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Agenda 02/10/2009 Item #16B 5 EXECUTIVE SUMMARY Agenda !tern No. 1685 February 10, 2009: Page 1 of 112 Recommendation to approve award of contract #08-5132 to American Traffic Solutions for provision of a Red Light Running Camera Enforcement System. OBJECTIVE: To gain Board approval of staffs recommended award of contract 08-5132 to American Traffic Solutions (ATS) for the provision of a Red Light Running Camera Enforcement System for signalized intersections maintained by Collier County. CONSIDERATIONS: The contract procedure was initiated on September 26, 2008 when the Purchasing Department publicly requested solicitations for RFP 08-5132 "Red Light Running Camera Enforcement System." Inquiries were sent to 181 vendors; of that number, 6 vendors requested the full RFP package and attended the mandatory pre-proposal meeting. Those 6 vendors submitted proposals by the due date of October 22, 2008. A five-member RFP selection committee approved by the County Manager reviewed the submissions, and on November 19 and 24, 2008 in public meetings discussed and ranked the proposals. By consensus, the following firms were ranked as: 1) American Traffic Solutions 2) ACS State and Local Solutions 3) Redflex Traffic Systems 4.) RedSpeed Florida 5.) Gatso USA 6.) Traffipax, Inc. Traffic Operations staff requested that the Purchasing Department pursue a negotiated agreement with the top-ranked vendor, American Traffic Solutions. FISCAL IMPACT: The contract provides a positive funding source to the County by the distribution of citations and collection of fines for violations of the County's Red Light Running Ordinance. This revenue source is not use restricted and funds collected through the contract will be deposited within the General Fund (001). Maintenance, operation and timing of traffic signals and funding for intersection capacity improvement projects are generally budgeted in Transportation Operating Fund (101) which is funded primarily from a General Fund (001) transfer. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a majority vote for approval, and is otherwise legally sufficient for Board action.-SRT RECOMMENDATION: That the Board of County Commissioners approve the award of Contract 08-5132 to American Traffic Solutions, authorize the Chairwoman or her designee to execute the attached contract, and authorize any necessary future budget amendments related to disbursement of funds collected through this project to the General Fund (001). Prepared By: Attachment: Robert W. Tipton, P.E., Traffic Operations Director Negotiated Red Light Running Camera Enforcement Agreement 08-5132 with American Traffic Solutions (A TS) Page lof2 Agenda Item No. 16B5 February 10. 2009 Page 2 of 112 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1665 Recommendation to approve award of contract #08-5132 to American Traffic Solutions for provision of a Red Light Running Camera Enforcement System. Meeting Date: 2/10/2009 900:00 AM Prepared By Robert W. Tipton, P.E. Traffic Operations Director Date Transportation Services Traffic Operations 1/9/20095:40:43 PM Approved By Robert W. Tipton, P.E. Traffic Operations Director Date Transportation Services Traffic Operations 1/9/20095:49 PM Approved By Brian Hancock Operations Support Manager Date Transportation Division Transportation Administration 1/12/20098:11 AM Approved By Barbara LaPierre ManagemenUBudget Analyst Date Transportation Services Traffic Operations 1/12/20099:35 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 1/13/20098:45 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1/13/20091:11 PM Approved By Norm E. Feder, Alep Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1/14/20097:46 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 1/26/20094:53 PM Approved 8y Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 1/28/20091 :34 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/28/2009 1 :39 PM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 1/28/20092:11 PM fi le:/ /C :\Agenda Test\Export\ 123-F ebruary%20 10, %202009\ 16.%20CONSENT%20AG END... 2/4/2009 Page 20f2 Agenda Item No. 1685 February 10. 2009 Page 3 of 112 Approved By Mark Isackson Budget Analyst Office of Management & Budget Date County Manager's Office 2/2/20091 :27 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/2/20094:31 PM file://C:\AgendaTest\Export\ 123-February%20 1 0, %202009\ 16.%20CONSENT%20AGEND ... 2/4/2009 J" Agenda Item No. 1685 February 10, 2009 Page 4 of 112 A c S. RECEIVED jAN 1 3 2009 ""'''':ll'MlINO DEPT. January 12, 2009 Mr. Stephen Y, Carnell, CPM Purchasing and General Services Director Collier County Purchasing Building G 3301 Tamiami Trail East Naples, Florida 34112 Dear Mr. Carnell: ACS, State and Local Solutions, Inc, (hereafter ACS) pursuant to Collier County purchasing policy Section XVIILC is filing a formal protest challenging the proposed contractual award set forth in Notice of Intent to Award (hereafter Notice) posted on January 6, by the respondent, State of Florida, Collier County Purchasing Department (hereafter CPD) regarding RFP Number # 08.5132 (hereafter RFP). In accordance with the applicable rules and statutes, ACS hereby requests a formal administrative proceeding to review the proposed contractual award and to address the disputed issues of material fact raised by this petition. Before we address our basis for protest, we want to make it clear ACS has been very pleased with the professionalism and attitude of the Collier County Procurement Department and Selection Committee. We want to thank the Purchasing Department for the timeliness of their responses to the majority of our requcsts for public information and their exemplary conduct through the procurement process. Our basis for protest is not intended to reflect on the integrity or professionalism of the Purchasing Department or the Selection Committee. The basis for the protest is in specific material facts represented to the Selection Committee and the Selection Committee grading criteria which were all incorrect. In addition the Selection Committee following the grading criteria continued the procurement process although some of the cn.ors were not sufficiently conected upon determination of the errors and other errors do not appear to have been detected by the Selection Committee or the CPD. These procurement issues re,mlted in errors and inconsistencies in the grading process and therefore the procurement proccss should be repeated. In support of its Petition, ACS states as follows: GENERAL ALLEGATIONS Government Solutions 1800 M Slreel NW' Washington, DC 20038 202.378.2800' 202.378.1800 (fax) Agenca Item No. 1685 Febrcary 10, 2009 Page 5 of 112 1) The names and addresses ofthe agencies affected by this petition are as follows: a. Collier County Purchasing Department, Purchasing Building "G", Collier COlmty Government Complex, 3301 Tamiami Trail East, Naples, Florida 34112 b. Collier County Traffic Operations, 2885 S. Horseshoe Drive, Naples, FL 34104 c. Collier County Code Enforcement, 2800 N. Horseshoe Drive, Naples, FL 34104 2) ACS is authorized to do business in Florida and has extensive experience in the development and implementation ofred light running camera enforcement systems throughout the United States. ACS is a recognized national leader in the provision of the types of services sought in the RFP. 3) ACS State & Local Solutions, Inc. is the protesting party with headquarters located as follows: ACS State & Local Solutions, Inc., 1800 M Street NW, Floor 8, Washington, DC 20036 4) CPD e-mailed the Notice on January 6, 2009 (attached hereto as Exhibit A), advising proposers of its recommendation to award a contract pursuant to the RFP to "A TS" "A TS" is defined as American Traffic Solutions, Inc. (hereafter INC) and, as a result, the notice appears to provide for a proposed award to INe. 5) On January 6, 2009, ACS timely submitted its Notice ofIntent to Protest to CPD. 6) On January 6, 2009, ACS received a facsimile confirmation from the CPD acknowledging CPD's receipt of ACS' protest. (Attached hereto as Exhibit B) 7) The notice of intent to protest and this petition for Formal Administrative Hearing have been timely filed in accordance with the provisions of Section XVIIl.C and Section XVllI. D Collier County Purchasing Policy. 8) Because ACS timely submitted a responsive proposal to the RFP and because it was ranked as the second proposer, its substantial interests would be adversely affected by CPS's proposed contract award. Accordingly, ACS has standing to challenge the proposed award. 9) The level offunding supporting this contract award from the Collier County government is guided by county and state law. As such, certain mandatory requirements, regulations and laws are applicable to this procurement. Tbe RFP 10) On or about September 26,2008, CPD issued the RFP, which solicited proposals for a "Red Light Running Camera Enforcement System" (hereafter RLRCES), attached hereto as Exhibit C and in possession ofCPD. 11) The RFP requires the successful proposer to design, develop, implement and maintain the RLRCES subsequent to the award at a time to be detelmined by the CPD. 12) Section 11, instructions for proposal at subsection L provides "Proposal Selection Committee and Evaluation Factors". The Selection Committee, as stated in the RFP, is to be appointed by the County Manager. 13) This RFP section also lists ten (10) specific factors that the appointed evaluation committee is to use during the evaluation of the proposers who timely submitted proposals. The ten (10) factors and corresponding point values are listed below: GRADING CRITERIA VALUE . Services Provided in Magistrate Hearings 18 Agenda Item No. 1685 February 10. 2009 Page 6 of 112 . Experience in Providing Red Light Running Enforcement Services 9 . Quality oflnvestigative/ Analytical Team for Camera Placements 9 . Equipment and Cormnunications Utilized in Violation Data Collection 9 . Services Provided in Law Officer Review Process 9 . Form and Format of Public Notices to be sent to Violators 9 . Services Provided in Notice and Collection Tasks 9 . Aesthetics of all Street Equipment 9 . Extraneous Traffic Data Provided During Operations 9 . Local Vendor Preference 10 Total Points 100 14) This RFP specifies that all proposers are to submit a response no later than October 22, 2008. Evaluation of the Proposals 15) On or about October 22, 2008 six proposals were submitted in response to the RFP. INC and ACS submitted two of the proposals with the remainder of proposals submitted by Gatso, Redflex Traffic, Red Speed FI, and Traffipax. Ultimately INC was ranked first and ACS was ranked second RedF1ex Traffic, third, Redspeed F1 fourth, Gatso Fifth and Traffipax sixth place. A copy ofCPD's bid tabulation sheets are attached as Exhibit D. The point differential between INC and ACS was only 3 points out of a possible 30 points, with the next competitor being 5 points behind ACS. These rankings and their corresponding evaluations were, however, improper under the terms of the RFP and CPD's policies as expressed in the purchasing policy of Collier County and should have resulted in ACS being ranked the first proposer. The improper rankings and evaluations arise from: a. Incorrect reporting of facts regarding the reference survey process i. A statement was made during the Selection Evaluation Committee meeting on 11/19/08 by a member of the selection committee and the purchasing agent Brenda Bri1hart that none of ACS references returned the past performance surveys. This comment was made immediately before the Selection Committee scored all of the vendors; 1. After a public information request by ACS, the County realized they had made an error and that no survey requests were sent to ACS references during the procurement process. n. To correct the problem, on 11/20 the County allegedly sent out seven surveys to our references on 11/20 and scheduled another Selection Committee Meeting for 11/24/08. 1. Two of our references immediately returned the surveys; a. The County alleges that an additional five references were sent out on 11/20; b. We have contacted the five non-responsive survey references; i. These clients have told us that they did not receive the request from the County on 11/20 or subsequently after; Agenda Ilem No. 1685 February 10 2009 Page 7 of 112 11. Our references were in alphabetical order and the two references that were received were the 151 two references on our client list; iii. The technical process for sending out these additional five references may have failed and that these five reqllests for references were not actllally sent to our clients; 1. a public records request for paperwork evidencing all seven reference requests is sti 11 outstanding; 2. If more than two references had responded with positive comments, the Selection Committee may have evaluated ACS differently; 111. The reference information was presented at a 2nd Selection Committee Meeting on 11/24. The Committee was informed by Ms. Brilhart they had the option to re-score and re-rank the vendors. 1. The information given to the Committee on 11/19 about our lack of references impactcd the scores given to the ACS proposal in all categories. 2. The County attempted to correct the problem on 11/24, however the statement that the option to re-score and re-rank vendors was insufficient for the underlying error. The perceptions by the Committee were already established and the instruction conflicted and or minimized the need to hold a second Selection Committee. b. Bias by some of the evaluators; i. The information given to the Selection Committee on 11119 about our lack of references biased the entire evaluation process and impacted the scores given to the ACS proposal in all categories. 1. This fact impacted the evaluation committee as initially it appeared that none of ACS' references were willing to complete past performance surveys; 11. The CPO attempted to correct the problem on 11/24, but the suggestion to re-rank and re-score was insufficient to address the perceptions previously formed by the Selection Committee regarding the prior incorrect statements of fact. c. Evaluator's failure to properly and consistently apply the evaluation criteria to all vendors; i. Instructions to vendors on price to the County were not clearly defined in the RFP which resulted in inconsistencies in vendors pricing. The instructions on Tab III Costs to Services to the County only stated "Provide the normal fee or percentage offines collected for which your firm will provide the work described in the RFP" 11. The evaluation criteria on the scoring sheets did not match the criteria on page 20 and page 21 of the RFP (criteria provided above). Cost was an evaluation criteria on the ranking sheets, but was not a criteria in the RFP (see actual evaluation criteria below) Agenda Item No. 1685 February 10, 2009 Page 8 of 112 1. Given the fact that one of the evaluation criteria for the Selection Committee was based price, vendor instructions needed to be provided on Tab III lll. INC, the #1 ranking vendor, included the cost of certified mail as an extra fee of $3.70 per certified mailing of 1st citation and an extra fee of $3.70 for certified mail of the 2nd unpaid citations. INC's service approach pricing has many unknowns and cannot be compared to other proposers pricing submissions; 1. Most of the evaluators ranked the INC pricing proposal higher on price since their price appeared lower than other proposer prices. d. Improper or non-application of the RFP evaluation criteria; i. The evaluation criteria on the scoring sheets did not match the criteria found in page 20-21 of the RFP. Cost was an evaluation criteria on the ranking sheets, but was not a criteria in the RFP; 11. Selection Committee did not adhere to the following RFP language but used a different grading criteria with a different point scale; 1. As previously stated, the County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. While the County believes all these items to be of importance, they are ranked and points applied in descending order of importance. lll. ACS received via a public records request, the scoring sheets that were entered by the selection committee. The RFP based the selection on the following information: GRADING CRITERIA . Magistrate Hearings . Red Light Running Enforcement Services . Investigative! Analytical Team for Camera Placements . Equipment and Communications Utilized in Violation Data Collection . Law Officer Review Process . Form and Format of Public Notices to be sent to Violators . Services Provided in Notice and Collection Tasks . Aesthetics of all Street Equipment . Extraneous Traffic Data . Cost Proposal . Local Vendor Total Points VALUE 20 10 10 10 10 to 10 10 10 10 lQ 120 IV. The County had a requirement for certified mail of each mailing- 1. The instructions for price in the RFP should have clearly indicated that the pricing should be either inclusive of the certified mailing requirements of the 151 and 2nd mailings in the base price to the County not as an additional cost or that the pricing should not include the pricing for certified mailing requirements; Agenda !Iem No. 1685 "sbruary 1 O. 2009 Page g of 112 2. ACS provided an all inclusive price to the County that included certified mail for the 1 st and 2" mailing. e. The Evaluators failure to follow the requirements of: the RFP; county, state and federal law; and CPD's evaluation policies as stated in the purchasing policy, when evaluating the proposals; i. The scoring sheets indicates that price was included in the scoring and the overall scoring does not correspond to the RFP scoring. 1. There was no standard for presenting price regarding this RFP as pricing, per the RFP evaluation criteria, was not to be evaluated. Therefore without a standard for pricing any comparison of price would be subjective and not objective 2. The RFP should have clearly stated evaluation points were to be given for price if the Selection Committee was instructed to provide a score on price f. If the mistakes in evaluation of the proposals had not been made, ACS would have been the highest ranked Vendor. As it stands removal of the cost portion of the grading alone, without addressing the bias or inconsistency issues, results in INC having 25 points and ACS having 24 points but with ACS having the most first place rankings. DISPUTED ISSUES OF MATERIAL FACT I) Whether a compliant cost proposal was submitted by INC; Irregardless of the fact that grading of cost was performed by the Selection Committee, INC did not include pricing that was compliant with the Collier County Ordinance 2007- 44 Article 4 Section 9. Section 9(1)(a) requires at a minimum (unless otherwise excepted) that all notices to be sent via certified mail. INC's provided pricing placed certified mail as an optional feature and did not include the associated costs in their proposal price. Therefore, INC's pricing proposal was inconsistent with regulations, submitted in their proposal response without meeting statutory requirements and not specifically calling out this exception, and therefore inconsistent with other bidders pricing methods in the Proposal. 2) Whether the evaluation process leading to the proposal contractual award was fair. obiective and consistent with the provisions of the RFP and state or federal law; CPD erred in not requesting past performance surveys of ACS' other customers. CPD also erred in the miscommunication regarding these surveys, whereby CPD indicated that it was ACS' customers and not CPD's error, to the Selection Committee just prior to evaluations. These errors created an unfair situation, whereby the correction did not alleviate the mistake and the evaluations as a result were not objective and the evaluation was inconsistent with the provisions of the RFP. Agenda Item No. 1685 February 10. 2009 Page 10 of 112 At no point was the error recognized by CPO as being a source for bias and therefore subsequent correction of the Material Error by the CPO, as previously stated, was insufficient to address the bias already developed in the minds of the Selection Committee. The correction was in the form of a statement that an error was made and CPO mentioned that the Selection Committee members could re-score and re-rank if they felt it necessary. In addition, pricing, which was not clearly defined in the RFP and not a grading criteria according to the RFP, was also a factor that the Selection Committee used in evaluating the submitted proposals. This evaluation was unfair and not objective since the RFP did not contain any specific criteria outlining the price requirements that would result in fair and comparative pricing competition between proposers. Furthermore, this grading was inconsistent with the RFP requirements as pricing became a purely subjective criteria when pricing is typically a very objective criteria in red light running camera system procurements. 3) Whether the evaluations were conducted consistent with the RFP. state and federal law: According to Florida Statutesg 287.057(1)(0) "...An invitation to bid shall be made available simultaneously to all vendors and must include a detailed description of the commodities or contractual services sought; the time and date for the receipt of bids and of the public opening; and all contractual terms and conditions applicable to the procurement, including the criteria to be used in determining acceptability of the bid...." From the language of the above statute and the RFP language itself, the Selection Committee did not follow the stated RFP evaluation committee criteria. In addition, there was no addendum provided to Proposers stating the RFP criteria was being modified, and there was no opportunity provided to the Proposers to modify proposals if such an addendum would have been issued. Finally, the RFP did not have a detailed description of, at the very least, the pricing requirements and the method in which the pricing information should be presented to the Selection Committee. As a result, the proposers were evaluated with an additional category and with different point scores than originally intended. The newly added cost category was insufficiently defined so that it was a subjective determination without a fair and ohjective criteria for evaluation. 4) Whether the evaluators consistentlv applied the evaluation criteria: The Selection Committee did not consistently apply the evaluation criteria to vendors. By example, a review of the scores by Selection Committee members, specifically the Magistrate Hearings evaluation category, illustrates that members rated "Gatso" in particular with a 0, 1, 12, 15 and 20. This range of scoring with two members of the Selection Committee grading Gatso with no score and another member giving Gatso a perfect score clearly illustrated a lack of consistent application of evaluation criteria. Agenda item r'~o. 1685 February 10, 2009 Page 11 of 112 Similar issues were found across the various categories between the Selection Committee members. The Selection Committee members on multiple categories evidenced many scores containing both a near perfect and near failure score given to the same vendor. Although personal preference can reflect in variances of scores, the fact that the same vendor can have a perfect and a zero score for the same category demonstrates that there was a lack of consistency in the application of the evaluation criteria in the selection process. If the criteria were consistently followed, then there would be a grouping of scores around a baseline score with personal preference modifying each prposers evaluation score. A perfect and failure score, ACS maintains, is conclusive evidence that the evaluation criteria was not consistently applied in the selection process. In addition, the review of the scoring forms presented by the Selection Committee showed that two different forms were used to record the evaluation of the proposers. One evaluation form allowed the Selection Committee member to see almost all vendors simultaneously while the second form placed all vendors on separate sheets. The visual representation is an inconsistency that can change a Selection committee members perception of score comparison relative to the members who used the other forms. Therefore one member of the Selection Committee applied the criteria in a different overall method. This fact should have been removed by having all Selection Committee Members score on the same type of form. It cannot be determined at this time if a collective ranking of each proposer by the Selection Committee is standard practice. The cvaluation criteria section of the RFP made no mention of this aggregation, however ACS cannot address whether this fact at this point in time is consistent with CPD Selection Committee practices. 5) Whether the evaluations were conducted in a fair and obiective manner consistent with the goals of a competitive procurement: As pointed out above, the statements regarding the lack of ACS' past performance surveys when determined to be a CPD error created an unfair and non-objective procurement process. The steps taken to remove this error and the bias were not sufficient to address the presence of the bias and create an objective procurement process. Indications that the attempt to correct the error was insufficient can also be seen by the fact that only one member of the Selection Committee considered their scores and ultimately adjusted their scores in response to this correction. Additionally, the overall scores were based on criteria not present in the RFP with one of the categories, the cost category, vague and with little in requirements to provide pricing that can be objectively compared from one proposer to another. Agenda Item No. 1685 February 10, 2009 Page 12 of 112 6) Such other matters relating to the merits of the proposals. the above mentioned issues in the material facts and the resulting evaluations as mav be appropriate for consideration in a formal protest; ISSUES OF LAW 7) The issues oflaw involved in the proceeding include but are not limited to i. Whether CPD's proposed award to INC is clearly erroneous, arbitrary and capricious, contrary to competition, inconsistent with the specifications and criteria set forth in the RFP and/or the applicable federal or state law; Conclusion The Procurement process contained the above mentioned issues including but not limited to the material factual discrepancies, inconsistencies in the procurement process and also the provision of incorrect material information to the Selection Committee prior to evaluations. These procurement issues resulted in errors and inconsistencies in the grading process, bias, unfair and non-objective grading. ACS is requesting that the County terminate negotiations with INC and re-issue the RFP for Red Light Running Camera Enforcement System and to correct the deficiencies in the process and the RFP language on price. The information presented above is to the best of the signatory's Imow1edge and belief based on a reasonable investigation to the answers of the issues presented. Sincerely, I } IfI-/l! I. ~i' II- I( i I r .' I I I ,I James Haddow J . Associate Corporate Counsel ACS State & Local Solutions, Inc. Agenda Item No. 168.5 February 10, 2009 Page 13 of 112 EXHIBIT A Agenda Item No. 1685 February 10, 2009 Page 14 of 112 From: BrilhartBrenda [mailto:BrendaBrilhart@colliergov.net] Sent: Tuesday, January 06, 2009 11:28 AM To: Diorio, Joanne; pete.cuccaro@atsol.com; pricilla.trevino@redspeed-iIIinois.com; dan.foglton@traffipaxinc.com; p.kur2@gatso.com; Lee Buckels Subject: Recommendation to Award RFP 08-5132 Red Light Running Camera Enforcement System FYI - Notice of Recommended Award Award ofa Contract will be made by the Board of County Commissioners (BCC) in public session. The BCC meeting begins at 9:00 a.m. and is held on the 3rd Floor of the W. Harmon Turner Building (formerly Building F). The recommended awards are as follows: Board Date Bid Number Title Awardee 1/27/0908-5132 Red Light Camera Enforcement System ATS Please call me with any questions, thanks Brenda Brenda Brilhart Purchasing Agent Collier County 3301 Tamiami Trail E. Naples, Florida 34112 (239) 252-8446 (239) 252-6697 fax www.collierqov.net/purchasinq Agenda Item No. 16B5 February 10, 2D09 Page 15 of 112 EXHIBIT B Jon-OS-OS 11:06 F rom-Co I liar County Purcha.ina Z6S m 0844 T-70JlgElhonlAIll4n ~"'Z4i3B5 February 1 0, 2009 Page 16 of 112 Co~r Cou.nty ~ ~- - ~ Purchasing Department Fax No. 202-378-1800 January 6, 2009 Mr, James Haddow, Jr. Associate Corporate Counsel ACS Government Solutions 1800 M Street NW Washington, DC 20036 RE: RFP 08-5132 Red L.ight camera Enforcement System Dear Mr. Haddow: We are in receipt of your letter dated December 3D, 2008, of your intent to protest the above contract award. I have attaohed a copy of the County's protest policy. Under Section XVIII.C of the Collier County purchasing policy, your formal protest is due five (5) business days from the date of the initial posting of the recommended award. Please submit your formal protest in acoordance with the protest policy by 5:00 p.m. on Tuesday, January 13. 2008. Should you have any questions, please contact myoffioe. Sinoerely, 2Mn f{J' GJIf!! Steve Carnell, Purchasing/General Services Director Purchasing Building G, 3301 Tamiami Trail East, Naples, FL 34112 Tel: 239-252-8407 Fax: 239-252-6580 Web address: www.eolliergo\l.netlpurehasing Jil11-06-09 11 :03 From-Coil i.r County Pur,ha'ina 239 732 0644 T-701\geM~(ggA-, IJS.24tB5 February 10, 2009 Page 17 of 112 XVIII. PROTEST OF BID OR PROPOSAL AWARD The purpose of this section is to accommodate legitimate protests concerning formal competitive invitations and recommended contract awards above the competitive bid or proposal thresholds prior to award of contract by the Board of County Commissioners. A. Any actual or prospective bidder or respondent 10 an Invitation fDr Bids or a Request for Proposals, who alleges to be aggrieved in cDnnectJon with the solicitation or award of a contract, (hereafter referred to as 'the protesting' party") may protest to the Purchasing Director, who shall serve as the sole recipient of any and all notices of intenl to protest and all formal protests. B. All formal protests with respect to an Invitation for Bids or a Request for Proposals shall be submitted to the Purchasing Director in writing not less than four hours prior to the opening of bids or the closing time for acceptance of proposals. The Purchasing Director, in consultation With the contract manager, shall have the authority to address all such protests received under subsection B and to determine whether postponement of the bid opening or proposal closing time is appropriate. The Purchasing Director's decision shall be considered final and conclusive unless the protesting party files a subsequent formal protest of the recommended contract award as described under this section. C. Any actual or prospective bidder or respondent to an invitation for bids or a Request for Proposals who desires to formally protest a recommended contract award shall submit a notice of intent to protest to the Purchasing Director within two (2) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. D. All formal protests with respect to a recommended contract award shall be submitted in writing to the Purchasing Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Purchasing Director. The formal protest shall contain, but not be limited to the following information: 1. Name and address of County agency affected and the bid number and title. 2. The name and address of the protesting party. 3. A statement of disputed issues of material fact. If there are no disputed material facts, the written leller must so indicate. Jao-06-0S 11 :03 F rom-Co I I ior County Pur,ha'in. m 732 0144 T-T03Aglldl.l&'P,QAn 1'1k24$6B5 February 10, 2009 Page 18 of 112 4. A concise statement of the ultimate facts alleged and of any relevant rules, regulations, statutes, and constitutional provisions entitling the protesting party to relief. 5. A demand for the relief to which the protesting party deems himself entitled. 6. Such other information as the protesting party deems to be material to the issue. E. In the event of a timely protest of contract award consistent with the requirements of this section, the Purchasing Director shall not proceed further with the award of the contract until all appropriate administrative remedies as delineated under this section have been exhausted or until the Board of County Commissioners makes a determination on the record that the award of a contract without delay is in the best interests of the County. Neither the protesting party, their agents or their representatives shall have any private contact Dr discussions with individual County Commissioners or any independent hearing officer (where applicable) regarding the protest prior to the protest being heard or reviewed by either of the aforementioned unless requested to do so by the Purchasing Director. F. The Purchasing Director shall review the merits of each timely protest and in consultation with the contract manager, issue a decision stating the reasons for the decision and the protesting party's rights of appeal under section XVIII. Said decision shall be In writing and mailed or otherwise furnished to the protesting party. The decisiDn of the Purchasing Director shall be final and conclusive unless the protesting party delivers a subsequent written objection to the Purchasing Director within two (2) calendar days, excluding weekends and County holidays from the dale of receipt of the decision. G. In the event of a subsequent objection pursuant to subsection F, the County Manager shall have the discretion to appoint an independent hearing officer to review the facts relevant to the protest. The appointed officer will have a maximum of 60 days to schedule and conduct a hearing into the matter and issue a finding of fact and a opinion in writing to the County Manager for submission to the Board of County Commissioners. Prior to commencement of the hearing, the protesting party shall be required to post a cash surety in an amount equal to one (1) percent of the using agency's estimate of the contract amount or one-thousand dollars ($1,000), whichever is less. Should the Hearing Officer find in favor of the County, the protesting party shall forfeit the surety as partial payment for undue delay. Otherwise, the surety will be returned to the protesting party. H. In the event that the protest cannot be resolved by mutual consent, the matter will be referred to the Board of County Commissioners for final resolution. Jan-D.-De 11 :03 From-Col lisr County Purchaslnr m m Oe44 T-7~gelP::PJl4@lA N5~2-MB5 February 10,2009 Page 19 of "112 '"-, I. Failure to fife a formal protest within the time and manner prescribed by Section XVIII shall constitute a waiver of the right to protest by any protesting party as defined by subsection A of this section. Agenda Item No. 1685 February 10, 2009 Page 20 of 112 .--. EXHIBIT C . . Agenda It9m 1"0. 1685 February 10, 2009 Page 21 of 112 I Selection Committee Mi~eCOnYening) Date: Noyemb r 008 RFP # 08-5 2 "Red Light Running Camera Enforcement System" The meeting began at: c.I' 6 1... a.m.~ The meeting included the Selection Committee members (Attachment "A") and members of the public (Attachment "B") There were "" proposals discussed, as listed in the Tab Sheet (Attachment "C") After discussion and scoring of the proposals by the Selection Committee members, an opportunity for the members of the public to speak was gi Yen. Comments were made by 5 people, as listed: 1. 2. 3. 4. 5. 6. Additional items of discussion: -s..,,,,Q.f\I\..f M~ \=:.a..u. Cv..c C-C.<v. -A\"" . ,.. , ~~r':',.,: L...u. Ib" Co ~ &d_ ,r -4 (.( PL~ - AT".. - o,..cS -Au (:"~ ~: 10- '-\' 1\ 4:11. ,,/;1,/- '-!IS',_ 1./'1(",_ Following the public comments, the final rankings for each firm were determined. (Attachment "D") By consensus, the Selection Committee chose to: 1. 2. / shortlist the following firms (Attachment "D") request prescntations from the following firms: 1. 2. 3. 4. Other consensus decision: The meeting was adjourned at '+'.1; '> Submitted by:b..,~ ~ a.m@ Title: '~4cJ,) V""') '~ l!)Q)(\,l mo~ -o~ I~ o ~~ ~~ "'...... -g....... Gl- :t ! I, N :E~ a: '9 tr~ ~lX a:o ~8- :Ed: ~.. z$! ~i c( :l a:C" ~a: ... .c ~ "0 CIl ~ ~6 ~J 11. O(!) ~w (V\ ..J- cJ \ 11 ::<><:0: CD ::)~8 N (i '-" . .- .. - - -- <no:<n - rJ) 9 a ~ ~~ <Xl :52 ::< o..Z ::) 11." ~ - - zOco - - - rJ) @ ~ r...... i? ~(!) Uz ",Y ,~.> "s <Xl - 'J ::; \<: .l!l =U.L. a. z UJ ZO""'~ - - - >- - - (f) ... ~~ @ @) c CIl S CIl ::; o..Z - 1~ ::) 11.. <( - - zOoq-O: - - wrJ) $ <~ @ ,,@) c r~ ~ . ....' o..z c 15~ <( - 0 ",0: - - - r~ - ~~ ~' '~ :@ ,IE) '.- C to 0..2 C ~u.'Cz ::s - ZO~~ - - - - ~ o:~~ ~ @ @ w :5z <Xl - ::; \<: ::)u.o..z - ZO~~ - - ~ rJ) ::; 0: " u: ~ u: 11. '0 0 fo- " x ~ ~ w 0 " ::; ~ u: <n <n '" -= <( ~ 1ii '0 '0 <u z " Gl (!) 0: 0: ~ . " z S2 z ~ ...J <( z u:: w w 1= ::;: :::! o t) z o l- t) W ...J W 00 :::! cr u. ,.I' '- \ ~ I- 00 cr u:: . ~ .r Q) N - <1l Cl - ,.. :,,,, ~" \ '-.l '~ <::t \!J U Cl Z o t) w .00 ~ 0> !:!2.,& ~~ ;;:e >-- .a'" o>Gl " ~ :;:.Q ~.9 ~- ~~ .,<: c...Q) '0<: " ., 0<: lil;' ",,0 <:'0 " ., ., " .,.- . E ~ iii .E a; 8.'0 ~.!!l <D ~ ~" x'C 'i7i 0 >-0> ,0 " g~ :i::ii " ~ ~(ij Q) ,5 ,,- ., ., o..~ u - <:0 i6'Q) ".oJ CJ).S " 0 '::;'0.. :g.~ -~ "5~ E 5 >-- ,0>- '0,0 .,0> " " 'E :i: ~ " " ., Q)~ '0 " '" ., ';no.. o"E ".- "'~ 0>'<:: " " :.:2 ca" en " - ., '0 ., c:c:o .,- UjCli~ ~ c';:: Zo'o g 0.'" . ATTENDANCE . SHEET Agenda Item No. 1685 February 10.2009 Page 23 of 112 SELECTION COMMITTEE MEETING (Reconvening) Date: November 24, 2008 RFP # 08-5132 "Red Light running Camera Enforcement System" YOUR NAME: e.l.~A~~ e R! N I .;;:5cn:~.a/J!LRJ}!(}fflf/ YOUR NAME: ft)k"v) Jht.1/ .{ c- 5 ftCS;; Company Name Company Name c:l -3 DO k, !J ffI y n Co il1fJl"{5 J () r.C Mailing Address Tc&-.PohCr-s~eFL.J 5:13/:2.- City, State ZIP. Telephone: (k..sD) .:)0 I - /83('") /6 '00 /11, J iyv./ Mailing Address W<1vh in; hn . {)( H'OJl, City, State ZI I Telephone: (z.." ~ J) F - 2. 6) 6 FAX Number: ( ) FAX Number: ( ) Email address: ,:'5i.li:(fl"lnl. (Y]Qrtj n((ftlOS- i.lcEmail address: eJ/J-Al.J'Il.-II ~ ac.r-':"Ci Co",? ********************~************* YOUR NAME: ~ Ge-Cvlri) YOUR NAME:-=s.....,,^ ~,C>"r-..,I:) M- I Company Name 7()'II6"R-rh Mailing Address ):;offdr:- k /J2- P-"Jeo City, State ZIP ~L~ Company Name ~""-,, ~...~.."... '-":I '''~,. ~ I' Mailing Address ~ ,-,r ...~~ '--~ ~" City, State ZIP , ~o,,~ Telephone: <..192....} 7b.5 II J 7 FAX Number: (f.90) CCll-o'1or Email address:;:?crt!..cvcc<<..f1JP~-h./.CM? I Telephone: (~)",~. S \.\\,~ FAX Number: () eJ Email address:~o....I..~.~.C>\~.Cl I;)...~- '''~ \..0...... . . Agenda Item No. 16B5 I t~ri1''f1!~11J.-?-fj09 ~Ql(.,:.~Ta12 RFP #08-5132 "Red Light Running Camera Enforcement System" SCORING FORM ACS ~T5 Re~ Recl. - NAME OF FIRM. Sfeecl (\ flej. I (drrrf'~x Magistrate 15 Hearings IS cJO \8 \5 20 Points Red Light Running - Enforcement Services \0 10 10 5 :J 10 Points Investigative/Analyti c Team for Camera 5 S 5 5 5 Placements 10 Points Equip. & Commun. Utilized in Violation 'S 5 5 5 5 Data Collection , i 10 Points , Law Officer Review ~I =r Process \'0 10 S 10 Points ! Form & Format of Public Notice sent 10, 10 IQ 0 S to Violators 10 Points ! Services Provided 81 of Notice & '2 =r 5 5 Collection 10 Points Aesthetics of all St. 5 Equip. 5 :) 5 5 10 Points Extraneous Traffic 51 5 Data 5 5 5 10 Points Cost Proposal 21 10 Y- 5 '1 10 Points Local Vendor 21 0 b 0 0 10 Points , TOTAL 120 Points ~1 D)5 8~ bO 57 Date Y- :? ~d (let/. <) 5- Trcr"ffr<7< ,~ G~So 11_ \~-O~ 1I-)'t--o'8 I Ai$ PI Cf ~"\.C"d ,f" p,-\ . i . . Ie", tkn~l~ \ l. Selection Committee Member's iignature RANKING FIRST PLACE SECOND PLACE THIRD PLACE f'l. . i -I RFP#08-5132. "Red Light Running Camera Enforcement System" . r SCORING FORM i I Agl~nd2)i~1' No. 16B5 1..,r;t.J1r~i?i!2009 Page 25 of 112 , NAME OF FIRM Gel-50 Magistrate Hearings ) 20 Points Red Light Running Enforcement Services - ::J 10 Points Investigative/Analyti . c Team for Camera 5 Placements 10 Points r Equip. & Commun. 5] Utilized in Violation Data Collection 10 Points i Law Officer Review Process 0 10 Points Form & Format of Public Notice sent 0 to Violators 10 Points i Services Provided i of Notice & I ~ Collection I 10 Points I , Aesthetics of all St. Equip. S 10 Points , I Extraneous Traffic Data 5 10 Points Cost Proposal 5 10 Points Local Vendor 10 Points 0 TOTAL 120 Points 3~ , RANKING FIRST PLACE SECOND PLACE THI~E . l2(\d HrrJ~U Seleclion ommlttee Member's Signature , i ~ 1- /9/06 Date -I RFP #08-5132 . · "Red Ligiht Running Camera Enforcement System" Agenda Item No. 1685/ F"tJr~rv 10..,1q09 IIP~(~~ 12 I SCORING FORM ~ I ') ?L i ( ."), Jcs I #TS C:dt'-f-SD I&cf:I:h f i& d Sf;fQ. .J NAME OF FIRM I I , , Magistrate. 1f'1 0 If Hearings ;0 It 20 Points I . Red Light Running { Enforcement Services I, q 7 g 10 Points Investigative/Analyti 91 c Team for Camera 9 ( 7 7 Placements 10 Points Equip. & Commun. ( Utilized in Violation q 7 ~ 7 Data Collection 10 Points Law Officer Review I ( 7 4- Process 1 10 Points Form & Format of { Public Notice sent 9 7 .-; ~ to Violators 10 Points Services Provided of Notice & ( ( ? /0 Collection ~ 10 Points Aesthetics of all St. 9 S Equip, r ~ ?? 10 Points Extraneous Traffic OJ ) 5 Data g ~ 10 Points Cost Proposal /D I ~ '7 7 5' 10 Points I . Local Vendor 0 D 0 0 0 10 Points TOTAL 120 Points '1541 7u (I 71 f<) i 1~j.~ cgpP03~ fir:; i I I ommittee Member's fig nature RANKING FIRST PLACE SECOND PLACE THIRD PLACE Date /(/;1 Ie r I t . . . . Agenda Item No. 16B5 February 10, 2009 'I1""';1/f{1-ort RFP #08-5132 "Red Light Running Camera Enforcement System" SCORING FORM (p NAME OF FIRM 7rCfJff4. '/ Magistrate ~ Hearings 20 Points Red Light Running c; Enforcement Services 10 Points Investigative/Analyti c Team for Camera S Placements 10 Points Equip. & Commun. S Utilized in Violation Data Collection 10 Points Law OffiCer Review Process 3 10 Points Form & Format of Public Notice sent l to Violators 10 Points Services Provided of Notice & 3 Collection 10 Points Aesthetics of all St. Eqnip. C; 10 Points Extraneous Traffic I Data j 10 Points Cost Proposal ro 10 Points Local Vendor 0 10 Points TOTAL 120 Points 4:Y RANKING FIRST PLACE SECOND PLACE THIRD PLACE ;JfJ J;:"/e -{.... ':::> pC ~ .d- ,5 /( /;e; loe? Date' I . n Committee Member's Signature _'.)1 . . RFP #08-5132 Red Light Running Camera Enforcement System Scoring Sheet Firm Red Flu if"tL H,e.. Services Provided in Magistrate Hearings Experience in Providing Red Light Running Enforcement Services Quality of Investigative/Analytical Team for Camera Placements Equipment and Communications Utilized in Violation data collection Services Provided in Law Officer Review Process \. Fonn and Format of Public Notices to be sent to Violators Services Provided in Notice and Collection Tasks Aesthetics of all Street Equipment Extraneous Traffic Data Provided During Operations Cost Proposal Local Business Preference Total Possible Points Total Score Given Rated by '---r'Y\ ~ ..dx;~ (Name) Agenda~:;--: l!~~r~~~ Score Score Possible Given 20 ~ 10 ~ 10 -LL- 10 ...LE- 10 ....i.JL 10 -LQ...- 10 ~ 10 ..1.!L 10 -12....... 10 -L 10 ~ 120 r () q . . Agenda,",,~ ~'- -~= .1 "-'" ,.~. ,v.....,...,.- '. February 10. 2009 . I P'-Zf.,CJbW . *y RFP #08-5132 Red Light Running Camera Enforcement System Scoring Sheet Firm f1T5 Rated by '-maA~ ~ (Name) I . . Agenda Itiilll.Nn....16B5-- February 10, 2009 Pape 30 of 11),(/ 1/ -- ~ y.r{) 0 l7 RFP #08-5132 Red Light Running Camera Enforcement System Scoring Sheet Firm !\e1 Speed PI Services Provided in Magistrate Hearings Experience in Providing Red Light Running Enforcement Services Quality of Investigative/Analytical Team for Camera Placements Equipment and Communications Utilized in Violation data collection Services Provided in Law Officer Review Process Form and Format of Public Notices to be sent to Violators Services Provided in Notice and Collection Tasks Aesthetics of all Street Equipment Extraneous Traffic Data Provided During Operations Cost Proposal Local Business Preference Total possible Points Total Score Given Rated by '---f'Y\~_ ~t. (Name) . . ~_L.\ RFP #08-5132 Red Light Running Camera Enforcement System Scoring Sheet Firm h- a:;/;; " Services Provided in Magistrate Hearings Experience in Providing Red Light Running Enforcement Services Quality of Investigative/Analytical Team for Camera Placements Equipment and Communications Utilized in Violation data collection Services Provided in Law Officer Review Process Form and Format of Public Notices to be sent to Violators Services Provided in Notice and Collection Tasks Aesthetics of all Street Equipment Extraneous Traffic Data Provided During Operations Cost Proposal local Business Preference Total Possible Points Total Score Given Rated by m~ ~rvvt~ (Name) Agenda !"""f<0-.-T6B-5-- February 1 0, 2009 Page 31 of 112 / /,. 'J.. '{.,{It. Score Score Possible Given 20 :<'0 10 /0. 10 ~ 10 ~ 10 -L 10 -L 10 /0 10 9 - 10 ....J.!L 10 -L 10 JL 120 10?- ;. Ii -~ . . Agenda Item No. lobO February 10, 2009 r!~~8t2 , I;'; .:-' ~,;; RFP #08-5132 ,;. ,} ::\ Red Light Running Camera Enforcement System Scoring Sheet Firm Acs ~~ Score Score Possible Given Services Provided in Magistrate Hearings 20 15 Experience in Providing Red Light Running Enforcement Services 10 10 Quality of Investigative/Analytical Team for Camera Placements 10 -L I I Equipment and Communications Utilized in Violation data collection 10 ti' i Services Provided in law Officer Review Process 10 to '! i .,' I ( Form and Format of Public Notices to be sent to Violators 10 '6 \ i Services Provided in Notice and Collection Tasks 10 10 I i 8 I Aesthetics of all Street Equipment 10 Extraneous Traffic Data Provided During Operations 10 ~ Cost Proposal 10 S Local Business Preference 10 /0 Total possible Points 120 Total Score Given JOO Rated by ~rv.}.vnJl- ~ (Name) . . JlI.> RFP #08-5132 Red Light Running Camera Enforcement System Scoring Sheet Firm rra..-ffj Of}" It- ,..., Services Provided in Magistrate Hearings Experience in Providing Red Light Running Enforcement Services Quality of Investigative/Analytical Team for Camera Placements Equipment and Communications Utilized in Violation data collection ( Services Provided in Law Officer Review Process Form and Format of Public Notices to be sent to Violators Services Provided in Notice and Collection Tasks Aesthetics of all Street Equipment ExtraneousTraffic Data Provided During Operations Cost Proposal Local Business Preference Total Possible Points Total Score Given Rated by '--1l\~ S~ (Name) .I\genda -ttem-Ncr:-1l5E;;j--- February 10, 2009 1/~7.q2~12 Score Score Possible Given 20 /:l 10 ~ 10 -, 10 1 0 10 '5 10 '6 10 'if 10 5 - 10 ?5 - 10 S 10 ---.t;L 120 -2:l . . Agenda Item No. 16B5 Februal'l,r;;, :r~02w ParjJ~,4tIo~"t' 0 ~It" RFP #08-5132 "Red Light Running Camera Enforcement System" SCORING FORM NAME OF FIRM /1 c.5 IJT5 G ;11'.5 tJ ;< t!.oh-tY IE!} 5f'&~tJ Magistrate /r;-- / j~ Hearings /~ J& Ie 20 Points Red Light Running g C; C) B) Enforcement Services , 6 10 Points Investigative/Analyti B c Team for Camera 8 7 7 7 Placements 10 Points Equip. & Commun. Utilized in Violation q /0 9 or 9 Data Collection 10 Points Law Officer Review 8 8 g Process q g 10 Points Form & Format of (/ Public Notice sent & (} 8 f? to Violators CJ 10 Points Services Provided 8 .~,) of Notice & 8 ~ & ",--' Collection ---,,' 10 Points Aesthetics of all St. C; 7 8 7 Equip. ~ 10 Points Extraneous Traffic 8 c; '9 8 Data /0 10 Points Jp' Cost Proposal 11 g ! 0 7 10 Points 0 Local Vendor 10 Points TOTAL 120 Points A. '1!J 12- g-g C;/ 'l~ RANKING QJ ~' @(f) @ QJ -(j) [ ! ! , FIRST PLACE 2.. 1 SECOND PLACE -= THIRD PLACE / // ~. u.-/ /d !fi,d /(-'1"0) l Selection Committee Member's Signature 1/-19~O:;: Date . . . RFP #08-5132 "Red Light Running Camera Enforcement System" SCORING FORM Agenda Item No. 1685 Fel~;JJ/J-~ NAME OF FIRM ~ IIt.t9Hlfl}~ Magistrate Hearings It 20 Points Red Light Running C> Enforcement Services 10 Points 0 Investigative/Analyti 8 c Team for Camera Placements 10 Points Equip. & Commun. Utilized In Violation 9 Data Collection 10 Points Law Officer Review g Process ] 0 Points Form & Format of 8 Public Notice sent to Violators 10 Points Services Provided g of Notice & Collection ] 0 Points Aesthetics of all St. 7' Equip. ] 0 Points Extraneous Traffic Data CJ ] 0 Points Cost Proposal S- 10 Points Local Vendor 10 Points TOTAL 120 Points $5(, RANKING wrl FIRST PLACE SECOND PLACE THIRD PLACE 4 ~ ~/ WO~ /I~7M) Selection Committee Member's Signature / (- I f -0 f Date . . Agenda Item No. 1685 ",bj;>j'liYA)nf2009 Vrl'QI4l113'd. of 112 NAME OF FIRM A- 1.5 -r;rJZiO"'I Ilt 5 tJ,4)~O /?/tk;l Magistrate . Hearings 17 If Jf~ l'z 11' 20 Points 1/ Red Light Running Enforcement Services & 7 8 7 S- 10 Points Investigative/Analyti c Team for Camera t 1 7 Placements 7' # 10 Points Equip. & Commun. Utilized in Violation g ,%.1 Data Collection 8 8 tJ 10 Points Law Officer Review Process 6' t 7 ~ 7 10 Points Form & Format of Public Notice sent 9 I /. to Violators (7; 7 7 10 Points Services Provided of Notice & & f S Collection f? # 10 Points Aesthetics of all St. ,.:/ ""~., ,f , ' Equip. 7 . 'I t :j : 5'"j' 10 Points Extraneous Traffic ".--- Data ~ .$ X~9 7 () 10 Points .- Cost Proposal 8 'I_~ 10 Points ~ ..!l / 7 . ~ . --- Local Vendor () ?J iJ t? tJ 10 Points TOTAL 120 Points 9'IJ 81 7i" 7/ 7t> RFP #08-5132 "Red Ught Running Camera Enforcement &ystem" t SCORING FORM I~ I ,,--- -z-.- .-- "3 .y RANKING FIRST PLACE A T5 SECOND PLACE rr.;'-/,' 0ay THIRD PLACE At'S' Fe"" -I/' G".4-P t1 & r;,CI' ;?~//~/ /",.L-- 6'i/1!, !?.-4.5P'-'--/ <qt.--~~I' -:!~ Selection Committee Member's Signature" ~ / --- ~5~q" /1/d/p'P cf~>,""r ~~///dh# , . Agenda item No. 1685 Fe't~~?1lk~ . RFP #08-5132 "Red Light Running Camera Enforcement System" SCORING FORM NAME OF FIRM /?-.4~/ Magistrate Hearings 1,# 20 Points Red Light Running Enforcement Services S 10 Points Investigativel Analyti c Team for Camera Placements 5' 10 Points Equip. & Commun. Utilized in Violation tJ Data Collection 10 Points Law Officer Review Process # 10 Points Form & Format of Public Notice sent f to Violators 10 Points Services Provided of Notice & Collection 1 10 Points Aesthetics of all St. Equip. ~ 10 Points Extraneous Traffic Data ~ 10 Points Cost Proposal 7 10 Points Local Vendor j) 10 Points TOTAL 120 Points ~1 RANKING FIRST PLACE SECOND PLACE THIRD PLACE tP.;;::;/ ,.-/. ~,..tf~,-c..( ~,..."" ~~.,~/ Selection Committee Member's Signature /3':-($-"'-'0" d ~~'r<r" II/; t frO' Date . Agenda Item No. 1665 February 10, 2009 Page 38 of 112 EXHIBIT D Agenda item No. 1685 February 10,2009' "- Page 39 of 112 REQUEST FOR PROPOSAL Co18tr County -- - .- - - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Traffic Operations and Code Enforcement Departments "Red Light Running Camera Enforcement System" Brenda Bri/hart, Purchasing Agent This proposal solicitation document is prepared in a Microsoft Word 2003 format. Any alterations to this document made by the proposer may be grounds for rejection of proposal, canceilation of any subsequent award, or any other legal remedies available to the Collier County Government. NON.CCNA (Revision 7/2006) RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1665 February 10, 2009 Page 40 of 112 LEGAL NOTICE Pursuant to approval by the County Manager, Sealed Proposals to provide a Red Light Running Camera Enforcement System will be received until 3:00 p.m., Naples local time, on October 22, 2008 at the Purchasing Department, Purchasing Building "G", Collier County Government Complex, 3301 Tamiami Trail East, Naples, Florida 34112. RFP 08-5132 "Red Light Running Camera Enforcement System" Services to be provided shall include, but not be limited to the following: The County is soliciting for qualified proposals for the administration and servicing of a read light camera system. This will primarily include the review of images, access motor vehicle registration data, perform quality control, print and mail notices and collect fines. A mandatory pre-proposal conference will be held on October 7, 2008, commencing promptly at 10:00., and will be held in the Purchasing Department Conference Room, 3301 Tamiami Trail East, Building "G", Naples, Florida 34112. If this pre-proposal conference is denoted at "mandatory", prospective proposers must be present in order to submit a proposal response, There is limited space for Proposers to call into this meeting via a teleconference - please call to register for this meeting (239) 252- 8446. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department E-Procurement website: www.collierqov .neUbid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Stephen Y. Carnell. CP.M. Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.collierqov.neUpurchasinq and in the Lobby of Purchasing Building "G", Collier County Government Center on September 26, 2008. 2 NON.CCNA (Revision 7/2008) RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 41 of 112 PROPOSER'S NON-RESPONSE STATEMENT RFP# 08.5132 The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise, and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Proposers not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate jtem(s) listed below and return this form via email, fax, or mail to Collier County Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112 or fax to (239) 252-6697. We are not responding to this RFP for the following reason(s): o Services requested not available through our company. o Our firm could not meet speCifications/scope of work. o Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) o Project too small. o Insufficient time allowed for preparation of response. o Incorrect address used. Please correct mailing address: o Other reason(s): Name of Firm: Mailing Address: City, State, lip: Telephone No: Email: By: Signature of Representative NON-ceNA (Revision 7/2008) 3 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 42 of 112 TABLE OF CONTENTS 1) Introduction/Overview.......... ........... ........ ....... .... ............. .... ............ ... ........,... ...... ..... ..,6 A) Purpose/Objective,. ............... ..... ......... .... ......... ..... .............. ... ,....,... ............ ...."...., ,6 B) Backgrou nd ......................................................................,.................,.....,....,.........6 C) Questions................................................................................................................ 7 D) Method of Source Selection ....................................................................................7 E) Pre-Proposal Conference.................. ..... ............ ...... ........... ,............ ............ ........ ...7 F) Projected Timetable......... .................. .................. ........... ........... ...................... ........ 7 2) General Description of Specifications or Scope of Work .............................................8 3) Constraints on the Contractor......................................................................................8 4) Contractor's Personnel Requirements ..................................................,......................8 5) Contractor's Responsibilities ....... ... ......... ....... ..........,... .................... .... ..,. .... ,......... .....8 6) County's Responsibilities..,...............................,......................,.............."...................8 7) Reporting Requirements.... ..... ................ ............., ................... ..........,..... ...., ......, ........8 8) County's Right to Inspect......,.......... ....... ...................... ..................... ............ ......... .....8 9) Terms and Conditions of Contract ...............................................................................9 10) General Terms and Conditions...........,...............................,......................................9 A. Licenses......,........... ....... ....... .................,... ............... ......... ..................... ......... ........9 B. Principals/Collusion.. ............ ........... ............... ..........., .............:.. ..............., ...... ......1 0 C, Taxes........ .......... ........ ................. ..............,... ............... ........ .................... .............1 0 D. Relation of County ...............................................................................................,.10 E. Term Contracts ......................................................................................................1 0 F . Termination ....... ................ ..... ............ ............ .............. ............... ....................,... ...1 0 G. Liability.. ............ .........". ............... ...... ..... ........ ....... ........,....... ............. .............., ...1 0 H. Assignment..........,........ .......,......, .....,..... ................... ........ ............................. ...... .11 L Lobbying.. ...... ............ ..... ......., .....................,........,........, ........... ........................ ......11 J, Single Proposal ......................................................................................................11 K. Protest Procedures ................................................................................................11 L. Public Entity Crime ...........................................................,..............,.........,............12 M. Conflict of Interest ............................................................,..,........................."....., 12 N. Prohibition of Gifts to County Employees ..............................................................12 O. Immigration Reform and Control Act .....................................................................12 P. Collier County Local Preference Policy ......................................................13 11) instructions for Proposal..........................................................................................13 A) Compliance with the RFP ......................................................................................13 B) Acknowledgment of Insurance Requirements ......................................................, 14 C) Acknowledgment of Bonding Requirements..........................................................14 D) Delivery of Proposals......................................,.,....................................................14 E) Evaluation of Proposals (Procedure) .....................................................................15 F) Ambiguity, Conflict, or Other Errors in the RFP .....................................................16 G) Proposal, Presentation, and Protest Costs............................................................16 H) Acceptance or Rejection of proposals...................................................................16 I) Requests for Clarification of Proposals ...................................................................16 J) Validity of Proposals... .......... ...............",..,.. ........................ ... ............... ............., ...16 K) Response Format ..................................................................................................17 4 NON-CCNA (Revision 7/2008) RFP 08-5132 Red Ught Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 43 of 112 L) Proposal Selection Committee and Evaluation Factors ........................................,19 ATTACHMENTS Proposer Check List Conflict Of Interest Affidavit Proposers Qualification Form Declaration Statement Affidavit Claiming Status as a Local Business Insurance Requirements EXHIBIT A: Scope of Services NON-CCNA (Revision 7I200S) 5 RFP 08.5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 44 of 112 Request for Proposals RFP 08-5132 "Red Light Running Camera Enforcement System" 1) Introduction/Overview A) Purpose/Objective As requested by the Traffic Operation and Code Enforcement Departments (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the sole purpose and intent of obtaining proposals from interested and qualified firms offering to implement a Red Light Running Camera Enforcement System for Collier County in accordance with the specifications stated and/or attached herein/hereto. The successful proposer will hereinafter be referred to as the "Contractor". If awarded, a contract to provide these services will be effective on the date contract is approved by the Board of County Commissioners (herein after, the BCC), signed by all required parties and filed in the Office of Records and Minutes. The anticipated contract term will be for the period of Twelve (12) months. Additionally, by mutual agreement and funding availability, the contract may be renewed for two (2) terms of Two (2) years each. In no event, including renewal options, shall the contract exceed Five (5) years. As is more fully explained in this RFP, an award, if made, will be made to the best overall proposer(s) whose proposal is most advantageous to the County, taking into consideration the evaluation factors set forth in this RFP. The County will not use any other factors or criteria in the evaluation of the proposals received. Additionally, if authorized by their own enabling authority, other interested governmental entities may, at their option and the option of the Contractor, enter into their own contract with the Contractor, in accordance with the terms, conditions, and other provisions of the Collier County contract. However, Collier County shall not be a party to any contract between another governmental entity and the Contractor based on the Collier County contract. B) Background The County seeks a red light enforcement system using cameras for the benefit of the public safety and interests, said services being provided in accordance with the controlling provisions of law. The services shall be provided in two (2) phases with the first phase being an evaluative and analytical phase which is non-compensated and the second phase, if the evaluation and analysis results in the conclusion that services should proceed forward shall be an operational and compensated red light enforcement system. NON.CCNA (Revision 7/2008) 6 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 45 of 112 C) Questions Direct questions related to this RFP to the Collier County Purchasing Department E- Procurement website: www.collierQov.netlbid. Proposers must clearly understand that the oniy official answer or position of the County will be the one stated on the Collier County Purchasing Department E-Procurement website. For general questions. please call the referenced Purchasing Agent at (239) 252-8446. 0) Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement. including a formal presentation. as authorized by Ordinance Number 87-25. and Collier County Resolution Number 2006-268 establishing and adopting the Collier County Purchasing Policy. The County may. as it deems necessary. conduct discussions with qualified proposers determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. E) Pre.Proposal Conference A mandatory pre-proposal conference will be held on October 7, 2008, commencing promptly at 10:00 a.m... and will be held in the Purchasing Department Conference Room "A", 3301 Tamiami Trail East. Building "G". Naples. Florida 34112. The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective proposers having an equal opportunity to hear and participate. Oral questions will receive oral responses. neither of which will be official. nor become part of the RFP. Only written responses to written questions will be considered official. and will be included as part of the RFP as an addendum. As this pre-proposal conference is denoted as "mandatory", prospective proposers must be present in order to submit a proposal response. There is limited space for Proposers to call into this meeting via a teleconference - please call to register for this meeting (239) 252.8446. F) Projected Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Issue RFP Notice Last Date for Recei t of Written Questions Pre-Pro osal Conference Addendum Issued (If Applicable) 9/26/08 10/16/08 10/7/08 10 am No Later Than 10/17/08 NON.GGNA (Revision 7/2008) 7 RFP 08-5132 Red Ught Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 46 of 112 10/22/08 TBD TBD TBD TBD 2) General Description of Specifications or Scope of Work The Contractor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Additionally, Proposers may also propose alternate solutions to achieve the requirements of the Scope of Work. 3) Constraints on the Contractor These constraints include: See Exhibit A - Scope of Services 4) Contractor's Personnel Requirements 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 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, Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience; and (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 5) Contractor's Responsibilities It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. Contractor responsibilities include: See Exhibit A - Scope of Services 6) County's Responsibilities See Exhibit A - Scope of Services 7) Reporting Requirements - See Exhibit A - Scope of Services 8) County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Contractor's facilities/project site during and after each work assignment the Contractor is performing. 8 NON.ceNA (Revision 7/2008) RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 47 of 112 9) Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The seiected Contractor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Contractor. Collier County, at its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: 1. Traditional- payment by check, wire transfer or other cash equivalent. 2. Standard - payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (Le, VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). The County will entertain proposals clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be proVided at the initial proposal submittal if it is clearly marked as an "Additional Cash Discount." 10) General Terms and Conditions A. Licenses The Contractor is required to possess the correct occupational license, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any proposer to submit the required documentation may be grounds to deem proposer non-responsive. A Contractor, with an office within Collier County is also required to have an occupational license. If you have questions regarding professional licenses, please contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432, or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 659-5712. NON-ceNA (Revision 7/2008) 9 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1665 February 10, 2009 Page 48 of 112 B. Principals/Collusion By submission of this Proposal, the undersigned, as Proposer, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. C. Taxes Collier County is exempt from Federal Excise and State of Florida Sales Tax. Collier County Use Tax Certificate Number is 85-8012621830C-2. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. D. Relation of County It is the intent of the parties hereto that the Contractor shall be legally considered an independent contractor, and that neither the Contractor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Contractor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. E. Term Contracts If funds are not appropriated for continuance of a term contract to completion, cancellation will be accepted by this Contractor on thirty (30) days prior written notice. F. Termination Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. G. Liability The Contractor will not be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, Acts of Nature and similar occurrences making performance impossible or illegal. NON-CCNA (Revision 7/2008) 10 RFP 08-5132 Red Ught Running Camera Enforcement System Agenda ItEm No. 16B5 February 10, 2009 Page 49 of 112 H. Assignment The Contractor(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the County. I. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closina to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. J. Single Proposal Each Proposer must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. K. Protest Procedures Any actual or prospective Proposer to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11 :00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County hOlidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the NON.CCNA (Revision 7/2008) 11 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 50 of 112 formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. L. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. M. Conflict of Interest Proposer shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. N. 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, Florida Statutes, the current Collier County Ethics Ordinance, and County Administrative Procedure 5311. Violation of this provision may result in one or more 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. 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 contract held by the individual and/or firm for cause. O. Immigration Reform and Control Act Proposer acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. NON.CCNA (Revision 7/2008) 12 RFP 08-5132 Red Light Running Camera Enforcement System Agenda item No. 1685 February 10, 2009 Page 51 of 112 P. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Proposers for being a local business by granting a ten (10) points incentive in the evaluation criterion points. Definition of Local Business A "local business" is defined as a Collier County business that has a valid occupational license issued by Collier County at least one year prior to bid or proposal submission to do business within Collier County that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not by used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way, This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Documentation Requirements · Proposer must complete and submit with their proposal response, the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. · Failure on the part of a Proposer to submit this Affidavit with their proposal response will preclude said Proposer from being considered for preference on this solicitation. Collier County's Remedy for Misrepresentation A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 11) Instructions for Proposal A) Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. NON.CCNA (Revision 7/2008) 13 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 16B5 February 10, 2009 Page 52 of 112 B) Acknowledgment of Insurance Requirements By signing the Insurance Requirements included in this RFP, Proposer acknowledges these conditions include Insurance Requirements. It should be noted by the Proposer that, in order to meet the County's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the proposer discuss these requirements with the Proposer's insurance agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Proposer. The Proposer's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Proposer's limit of, or lack of, sufficient insurance protection. Proposer also understands that the evidence of required insurance may be required within five (5) business days following notification of its offer being accepted; otherwise, the County may rescind its acceptance of the Proposer's proposal. The specific insurance requirements for this solicitation are provided on paQe 29. C) Acknowledgment of Fidelity Bonding Requirements A Fidelity Bond is required by the awarded Contractor for a minimum of $100,000 for the first year (this will be negotiated after the first phase of the contract has been completed and annual collections has been estimated). The subsequent years will be based on the previous years' total collections plus a 25% margin. By signing its proposal, and if applicable, Proposer acknowledges that it has read and understands the bonding requirements for this proposal. Requirements for this solicitation are checked. D) Delivery of Proposals All proposals are to be delivered before 3:00 p.m., Naples local time, on or before October 22. 2008 to: Collier County Board of County Commissioners Purchasing Department 3301 Tamiami Trail East, Bldg. "G" Naples, Florida 34112 Attn: Brenda Brilhart, Purchasing Agent The County shall not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by proposer's personnel or by the proposer's outside carrier. However, the Purchasing/General Services Director, or designee, shall reserve the right to accept proposalS received after the posted close time under the following conditions: . The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such NON.CCNA (Revision 7/2008) 14 RFP 08-5132 Red Ught Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 53 of 112 as Fed Ex, UPS, DHL, or courier where delivery was scheduled before the deadline. · The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Proposers must submit one (1) designated original and five (5) numbered exact copies of the proposal (total of six) submitted on a CD-ROM in Microsoft Word or PDF format is mandatory. List the Proposal Number on the outside of the box or envelope and note "Request for Proposal enclosed," E) Evaluation of Proposals (Procedure) The County's procedure for selecting is as follows: 1. The County Manager shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Purchasing Agent and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP, All meetings shall be open to the public and the Purchasing Agent shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 4. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 5. Prior to the first meeting of the selection committee, the Purchasing Agent will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Purchasing Agent shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 6. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem NON.CCNA (Revision 712008) 15 RFP 08-5132 Red Light Running Camera Enforcement System Agenda item No. 16B5 February 10, 2009 Page.54of112 appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Proposer nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. F) Ambiguity, Conflict, or Other Errors in the RFP If a Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, Proposer shall immediately notify the Purchasing Agent, noted herein, of such error in writing and request modification or clarification of the document. The Purchasing Agent will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFP prior to submitting the proposal or it shall be waived. G) Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any proposer in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. H) Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful proposer, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other proposer or to re-advertise using the same or revised documentation, at its sole discretion. I) Requests for Clarification of Proposals Requests by the Purchasing Agent to a proposer(s) for clarification of proposal(s) shall be in writing. Proposer's failure to respond to request for clarification may deem proposer to be non-responsive, and may be just cause to reject its proposal. J) Validity of Proposals No proposal can be withdrawn after it is filed unless the Proposer makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to 16 NON.CCNA (Revision 7/2008) RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 55 of 112 accommodate evaluation and selection process. K) Response Format The proposal shall be deemed an offer to provide services to Collier County. In submitting a proposal, the Proposer declares that he/she understands and agrees to abide by all specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County, The Proposer agrees that if the contract is awarded to him/her, he/she will perform the work in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth In this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared Simply and economically, providing a straightforward concise description of the Proposer's approach and ability to meet the County's needs, as stated in the RFP. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a proposer to include all listed items may result in the rejection of its proposal. 1) Tab I, Management Summary (5 Page Maximum) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s), and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Proposer's certification that the Proposer will accept any awards made to him as a result of said submission of the terms contained therein. 2) Tab II, Business Plan (25 Pages Maximum) In this tab, include: · Description of the proposed contract team and the role to be played by each member of the proposed team. · Detailed plan of approach (including major tasks and sub-tasks). · Detailed time line for completion of the project. . Include a copy of a report as an example of work product. This should be for one of the projects listed as a reference. · Include a detailed response for the following: Services Provided in Magistrate Hearings; Experience in Providing Red Light Running Enforcement Services; Quality of Investigative/Analytical Team for Camera Placements; Equipment and Communications Utilized In Violation data collection; Services Provided in Law NON.CCNA (Revision 712008) 17 RFP 08-5132 Red Ught Running Camera Enforcement System Agenda Item No. 16B5 February 10, 2009 Page 56 of 112 Officer Review Process; Form and Format of Public Notices to be sent to Violators; Services Provided in Notice and Collection Tasks; Aesthetics of all Street Equipment; Extraneous Traffic Data Provided During Operations 3) Tab III, Cost of Services to the County (2 Pages Maximum) Provide the normal fee or percentage of fines collected for which your firm will provide the work described in this RFP. 4) Tab IV, Corporate Experience and Capacity (15 Pages Maximum) Provide information that documents your firm and subcontractors' qualifications to produce the required outcomes, including its ability, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. 5) Tab V, Specialized Expertise of Team Members (10 Pages Maximum) Attach brief resumes of all managers, supervisors, and other contract team members who will be involved in the management of the total package of services, as well as the delivery of specific services. The same should be done for any sub-consultants. If sub- consultants are being utilized, letters of intent from stated sub-consultants must be included with proposal submission. 6) Tab VI, Customer Listing Provide a listing of all previous customers during the past three (3) years for g!! work of similar size and scope. The services provided to these clients should have characteristics as similar as possible to those requested in this RFP. Information provided for each client shall include the following: . Client name, address, and current telephone number. . Description of services provided. . Time period of the project or contract. . Client's contact reference name, email, and current telephone number. Failure to provide complete and accurate client information, as specified here, may result in the disqualification of your proposal. The County reserves the right to contact any and all references to obtain, with limitation, ratings for the following performance indicators include: . On a scale of 1-10, with 1 being very dissatisfied and ten exceeding your every expectation, how satisfied were you with the firm's performance? . What specifically did you like about their approach? . What do you believe were shortcomings or that they could have done better? NON-CCNA (Revision 7/2008) 18 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 57 of 112 · Did they meet your schedule requirements? · How were their communications? Were you always kept in the loop? · How responsive were they in addressing problems with the project? · How was the quality/experience/personality of their personnel? (Specifically the project manager?) · Would you use this firm again? · Additional comments A uniform sample of references will be checked for each Proposer. Proposers will be scored on a scale of 1 to 10, with 10 being the highest possible score. This score will also be used in determining the score to be given to the "past performance" evaluation factor for each proposal. 7) Tab VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP, If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a proposer may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 8) Tab VIII, Required Form Submittals · Proposers Checklist · Conflict Of Interest Affidavit · Proposers Qualification Form . Declaration Statement · Affidavit Claiming Status as a Local Business . Insurance Requirements . Licenses L) Proposal Selection Committee and Evaluation Factors As previously stated, the County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. While the County believes all these items to be of importance, they are ranked and pOints applied in descending order of importance. · Services Provided in Magistrate Hearings · Experience in Providing Red Light Running Enforcement Services · Quality of Investigative/Analytical Team for Camera Placements · Equipment and Communications Utilized in Violation Data Collection 18 9 9 9 NON-ceNA (Revision 7/2008) 19 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 16B5 February 10, 2009 Page 58 of 112 Total Points 9 9 9 9 9 10 100 . Services Provided in Law Officer Review Process . Form and Format of Public Notices to be sent to Violators . Services Provided in Notice and Collection Tasks . Aesthetics of all Street Equipment . Extraneous Traffic Data Provided During Operations . Local Vendor Preference Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest volume of work on Collier County projects within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Proposer, subject to verification at the County's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. NON.CCNA (Revision 7/2008) 20 --- ----- -- --------------------- RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 59 of 112 ATTACHMENTS THIS SHEET MUST BE SIGNED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department PROPOSER CHECK LIST IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with your Proposal. Proposer should check off each of the following items as the necessary action is completed: o The Proposal has been signed. o All information as requested in the Proposer's Qualification Form is included. o All applicable forms have been signed and included o Any addenda have been signed and included. o The mailing envelope has been addressed to: Collier County Board of County Commissioners Purchasing Department, Building "G" 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Brenda Brilhart, Purchasing Agent o The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. o The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Company Name Signature and Title Date Email NON.GGNA (Revision 7/2008) 21 RFP 08-5132 Red Ught Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 60 of 112 CONFLICT OF INTEREST AFFIDAVIT By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm Date Signature Name Printed Title of Person Signing Affidavit ) ) State of County of SUBSCRIBED AND SWORN to before 20_, by the for the identification: me this _ day of , , who is personally known to me to be Firm, OR who produced the following Notary Public My Commission Expires: NON.CCNA (Revision 7(2008) 22 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1635 February 10, 2009 Page 61 of 112 PROPOSERS QUALIFICATION FORM LIST MAJOR WORK PRESENTLY UNDER CONTRACT: % Completed Proiect Contract Amount $ $ $ LIST CURRENT PROJECTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD: OTHER INFORMATION ABOUT PROJECTS: Have you, at any time, failed to complete a project? 0 Yes 0 No STATEMENT OF L1TIATION: Are there any judgments, claims or suits pending or outstanding Qy or aoainst you? DYes 0 No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: FEES: List total fees for work done on all Collier County Government projects in the past five (5) years, whether as an individual firm or as part of a joint venture, Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. $ Total Fees for work done on all Collier County projects NON-ceNA (Revision 7/200B) 23 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 62 of 112 REFERENCES: Bank(s) Maintaining Account(s): Surety/Underwriter: (if required) Other References: (Use additional sheets if necessary) TYPE OF FIRM: o CorporationlYears in Business: . If firm is a corporation, please list state in which it is incorporated: . If firm is a corporation, by signing this form, Proposer certifies that the firm is authorized to do business in the State of Florida. o PartnershiplYears in Business: o Sole ProprietorshiplYears in Business: o Other: Please list: Pursuant to information for prospective Proposers for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: By: Title: Attested By: Title: Date: NON~CCNA (Revision 7/2008) 24 RFP 08.5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 63 of 112 DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: RFP NO. 08-5132 -- "Red Light Running Camera Enforcement System" Dear Commissioners: The undersigned, as Proposer (herein used in the masculine, singular, irrespective of actual gender and number) declares that he is the only person interested in this proposal or in the contract to which this proposal pertains, and that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Proposer further declares that he has complied in every respect with all the Instructions to Proposers issued prior to the opening of proposals, and that he has satisfied himself fully relative to all matters and conditions with respect to the general condition of the contract to which the proposal pertains. The Proposer puts forth and agrees, if this proposal is accepted, to execute an appropriate Collier County document for the purpose of establishing a formal contractual relationship between him, and Collier County, for the performance of all requirements to which the proposal pertains. The Proposer states that the proposal is based upon the proposal documents listed by RFP #08-5132. (Proposal Continued on Next Page) NON-ceNA (Revision 7/2008) 25 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 64 of 112 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 200_ in the County of , in the State of Firm's Complete Legal Name (Address) (City, State, ZIP) Phone No. Fax No. Check one of the following: o Sole Proprietorship o Corporation or PA State of o Limited Partnership o General Partnership By: Typed and Written Signature Title ****************************************************************************************************** ADDITIONAL CONTACT INFORMATION Send Payments To: (REQUIRED ONLY if different from above) (Company Name used as Payee) Contact Name: Title: (Address) (City, State, ZIP) Phone No. FAX No, Email address: Office Servicing Collier County Account IPlace Orders/Request Supplies (REQUIRED ONLY if different from above) (Address) Contact Name Phone No. Title (City, State, ZIP) FAX No. Email Address: NON.CCNA (Revision 7/2008) 26 RFP 08.5132 Red Light Running Camera Enforcement System Agenda item No. 16B5 February 10, 2009 Page 65 of 112 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS RFP#: 08-5132 Red Light Camera Enforcement System STATE OF FLORIDA and the COUNTY OF COLLIER PROPOSER/BIDDER/QUOTER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE REGULATIONS THERETO, AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY; "Local Business" means a Collier County business that has a valid occupational license issued by Collier County at least one year prior to bid or proposal submission to do business within Collier County that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not by used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Please provide the following information for the Proposer/Bidder/Quoter: Year Business Established in Collier County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in Collier County (Including Owner(s) or Corporate Officers ): NON.GGNA (Revision 712008) 27 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 66 of 112 If requested by the County, proposer/bidder/quoter will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in proposer/bidder/quoter's submission being deemed not applicable. Proposer/Bidder/Quoter Name Signature Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) NON.ceNA (Revision 7/2008) 28 RFP 08-5132 Red Light Running Camera Enforcement System Agenda item No. 1685 February 10, 2009 Page 67 of 112 Collier County Florida INSURANCE REQUIREMENTS o CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida. as described in the attached Contract Insurance Requirements form. o The OWNER shall procure and maintain property insurance upon the entire Project, if required, to the full insurable value of the Project. The property insurance obtained by OWNER shall, at a minimum, insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents o OWNER and CONTRACTOR waive against each other and OWNER's separate CONTRACTORs, Design Consultant, SubCONTRACTORs, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from OWNER's separate CONTRACTORs, Design Consultants and SubCONTRACTORs and shall require each of them to include similar waivers in their contracts. o The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. o CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this Article 3, and certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address (if any). o The General Liability Policy provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. o Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida o The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office NON-ceNA (Revision 7/2008) 29 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 16B5 February 10, 2009 Page 68 of 112 (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONTRACTOR's sole responsibility. o Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. o The CONTRACTOR and/or its insurance carrier shall provide 30 days written notice to the OWNER of policy cancellation or non-renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy, o Should at any time the CONTRACTOR not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. o If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the' CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. NON.GGNA (Revision 7/2008) 30 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 16B5 February 10, 2009 Page 69 of 112 Co~r County ~. COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS TYPE LIMITS (Check) X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutory Limits and Requirements X Empiover's Liabilitv $500,000 X $1,000,000 X Commercial General $1,000,000 per occurrence X $2,000,000 per occurrence Liability (Occurrence Form) bodily injury and property bodily injury and property patterned after the current damage damage ISO forms. X Business Automobile $1,000,000 per occurrence X $2,000,000 per occurrence Insurance bodily injury and property bodily injury and property damaqe damage Builders Risk Insurance OWNER Will Purchase-Replacement Cost- All Risks of Loss Professional Liability $1,000,000 per occurrence $2,000,000 per occurrence Insurance $1,000,000 aqqregate $2,000,000 aqoreqate INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendorlConsultant shall indemnify 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 ContractorNendor/Consultant or anyone empioyed or utilized by the ContractorNendorlConsultant in the performance of this Agreement. This indemnification obligation shall not be construed 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. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: COllier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name and number shall be included on the certificate of insurance. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability andlor Airoort Liability where required. ---------------------------------------------- ---------------------------------------------- PROPOSER'S AND INSURANCE AGENT'S STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of RFP. Proposer Insurance Agency Signature of Proposer Signature of Proposer's Agent NON-ceNA (Revision 7/2008) 31 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 70 of 112 EXHIBIT A DESCRIPTION/SCOPE OF SERVICES I. FIRST PHASE OF SERVICES (Uncompensated): The Contractor shall provide consulting services regarding the recommended 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 Sheriffs 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 week's time, the average violation rate, intersection crash rate, and documenting any rise or decline in the either of those rates. 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 traffic safety management services, The successful Contractor will deploy traffic 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 Contractor's services shall include all hardware, software, installation, maintenance, operation, and all back-office processing of violations. All systems must be non-intrusive to the traffic siQna/ cabinetry (no access to the siQnal controller cabinet will be permitted).. II. SECOND PHASE OF SERVICES (Compensated): Red Liaht Camera System The Contractor shall provide and install all equipment including, but not limited to, poles, cabinets and related operational equipment at the selected intersection(s). All 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 Traffic Operations Department upon request. All systems must be non. intrusive to the traffic siQnal cabinet - and access to the sianal controller cabinet will not be permitted.. . The Contractor's Proposal shall disclose whether the system, at any time, photographs an image of the driver of the vehicle. NON-ceNA (Revision 7/2008) 32 RFP 08.5132 Red Light Running Camera Enforcement System Agenda l1em No. 1685 February 10, 2009 Page 71 of 112 · The Contractor shall use a high quality digital camera system with an output in excess of 3000 x 2000 pixels per image is required. The Contractor shall detail the image quality specifications and provide real sets of violation image examples captured 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 Contractor shall provide equipment that is capable of gathering traffic data for statistical analysis, including traffic volumes by approach and lane. The Contractor's Proposal shall provide copies of sample reports. · The Contractor shall provide equipment capable of deployment in a wide range of operating conditions; e.g., heavy traffic volumes, adverse weather conditions, road surface configurations, etc., and across six (6) moving lanes of traffic. . The Contractor shall provide equipment to provide a reliable non-intrusive, non- physical connection to the red phase signal. · The Contractor shall provide a system which must provide at least three (3) digital color still images of each violating event. The images shall be taken to ensure that the rear of the vehicle and license plate are captured. The first image shall capture the vehicle before the front wheels strike the legal violation limit line. The second image shall capture the vehicle after the rear axle has crossed the crosswalk or legal limit line. The third image shall depict a close up of the license plate. The contractor will use a video system that will capture a short duration video of the violation. · The Contractor shall provide a camera system which shall record data pertinent to each violation at the time of capture. · The Contractor shall provide data which shall be recorded in a flexibly configured data bar that is embedded with each scene, license plate and stop bar detection images that may be used to prove the violation. The data bar shall include, at a minimum, the following information for each violation: a) Unique violation identifier incorporating the County; b) Location of violation; c) Date (MMIDDIYYYY); d) Time of the violation in 24 hour clock including hours, minutes and seconds; e) Elapsed time between images; f) Direction of travel; g) Traffic signal phase; h) Time into the red phase displayed in thousandths of a second; g) Duration of the prior amber phase; h) Vehicle lane of travel; NON.CCNA (Revision 7/2008) 33 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1665 February 10, 2009 Page 72 of 112 i) Camera 10; and j) Frame sequence number. . The Proposal shall explain how the image and violation data is secured and transmitted to the processing center. . The Proposal shall explain how the proposed system can compensate for the effects of license plate covers. . The Proposal shall explain how the proposed system can compensate for the effects of reflective material on license plates. . The Contractor shall provide a system which includes an ancillary video system as supporting information to the violation provided by the still images. The video must be full motion at the rate of thirty (30) frames per second or greater and allow aperture adjustment. . The Contractor shall ensure that each imaging unit's operation shall be microprocessor controlled and fully automatic. . The Contractor shall include a camera system that shall be capable of on-site or remote activation and maintenance support. . The Contractor shall include a camera system that shall perform a self-test on set-up; simulate a violation being recorded for testing; communicate error messages; record date and time of system shutdown in the event of a malfunction. . The Contractor shall include a camera system that allows a malfunction to be easily identified and debugged on-line, . The Contractor shall include a camera system that records event-specific evidence to substantiate multiple, simultaneous and/or concurrent violations occurring during any red signal phase. . The Contractor shall provide a system which shall provide 24 hours a day/? days a week "live" intersection monitoring and viewing capabilities, . The Contractor shall include a camera system that which includes component operations which are synchronized to a single, standard, independent, external and verifiable time and date source. . The Contractor must use more than one (1) vehicle detection. 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). NON.GGNA (Revision 7/2008) 34 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 16B5 February 10, 2009 Page 73 of 112 · Red light camera enclosures must be tamper proof and vandal proof. . Red light camera enclosures must be designed in such a fashion that maintenance, and other operations can be accomplished easily and quickly without creating a public safety hazard. The Contractor shall explain typical maintenance procedures. · The Contractor shall state installation and construction times for a generic intersection. · The system shall be able to simultaneously monitor traffic in up to 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 violations, regardless of vehicle speed (please reference program). The Contractor's Proposal must explain how the system captures illegal right-turn-on-red movements. Violation Processina There shall be no requirement to install Contractor processing software on County owned or maintained information technology or computing systems. The violation processing system shall allow the County a detailed view into all of the information related to the program. All access (via a secure internet portal) to the violation processing system for the purpose of preprocessing evidence, police authorization, notice printing, payments tracking, and generation of court evidence packages shall be Internet enabled and shall be available 24 hours a day/7 days a week for authorized users. The violation processing system shall provide the following functions: a) Web-enabled access and operation; b) Secure user log-in and access; c) Automatic presentation of images and data captured by the camera system onto review PC's; d) Easy review of violation evidence against regulations; e) Ability to both "play" full motion video and view multiple scene and plate images; f) Ability to view each image as a full screen enlargement with a single click; 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 10, and subsequently print the cropped plate area image to the notice; NON-GeNA (Revision 7/2008) 35 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 74 of 112 i) Ability to "accept" or "reject" violation sets and record rejection reasons; j) Ability to generate printed warning letters (during the first 30 days of the program at the 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/? days a week or as individual high resolution still shots, or send images to print locally; 0) ability to immediately request, view and print both standard and user-defined reports 24 hours a day/ 7 days week; p) Secured Access Control and automatically generated electronic audit trails; q) Encryption and decryption management; r) The system shall be capable of preparing and mailing one notice letter for all chargeable violations to vehicle owners, issuing and mailing a second notice for any violations that remain unpaid as their due date. All violations for which registered owner data is available shall be issued within seven (7) business days after police review of the incident. Citation Processinq: a) The Proposer 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 Proposer 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 track citations and payments will be installed and fully operational. d) Connections must be established to the Florida Department of Motor Vehicles and other states to obtain motor vehicle registration information. e) Citations will be postmarked in fourteen (14) days or less from the date of violation. This includes any number of citations with required increases in citation cost. f) 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 Sheriffs Office will have a duly appointed code enforcement officer or deputies assigned to review and approve each citation prior to insurance and verify that a violation has occurred. 36 NON.CCNA (Revision 7/2008) RFP 08-5132 Red Ught Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 75 of 112 Operations: Office and operational departments will be fully staffed within the first sixty (60) days after contract execution. The County will have the right to review the references and background information of any of the proposer's employee's directiy involved in providing services. The County may request the replacement of any employee providing services. Collections: The proposer 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 Proposer 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) Proposer 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, proposer shall pursue collections on unpaid notices. . g) Proposers 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 State Courts 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 iist shall be provided to the County each week of hearings scheduled through 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 iL A violation history report iiL A correspondence file iv. A payment history v. All materials submitted by violator NON-ceNA (Revision 7/2008) 37 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1665 Febcuary 10, 2009 Page 76 of 112 c) Proposer will maintain a proper chain of evidence which meets the needs or requirements of all agencies involved in this process. d) Proposer will provide, when required for Court testimony, as well as all other technical or factual witness as required to prove all elements of the violation, Operatinq Location and Customer Service Support: The automated red light enforcement system will be overseen and administered by the Collier County Transportation Department and/or designee. The selected Proposer 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 Proposer 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 Proposer remains highly responsive to the needs of the program and meets the requirements set forth by the County. Statistical Analvsis and Reportinq Svstems 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!? 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. NON.CCNA (Revision 7/2008) 38 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 77 of 112 The processing system shall provide violation and traffic statistics as follows: a) Real-time traffic volume and vehicle counts; and b) Real-time violation graphs and chart by: I) individual lane; II) time of day; and III) day of week, The contractor shall provide a monthly report that includes the following: a) The number of events detected, notices/violations issued and prosecutable image rate by location and in total; b) The total number of violations that occurred and percentage of total vehicle traffic by lane; and the total number of percentage of rejected images by reason. Imaae Transmission Security and Data Storaae The system shall provide for image and data security that shall prevent unauthorized persons from accessing the camera images and databases and tampering with images. The Contractor shall store all enforceable images produced by cameras for no less than one hundred and eighty (180) days after final disposition. The Contractor shall provide an evidence package for any contested violations. The package shall consist of: a) All issued and disputed notices to the party; b) A violation history report; c) A correspondence file; and d) A payment history. The Contractor shall maintain a proper chain of evidence that meets the needs of County and court functions. The Contractor shall provide a qualified expert witness who is knowledgeable on the theory. operation and functional capabilities of the red light camera unit. Maintenance. Support and Trainina · All maintenance of camera, video, sensors, computer and related equipment shall be the responsibility of the Contractor. . The Contractor shall repair or replace any inoperable equipment within seventy- two (72) hours of detection by the Contractor or notification by the County. NON-ceNA (Revision 7/2008) 39 RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 1685 February 10, 2009 Page 78 of 112 . The Contractor shall describe the proposed standard process for how often the cameras systems will be visited for maintenance and inspection and shall explain what occurs during a maintenance and inspection visit. . The Contractor shall provide ongoing training support as needed by the County. . The Contractor shall provide hands-on training as necessary to personnel as required by the County. . The Contractor shall provide training materials. Operations and Public Awareness The Contractor shall describe the Project Management Approach and how it will ensure a successful project for the County. . The Contractor 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 systems at public seminars or presentations. The Contractor will provide staff for public forums as necessary. . Contractor shall provide a project manager for the project as the single point of contact to the County. . Contractor shall provide intersection design and installation plans for review and approval by the County Traffic Engineering Department and Permitting Department. . Contractor shall install and maintain installed cameras. . Contractor shall be responsible for loading, optimizing, and license plate data entry processing of images for review (final review to be processed by authorized County personnel) . Contractor will prepare one notice letter for all chargeable violations and will mail notice letters to vehicle owners. The Contractor 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 Contractor shall include a return envelope for payments. . Violations for which registered owner data is available shall be issued within the legally required number of days of the violation event date. 40 NON.CCNA (Revision 712008) RFP 08-5132 Red Light Running Camera Enforcement System Agenda Item No. 16B5 February 10, 2009 Page 79 of 112 · Contractor may be asked to provide all required notice processing supplies including, paper, envelopes, postage, toner, and any and all notice printing supplies. . Notices shall include one set of images and a license plate image, · Contractor shall provide a means for the fines to be paid on-line by credit or debit card. · Contractor shall provide a means for the fines to be paid by phone using a credit or debit card. · Contractor shall provide for a third party collection service for the collection of delinquent accounts. NON-ceNA (Revision 7/2008) 41 ~ COLLIER COUNTY GOVERNMENT Agenda Item No. 16B5 February 10, 2009 Page 80 of 112 PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING G NAPLES, FLORIDA 34112 (239) 252-8407 FAX (239) 732-0844 January 26, 2009 Mr. James Haddow Jr. Associate Corporate Counsel ACS State & Local Solutions, Inc. 1800 M Street NW Washington DC 20036 RE: Protest Decision, RFP 08-5132, Red Light Running Camera Enforcement Systems Dear Mr. Haddow: This office has closely reviewed the protest of the recommended award filed by ACS on January 12, 2009. The following is a summary of the issues raised in the protest and the findings of this office regarding each: 1. The gathering of business references pertaining to the performance of ACS. a. References pertaining to ACS were not gathered by Collier County initially. b. In the November 19, 2008, selection committee deliberations, the members were incorrectly led to believe that staff had sought, but not received any replies to reference queries pertaining to ACS prior to that meeting. c. The staff subsequently obtained references from two firms listed in ACS' proposal and stated that the remaining references had not responded. d, Staff has not responded to a public records request seeking evidence of the ACS references being solicited, e. The failure to provide references to the committee and the initial incorrect representations regarding the references by Purchasing staff created a negative bias in the evaluation of the ACS proposal. The subsequent November 24, 2008, deliberations meeting, which was called to address this deficiency, was not a sufficient remedy for this bias. FINDINGS: This office generally concurs with the assertion of the protestor set forth under items l.a-d. With regard to item l.c-d and in response to ACS's previous public records request for this information, please find enclosed a copy of the e-mail request (labeled "Exhibit A ") disseminated to seven ACS references on November 20, the day after the initial selection committee deliberations. Two of the seven references responded. By comparison, five references were contacted on Mr. James Haddow Jr. January 26, 2009 Page 2 of 6 Agenda Item No. 1665 February 10, 2009 Page 81 of 112 behalf of American Traffic Solutions (referenced as "INC'in the protest and herein referred to as "A TS'j, the selected firm and two of them responded. With regard to item 1, e, this office reviewed the tapes from both selection committee deliberations and the scoring sheets from each meeting. The following was noted: o In the November 19, 2008, deliberations, one of the committee members commented that many of the proposers' references had not responded to the County's queries. With regard to ACS' references, this was incorrect as those references had not in fact been contacted. o Immediately after the November 19,2008, deliberations, it was determined that ACS's references had not been contacted. Purchasing staff solicited those references the next day. Another selection committee deliberations meeting was scheduled and conducted on November 24, 2009. In that meeting, the committee was provided reference information regarding ACS and given the opportunity to adjust their scores accordingly. As a result, two members (including the individual who commented on the lack of response from the references in the previous meeting) increased their overall scores for ACS, In one instance, this resulted in one member raising ACS from second to first in their overall individual rankings. o There were no negative comments regarding ACS' references noted in the November 24, 2008, meeting nor any evidence that any committee member had a resultant bias against ACS at that point in the process, In summary, the selection committee was reconvened on November 24, 2008, and was advised of the error regarding the failure to gather ACS' references prior to the November 19,2008, meeting. At that time, members were also provided ACS' references. There is no evidence that the corrective actions of November 24, 2008, did not effectively mitigate the procedural error and misrepresentation in the November 19, 2008, meeting. There is clear evidence that ACS' standing improved when the proposals were re-scored. 2. The evaluation criteria published In the RFP did not match the criteria listed in the selection committee scoring sheets. a. The RFP included ten specified criteria with a total weight of 100 points b. "Cost" was not included among the criteria listed in the RFP document. c. The scoring sheets distributed to the selection committee inciuded eleven specified criteria that totaled 120 points. Cost was among the listed criteria on the scoring sheet and was assigned a weight of 10 points. d. Two different forms were used by the various committee members to tally their scores. One allowed the committee members to see almost all of the listed scores at once whiie the other placed all vendors on separate sheets. Mr. James Haddow Jr. January 26, 2009 Page 3 of 6 Agenda Item No. 16B5 February 10, 2009 Page 82 of 112 e. The committee members did not consistently apply the evaluation criteria to various vendors (to wit GATSO's scores). FINDINGS: This office generally concurs with the assertions set forth by the protestor as summarized herein under items 2.a-c. However, it is important to note the following regarding each assertion: o The evaluation criteria published in the RFP governs the scoring process. o Each of the ten criteria listed in the RFP were also included on the scoring sheet. o The respective weights of each of the ten criteria that appeared in both the RFP and the scoring sheet varied in virtually all instances by only one point (in one instance by two points). o Given that all of the criteria published in the RFP were in fact scored, it is possible to mathematically prorate the scores by each committee member to match the weights of the published criteria in the RFP, providing an object result. To this end, please find enclosed Exhibit 8, which displays the corrected scores, rankings and compilation of the rankings. o In the process of preparing Exhibit 8, this office detected a scoring error by two committee members in which ACS improperly received partial points under the local preference criterion. These scores may have been resulted from the erroneous submission of the local vendor preference affidavit by two of ACS' subconsultants. Under Section XI of the County's purchasing policy (as cited under Section 10.P of the RFP and in the local business preference affidavit found on pages 27-28 of the RFP), local preference is only available to the bidders or this case proposers who actually tender the offer. It does not apply to subcontractors, subconsultants or other third parties to the offer. Accordingly, the erroneous scores for ACS were corrected and the resulting rankings re- computed and re-compiled. o A comparison of Exhibit 8 against the compilation of the actual scoring sheets indicates that in both instances, ATS is the highest overall ranked firm and ACS is the second highest ranked firm. Ergo, it can be concluded that the errors in the scoring sheet did not materially affect the outcome of the scoring process, o With regard to item 2.d, each committee member received a single blank scoring sheet prior to evaluating the proposals. The blank sheet contains five columns and provides each member with a standard format for recording their scores. In this instance, six proposals were received. Therefore, it would not have been possible to get the results onto a single blank form as the form only contains five columns. In most instances, the committee members included some of the firms'scores on one page and some on a second page. One Mr. James Haddow Jr. January 26, 2009 Page 4 of 6 Agenda Item No. 1685 February 10, 2009 . PaQ.(' 83 of 112 committee member chose to record each firm's scores on separate pages, I nere is no statutory or administrative requirement that all scores appear on a single page nor are members required to use the same literal blank form. Members are, in effect, permitted to create their own scoring sheets provided of course that they use the published evaluation criteria and weights. o With regard to item 2. e, the referenced proposal was ultimately scored and ranked fifth overall among the six firms, In this particular instance, no standard definitions were provided for each of the criterion (nor were any objections received on this point from any of the competing firms prior to the closing of the RFP). Moreover, selection committees are typically diverse in their membership and it is not unusual to see such variations in scores, particularly on a given criterion (i.e,; some evaluators are more generous with points than others). For this reason, the rankinos of the committee members, not the raw scores are compiled together to form the composite results. Additionally, decision-making is ultimately by consensus, which serves to further minimize the significance of variations in individual scores. In reviewing the deliberations, there was no evidence of any inconsistencies with regard to facts and data pertaining to this firm and this specific criterion. 3, The cost of certified mail services in the ATS proposal... o Included an "extra" fee of $3.70 per certified mailing (one for first and one for second unpaid citation), o Is not compliant with County ordinance 2007-44 Article 4, Section 9(1)(a) which requires that ali notices be sent by certified mail. FINDINGS: Review of the RFP indicates that each proposer was to submit a general cost proposal. In speaking with the Traffic Operations Director (who was also one of the selection committee members). he indicated that the primary purpose of the ordinance is to deter the running of red lights rather than maximizing revenues to the County. According to him and the purchasing agent responsible for the RFP content, the purpose of obtaining the cost information was to ensure that the fees and expenses charged by each proposer were generally reasonable. For this reason, "cost" was not included in the published RFP criteria. Both A TS and ACS had provided Collier County multiple cost/pricing options, In the case of ATS, the cost of mailing certified parcels (e.g.; citations, hearing notices) was listed as an itemized cost. In the case of ACS, that cost was expressly included in the cost of processing each violation. Whether ATS deemed these charges optional or not, the cost was clearly identified to the County and in instances where the referenced ordinance (or for that matter, the County's administrative procedures) prescribes the mailing of these items by certified mail, the County would be able to obtain these services from ATS and hence would be compliant with the ordinance. It should also be noted that while ATS is charging the County for certified mail transactions, its prices for processing violations otherwise generally appear to be lower than ACS~ Mr. James Haddow Jr. January 26, 2009 Page 5 of 6 Agenda Item No. 16B5 February 10, 2009 Page 84 of 112 4. The evaluation process did not comply with County, state and federal laws: o The process did not comply with Collier County ordinance 2007-44 o The process did not comply with Section F.5. 287.057(1)(a) o The process did not comply with federal law FINDINGS: With regard to applicable County laws, the issue regarding the certified mailing requirements was addressed in the Findings under issue #3. With regard to F.S. 287.057(1)(a), the cited language applies to the sealed bidding process not the requests for proposals process. Also, County governments are not subject to the referenced section of this law (see 287.012 F,S, for clarification). While the protest asserts that federal law has been violated, no specific citations are provided. Generally, federal acquisition regulations do not apply to purchases made by local governments. This office is not aware of any federal statute that would govern or apply to this particular procurement process. OTHER ISSUES: The County's decision-makina process: On page 8 of the protest letter, there is the following comment, "It cannot be determined at this time if a collective ranking of each proposer by the Selection Committee is standard practice". As a matter of clarification, selection committee decisions are in fact by consensus as prescribed under APPENDIX 2.A of Collier County's Procurement Administration Procedures, A copy of the pertinent language (section 5.d) is included as Exhibit C. CONCLUSION In reviewing the selection process, including the RFP document, the proposals in question and the deliberations of the selection committee, this office concurs that errors occurred with regard to the gathering of references and the evaluation criteria included in the committee scoring sheets in the initial proposal scoring process. These errors are regrettable and corrective actions will be taken to prevent them from recurring with future evaluations. That said, it is the finding of this office that the errors were properly mitigated and does not find any evidence that the errors ultimately affected the outcome of the committee decision. Therefore, it is the decision of this office to reject the protest filed by ACS and proceed with award to ATS as recommended by County staff. Under Section XVIII.C of the County's purchasing policy, the decision of the Purchasing Director shall be considered final and conclusive unless the protestor delivers a subsequent written objection to my attention within two business days from the date of receipt of this decision or not later than close of business on Wednesday, January 28, 2009. Mr. James Haddow Jr. January 26, 2009 Page 6 of 6 Agenda Item No. 1685 February 10, 2009 Page 85 of 112 Sincerely, Steve Carnell, Purchasing/General Services Director Exhibits A, B, C Agenda Item No. 1665 February 10, 2009 Page 86 of 112 AG R E EM E NT 08-5132 for Red Light Running Camera Enforcement System THIS AGREEMENT, made and entered into on this _ day of . 2009, by and between American Traffic Solutions (ATS), authorized to do business in the State of Alizona, 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": WITNESSETH: 1. COMMENCEMENT. The Conh'actor shall commence the work after receipt of a Notice to Proceed. The conh'act 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 4108-5132 and the Scope of Work referred to herein as Exhibit A and made an integral pm-t of this agreement. Tins Agreement contains the entire understmlding between the parties and any modifications to tins 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 tIns turnkey red light camera running progTam based on a tiered fee per paid citation as outlined in Exhibit B. Payment will be made upon receipt Df a proper invoice and upDn approval by the Project Manager Dr his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". rage 1 of 22 Agenda Item No. 1685 February 10, 2009 Page 87 of 112 4. SALES TAX. Conb'actor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the perfonnance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Conh'actor at the following Address: American Traffic Solutions 7681 East Gray Road Scottsdale, Arizona 85260 Telephone: 480/442-7000 Fax: 480/607-0901 Attention: Greg Parks, Vice President All Notices from the Conb'actor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, 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. Not11ing herein contained shall create or be consh'ued as creating a partnersl1ip 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.8., all 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 necessary for the prosecution of the vVork 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 Conb'actor. 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 Conh'actor agr'ees 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 person to use in any manner whatsoever, County facilities for any improper, immoral or offensive Puge 2 of11 Agenda Item No. 1685 February 10, 2009 Page 88 of 112 pm'pose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental 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 Cona'actor to be objectionable or improper, the County shall have the right to suspend the contract of the Cona'actor. Should the Cona'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. 'TIle 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 shaH be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination 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. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Cona'actual Liability. B. Business Auto Liability: Coverage shaH have minimum limits or $2,000,000 Per Occurrence, Combined Single Limit ror Bodily Injury Liability and Property Damage Liability. This shaH include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering aH employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimwn limit of $500,000 for each accident. Special Requirements: Collier County shaH 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 shaH be maintained by Cona'actor during the dmation of this Agreement. Renewal certificates shaH be sent to the County thirty (30) days prior to any expiration date. Page 3 of 11 Agenda Item No. 1685 February 10, 2009 Page 89 of 112 There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor 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 inderruUfy 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 perfOlmance of this Agreement. This indemnification obligation shall not be construed 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. This 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 which 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 "B" Pricing and tIu'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 otIler item of value to any County employee, as set forth in Chapter 112, Part III, FIOlida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more 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 Agenda Item No. 1665 February 10, 2009 Page 90 of 112 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, andlor quotes; and, c. inunediate termination of any contract held by the individual and! or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Conh'actor is formally 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 at 8 US.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 tItis 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 conh'act to other governmental entities at the discretion of the successful Conh'actor. 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 conlract 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 Conh'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 cOlmnencement 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 Conh'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. P2.ge 5 of22 Agenda Item No. 1685 February 10, 2009 Page 91 of 112 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 PERSONNEUPROTECT STAFFING. The Conh'actor's personnel and management to be utilized for tIus 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. Firm 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. Page 6 of22 Agenda Item No. 16B5 February 10, 2009 Page 92 of 112 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set theil' hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Dated; (SEAL) Donna Fiala, Chainnan American Traffic Solutions CO"""'''J ~~ By "~'""re ~::'~m~~ \AMJitJ)~ j4.PAm E. TuTovJ / e;./P- <:-06 ~~tness Typed signature af.d title p?ff(. Approved as to form and legal sufficiency: ~ tt f?j~~L Assistant County Attorney S ~it f< ~"r:t.., Print Name Page 7 of22 Agenda Item No. 16B5 February 10, 2009 Page 93 of 112 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 reconunended 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 Cliteria and rationale for their selection. Prior to implementation and twelve (12) months after implementation of the enforcement equipment the Contractor shall perfonn 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 (6D) 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 Conti'actor shall provide for comprehensive and fully integrated red light ti'affic safety management services. The successful Conh'actor will deploy h'affic safety camera equipment at designated arterial intersections, covering one to fotu' (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 s1lstems mllst be ltoll-illtrusive to the tmffic signal cabi1let1'll (110 access to the si;mal cOlltrollel' cabillet will be permitted). II. SECOND PHASE OF SERVICES (Compensated): Red Li~ht Camera System The Conti'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 P3ge S ofl1 Agenda Item No. 16B5 February 10, 2009 Page 94 of 112 Traffic Operations Deparhnent upon request. All sllstems must be llOlI-illtrusive to the traffic sigllal cabillet - alld access to the si"nal cOlltroller cabinet will/lOt be ve1"11litted. . 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 Contractor shall provide equipment that is capable of gathering 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 h'affic. . The Contractor 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. 111e 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 unage shall capture the vehicle after the rear axle has crossed the crosswalk or legal limit line. 111e 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 Contractor shall provide a camera system which shall record data pertinent to each violation at the time of capture. . The Contractor shall provide data which shaH 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. 111e 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, mU1utes and seconds; e) Elapsed time between images; f) DiJ:ection of h'avel; Page 90f22 Agenda Item No. 16B5 February 10, 2009 Page 95 of 112 g) Traffic signal phase; h) Time into the red phase displayed in thousandths of a second; g) Duration of the prior amber phase; h) Vehicle lane of travel; i) Camera ID; and j) Frame sequence number. . The Contractor shall provide a system which includes an m1cillary 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 Conn'actor shall include a camera system that shall be capable of on-site or remote activation and maintenance support. . The Contractor shall include a camera system that shall perform a self-test on set-up; simulate a violation being recorded for testing; conununicate error messages; record date and time of system shutdown in the event of a malfunction. . The Conn'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 andlor concurrent violations occurring during any red signal phase. The Conh'actor shall provide a system which shall provide 24 hours a day 17 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 m'e synclu'onized to a single, standm'd, 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. Page lOaf1] Agenda Item No. 1665 February 10, 2009 Page 96 of 112 . Red light camera enclosures must be designed in such a fashion that maintenance, and other operations can be accomplished easily and quickly without creating a public safety hazard. The Contractor shall explain typical maintenance procedures. . 111e Contractor shall state installation and construction times for a generic intersection. . The system shall be able to simultaneously monitor traffic 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 violations, regardless of vehicle speed (please reference 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 Contractor processing software on County owned or maintained infonnation teclmology or computing systems. The violation processing system shall allow the County a detailed view into all of the information related to the prog1'am. 111e 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 plate images; f) Ability to view each image as a full screen enlargement with a single cI ick; g) Ability to view all original images; h) Ability to "crop" a license plate image al'ea from the optimal license plate image in the mul tiple-image license plate set to establish vehicle rD, and subsequently print the cropped plate area image to the notice; i) Ability to "accept" or "reject" violation sets and record rejection reasons; Pwge J I of2.2 Agenda Item No. 1685 February 10, 2009 Page 97 of 112 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 :mage 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 inm1ediately 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 ovmer data is available shall be issued within seven (7) business days after police review of the incident. Citation Processing 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 Contractor 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 track citations and payments will be installed and fully operational. d) Connections must be established to the Florida Department of Motor Vehicles and other states to obtain motor vehicle registration information. e) Citations will be postmarked 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 velify that a violation has occurred. Operations Office and operational depaI'hllents will be fully staffed within the first sixty (60) days after conh'act execution. The County will have the righ t to review the references and background Page ]~ ofn Agenda Item No. 1685 February 10, 2009 Page 98 of 112 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 fomteen (14) business days of the violation event date. f) After expiration of the second notice due date, Contractor shall pursue collections on unpaid notices. g) Contractors will comply with the Fair Debt Collection Practices Act, 15 US. 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. nus includes receiving tile uutial appeal request, scheduling appeal hearings before the court and pTOviding testimony and all background materials related to the appeal to the court. a) Proposal shall provide hearing scheduling service for violators who dispute notices. nus 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 tlu'ough the court. b) A package for each appeal shall be prepared and provided to tlle County to include the followulg: 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 wluch 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 tecImical or factual witness as required to prove all elements of the violation. Ol'erating Location and Customer Service SUDl'ort Page 13 of22 Agenda Item No. 1685 February 10, 2009 Page 99 of 112 The automated red light enforcement system will be overseen and administered by the Collier County Transportation Departinent and/ or designee. The selected Conti'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 Conti'actor 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 Conti'actor remains highly responsive to the needs of the program and meets the requirements set forth by the County. Statistical Analysis and Reporting Systems The processing system shall produce statistical analysis of camera location and operations will be preferred; including, at minimum: a) Hours of use per camera by operational site; b) Results achieved by each camera by site; c) Offenses recorded by site; and d) Traffic counts by lane, date and hour. The processing system shall be capable of immediately generating operations reports 24 hours a day /7 days a week including: a) Number of violations recorded; 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). TIle processing system shall also supply reports of: a) Camera equipment hours of service and hours lost; and b) Number and description of camera or other equipment malfunctions. The processing system shall provide violation and traffic statistics as follows: a) Real-time traffic volume and vehicle counts; and b) Real-time violation graphs and chart by: I) individual lane; II) time of day; and !Il) day of week. TIle conti',xtor shall provide a monthly report that includes the following: a) The number of events detected, notices/ violations issued and Page !'-lof12 Agenda Item No. 1685 February 10, 2009 Page 100 of 112 prosecutable image rate by location and in total; b) The total number of violations that occurred and percentage of total vehicle traffic by lane; and the total number of percentage of rejected images by reason. Image Transmission Security and Data Storage The system shall provide for image and data security that shall prevent unauthOlized persons from accessing the camera linages and databases and tampering with images. The Contractor shall store all enforceable images produced by cameras for no less than one hundred and eighty (180) days after final disposition. The Contractor shall provide an evidence package for any contested violations. The package shall consist of: a) All issued and disputed notices to the party; b) A violation history report; c) A correspondence file; and 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 Conh'actor 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 Contractor shall provide hands-on training as necessary to personnel as required by the County. . The Contractor shall provide training materials. Page 150f22 Agenda Item No. 1685 February 10, 2009 Page 101 of 112 Operations and Public Awareness . TI1e 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 systems at public seminars or presentations. The Contractor will provide staff for public forums as necessary. . Contractor shall provide a project manager for the project as the single point of con tact to the County. . Conh'actor shall provide intersection design and installation plans for review and approval by the County Traffic Engineering Department and Permitting Department. . Conh'actor s11all install and maintain installed cameras. . Contractor shall be responsible for loading, optimizing, and license plate data entry processing of images for review (final review to be processed by authorized County perso1U1el) . 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. . Conh'actor may be asked to provide all required notice processing supplies including, paper, envelopes, postage, toner, and any and all notice printing supplies. · Notices shall include one set of images and a license plate image. · Contractor shall provide a means for the fines to be paid on-line by credit or debit card. . Contractor shall provide a means for the fines to be paid by phone using a credit or debit card. . Contractor shall provide for a third party collection service for the collection of delinquent accounts. rJgc 16of22 Agenda Item No. 1665 February 10, 2009 Page 102 of 112 Responsibilities of Contract Parties 1. AMERICAN TRAFFIC SOLUTIONS (A TS) 1.2 ATSIMPLEMENTATION 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 ATS, 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 A TS for the cost. All other in-scope work, external to the Customer, is the responsibility of A TS. 1.2.2 ATS 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 ATS 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. A TS will install cameras and place into operation a minimum of 12 approaches within 12 months of execution of this contract. An additional minimum of 12 approaches, as appropriate, will be installed during the second tlu'ough third 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 deparhnent will assist the Customer with public information 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 I'elations provided that such extra scope expenditmes 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 of22 Agenda Item No. 16B5 February 10, 2009 Page 103 of 112 1.2.8 The Customer and ATS will complete the Project Business Process Work Flow design within 30 calendar days of contract signature. 1.2.9 ATS normally shall provide technician site visits to each Camera System once per month to perform preventive maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and conU'oller 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 infrasU'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, Inc. 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 US. Bank Customer shall sign a W-9 and blocked account agreement, to be completed by the Customer, to ensure the Customer's financial intcrest in said US Bank account is preserved. 1.3 ATS OPERATIONS 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, 1st 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 mailmcans for additional compensation to ATS as agreed by the parties in Schedule 1. 1.3.4 A TS shall apply an elecU'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 regisU'ation 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 regisU'ation databases and apply records found to Axsis to issue citations for t11e Customer according to each p,icing option. rage IS of12 Agenda Item No. 1665 February 10, 2D09 Page 104 of 112 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 infonnation required 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 A TS system to a court computer system shall be borne by the Customer. ATS 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 Illiltters relating to the accuracy, technical 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, ATS shall replace or repair any damaged equipment and invoice for the pre-approved repair cost. A TS 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 A TS and conununicated to the Court via the Axsis VPS transfer described above. 2. CUSTOMER SCOPE OF WORK 2.2 GENERAL IMPLEMENTATION REQUIREMENTS 2.2.1 Within 7 business days of conh'act 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 Magistrate related prognITI requirements Page 19 of22 Agenda Item No. 1685 February 10, 2009 Page 105 of 112 2.2.3 The Customer shall make every effort to adheTe to the Project Time Line to be agreed upon betv.reen the parties. 2.2.4 111e Customer and ATS shall complete the Project Business Process Work Flow design within 30 calendar days of contract signature. 2.3 TRAFFIC OPERATIONS DEPARTMENT 2.3.1 If the Customer chooses to move a Camera System to a new approach afteT initial installation, it shall pay the costs to relocate the System. 2.3.2 Customer will design, fabricate, instal! and maintain red light camera warning signs. If Customer CaJU10t provide such signage, ATS will do so and charge the costs to the client. 2.3.3 Customer shall 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 ciTCUit breaker within the power disconnect enclosure. 2.3.4 Installation plans and drawings wiII 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 shall 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, street use, lane closures, and/ or pole attachment permits. 2.4 SHERIFFS 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 Teleconmmnications System, or appropriate authority indicating that ATS is acting as an Agent of the Customer for the purposes of accessing vehicle ownership data pursuaJlt to the list of perntissible uses delineated in the Drivers Privacy Protection Act 18 US.c. S 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law. 2.4.2 The Sheriffs Office shall process each potential violation in accordance with State Laws andlor County Ordimmces within 3 business days of its appearance in the Police Review Queue, using Axsis™ to determine which violations will be issued 3S Citations or Notices of Violation. 2.4.3 Sheriff's Office 1vorkstation computer monitors for citation review and approval should provide a resolution of 1280 x 102'1. Page 20 of22 Agenda Item No. 1685 February 10, 2009 Page 106 of 112 2.4.4 For optimal data t!u'oughput, Sheriffs Office workstations should be connected to a high-speed internet C011l1ection with bandwidth of T-1 or greater. 2.4.5 111e Sheriffs 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 Iockbox 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 hear 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 contract signature. 2.5.4 Code Enforcement shall approve the Citation form within 15 days after receipt from ATS. 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 ATS 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-goh1g field and back-office operations. All fees are disclosed in Exhibit B. Pag.c2! of22 Agenda item No. 16B5 February 10, 2009 Page 107 of 112 EXHIBIT B PRICING 08-5132 Red Lig;ht Camera Enforcement Svstem Option B - Tiered Fee per Paid Citation (one camera I rear imaging) TIus fee schedule reduces the incremental cost to the County as the number of paid notices increases. 3,d 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) 1st Tier Fee (First 3 paid notices per day per $47.50 camera (Le. 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 Sl 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 (Tllis fee is charged per unit and is in addition to postage, wIlich 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 22 of1?: ~ ACORD" ~ Agenda Item No. 16B5 February 10, 2009 Pa PRODUCER 877-945-7378 DATE (MMJDOm'fY, 01/16/2009 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 AFFORDEO BY THE POLICIES BELOW. CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 willis HRH 26 Century Blvd. P. O. Box 305191 Nashville, TN 372305191 INSURED American Traffic Solutions, 7681 E Gray Road Scottsdale, AZ 85260 Inc. . _ ____ r:1~S-':'RERS AFFOR~I~~ COVERAGE IN SURER ~.:....Na t,' on '_l~.__~" -=:..e:_ Insuranc..t;'__c::?:~E-~n~.~artfo IN_~.!:!!3~~:..-_NationalJ_iE~_~Buran.:l::!_e_..S:?mpan: of Hutfo _~N_~URE~ c: Twi~._.C_~ !:Y_ ~_~re I~~ :._~o: INSUREH D: r-----------. -. ----- ---. INSURER E: NAIC# 20478-076 20478-002 29459-001 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlTHSTANDING 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. l~fFf ~J1~r TYPE OF INSURANCE POLICY NUM;~~-. - T~~~~C~~~tWt~~- :~2H~~~J~~~"IT--~- --- A I X ~NERALLlABILlTY 2092249865 ! 11/17 /2 008 11/17/200 91 EACHOCCURf3.~NCE . I pAMAGE TO RENTED _~ ~MERCIAl GENERAL LIABILITY ,_PReMiSeS rEa oc~_uri':[g,-eJ __~ CLAIMS MADE [i] OCCUR I 1~~~C2....~X!'(Arlyq,~erson) _ _._~_,.___ P.5'~~O~^~&_ADV1NJURY _ __ _ ~.___ G[N~BAlAGGREGAT~ __ ~N'L AGGRE~I,E ~~~ AP~~S PER: J'~ODUCTS - COMP/Of> AGG I POLICY I X I JECT I IlOC ! 3AUT. OMOBILE LIABILITY X ANY AUTO AllOWNEDAUTOS : SCHEDULED AUTOS ~~ HIRED AUTOS i ~ NON'OWNE~~UlOS ____I I LIMITS I. I. I. 1.L.O~nLQ'p~ ~,QO-,--Q_fJ~ ._ 15,000 $ _1.000.000 .~ 2.0DO,DQ,L . 2,000,000 B 2097360568 11/17/2008 11/17/2009 COMBI"ED SINGLE LIMIT (Eaaccideot) ,--_. BODILY INJURY (Perpersoo) ~DllY!NJURY - - - v=--- (Pef"ccidBnt) 1~;p~~Y-;;::GE ---- : (P~raGcld"lnl) I , 1,000,000 ~~ARAGE LIABILITY H ANY AUTO ..~:\L!TO ONLY - EA ACCIDENT $ I EAACC $ OTiiER THA~ I AUTO ONLY AGG '$ - C EXCESS IUMBRELLA L1ABILlTY p.' OCCUR n CLAIMS MADE b DEDUCTIBLE I --1 RETENTION $ WORKERS COMPENSATION :59WEFyo.478 AND EMPLOYERS' LIABILITY Y IN 'I ANY PROPRIETORJPARTNER/EXECUTIVE D OFFICER/MEMBER EXCLUDED? I (MandatorylnNH) lfyes,describeundsf SPECIAL PROVISIONS helow i OTHER , EACH OCCURRENCE =~~._. $- 12/31/2008 , '. / / ,~LI we STATU.. I ,OTN-I 12 31 200. 9 X_ JORY_l!~_rr::::U_^.__L~_!- E.~. eACH ACC!Q_E_~,!_~O 0 0 000. ,!,:_L=-- DISE~S!: - EA EMPLOYEE: s I, 0. OJ2.-L.OQL IEI..DISEASE.POLiCYLiMIT i$ 1 000 000 C.A(3GR_E~~ _ ___ 1---- - I I i DESCFl.lF'TION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS Re; Contract #0.8-5132 "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 8EFORETHE 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 2S (2009/01) Co11:2590669 Tpl:884739 Cert:1 9265 @1988-200 The ACORD name and logo are registered marks of ACORD Collier County Government, FL 3301 E. Tamiami Trail Naples, FL 34112 Agenda Item No. 1665 February 10, 2009 D a 1-1') 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:2590669 Tpl:884739 Cert:12079265 CNA Agenda Item No. 16B5 February 10, 2009 Paae 110 of 112 'G-140331-A (Ed 01101) 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. 01101) 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 poi icy. 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 contracf 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, en9ineer'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, change orders 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: surveys, field orders, or drawings and 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; ~nd G-140331-A (Ed. 01/01) Agenda Item No. 1685 February 10, 2009 Paqe 111 of 112 'G-140331-A (Ed. 01101) (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 Agenda Item No. 16B5 February 10, 2009 Page 112 of 112 Named Insured: American Traffic Soluti