time violation graphs and chart by:
I) individual lane;
II) time of day; and
JII) day of week.
The conb"actor shall provide a monthly report that includes the following:
a) The number of events detected, notices/violations issued and
Page 14 of12
168 5
prosecutable image rate by location and in total;
b) The total number of violations that occurred and percentage of total
vehicle h"affic 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 Conh"actor 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
d) A payment history.
The Conh"actor shall maintain a proper chain of evidence that meets the needs of County and
court functions"
The Conh"actor 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 Conh"actor shall provide ongoing h"aining support as needed by the County.
. The Conh"actor shall provide hands-on h"aining as necessary to personnel as required
by the County"
. The Contractor shall provide training materials.
Page J5 of22
168 5
Operations and Public Awareness
o The Conh'actor shall provide assistance with the content and design of a public
education program and associated materials to be funded by the County.
o The Contractor shall support the County by h'aining staff on how to present the
Contractor's systems at public seminars or presentations, The Conti'actor will provide
staff for public forums as necessary.
o Contractor shall provide a project manager for the project as the single point of contact
to the County,
o Contractor shall provide intersection design and installation plans for review and
approval by the County Traffic Engineering Department and Permitting Department.
o Contractor shall install and maintain installed cameras.
o Contractor shall be responsible for loading, optimizing, and license plate data enh'y
processing of images for review (final review to be processed by authorized County
persOlu1el)
o Contractor will prepare one notice letter for all chargeable violations and will mail
notice letters to vehicle owners. The Conh'actor shall include a return envelope for
payments,
· Contractor will prepare a second and a final notice will be issued for any violations
that remain unpaid after their due date, The Conh'actor 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.
o Contractor may be asked to provide all required notice processing supplies including,
paper, envelopes, postage, toner, and any and all notice printing supplies.
o Notices shall include one set of images and a license plate image.
o Contractor shall provide a means for the fines to be paid on-line by credit or debit
card,
o Conh'actor shall provide a means for the fines to be paid by phone using a credit or
debit card.
o Contractor shall provide for a third party collection service for the collection of
delinquent accounts,
Page 16 of21
-,.",->~--_.._-----._._--------~,_.,.
168 5
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 the
Customer wherein all reasonably necessary elements required to implement
and operate the solution are the responsibility of A TS, except for those items
identified in Section 2 titled "Customer Scope of Work". ATS and the
Customer understand and agree that new or previously unforeseen
requirements may, from time to time, be identified and that the parties shall
negotiate in good faith to assign to the proper party the responsibility and
cost for such items. In general, if work is to be performed by the Customer,
unless otherwise specified, the Customer shall not charge ATS for the cost. All
other in-scope work, external to the Customer, is the responsibility of A TS.
1.2.2 A TS agrees to make every effort to adhere to the Project Time Line agreed
upon between the parties.
1.2.3 ATS will assist the Customer with video evaluation of candidate sites using
the Axsis VIMS system.
1.2.4 A TS will install Camera Systems at a number of intersection or grade crossing
approaches to be agreed upon between ATS and the Customer after
completion of site analyses. In addition to any initial locations, the parties
may agree from time to time to add to the quantities and locations where
Camera Systems are installed and maintained. ATS will install camera(s) and
place into operation a minimum of one approach within 90 days after
execution of this contract. ATS will install cameras and place into operation a
minimum of 12 approaches within 12 months of execution of tllis conti'act.
An additional minimum of 12 approaches, as appropriate, will be installed
during the second through tllird year of this contract.
1.2.5 ATS will operate each Camera System on a 24-hour basis, barring downtime
for maintenance and normal servicing activities.
1.2.6 ATS' in-house marketing departinent will assist the Customer with public
information and outreach campaign strategies. In addition, depending upon
the agreed-upon sti.ategy, A TS may pay for agreed upon extra scope
expenditures for public relations consultants, advertising, or media relations
provided that such exh'a scope expenditures will be reimbursed to ATS from
collected revenues.
1.2.7 ATS agrees to provide a secure web site (www.violationinfo.com) accessible
to citation recipients (defendants) by means of Notice # and a PIN, which will
allow violation image and video viewing.
Page 17 of11
168 5
1.2.8 The Customer and A TS will complete the Project Business Process Work Flow
design within 30 calendar days of contract signature.
1.2.9 ATS normally shall provide teclmician 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 inspection and maintenance.
1.2.10 ATS shall repair a non-functional Camera System within 72 business hours of
determination of a malfunction.
1.2.11 ATS shall repair the Axsis VPS system within 1 business day from the time of
the outage. Outages of Customer internet connections or infrash'ucture are
excluded from this service level.
1.2.12 For any city using ATS lockbox or epayment services, ATS will establish a
demand deposit account bearing the title, "American Traffic Solutions, lnc. as
agent for Customer" at u.s. Bank. All funds collected on behalf of the
Customer will be deposited in this account and h'ansferred by wire the first
business day of each week to the Customer's primary deposit bank. The
Customer will identify the account to receive funds wired from U.S. Bank.
Customer shall sign a W-9 and blocked account agreement, to be completed
by the Customer, to ensure the Customer's financial interest in said u.s. Bank
account is preserved.
1.3 ATSOPERATIONS
1.3.1 ATS shall provide the Customer with an optional one-time warning period up
to 60 days in length at the outset of the program.
1.3.2 ATS shall provide the Customer with an automated web-based citation
processing system (Axsis™ VPS) including image processing, Is1 notice color
printing and mailing of Citation or Notice of Violation per chargeable event
and a mailing of a text only reminder notice. Each Citation or Notice of
Violation shall be delivered by First Class mail to the registered owner within
the statutory period. Mailings to owners responding to first notices
identifying drivers in affidavits of non-liability or by rental car companies are
also included according to each pricing option.
1.3.3 Subsequent notices (such as pre-collection letters) may be delivered by First
Class or other mail means for additional compensation to A TS as agreed by
the parties in Sched ule 1.
1.3.4 ATS shall apply an elech'onic signature to the citation when authorized to do
so by an approving law enforcement officer.
1.3.5 ATS shall obtain in-state vehicle registration information necessary to issue
citations assuming that it is named as the Customer's agent.
1.3.6 ATS shall seek records from out-of-state vehicle regish'ation databases and
apply records found to Axsis to issue citations for the Customer according to
each pricing option.
Page 18 0[22
168 5
1.3.7 If Customer is unable to or does not desire to integrate ATS data to its court
system, ATS shall provide an on-line court processing module, which will
enable the court to review cases, related images, correspondence and other
related information relluired to adjudicate the disputed citation. The system
will also enable the Court staff to accept and account for payments. Any costs
charged by a third party vendor to integrate the ATS system to a court
computer system shall be borne by the Customer. A TS may agree to cover
these upfront costs and recover the costs from the collected revenue in
addition to its normal fees.
1.3.8 The Axsis™ VPS system, which provides the Customer with ability to run
and print any and all standard system reports.
1.3.9 If required by the court or prosecutor, ATS shall provide the Customer with,
or train a local expert wih1ess able to testify in Court on matters relating to the
accuracy, teclmical operations, and effectiveness of the Axsis™ System until
judicial notice is taken.
1.3.10 In those instances where damage to a Camera System or sensors is caused by
negligence on the part of the Customer or its authorized agent(s), ATS will
provide Customer an estimate of the cost of repair. Upon authorization to
proceed with the repairs or replacement, A TS shall replace or repair any
damaged equipment and invoice for the pre-approved repair cost. ATS shall
bear the cost to replace or repair equipment damaged in all other
circumstances.
1.3.11 ATS shall provide a help line to help the Customer resolve any problems
encountered regarding its Red Light Camera System and/or citation
processing. The help line shall function during normal business hours.
1.3.12 As part of its turnkey system, ATS shall provide violators with the ability to
view violations online. This online viewing system shall include a link to the
ATS payment website(s) and may offer the opportunity to download an
affidavit of non-liability online. Online obtained affidavits, if approved by the
court, shall be directed to and processed by ATS and conununicated to the
Court via the Axsis VPS transfer described above.
2. CUSTOMER SCOPE OF WORK
2.2 GENERAL IMPLEMENT A TION REQUIREMENTS
2.2.1 Within 7 business days of contract execution, the Customer shall provide ATS
with the name and contact information for a project manager with authority
to coordinate Customer responsibilities under the Agreement.
2.2.2 Within 7 business days of contract execution, the Customer shall provide ATS
with the name and contact information for a Code Enforcement manager
responsible for oversight of all Special Magish'ate related program
requirements
Page 19 oD2
J.t)tj ,
2.2.3 The Customer shall make every effort to adhere to the Project Time Line to be
agreed upon behveen the parties.
2.2.4 The Customer and ATS shall complete the Project Business Process Work
Flow design within 30 calendar days of conh"act signature.
2.3 TRAFFIC OPERATIONS DEPARTMENT
2.3.1 If the Customer 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 Customer will design, fabricate, install and maintain red light camera
warning signs. If Customer cannot provide such signage, A TS will do so and
charge the costs to the client.
2.3.3 Customer shaH allow ATS to access power from the existing power sources at
no cost at power disconnect breaker boxes for the controller cabinet nearest to
each Camera System within the Customer's jurisdiction. The power supply
cable for the camera operation shall be wired by ATS to utilize a separate
circuit breaker within the power disconnect enclosure.
2.3.4 InstaHation 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 shaH conform to applicable engineering
norms and reflect the details of installation work to be completed.
2.3.5 The Customer shall approve or reject ATS submitted plans within 7 business
days of receipt.
2.3.6 A TS and! or its subconh'actor will be subject to attaining all County Right-of-
Way permits necessary for building, construction, sh"eet use, lane closures,
and! or pole attaclunent permits.
2.4 SHERIFF'S OFFICE
2.4.1 The Sheriffs 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 A TS is acting as an Agent of the
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.e. S 2721, Section (b) (1) and as may otherwise be provided or required by
any provision of applicable state law.
2.4.2 The Sheriff's Office shall process each potential violation in accordance with
State Laws and! or County Ordimmces within 3 business days of its
appearance in the Police Review Queue, using Axsis™ to determine which
violations will be issued as Citations or Notices of Violation.
2.4.3 Sheriff's Office workstation computer monitors for citation review and
approval should provide a resolution of 1280 x 1024.
page:W of12
168 5
2.4.4 For optimal data tlu'oughput, Sheriff's Office workstations should be
connected to a high-speed internet cOfmection with bandwidth of T-1 01'
greater.
2.4.5 The Sheriff's Office shall provide signatures of all authorized police users who
will review events and approve citations on forms provided by ATS.
2.5 CODE ENFORCEMENT
2.5.1 If Customer does not provide payment processing services, Customer shall
use ATS payment processing services. The fees for lockbox and e-payment
services are included in the stated fee schedule presented on Schedule 1.
2.5.2 Code Enforcement shall provide a judge or hearing officer and court facilities
to schedule and heal' disputed citations.
2.5.3 Code Enforcement shall provide the specific text required to be placed on the
Citation notice to be issued by ATS within 30 calendar days of conti'act
signature.
2.5.4 Code Enforcement shall approve the Citation form within 15 clays after
receipt from A TS.
2.5.5 Code Enforcement shall handle inbound and outbound phone calls and
correspondence from defendants who have questions about disputes, and
other issues relating to citation adjudication. Code Enforcement may refer
citizens with questions regarding A TS or Axsis technology and processes to
websites and! or toll-free telephone numbers provided by A TS for that
purpose.
Any potential, direct costs to A TS to develop an interface between ATS and
the Special Magistrate system will be paid by A TS
2.6 PRICING
A TS is to furnish a turnkey red light camera program based on the following pricing
proposal. The pricing covers all costs required for and associated with camera
system installation, maintenance and on-going field and back-office operations. All
fees are disclosed in Exhibit B.
Page 21 of22
16B 5
EXHIBIT B
PRICING
08-5132 Red Light Camera Enforcement System
Option B - Tiered Fee per Paid Citation (one
camera / rear imaging)
This fee schedule reduces the incremental cost
to the County as the number of paid notices
increases.
3rd Tier Fee (All other paid notices per day per $17.50
camera) (150+ per month)
2nd Tier Fee (Next 2 paid notices per day per $27.50
camera) (from 90-149 per month)
1 sl Tier Fee (First 3 paid notices per day per $47.50
camera (i.e. first 89 paid per month)
Includes red light camera equipment for a 4-
lane approach with up to 2 signal phases,
installation, maintenance, violation processing
services, Florida DMV records access, mailing'
of 1" notice in color with return envelope,
mailing* of 2nd notice, web-payments access,
call center support for general program
questions and public awareness program
support.
*Certified mail, return receipt requested with $3.70 per unit
electronic proof of signature (This fee is
charged per unit and is in addition to postage,
which is included in the above fee.)
Additional Services Applicable to All Offerings Noted Above
Pre-collection Letters 10% of recovered revenue
Delinquent Collections Services 30% of recovered revenue
** Notices paid will be the multiple of the requirement threshold for each tier (above)
times the number of cameras in-use by a city. For example, if a city has three cameras in
operation, the first 267 (89 citations x 3 cameras = 267 citations) paid notices for all
cameras combined shall be delivered under tier I pricing, regardless of the number of
notices generated by any single camera. Likewise, under the same scenario, under tier
two pricing, assuming three cameras are in operation in a given city, citations 268 - 445
(59 citations x 3 cameras = 177 citations) generated across all cameras will be paid at tier
two pricing levels, regardless of the number of citations generated by any single camera.
Page 12 of 22
168 5
ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYY)
~ Page 1 of 2 02/18/2009
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MAHER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis HRH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
" Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. o. Box 305191 ,
Nashville, TN 372305191 I~SURERS ~FF~~~ING~~~ERA(;E_ __ __ INAIC#__
- - -_.--- ---" -- ----- -- ----- - -
INSURED American Traffic Solutions, Inc., f'NSURE~A: N~t~o~~~_Fir~E:~urance _co!Upany_oL Hart_fol}047~ -O~
7681 E Gray Road
Scottsdale, AZ 85260 ,-II'>lSURER~:_Jl'a_~~~_!'l:l ~!~_Ins-':l-.!an~~ C<?.!!I.~~~y ()_~~_rtfS'__~~?8-~
._ I~SURER c: _Tr_~nsp~r_t~_~ion. Insurance C-.?mpa_ny -- 20494-003
- --- ---
I~SU",_E_~~'I'WiIl~_~~Y Fire Ins. Co. ~2~~9-9~
--- --- -- --..-
. INSURER E:
------...
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHiCH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS.
1NSR'A[llj;~- - -- ~---- :- -P6UCYEFFECTtVE-~POLlCYEXPIRATION
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD VY DATE MM/DDIYYVY LIMITS
A
x
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
l=t~ I CLAIMSMAO~ I ~CUR
~N'~ ;GGREGl\iE~-IMIT AP~~~ES PE~:
, PRO-' ,
POLICY X JECT LOC
2092249865
11/17/2008 11/17/2009
EACH OCCURRENCE ~__l,Q.QJL..QQ!:L
DAMAGE TO RENTED -
._PREMJ~~_9ccur!,~__. $___~tO 0 1__0 0 0
ME~ EXP (~y on~yersorL 1'$ _ 1~....QQ 0
.$_____1_IOO_Q_LJH29
l~___2, 0 QQ.LJlit9
~S_f_l 0 Qit.LQQ P
I PE;_R~~_A_~ & ADII~f\l.:!.~B'i
GENERAL AGGREGATE
- -----
--~-- - ----
I PRODUCTS - COMP/OP AGG
BODILY INJURY
(Per person)
I'
1,000,000
B
r~J:~::~:~:::~~s
, SCHEDULED AUTOS
HIRED AUTOS
l NON-OWNED AUTOS
2097360568
11/17/2008 11/17/2009
COMBINED SINGLE LIMIT
(Eaaccident)
BODILY INJURY
{Per accident)
ru ---
I PROPERTY DAMAGE
: (Peracc,dent)
-f---
'5
C
EXCESS I UMBRELLA LIABILITY
xJ OCCUR [J CLAIMS MADE
2092249851
I
11/17/2008 11/17/2009
AUTOON~_~~_!l._CCIOENT +$_~
OTHER THAN EAI\~UL_
AUTO ONLY AGG Is
EA~~ OCCUR~~_~CE_ $ _20, 000 , 0.0 0
3GGREGATE ___~:~_2 0,0 Q 0 . 000
I GARAGE LIABILITY
>-~ ANY AUTO
D
DEDUCTIBLE
X RETENTION S 10 00
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
" ANY PROPRIETOR/PARTNER/EXECUTIVE I .1
OFFICER/MEMBER EXCLUDED?
(MandatoryinNH)
If yes. describe under
SPECIAL PROVISIONS below
! OTHER
59WEFY0478
12/31/2008'12/31/2009 ~
EL EACH ACCIDENT $
E.!,-, DISEAS~- EA EMPLOYEE _$
EL DISEASE - POLICY LIMIT S
_1.000-,OQQ
lLOOO,OQO
1 000 000
DESCRIPTION OF OPERATIONS I LOCATIONS [VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED, 1/16/2009 WITH ID, 12079265
Re: Contract #08-5132 "Red Light Running Camera Enforcement System. II
It is agreed that Collier County Government, FL is included as an Additional Insured as respects
to General Liability.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
ACORD 25 (2009/01)
Coll,2620884 Tp1,891823 Cert,l 4875 @1988-200 CORD CORPORATION. All rightsreserved.
The ACORD name and logo are registered marks of ACORD
Collier County Government, FL
3301 E. Tamiami Trail
Naples, FL 34112
168 5
Page 2 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)
Coll,2620BB4 Tpl,B91B23 Cert,12164B75
C'NA
168 5
G-140331-A
(Ed. 01/01)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE
ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT.
SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED
ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:
SCHEDULE
Name of Person or Organization:
Collier County Government, FL
Designated Project:
Re: Contract #08-5132 "Red Light Running Camera
Enforcement System."
(Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.)
A. WHO IS AN INSURED (Section II) is amended to
include as an insured any person or organization.
including any person or organization shown in the
schedule above, (called additional insured) whom
you are required to add as an additional insured on
this policy under a written contract or written
agreement; but the written contract or written
agreement must be:
1. Currently in effect or becoming effective during
the term of this policy; and
2. Executed prior to the "bodily injury." "property
damage," or "personal and advertising injury".
B. The insurance provided to the additional insured is
limited as follows:
1. That person or organization is an additional
insured solely for liability due to your negligence
specifically resulting from "your work" for the
additional insured which is the subject of the
written contract or written agreement. No
coverage applies to liability resulting from the
sole negligence of the additional insured.
G-140331-A
(Ed. 01/01)
2. The Limits of Insurance applicable to the
additional insured are those specified in the
written contract or written agreement or in the
Declarations of this policy. whichever is less.
These Limits of Insurance are inclusive of, and
not in addition to, the Limits of Insurance shown
in the Declarations.
3. The coverage provided to the additional insured
by this endorsement and paragraph f. of the
definition of "insured contract" under
DEFINITIONS (Section V) do not apply to
"bodily injury" or "property damage" arising out
of the "products-completed operations hazard"
unless required by the written contract or written
agreement.
4. The insurance provided to the additional insured
does not apply to "bodily injury," "property
damage," or "personal and advertising injury"
arising out of an architect's, engineer's, or
surveyor's rendering of or failure to render any
professional services including:
a. The preparing. approving. or failing to
prepare or approve maps. shop drawings.
Page 1 of 2
C'NA
opinions. reports. surveys. field orders.
change orders or drawings and
specifications; and
b. Supervisory. or inspection activities
performed as part of any related
architectural or engineering activities.
C. As respects the coverage provided under this
endorsement. SECTION IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS are amended
as follows:
1. The following is added to the Duties In The
Event of Occurrence. Offense. Claim or Suit
Condition:
e. An additional insured under this
endorsement will as soon as practicable:
(1) Give written notice of an occurrence or
an offense to us which may result in a
claim or "suit" under this insurance;
(2) Tender the defense and indemnity of
any claim or "suit" to any other insurer
which also has insurance for a loss we
cover under this Coverage Part; and
G-140331-A
(Ed. 01/01)
1 h .-' 5
~~~1-A
(Ed. 01/01)
(3) Agree to make available any other
insurance which the additional insured
has for a loss we cover under this
Coverage Part.
f. We have no duty to defend or indemnify an
additional insured under this endorsement
until we receive written notice of a claim or
"suit" from the additional insured.
2. Paragraph 4.b. of the Other Insurance Condition
is deleted and replaced with the following:
4. Other Insurance
b. Excesslnsurance
This insurance is excess over any other
insurance naming the additional insured
as an insured whether primary, excess,
contingent or on any other basis unless
a written contract or written agreement
specifically requires that this insurance
be either primary or primary and
noncontributing.
Page 2 of 2