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#08-5132 (ATS) A G R EE M EN T 08-5132 for Red Light Running Ca.mera. Enforcement System THIS AGREEMEN:, made'~d ente~ed. into on this. lq~day of ~ciJ~lL~ .,.,. ' 2009, by and between AmerIcan Traffic;: Solutions (ATS), authorIzed tQ do busIness 111 the State of Arizona, whose bllsiness. .addre$$ is 7681 East Gray Road, Scottsdale, Arizona 85260, hereinafter calleg the lICdrttiactorll and Collier County, a political subdiVision of the State of FIOl'ida, Collier CoUnty, NapIes,hereinaftercl'llled the1lCountyll: WITNESS ETH: 1. COMMENCEMENT, The Conh-actor shall COmmence the work aftel' receipt of a Notice. to Proceed. The contract shC1:11 be fora thirrysix (36) month period, cOI).1.in,encingon the date of the issuance ofa Notice to Pidceed. The County may, at its discretion and with the consent of the Conh'actor, re11eWthe Agreementuhder all oft-he terms .andconditions contained in this Agreemel1t.foI' two (2) additional one (l}year periods. The County shall. give the Contractor written notice oHhe County's intentiOn to extend the Agreement telTI1. l"lQt less than. tel'l. (10) days prior to the end oithe Agreement teri11 then in effect In no event, including renewal options, shall the conj:ract exe;eed!ive (5) years. 2, sTATEMENT OF WORK. The Contractor shall. provide a Red-light Camera Enforcement System i11.acc01'dance with the terms and condition.s .of .ItFP#08-5132 and the Scope. of WOl'kreferred toI1erei11 as Exhibit A and made anil1tegral part of this agteement. This Agreement contains the entire understa.I1.ding between the parties and any modifications to tIus Agreement shall be mutually agteed upOl'l.111.writing'by the Contraqrorand the County project manager or Ius designee, in compliance with the County Purchasing Policy and Adminish"ative Procedures in effect at the time such servicesa.re authotized. 3. COMPENSATION. The County shall pay the COnh'actor for this turnkey red light camera rtll1ning progtC1:m 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 il1 compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Page 1 of22 4. SALES TAX. Conh-actor shall pay all sales, consumer, use and other similar taxes associated with the Work or pottions thereof, which are applicable during the perfonnanceofthe Work, 5. NOTICES, All notices from the County to the Contractor sha.11 be deemed duly served ihnai1ed or faxed to the Contractor at the following Address: Ametic:an Traffic Solutions 7681 East Gray Road Scottsdale, Arizona 85260 Telephone: 480/442:.7000 Fax: 480/607-0901 Attention; Greg Patks, Vice President All Notices from the Conh'actOt to the County shall be deemed duly setvedif mailed or faxed to the County to: Collier County Goverlunent Center Purchasing Departmenf ,.Purchasing Building 3301 Tamiami Trail,East Naples, Florida 34112 Attention: Sfeve Catnell, Purchasing/GS Director Telephone: 239'"252-8371 Facsimile: 239;;252-6584 The Contractor and the County .may change the above l11ailingaddreS$at any time upon giving.the other party written notification. All notices under this Ag:reemel"l.t must be lii w:ritillg. 6. NO PARTNER.SHIP~ Noth.1.n.gherehi contained shall createOt be corish'ued as creating a pa:rtnership between the County ai1d the Conh'actor or to Constitute the Conh"actor as an agent of the County. 7. PERMITS: LICENSES: TAXES. III cOlhpliance with Section 218.80, FS.,all permits necessary for the prosecution of the Work shallbe obtained by theContrac;:tor~ Payment fot all such permits issuecl by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall he 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, Government now in force or hereafter adopted, The Concractorag:rees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Conh'actor. 8. NO IMPROPER USE. The Conh'actor will not use, nor suffer or permit any petson to use in any manner whatsoever, County facilities for any improper, immoral or offensive Page 2 of12 purpose, or for any purpose in violation of any federal, state, county ormuI1icipal ordinance, rule, order or regulation, or of any govetrtrt1.entalrule or regulation now in effect or hereafter enc;lcted or. adopted. In the evertt of. such violation by the Contractor QI"if the County or ,its authotizedrepreselttative 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 Contractot fail to Correct any such violation, conduct, or practiqe to the satisfaction of the County within twenty-four (24) hours after reCeiving notice of such violation,condud, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to corn:mence 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 servict;!s in a manner satisfactory to the County as p~r this Agreement, the County may terminate. said agreement im.mediately for cause; further the County may terminate this Agteement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance, lQ. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national .origin. 11. INSURAJ.\TCE. The Contractor shall provide insurance as follows: A. Commercial General Liabllity: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Lia.bility and Property Damage Liability. This shan htc1ude Premises and Operations; Independent COlltracl:ors;Products and Completed Operatiol1$ and Contractual Liability. B. Business Auto Liability: Coverage shall have miniinul11 limits of $2,000,000 Per Occurrence, Combined Single Lirrrit fOr Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non.,.Owned. Vehicles and Employee Non,;.Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws; The covetage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requitements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy, Current, valid insurance policies meeting the requirement herein identified shall be maintained by Conb"actor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Page 3 of22 There shall be a thirty (30) day notification to the County ill. the event of cancellation ormudificatiol1 of any stipulated insurance coverage. Contractor shall insure that all subconh'actors comply with the same in.surance requirements that he is required to meet. 'The same Contractor slwll provide County with certificates of insurance meeting the tequired insurance provisiol1S. 12, INDEMNIFICATION. To the maximum extent permitted by Florida law, the ContractorlVenetor lCon$ultant shall indemnify and hold harmless. Collier C01,lnty, its officers andempIQy~~sfrom an.yand all liabilities, damages, losses and costs,inclucl.ing, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence" recklessness, or intentionally wrongful con.du.ct of the Q:mtractor/Vendor!Consultant: . or al1yone employed or utilized by the Cortttactot!Vendor!CoI1.Sultant in thepe:rformance of this Agteement. This indeinnification obligation shall not be construed to .negate, abddge or reduce any other rights or remedies which otheiwise may be available to an indemnified party or petson descrilJed in this paragraph. TlUf)$ectlon does not pertain to any incident arising. from the sole negligence of Collier County. 13. CCfNTRACTADMINISTR.ATION.. Tlus Agreement shall be admilusteredon behalf of the County by the Traffic Operations Department. 14. CONFLICT OF.INTEREST. Contrgctor represents thatit presently has no irt.terest cHid shall acquire 11.0 interest,. either direct or indirect, which would conflict in. any mamler with the performance {If services requited hereunde~'. Cqn.j:ractOt furtl'1.et repl'esents tllatno petsons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OFtliIS CONTRACT. This Contract consists of the attached componentpatts,aI1o{Which are as fully a patt of the conh'act as if herein set out verba.tW1: . Cqntractor's Proposal, IIl$urance. Certificate,RFP#08-5132 Red . Light Rutlhing Camera Enforcement System, Exlubit "A" Scope of Services, Exhibit "B" Pricing al'td thi'ee (3) Addenda, 16, SUBJECT TO APPROPRIATION. It is further un.clerst()od and agreed by and between the p~rl:ies hetem that this agreement is subject to appropriation by the Board of County Commissioners. 17. PR.OHIBITION OF GIFTS TO COUNTY EMPLOYEES. No orgaluzation or individual shall offer Of give, eithet directly or indirectly, any favof, gift, loan, fee, sel"vice or otl1er item of value to any County employee, as set forth in 01apter 112, Part III, Florida Statutes, Collier County EtIucs Ordinance No, 2004-05, and County Adminish'ative Procedure 5311. Violation of Nus provision may result in one or lTI,Ore of the following. consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Page 4 of22 Prohibition by the individual and lOt firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, andjor quot~s;and, c. im.ntediate termination of any contract held by the individual andj or firm for CaUse, 18, IMMIGRATION LAW COMPLIANCE. By executing and entering into this a.greement, the Coi1tractor is JotmaIIy acknowledging without exception or stipulation that. it is fully responsible for complying With the provisions of the Immigration Reform and Control Act of 1986 as located a.t 8 V$,e. 1324, et seq, and regulations relating theret?, as either maybe .amended. Failllre by the Contractor. to comply with the lCl.wS referenced herei11 shall ccnstittite 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 agairtSt the other patty relating to or arising out of this Agreem~rtt must be bwughtin the appropriate federal or state courts in Collier County, Florida, whithcourts have sole cu1d exclusive jurisdiction on all such rnatters. 20, OFFER EXTENl)ED TO OTHER GOVERNMENTAL ENTITIES. . Collier County encourages and agrees to. the successfUl COl1h'actor extending the pricing; terms and conditions of this solicitation or tesultallt contrad.to other governmental entities at the discretion of the successful Contractoi'. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole orin part, the remaining portion of this Agteement shall remain in effect. 22, ADDITIONAL1:TEMS/SERVICES. Additional items andj or services may be adqed to thiS contract uporl satisfactory negotiation of price by the Contract Manager and Contactor. 23., DISPUTE RESOLUTION. Prior to the initiatiol1 of any acti0l1 or proceeding permitted by this Agreemel1.t fotesolve disputes between the parties, the parties shall make .a good faith effort to resolve any such disputes by negqtiation. The negotiatiOi1 shall be attended by reptesentativesof Contractor with full decision-making authority and by County's staff person Who would make the presentation of any settlement reached dming negotiations to County for approval. Falling resolution, and prior to the conunencement of depositions in anylitigati011 between the parties arising out of this Agreem.ent, the parties shall attemptto resolve the dispute tlu'ough Mediation before an agreed~upol1 Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached atmediatiol1 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. Page 5 of22 Arty 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 Of state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such mattei's. 24. KEY PERSONNEUPROTECT STAFFING. The Contractor's personnel and management. to be utilized fOr this project shall be knowledgeable in their areas of expertise. The County reserVes the right to perform investigations as may be deemed necessary to insure th~:t competent persons will be utilized in the performance of the cOhtr.act. SeleGted firm shallassigIl as many people as necessary to complete the project on a. timely basis, and each person assigned shan be available for an amount of time adequate to meet fhe dates set forth .m the Project Schedule, Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replaceme11ts have substantially the same or better qualifications and/ or experience. (2) That the County is notified in writing as fro: in advance as possible. Firm shall. make commetdally reasonable effol'ts fO notify Collier COJ,1l1ty within seven (7) days of the change. The Countyretau1Sfirtal approval of proposed replacement persoJ,llleL Page 6 of22 IN WITNESS WHEREOFitheConb:actorancfthe County, have .each, respectively, by an authorized person hereunder.set their hands and seals on the date and year first above written. ,'. ... p''''! ,,' A. 'T"T'DC''T'~.'" ' w'-"'H(f) . .~ ,.L~'{~~)~',.>~t~ . "~ .Dwjg~t,~:/13;r;:. . .- ,".", .' ... ,~ BOARD OF COUNTY COMNIISSIONERS COLLIERCO TY, FLORIDA ~~ .J~ By: DOnna Fiala, Chairman American Traffic Solutions Contractor $ By: ~ Signature ~F..~ 'l1'st. tIDe . .~ 'J~.~.~~ tT~dnt witnessnamet ~~ .. econd Witness tType[print witness namet Approved as to form and legal sufficiency: ~ tt i?j~~L Assistant County Attorney S <:.> it 1< ~ 4 cL... Print Name Page 7 of22 "PAm Ii; TuTO)/I / e VP- <:'00 Typed signature ahd title Pvst. EXIlIBIT A .DESCRIPTION/SCOP~()FSERVICES for. 08-5132 Red Light Camera Emorc.enieritSystem I. FIRST PHASE OF SERVICES (Uncompensated): TheContrador shall provide conspIting services regarding the rec;:ol111)1el1ded identificatiort oHocations for placement of Red Light Enforcement equipment, based UpGl1 tl'affic ehgineeringprinciples, violation history, c;:rash history, and input {tom County Traffic Engineering a11d the Collier Copnty Sherift'sOffke. The report or recommencted lQca.tlol11) s.hall he submitted in a report giving the locationsa11d the criteria and rl:lnortale for then" selection, Ptiorto implementation and 'twelve (12) months aftetiniplementatiot). of the enforcement equipment . the Contractor shall perform an Emgirteering stw:ly dertotiIig~by approach for a twelve (l2).mortth pedoditl1eavetage violationrate,u1tersectiort ctashrate, and documertting any rise or dedu1e in the either of thoserates. For the violation rate, compare the sixty (6@)daysofCourtesy Warnings with the last sixty (60)days of thefil'st year of opei~ation. The repod shall Designed and sealed by.a I'rofessiottal Engineer liqensed to prac.tice in the State of Florida. TheCorttractor shaIlprovideJor.compreheIlsive and fully integrated red light h'afficsafety management services, The. stlcqessful Con.h'ador will deploy b~affic safety camera. equipment at designated arterial intersections, coveringol1e to.fQ4t (4) approaches ateach intet"s~l;tion. At the selected approaches,. up to six (6) lal1~$wm requfr~ traffic safety cam~l'aenforcement, incIu.dirt.g Clnyturnlanes. The Contractor' s s~tvices shall include all hardware/software, installation,maintenai1Ce, operation, and alI.oack-office ptocessingof violations,. All S1/stemS11tustbe 1io1l~illtrusive to fhetmtjicsi'g1zatcabinett!t Clid acdesstotlte signal controllel'cabilietwilt be vermitted). . II. SECOND PHASE OF SERVICES (Compensated): Red Light Camera System The Contractor shall provide and install all eqpipment including, but not limited to, poles, cabinets artd 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 SpedficationJorTraffic Signal Equipm.ent, which will be provided by the County's Page 8 ofn Ttciffic Opetations Department upon request. All stlste111s 11l1lstbe Itoll",intnlsive to the traffic signal cabinet - and access tothesi~1.al controller cabinet will not be permitted. · The ContI'actor/ sshall disclose whether the system, at any time, photographs an unage of the driver of the vehicle. · TheCot1tractor shall use a high quality digital camera system with an output in excess of30()0 x 2000 pixels per image is requited, The Corttractor shall detail the image quality specifications. and. provide real sets of violation image examples captured under allconclitions including, but not limited to, in daytime, nighttime, during inclement weather, and during times where sunlight is pointing in the direction of the camera. · The Contractor shall provide equipment that is capable of gatl1eringtl'affic data for statistical analysis, including traffic volmrtes by approach and lane. · The Contractor shall provide equipment capable of deployment U1 a wide range of operating conditions; e.g., heavy traffic volumes, adverse weatherconditiot1s; road surface cOl1figllratibns,etc" and across six (6) moving lanes of traffic. · The Contractor shall provideequipmen.t to provide a reliable 110n*intrusive, non- physical cOnnection to the red phase signal. · The ContraCtor shan provide a system which lrtust provide at least thtee (3) digital color still images of each violating event. the iIl1ages shall be taken to ensure that the rear of the vehic1eand license plate are captured.. The first image shall capture the vehicle b<:iore the front wheels strike the legal violation limlt lirte, The second unage shall capture the vehicle after the rear axle has crossed the crosswalk orJegal liIliitJine. The thirdir11age shan depict a dose up of the licel1$e plate. The contI'actor will use a video system that will capttire a short duration video oftheviolatiol1.. · The Contractor shall. p1"oVide a camera system which shall record data pertinent to each violation at the time of capture. · The Contractor shall provide. data which shall be recorded in a flexibly configured data bar that is embedded with each scene, license plate and stop bar detection images that may be used to prove the violation, The data bar shall include, at a minimum, the follow1I1g information for each violation: a) Unique violation identifier incorporating the County; b) Location of violation; c) Date (MM/DD Inn); d) Time of the violation ul24 hour clock indudu1g hours, mU1utes and seconds; e) Elapsed time between images; f) Direction of h'avel; Page 9of22 g) Traffic signal phase; 11) Time into the red phase displayed in thousandths or a second; g) Durationofthe prior amber phase; h) Vehide lane of travel; i) Camera ID; and j) Ftam.e sequence number. · The Contractor .shail. provide a system which in.dudes an ancillary video system as supporting information to the violation provided by the still images. The video must be fun motion attherateofthirty (30) ftamesper second or greater and allow aperture adju$t:rhertt. · TheContractOl' shaU.el1sUre that each imaging mut'soperation shall be microprocessor controlledai1d fully automatic, · TheConttactorshall include a camera system that sh.all be capable or on-site ot.remote activation and maintenance support. · The Contractor shall include a ccunera system that shall perfol"ll1 a self-test. ort set;..up; simulate a violation being reGorded for testil1.g; COInlllU1ucate enol' tnessages; record date ~u1.d time of system shutdown. in. the event of a malfunction. · The Contractor shall include a camera system that allows a malfunction to be easily identifiedan.d debugged on..line. · The' Contractor shalI include a. camera system that recordsevent-speciiic evidence to substantiate multiple, simultaneous and/or conCurrent violations occurring during any red signal phase. 'The OJ11tractor shc1l1 provide a system which shall provide 24 hours a. day/Tdaysaweek "live" intersectiol1. monitoring and viewing capabilities, This video shall be stored for a minlmt1m of rour (4) days. · The Contractor shall include a camera system that which includes component operations wluch are synchronized to a single; stcl11dard, independent, external and verifiable iimeand date source; · The Contractor must use more than one (1) velucle detection, The ContractOJ; must explain the vehicle detection methods which cart be used by the system ll1c1uding, but notlimited 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. Page 10 of22 · 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 Contractorshall explain typical maintenance procedures. · The Contractor shall state installation and construction times for a generic intersection. · The system shall be able tosimultal1eously monitor traffic in up to six (6) lanes, · The Contractor shall monitor straight-through violations, The system shall be capable of detecting .a1ld recording evidence of left~nd right hnu violations, regardless of vehicle. speed. (pleasereferen.ce program). The Contractor's Proposal must explain how the system captures illegal right-turn-on-red movements, Violation. Processing There shall be no requirement to install COhtractorprocessing software On County OWlled or maintained Information technology Of computing systems, The violation processing system shall. allow the County. a detailed view into all of the iltrormation related to the program. . The County's IT D.epartmentwill not allow software instaIlation on County owned of.m~it1tained eqt1ipment.... the vendol" will need to supply a stand- alone PC/laptop with installed software with the red light enforcement system's viewing capabilities. All acceSt; (via a sectu'e internet portal) to the violation processing system for the purpose of preprocessing evidence; policeallthorization, !lotice pl'inting, payments h'acking, and generation. of court evidence packages shall be. Irtternetenabled and shall be available 24 hours aday/7 days a week for authorized users. The violation processing system shall provide the following functiOlls: a) Web-enabled access a11d opefation; b) Secure User 10g.:.inandaccess; 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; 11) Ability to "crop" a lice11se plate image afea 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; Page II of22 j) Ability to generate prulted waming letters (during the first 60 days of the program at the County's discretion); k) Ability to automatically generate prirtted violation notices; 1) Ability to stare and archive all processed violation evidence into a secured...database; m) ability t6 access any stored violation unage 24 hours a day!7 days a week from the system's database subject to agreed archive rules; n) ability to request and iinmediately view Court Eviderice Pa.ckage n-nage sequences displayed as video 24 hours .a day!7 days a week or as 'il1dividu~ high resolution still shots, or send images to prhtt locally; 0) ability to im.inediately request, view and print both standard and user,. defu1ed. reports 24 hours a day I 7 days week; p) Secured Access Conj:rolarid 'automatically generated electronic audit trails; q)E:llcryption and decryption management; r) The system shall be capable of prepiU"ingand mailing 'one. hotice letter for all ,chargeable violations to Vehicle Owners, issuing alid Inailing a ,se<:on.clnotice for any violations that remain unpaid as their due date; All violaticllisfor which registered owner data)savailable shall be issued w.Hhirt seven (7) busu1e$S days afterpoJicereview.of the incident. Citation Processing a) The CorttraCtor will be I'equu'ed to accurately capture and store images, establislta cha.in. Of cUl?toc:ly for the image medium, andproc:ess a.nd issue dtg.tions for fed light viola.tiol1$ inaccotdance with the ordiriance. b) Tne Contractor will have the capability to. gerterate clear, easily identifiable images far the. .c1tation!violations, allowing an unbiased individual to determine fault (indudUlg extenuating circumstances). c) So~twate to process, issue and track citations and payments will be installed and fully operationaL d) Co.nn.ect1ol1s In,Ust be established to the Florida Department of Motor Vehicles and other states to obtain motor vehicle registration infOrmation. e) Citatiol1$: will be postmarked in fourteen (14) days. or lessfroffi the date of violC1:tion.This lltdudes any number of citations with required increasesincitatio11 cost. f) Warnings will be mailed in lieu of citation during the fu'st 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 verify that a violation has occurred. Operations Office and operational departments will be fully staffed within the.f1rst sixty (60) days after conh'ad execution:. The County will have the right to review the references and background Page 12 of22 information of any of the Contractor's employees directly involved in. providing services. the County may request the replacement of any employee ptoviding services, Collections The Contractor Will collect payments from citizert.son civil citations. a) Payment options should include check, money order, or credit card, ill person, via telephone and overtheinternet. b) The Contractor will directly deposit all .l11oniesinto art account desig])ateci and ffia.nagedby .... the County. Fillecollection procedures will be developed in aq:orda.ncewith County procedures. c) Records will be kept in accordqnc;:e with generally acceptedaCcoU11til1g practices, d) Contractor will prepClte Ona notice letter all chargeable viola.tiorts. a.I1d Will mail notice Ietfers to vehide OWnets. A second notice will be issued for any violations tIla t rem9,in llnpaid. . e) Violations for wInch registered owner data is available shan be issued within fOllrteen (1.4) business days of the .viola.tionevent. date~ f) Aftere;xpiratiol1 of the second notice due date, Cbnntactor shall pursue collections On unpaidllbtices. .. . .... .... ... ..... ..... ... ... .. .. .... g) Conj:radOl:S will com.ply with the:Fair Debt Collection Practices Act; 15' U.s. c. 1692, etseqi, and any other applicable state or feclerallaw. Appeals Process The firm. will utilize the. Spedal Magistrate to coordinate hearings for protests of citatiOns. 'flns include$ receWing the initial appeal I'equestjschedulingappeal hearil1gs befoi'ethe court and providing testitrtony.andall background materIals related to the appeal. to the court. a) Proposal shall provide hearing scheduling service for violators who dispute notices,. Thisshall.mcludecal1 center services to take calls during norlIlalbl1siness hours,j\n Clppea.l list shall be provicled to the County each week of hearings schedulecltJ.1tough . the court; b) A package fOr each appeal shall be prepared and provided to the County to il1chlde the followuig: i. Allissued.a.nd cti$puted notice$ to the party iL A violation histol'y report Hi. A correspondence file iv. A payment history v, .Al1materials submitted by violator c) Contractot 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 technical or factual witness as requu'ed to prove all eleni.ents of the violation. Operating Location and Customer Service Support Page 13 of22 The automated red light enforcement system will be overseen and administered by the Collier County Transportation Deparhnent and! or designee. The selected Contractor shall provide customer service to the County and make provisions to assist the alleged violators who are seeking to view their violations and. ask questions with regard to the operations of the system, reporting procedures, and enforcemen.t of the County's ordinance. The Contractor shall provide an adequate number of services and maintenance staff to se],'Vlce fuecamerasand be available to respond to service requests by the County. Imageprocessirlg, issuance of citatiolls, compu.ter.processin.g, financial reporting, and overall rnanl'lgement of the progra.1l't ltlC1:Y be performed at remote locations so long as the Corttractor remail1shighly responsive to the needs. of the program and meets the reqlliremel1t$set forth by the County. Statistical Analysis. and Reporting Systems The processing system shall prQdllcestatistical analysiS orcameta location and operations will be prefened;. htcluding; at rnllUrrttim: a) Hours of use per camera by operanonal.site; b) Results achieved by. each camera by site; c) Offertses recorded by site; and .d) Traffic counts by lane., date and hour. The processing system shall be CApable of immediately genetatlllg operations teports 24 hou:rsaday!7days a week includin.g: a) .:N1tlTIber of Violations recol;ded; b) Count of violations where notices not prepared; c) Notices ptepared and mailed; and d) Starns of notices issued (Outstanding, canceled, reissued and so forth). The processing system shall also supply reports of: a) Camera equipment hours ofservicel'lndhours 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 conh'actOl' shall provide a monthly report that includes the follOWing: a) The number of events detected, notices! violations issued and Page 14 of22 pl'osecutable image rate by lacatian and in total; b) The tatalnumber af violations that occurred and percentage of tatal vehicle traffic by lane; and the tatal 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 unauthaIized petsons fr9Itla.ctessing the camera images and darnbases and tampering with images. TheCoIitractor shall stor~aIl enforceable hllag~s produced by cameras for no less than one hundreda11d eighty (180) days after final diSpositiort. The COn.traqfOr shall provide an evidence package for any contested violations, The package shall consist of~ a) All iSSlledand disputed Ilotices to the party; Q) A violilnon histol'yrep.ort; c,) A ,corresp911dence file; and d) A.payment mstolY. The Contractor shall maintain a proper chain of evidence that meets the needs of County and coUrt functions~ The COlltractorshallprovide a qualified expert witness whO' is.knawledgeable on the theory, operation and functional capabilities of the red light camera unit. Maintenance, Sup'{Jortand Training · Allmaill.h~nante ofca.meta, video, sensors, computer and related eqUipment shall be the resporrsibility of U1e Contractor. · TheCqnj:ract9}: shall tepair'or replace any inopeI'able equipment within seventy-two (72) hours of defection by the Contractor ornotificatiort by the CO'unty. · The CO'ntrado:r shall describe the proposed standard process for how often the camei'as systems will be visited far maintenance and inspection and shall explahl. what occurs during a maintenance and inspectian visit. · TheCotitractor shall ptovide ongoing training suppart as needed by the Caunty. · The Contractor shall provide hands-on training as necessary to personnel as required by the County. · The Contractor shall provide training materials. Page 15 of22 QperationsandPubIic Awareness · 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. · The Contractor shall support the County by training staff On how to present the Contractor's systel11.$ at public $eminars or ptesei1tal:ions. The.CoIlh'actor will provide staff for public foi'umsas necessary. · Conh'adot shall provide a project manager for the project as the single point of contact to the County, · Contractor shall provide intersection design and installation plans for review and approval by the County Traffic Engineering beparttrtent and Permitting DepartrI1ent. · Contractorsha1l install and maintain installed cameras. · Ccmtractot shall be responsible fol' loading, optimizing, and license plate dataentry processing of images for review (final review to be processed by authorized County personnel) · Conl:rattot WIll pl'epare one n.otke letter for all chargeable violatioris and willmaiI notice letters to vehicle owners. The Contractor shall include a return envelope for payments, · ContractorwiU prepare a seCOlldan<:l a fina111.otice will be issued fot alLY violations that remain tinpaicl after theil' due <:late, The Contractor shall inc1udea return envelope tOl" payments, · Violatiofl,S for which registered owner data is available shall be issued within the legally reql1ired number of days of the violation event date. a Conh'actor may be asked to provide all required notice processing supplies including, paper, envelopes, postage, tarter, and any and all notice printing supplies. · Notices shall:irtc1ude one set of images and a licellse plate image. · Con.tractor shall provide a meaIi.s for the fines to be paid on-line by credit or debit card. a Contractor shall provide a means for the fines to be paid by phone using a credit or debit card. · Contractor shall provide for a third party collection. service for the collection of delinquent accounts. Page ]6 of22 Responsibilities of Contract Parties 1. AMERICAN TRAFFIC SOLUTIONS (ATS) 1,2 ATSIMPLEMENTATION 1.2.1 AIS agrees to provide a turnkey solt1tion for Camera Systems to the Customer wherein all reasonably necessary elements requited to implement and operate. .the solution are the r.esponsibility of ATS, ~xcept for those items identified .m Section 2 titled ilCustomer Scope of Work" ~ ATS.and the Cuglome1" understand apdagree that new or previously unforeseen requirements may, from time to time, be identified and that J:heparties shall negotiate in goo~t 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, utuess otherwise specilled, the Custol'uetshallnotcha,rge, ATSfor the cost. AIl other in-scope wotk, external to the Cus.tomer, is the responsibility of ATS. 1,2.2 ATS agrees tomakeevetyeffotf to . adhere to .the Project Time Line agreed upon betWeeil the parties. 1.2~3 AYS will assist theCustotner with video evaluation of candidate sites using the Axsis VIMS system. 1.2.4 A T5 will ir1.stall Camera 5ystemsat a nu.mber of intersection or gracIG Grossing approaches to be agreed upon . between ATS. and the Customer after completion of site anGIlyses, In addition to an.y initiaIlocatiol}s, the parties may agree from time to time to add to the quantities and locations where CroneraSysteIllSare installed and maintained, ATS will install camera(s) and place into opetatiort a min.imum of one approach withiil 90 days after execution of thiS contract, A TS will install cameras and place iittooperationa minimum of 12 approaches witlitl1 12.months of executioltof thiscorttract. An additionallninimUlll. of 12 approachesiasappropriate, will be installed during the second through third year of this contract. 1.2,5 ATS Will operat~ each Camera System on a 24--hour basis, barrii1g downti1ne fot maintenance alld 110nnal servicing activities. 1.2.6 ATS' in~hOu$eInarketing department will assist the Customer with public imorrnation and outreach campaign strategies. In addition, depending upon the agreed-upon. strategy, ATS may pay for agreed upon extra scope expenditures for public relations consultants, advertising, or media relations provided that such exh'a scope expenditures will be reimbursed to A TS from collected revenues, 1.2.7 ATS agrees to provide a secure web site (www,violationinfoocom) accessible to citation recipients (defendants) by means of Notice # and a PIN, which will allow violation image a11d video viewing. Page 17 of22 1.2.8 The Customer and ATS will complete the Project Business Process Work Flow design within 3D. calendar days of contract signature. 1.2.9 ATS normally shall provide technici.an site visits to each Camera System once per month to perform. preventive maintenance checks consisting of. cameta endostue lens cleaning; ()amera,strobe and controller enclosure cleaning; inspection of exposed wires; and general system inspection and maintenance, 1.,2.l0 A1'S,shallrepair a n01..1-functional Camera System within 72 business hours of determination 'ora malfunction. 1.2.11 ATS shall repau..the Axsis VPS system within 1 business day from the time of the outage. Outages of Customer internet connections or infrastructure axe excluded rtom this service level. 1.2.12 For any city USU1g AT$ .Iockbox or epayment services, ATS will establish a demand deposit account bearing the title, 11 American Traffic Solutions, Inc. as agent for Customer" at U.S. Bank All funds collected on behalf of the Cusfomex will be deposited in this account and transferred by wire thentst business day of each week to the Customer's primary deposit ba111<. The Ctis~omer will identify the accQtlttt . to receive funds wired frolu u.s. Bank. Custol,uet shall sign a W-9 artd blocked account agteement, to be completed by the Customer, to ensure the Customer's financial ulterest Ul. said U.S. Banl< accd'unt is preserved. 1.3 ATS OPERATIONS 1.3,1 ATS'shall provide the Customer with an optional one.:l:ime.walnihg period up to 60. days in length at the outset of the program. 1.:1.2 ATSshaU pl'C'ivide theCustomet "\lith. anatltomafed web-based citation prQc:essing system (Axsis™ VPS) including imageprocessiilg, 1st notice color prlrt.tingand mailing of CitatiOn or .Notice of Viola,tiol1 pet chargeable event a.nd a mailing Qf a text only rehUl1dernotice. Each Citation or Notice of Violation shall be delivered by First Class mail to. the registered owner Withi11 the statutory period. Mailings to ownersrespollding to first notices identifying :drivers in affidavits of non-liability or by rental ca.r companies ate also included according to each pricing option. 1.3.3 Subsequeri.t notices (such as pre-collection letters) may be delivered by Fir~t Class or other mail means foradditiOl1.al compensation to A TS as agreed by tht:! parties in Schedule 1. 1.3.4 ATS shall apply an. electronic signature to the cita.tion when authorized to do so by an approving law enforcement officer. 1.35 ATS shall obtain in-state vehicle registration information necessary to issue citatiorts aSStlil1ing that it is named as the Customer's agent. 1.3.6 ATS shall seek records ftom out-of-state vehicle registration databases and apply records found to Axsis to issue citations for the Customer according to each pricing option. Page 18 of22 1.3.7 If Customer is unable to of 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,correspon.dence and other related information required to a.djudicate the disputed citation. The system will also enable the Cotirtstaff to accept and account for payments. Arty costs charged by a third party vendor toint~grate the ATS system to a court computer system shall be borne by the CustOmer. ATBmay agree to cover these upfront costs and tecover. the costs from the collected revenue in additiOn to its normal fees. 1.3.8 The A.xsisTM VPS system, which provides the CtiStOiner with ability to run and prirtt any and all standatdsystem reports. 1.3.9 Iftequiredby tlw court 01' ptosecutor, ATS sha.ll provide the. Customer With, or train. a local expertwih'tessable to: testify in. Court on matters relating to the accnra<:y, techn1caIoperationsj and effecuve1'tess of the Axsis™ System until judicial notice istakeIl. 1.3.10 In those instances where dam.age to a Camera.System or sensors is caused by negligeltte on the part Of the Customer or it& .allthorized. agent(s); ATS Will provide Customerfln estimate .of the cost of l'epair. Uponauthorizatiol1 to proceed with the repairs or replacement, ATB shall replace of repair any darnagedequipmeilt andirtvoice for the preMapproved repair cost. ATB shall bear the cost to replace or repair equipment damaged in all other circumstan.ces. 1.3.11 ATS shall prdvidea help line to help the Customer resolve any problents encountered regardhtg its Red Light Camera System and/or citation processll1g. The help Iineshall function: dl1tmgnorrrtal business hours. 1.3.12 As part of its turnkey system, ATS shall provide violators with the ability to view violations ortlirie. This online viewing system shall include a . link tq the ATS paymertt website(s) and may. offer. the opporrnnity. to dowrtload an affidavit of non...Uability online. Online obtcdnedaffidavitsj if approved by the court, shall be direc,fed to and processed by ATS and communicated to the Court via the AxsiS VPS transfer deso'ibed abOVe. 2. CUSTOMERSCOPEOFWORK 20 GENERAL IMPLEMENTATION 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 coordii1ate Customer respOl1$ibilities under the Agreement. 2.2.2 Within 7 busllless days of contract execution, the Customer shall pl"Ovide ATS with the name and contact information for a Code Enforcement manager responsible for oversight of all Special Magistrate related program requirements Page 19 of22 2.2.3 The Customer shall make every effort to adhere to the Project Time Line to be agreed upon between the parties. 2.2.4 The Customer an.d A TS shall complete the Project Business Process Work Flow design within 30 calendar days of conrracfsignature. 2.3 TRAFFIC: OPERATIONS DEPARTMENT 2.3.1 If the Customer chooses to mOVe a Cameta System to a new approach after initial installation, it shall pay the costs to relocate the System. 2.3.2 Customer will design, fabriCate, install and. maintain red light Camera warning signs; If Customer cannot provide suth signage, ATS will do soai1d charg~ the costs to the client. 2.3.3 Customer sh.all allow ATS to access power from the existing power sources at no c.o$f at power disconnect breaker boxes tal' the control1etcabinet nearest to each Camera System within the Customer's jut"isdittioi1. The power supply cable for the Call1era operation shall be wired by ATS to utilize a sepatate ci:rcuitbreakel' within tJ:iepower discomtect endosute. 2,3'.4 Insfallc:ttiol1 plro1S artd drawings' will be stamped by a Florida licensed civil engineet. ATS work product and drawings shall be overseen and approved by an ATS PE and such deliverables shall conform to applicable engineering n.otmsartd reflect the details of installation work.to be completed. 2.3.5 The Customer shall app.tove Or reject.ATSsubmitted plans within. 7 business days of receipt 2.3.6 ATS and/or its.subconh'actor will be subject to attaWngall County Right~of;. Way perniit8 necessary for building, tortstruction, sh'eet use, lane closUl'esj apd/ Or pole attaclunent perinits. 2.4 SHERIFF'S OFFICE 2A1 The Sheriff's Office shan execute the ATS DMV Subscriber Services AgreelTIent (Schedule 2) to provide verification to the State Department of Motor VeliicIes, National Law Enforcement Telecorttniurucations System, or ap.propriate authority indicating that ATS is acting as an Agent of the Customer fOr the purposes of accessin.g vehide ownership datapllrsuant to the list of permlssibleuses delineated in the Drivers Privacy Protection Act18 U .s.C.~ 2721, Section (b J (1) and as may otherwise Qeprovided ot requited 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 Ordinances within 3 business days of its appearance in the Police Review Queue, using Axsis™ to deterniine which violatiol1S 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 20 of22 2.4.4 For optimal data throughput, Sheriff's Qffice workstations should be cort.nected to a high-speed in.ternet connection with bandwidth of T-1 or gteater; 2.4.5 TIle Sheriff's Office shall provide signatures of all authorized policetisers who will review events and approve Citations on forms provided by ATS. 2.5 CODEENFORCEMENT 2.5.1 If CllstoIDerdoes not provide payment processing services, Customer shall USe ATS paymel'lt processirt.g services. . The fees for lockbox and e-"paymen t services are included in the stated fee schedule presented on Schedule 1. 2.0.2 Code Enforce111en.tshall provide a judge Or hearing officer and court facilities to schedule and hear disputed citations. 2.5.3 Code EnforceIIlen.tshall provide the specific text required to be placed on the Citatiqn rtotice to be issued by AI'S within 30 calen.dar days'of contract signatin.'e. 2.5.4C:ode Enforcement shall approve the Citation fbl'm within 15 days after receipt from ArB. 2.5.5 Code En.forcernentshall handle inbound and outb01l11d phollecalls, and correspoI1ctence.from defendants. Who. haVe' quesijonsabout disputesi arld other issues relatirt.gto citation adjudication. Code Enforcement may refer citizens withquestiol1sregarding ATS or Axsis technologY' and processes to websitesaIldjor toll-free telephone numbers proVided by A TS for that pUrpose. Arty potential; direct costs to ATS to develOp an interface between ATS and the Special Magistrate system will be paid qy A TS 2.6 PRICING A rs is to furnish. a tur:nl<ey red light camera program based on the following pricing prpposal. the pricing coversallcostsrequired for an.d associated with camera system installation, ntaintenance and on-going field and back-office operations, All fees are disClosed in Exhibit B. Page 21 of22 EXHIBIT B PRICING 08~5132Red Light. Camera EnforcementSystem OptionB - Tiered Fee per Paid Citation (one qatriera l.rearinlaging). This fee schedule redu~~s the incremental cost to the County as the number ofpaid notices increases.. 3rd Tier Fee(A11 other paid notices per day per $17.50 camera) (150+ pet' month) 2IiClTier Fee (Next 2 paid l1()tj.cesper day per $27.50 camera) (n"om9Q;"149per month) lstTierFee (First 3paid notices per day per $47.50 Camera (Le. fu-st89 paidpe:t'month) Iridudes.red light cam.era equipmenHora 4- Iane.:lpproach with up to 2 signal phases, installation, maintenance,. violation pi"ocessing services, Florida DMV reCiords acc::esS, mailing* of 1st n.otice ill color with r.etui"n envelop!;:j mailulg* of 2nd notice, web-payments access, caUcenter support for generalprqgrc:lm quesU()l1s and public awareness program supporc . .. ...... . .. .*CertifiedmaiJ; return receipt requested wjth $3.70 per unit electronic proof of sigrt.aful"e (This .fee is charged per unit a.lid i's in a~dition to postage, which is in.qluCled.1n the above feeJ Ad4ltionil,l Services Applicable to All Offerings Noted Above Pte~collectionLetters. 10% of recoveredtevenue Deli1"lquellt; Collections Services 30% of recovered re~enl1.e ** 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 1 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 22 of22 ~ ACORD@ ~ PRODUCER 877-945-7378 DATE (MM/DDIYYYY) 02/18/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 willis HRH 26 Century Blvd. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED American Traffic Solutions, 7681 E Gray Road Scottsdale, AZ 85260 Inc. , INSURER A: National Fire Insurance Company of INSURERB: National Fire Insurance Company of INSURERC: Transportation Insurance Company INSURER D: Twin City Fire Ins. Co. INSURER E: Hartfo 20478-076 Hartfo 20478-002 20494-003 29459-001 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 BY PAID CLAIMS. INSR DD~~ TYPE OF INSURANCE POLICY NUMBER b2~lf~if,~r,~~ 62f~qr,~~6b'JAA!?N LIMITS LTR NSR A X ~NERAL LIABILITY 2092249865 11/17/2008 11/17/2009 EACH OCCURRENCE $ 1 000 000 -.lL 3MERCIAL GENERAL LIABILITY ~~~~*H9E~~~J';;~nce\ $ 300 000 - CLAIMS MADE [i] OCCUR MED EXP (Anyone person) $ 15 000 - PERSONAL & ADV INJURY $ 1 000 000 - GENERAL AGGREGATE $ 2 000 000 ~'LAGGR~E LIMIT APflS PER: PRODUCTS-COM~OPAGG $ 2 000 000 POLICY X ~f'8;: LOC B ~TOMOBILE LIABILITY 2097360568 11/17/2008 11/17/2009 COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ Jl ANY AUTO I-- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) I-- I-- HIREDAUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) I-- I-- PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ C ~ESS I UMBRELLA LIABILITY 2092249851 11/17/2008 11/17/2009 EACH OCCURRENCE $ 20 000 000 X OCCUR D CLAIMS MADE AGGREGATE $ 20 000 000 $ 8 DEDUCTIBLE $ X RETENTION $ 10 001 $ D WORKERS COMPENSATION 59WEFY0478 12/31/2008 12/31/2009 X I T~~~I~JHs I IOTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1 000 000 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1 000 000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES 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. " 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 DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2009/01) Coll:2620884 Tpl:891823 Cert:1 4875 @1988-200 The ACORD name and logo are registered marks of ACORD Collier County Government, FL 3301 E. Tamiami Trail Naples, FL 34112 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:2620884 Tpl:891823 Cert:12164875 1'6'. 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 I'R. 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) G-140331-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