Agenda 09/29/2009 Item #10F
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Agenda Item No. 10F
September 29, 2009
Page 1 of 53
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 10F
Item Summary: This item to be heard at 3:00 p,m. A presentation to the Board of County Commissioners
regarding the Collier County Intersection Safety Ordinance (Ord. 2008-22) and resultant use
of Red Light Running Cameras for enforcement. Presentation to be made by BCC staff from
the Traffic Operations Department and the Collier County Sheriff's Office. (Time certain
requested by Commissioner Coletta) (Norman Feder, Transportation Services Administrator)
Meeting Date: 9/29/2009 9:00:00 AM
Prepared By
Robert W. Tipton, P.E. Traffic Operations Director Date
Transportation Services Traffic Operations 9/16/20096:15:36 PM
Approved By
Robert W. Tipton, P.E. Traffic Operations Director Date
Transportation Services Traffic Operations 9/16/20096:18 PM
Approved By
Pat Lehnhard Executive Secretary Date
Transportation Services Transportation Services Admin 9/17/20091:06 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 9/17/20091:12 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 9/22/2009 4:56 PM
Approved By
Leo E. Ochs, Jr, Deputy County Manager Date
Board of County
Com missioners County Manager's Office 9/22/20095:50 PM
file://C:\Agendatest\export\135-September 29,2009\10. COUNTY MANAGER REPORT\1... 9/2312009
, ,". AN OR.l).D4ANCE OF COLLIER COUNTY, FLORIDA, CREATING A NEW ARTIC~E
'~~;.#!:!N:ltHAPTER 78 OF THE CODE OF LAWS AND ORDINANCES~~=m~~~
'. C~TY TITLED THE "COLLIER COUNTY INTERSECTIO'NfJ S~T\'f 53
ORDINANCE;" PROVIDING DEFINITIONS; REQUIRING ADHERENCE TO
TRAFFIC CONTROLS; PROVIDING FOR EXCEPTIONS AND PENAL TIES;
REQUIRING NOTICE OF CODE VIOLATIONS; PROVIDING OBLIGATIONS OF
VEHICLE OWNER; PROVIDING FOR APPEALS; PROVIDING A SIXTY DAY
GRACE PERIOD; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING
THE EFFECTIVE DATE.
WHEREAS, Collier County is a high density traffic area and regularly experiences
traffic incidents related to the failure of drivers of vehicles to obey traffic control devices,
including traffic lights, which failures expose individuals to the dangers of personal injury or
death and damage to property; and
WHEREAS, use of unmanned cameras can be an effective means to encourage vehicle
owners to obey traffic control devices and entrust their vehicles only to responsible drivers, and
to discover and impose civil fines upon owners of vehicles if the driver of the owner's vehicle
fails-to strictly adhere to traffic control devices, thereby freeing law enforcement personnel and
other resources to be more efficiently utilized in responding to other offenses; and
WHEREAS, Florida counties and municipal corporations have demonstrated increased
vehicular and pedestrian traffic safety attributable to use of unmanned cameras at road
intersections; and
WHEREAS, Florida Attorney General Opinion 97-06 opines that Florida counties and
municipalities cannot issue a Uniform Traffic Citation to cite violations of Section 316.075,
Florida Statutes, unless the violation is personally viewed by an enforcement officer; and
WHEREAS, Florida Attorney General Opinion 2005~4l confirms the County's authority
to enact this Ordinance to make failure of a vehicle driver to obey a traffic light or traffic control
sign is enforceable as a violation of this Ordinance by use of unmanned camera to record the
violation, including the license tag of the vehicle; and
WHEREAS, pursuant to section 316.008(1)(w), Florida Statutes, Collier County may
lawfully enforce this Ordinance by authorized Deputy Sheriffs reviewing images recorded by a
traffic violation photographic system; and
WHEREAS, any Traffic Control Infraction Review Officer can lawfully issue Notices of
Violation of this Ordinance (Article) to a registered owner of the offending vehicle, but cannot
lawfully issue a Unifonn Traffic Citation to cite such Ordinance violation, and shall not refer any
such Ordinance violation for enforcement by a court of law; and
WHEREAS, no violation of this Ordinance shall result in any points as provided in
Section 322.27, Florida Statutes, or otherwise, nor be any basis for suspension or revocation of
any driving privilege; and
WHEREAS, the Board finds that implementation of this enforcement program will
promote, protect and improve the health, safety and welfare of individuals and protect property
consistent with Florida's Constitution and Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that a new Article III in ~te~~
78 of the Code of Laws and Ordinances of Collier County is hereby created to read as f~s: ~L~
~it. ;g i1
(j) , f't... ') ""i.--.
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Ordinance." This Article applies only to violations at intersections monitored bY-~!it 10F
Septembe 9, 2009
traffic violation photographic system. Page 3 of 53
SECTION TWO. DEFINITIONS.
The following words, tenns, and phrases, when used in this Article, shall have the
meanings herein ascribed to them, unless the context clearly indicates a different meaning:
Intersection means the are~ embraced within the prolongation or connection of the lateral
curb line; or if none, then the lateral boundary lines of the roadways of two roads which join or
intersect one another at, or approximately at, right angles; or the area within which vehicles
traveling upon different roads joining at any other angle may come in conflict. As to unlawful
twns from an intersection. the turn can include, but is not necessarily limited to, entering into an
alley, private road. service road or driveway.
Owner means the individual or entity holding legal title of the vehicle, or, in the event a
vehicle is the subject of an agreement for conditional sale or lease thereof with the right of
purchase upon performance of conditions stated in such agreement and with an immediate right
of possession vested in the conditional vendee or lessee. or in the event a mortgagor of a vehicle
is entitled to possession, such conditional vendee, lessee or mortgagor shall be deemed to be the
owner of such vehicle for purposes of this Article.
Recorded Image means an image recorded by the traffic violation photographic system
by photographs, electronic images. digital images, digital or video movie, or by any other
medium that records a moving violation of this Article.
Traffic control signal (traffic light) means a traffic control device that exhibits a light that
is steady (including turn arrow) or is flashing. The lights are green, yellow and red.
Traffic Control Infraction Review Officer means any law enforcement officer employed
by the Collier County Sheriffs Office who meets the requirements of Section 943.13, Florida
Statutes. or its successor in function.
Traffic violation photographic system means a device (camera) that makes a recorded
image of the respective vehicle traveling into or through the intersection.
Vehicle means every device in, upon. or by which any individual or property is or may be
transported or drawn upon a road. street or highway. excepting only such device designed
exclusively for operation upon stationary rails or stationary tracks.
DefInitions in Florida Statutes may be referred to if relevant, including with regard to
appeals. Singular words include the plural where the context permits. "Notice of Code
Violation" includes "violations" if more than one violation is cited.
SECTION THREE. ADHERENCE TO TRAFFIC CONTROLS.
Each of these violations is classified as a moving violation by Florida Statute.
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turned green. A steady red traffic light includes a steady red ball, a steady left ~~ ~pa10F
September 29, 2009
steady red turn arrow that in conjunction with a "no turn on red" sign or substantialljPsinti4atf 53
sign, prohibits turning a vehicle at that intersection at that time. This violation occurs whether the
vehicle proceeds through the intersection or makes a turn at or in the intersection, including a U-
turn. Each violation of this subsection is a violation of this Article. (Refer to Subsection
3l6.075(1)(c), Florida Statutes, - Steady red indication).
(b) Flashing red traffic light. A vehicle driver approaching a flashing red traffic light at
an intersection shall obey that light as if a stop sign. A vehicle driver who does not bring such
vehicle to a complete stop before allowing any part of the vehicle to enter into the intersection,
intersection line, crosswalk line or "stop here on red" line, as applicable, is a violation of this
Article. The driver's right to proceed shall be subject to rules that apply to a stop sign. (Refer to
Sec. 316.076, Florida Statutes, - Flashing signals).
- (c) Inoperable or malfunction traffic light. Failure of a vehicle driver to treat an
inoperable traffic light or malfunctioning traffic light as a stop sign is a violation of this Article.
(Refer to Sec. 316.1235, Florida Statutes, - Vehicle approaching intersection in which traffic
lights are inoperative).
SECTION FOUR. EXCEPTIONS. The owner of the vehicle shall be responsible for paying
the civil fine for the noticed violation of this Article listed in Section Three, above, except:
(a) If the vehicle was being operated without expressed or implied permission from the
vehicle's owner. This exception applies only if the vehicle's owner signs and submits a "sworn
and subscribed to" affidavit to the Collier County Code Enforcement Department either within
twenty-one (21) days after receipt of a Notice of Code Violation or at the Special Magistrate's
hearing. The affidavit must specifically assert, if true, that the driver was driving the vehicle
without expressed or implied permission from the vehicle's owner, and must include the vehicle
driver's fun name, complete and current street address, the vehicle operator's Driver's License
number, and specify in meaningful detail how the driver came into possession of that vehicle
without express or implied permission from the vehicle's owner; or in the alternative, if
applicable, must have attached to the affidavit a true copy of a valid stolen vehicle report filed
with a law enforcement agency. The following sentence must be in the affidavit immediately
above the affiant's signature line: "Under penalties of perjury, I declare that I have read the
foregoing affidavit and all facts stated herein are true.";
(b) If the driver of such vehicle is issued a Florida Uniform Traffic Citation for the
corresponding violation of Florida Statutes that occurred at that intersection at that same date and
time;
(c) If the vehicle was an authorized emergency vehicle or other vehicle owned or
controlled by a federal, state, or local government and such vehicle's driver was authorized by
applicable law, rule or regulation to disregard that traffic lililit at that time ann nlRr.p.'
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control regulation; Agenda Item NO.1 OF
September 29,2009
(f) If the vehicle driver was reasonably required to violate the applicable traffi~f 53
device to protect valuable tangible property and/or to prevent physical injury (or death) to any
individual;
(g) If the person or entity noticed for the violation was not the owner of the vehicle as
"owner" is defined in this Article;
(h) If the appeal is based upon any other valid reason the vehicle owner in good faith
believes justifies the Special Magistrate voiding the noticed violation; or
(i) If the Special Magistrate finds there exists any other valid reason why the noticed
violation should be voided by Order of the Special Magistrate.
SECTION FIVE. PENAL TIES.
(a) Civil Fine; Costs. Each Section Three violation, above--;- issued pursuant to' this
Article shalJ be a civil, noncriminal ordinance violation for which a one hundred twenty-five
dollar ($125.00) civil fine shall be assessed against the vehicle's owner for each violation. The
civil fine must be paid in fulJ (be received by the County's Code Enforcement Department) not
later than twenty-one (21) days after the vehicle owner's receipt of the Notice of Code Violation,
unless the owner files an appeal that is actually received by the County's Code Enforcement
Department not later then twenty-one (21) days after the vehicle owner's receipt of such Notice.
The $125.00 civil fine may be amended by resolution of the Board of County Commissioners.
(b) Costs. If the appeal does not result in the noticed violation being voided by Order of
the Special Magistrate, then not later than twenty-one (21) days after receipt of written notice
from the Special Magistrate, the vehicle's owner must pay the civil fine, plus all prosecutorial
costs incurred by the County and/or the Special Magistrate. By Order of the Special Magistrate,
the Special Magistrate shall notify the vehicle's owner of the civil fine, and prosecutorial costs as
applicable, all of which shall be paid in full to the County's Code Enforcement Department not
later than the twenty-one (21) day time limit.
(c) Suspension of County Privileges. A noticed vehicle owner who fails to pay in fulJ
the applicable civil fine, and, if applicable, any costs within the applicable twenty-one (21) day
time period, shall thereby lose that vehicle owner's privilege to obtain (or renew) every Collier
County Tax Collector local business tax receipt issued to such owner (individual or entity) and
shall also thereby lose that owner's privilege to obtain other licenses and/or permits issued by
Collier County. The owner can summarily reinstate all such lost privileges by paying in full all
such fines and costs. If the applicable fines and costs are not paid in full within the applicable
twenty-one (21) day time period, the Special Magistrate may place a lien on such of the vehicle
owner's property as then authorized by Chapter 162, Florida Statutes, and/or by then applicable
Collier County Code Enforcement Ordinance(s). The lien amount, including any accrued
interest, and all costs actually incurred bv the Conntv ~nrl/()r thp ~n.....;<>ll\A..,...;<,........tA ..",~^_A~_~ ..l..._
__________ .____..___ _." u". ......u.~"'..VU\'"J V.1 AU] UIUIUl VCIU\,;lC law, no VIO!anOn OI
this Article shall result in any points, as provided in Section 322.27, FlorhtJ:tnSta~\jor1 OF
September 29,2009
otherwise, nor be any basis for suspension or revocation of any driving privilege. Page 6 of 53
SECTION SIX. NOTICE OF CODE VIOLATIONS.
(a) Issuance of Notice of Code Violation. The Collier County Sheriffs Office (CCSO)
may lawfully issue or cause to be issued the notice of violation. Each decision to issue or not
issue a Notice of Violation to the vehicle's owner pursuant to this Article shall be made by a
Traffic Control Infraction Review Officer, or designee, after his or her review of recorded
image(s) as recorded by the traffic violation photographic system. The Traffic Control Infraction
Review Officer, or designee, shall also verify that the traffic control monitoring system/devices
which captured the recorded images was functioning properly at the time the recorded images
were captured. The recorded image shall be sufficient grounds to issue a notice of violation.
(b) Contents of Notice of Code Violation. The Notice issued for the violation listed in
Section Three, above, shall be by a standard form Notice approved by the Collier County
Sheriff's Office and by the County Attorney's Office, which Notice should include the following
information:
(1) The name and mailing address of the owner of the vehicle as of the date
the noticed ordinance violation was committed;
(2) The make, model, year and registration number of such vehicle;
(3) The subsection of this Article that was violated;
(4) The date, time and intersection ofthe violation;
(5) A copy of the recorded image(s) of the violation as recorded by the traffic
violation photographic system, including a recorded image that identifies
the letters and numbers on the vehicle's license plate and the state, country
or territory shown on that license plate;
(6) The monetary amount of the civil fine and the deadline date such fme
must actually be received by the County's Code Enforcement Department.
(7) The mailing address of the Code Enforcement Department to which the
fines must be delivered by or on behalf of the vehicle's owner, and the
name of the payee to facilitate payment by money order, check or other
negotiable instrument.
(8) A statement that the signing Traffic Control Infraction Review Officer
reviewed and thereby observed the recorded image(s) evidencing the
violation, and that those images constituted reasonable grounds for that
Traffic Control Infraction Review Officer to conclude that the noticed
violation was committed at the cited date, time and intersection;
(9) A statement of the twenty-one (21) day time limit within which the vehicle
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to (i) have waived all rights to dispute that violation, (ii) t6~~flkblnit1 OF
SeptemBer 29,2009
the violation; and (iii) failure to pay all applicable fwes, and ~SlS 7~f 53
applicable, can result in loss of privileges and imposition of liens pursuant
to this Article.
(c) Delivery of Notice of Code Violation. The Notice of Code Violation shall be
delivered to the vehicle owner by certified mail, proper postage prepaid, and properly addressed
to the mailing address of the individual who (or entity that) is then listed as the titled owner by
the applicable agency of whatever State of the United States, country or territory where the
respective vehicle was registered as of the date of the noticed violation. If there is more than one
(1) such listed owner, the Notice can be delivered to only one (1) such listed owner. The County
shall have the right, but not any obligation, to serve the Notice by personal service upon one
owner at any proper place of personal service or may otherwise elect to serve one owner by any
other means then authorized by law. -
SECTION SEVEN. OBLIGATIONS OF VEHICLE OWNER; APPEALS TO
SPECIAL MAGISTRATE.
(a) Upon receipt of a Notice of Code Violation, the noticed owner may contest the
Notice by filing an appeal that is actually received by the County's Code Enforcement
Department not later than twenty-one (21) days after the vehicle's owner received such Notice. A
Code Enforcement Department employee shall note on the appeal the date and time of receipt of
that appeal.
(b) The appeal must include the owner's name, mailing address and phone number,
and must state in clear, meaningful detail all grounds upon which the violation is being contested
by the appeal. The grounds for appeal are listed in Section Four, above.
(c) The Code Enforcement Department shall promptly refer the appeal to a Special
Magistrate. The Special Magistrate shall endeavor to schedule the appeal hearing within sixty
(60) days after the Special Magistrate's receipt of the appeal (provided the appeal was actually
received by the County's Code Enforcement Department not later than twenty-one days (21) after
the vehicle owner's receipt of the Notice of Code Violation). The Special Magistrate by Order
may summarily dismiss the appeal with prejudice if the appeal does not comply with any
requirement listed in subsection (a) or subsection (b), above.
(d) The recorded images shall be admissible at the hearing for all pwposes. The
Traffic Control Infraction Review Officer may testify at the hearing.
(e) If upon appeal the noticed violation is not voided by Order of the Special
Magistrate. the owner shall pay in full the civil fine, plus all costs actually incurred by the
County and/or Special Magistrate resulting from that appeal. The civil fme and applicable
incurred costs must be delivered in full to the County's Code Enforcement Department not later
than twenty-one (21) days after the owner's receipt of the Special Magistrate's Order that states
postage prepalO, aaaressea 10 Ine owners lllalllIlg i:1UWI;::i:i @ U:i~I;;U 111 U11;; UVYUl,il " ~t't'''''''1, ............
mailing shall be sufficient receipt by the vehicle's owner. Agenda Item No.1 OF
September 29, 2009
Page 8 of 53
SECTION EIGHT. SIXTY DAYS GRACE PERIOD. The respective reviewing Traffic
Control Infraction Review Officer, or the CCSO designee, by ordinary U.S. Mail, is authorized
to mail to the vehicle owner a "Courtesy Notice" of the violation of this Article that occurs prior
to Noon of the day that is sixty (60) days after the effective date of this Article.
SECTION NINE. CONFLICT AND SEVERABILITY.
In the event this Article (Ordinance) conflicts with any other Ordinance of Collier County
or other applicable law, this Article shall apply and supersede. If any phrase or portion of this
Article is held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect
the v~idity of the remaining portions.
SECTION TEN. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier
County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish
that result, and the word "Ordinance" may be changed to "Section," ..Article" or any other
appropriate word.
SECTION ELEVEN. EFFECTIVE DATE.
This Article shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~ day of ~ . 2008.
ATTEST: , BOARD OF COUNTY COMMISSIONERS
DWIGHT E.~~~, Clerk OF COLLIER COUNTY. FLORIDA
,;:"::':', <,,- ~
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: DOi!IIty Cle&'\, / : TOM - .. INk I'
Attest "11.1 ~p, Cht''''''' ,
s i gRlbtre on 1.
Approved as to form and legal sufficiency:
By: ~~ 7J/l ~
Colleen M. Greene '
Assistant County Attorney
This e>rdinonce fi;?d with the
C" _ _ __~~~" ,...f ~t,..,tP-' s Off ice tt~e
Agenda Item No. 10F
September 29,2009
Page 9 of 53
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
-.
certify that the foregoing is a true copy of:
ORDINANCE NO. 2008-22
Which was adopted by the Board of County Commissioners on
the 22nd day of April 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd day
of April 2008.
DWIGHT E. BROCK;.,~ .,..,..
Clerk of COU!tE!.".and: ~rk
Ex-officio to Board of ;
, . -~
County Commiss~6ners _
.~k
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: Teresa Pol a s1$:i... -
. .
Deputy Clerk
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, Agenda Item No.1 OF
September 29, 2009
Page 10 of 53
A G R E EM EN T 08-5132
for
Red Light Running Cam.era Enforcement System
THIS ^GREE~, made '~d ente:ed inter on this-JLtday of ~Lb~tL") .. .' 2009, by
and between AmerIcan Traffil;: Solutions (ATS), authonzed tg 40 busmess m the State of
AriZona, whose bllsines$. addtess is 7681. East Gray ROiildj Scottsdaler Arizona 85260,
hereinafter calleq the f1Conttactor1i and Collier COWlty, a political subdivision of the State of
Florida, Collier COtUlty, Naples, .hereinafter called theliC6untyl'~
WITNESSETH:
1. COMMENCEMENT~ The Contractor shall c6IT1.1'rience the work after receipt of a
Notice to Proceed.
The contract shall be for a thirty six (36) month period, commencingort the date of the
issuance of a Notlce.to Proceed.
The C01Ulty maY~ at its discretion and with the consent of the ContractOl,., reneW the
Agreement uhd€r all ofl:l':le terms .?fTIdconditibns contained in ttUs Agreerne11.ttoi two
(2) additional one (1)' yeti!" pedods. The County shall give the Contractor writtetl notice
oHhe County's intemtioh to extend the Agreement term not less than ten (iO) days prior
to the end anhe Agreement teful then in effect. In no event, irtdudingrenewal options,
\ shall the contrad exceednve (5) years.
2. STATEMENT OF WORK. The Contractor shall. provide a Red,.]ight Camera
Enforcement System it} accordance with the termS and conditionp .of'RFP 4fQS':'5132 arid
the Scope of WOl'kreferre~ to llweirt as Exhibit A and made an integral part of this
agreernerit. TIus Agreement contains the entire underStarldirtg between th:e parties and
any modifications to this Agreement shall be mutually agreed upori iri writing-by the
Contractor and the County project manager 01' his designee, in compliance' with the
County Purchasing Policy and Adminisn-ative ProcedUres in effect at the time such
services are authorized.
3. COMPENSATION. The County shall pay the Conn'actor for this turnkey red light
camera r~nning progtam based on a tiered fee per paid citation as outlined in Exhibit B.
Payment will be made upon receipt of a proper invoice and upon approval by the
Project Manager or his designee, and in compliance with Section 218.70, Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act".
Page 1 of22
-.-..-..---- - ,--~-,-~ .-- .-.-----------
Agenda Item No. 10F
September 29, 2009
Page 11 of 53
4. SALES TAx. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
perfonnanceof the Work.
5. NOTICES. All notices from the County to the Contractor shall be'deemed duly served
if mailed or taxed to the Contractor at the following Address:
American Traffic Solutions
7681 East Cray Road
Scottsdale, Arizona BS260
Telephone: 480/442':7000
F~; 4$Oj607-0901
AtteIltioll: Greg Parks, Vice FFesideht
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed fo the County to:
Collier County GoverruIlent Center
PuiCI-iasmg Department.". Purchasi,ngBuiIding~ ,
3301 Tami~ l'rail,,'EEist,
Naples, Fiorida 34112
Attention: Steve C~rIiell, Pll1'chasing/GS Director
Telephone: 239.;252-8371
Facsimile: 239;.252-6584
The Contractor and ~he County may change the ahove mailing address at any time
upon givirtg,the other party written notification. AIL notices under this' Agreement must
be ili Wrlti:i1g. '
6. NO PARTNER.S.HIP~ Nothing herehi containel:l shall create Or be construed as creating
a 'pa~tnership between tli,e County and the Contractor or to' constitute the Contractor as
an agent of the County.
7. PERMITs:p LICENSES: TAXES. In complignce with Section 218.80, F,S., all permits
necessary for the prosecution of the Work shall be obtained by theContra.ctor. Payment
fot all such permits issued by the County shaIl be processe.d interrtaIly by the County.
All non-County permits necessary for the prosecution of the Work sha.ll be procured
and paid for by the Contractor. The Contractor shaIl also be ,solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of FlOlida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
With all iaws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use ill any manner whatsoever, County facilities for any improper, immoral or offensive
I Page 2 of22
I
I
Agenda Item NO.1 OF
September 29, 2009
Page 12 of 53
purpose, or for any purpose in violation of any federal, state, county or municipal
ordirlance, rule, order or regulation, or of any govern:rnental 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 condu.ct on the part of
the Contractor to be objectionable or improper, the County shall have th,e right to
suspend tlle contract of the ContTactor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after recehTing notice of such violation, conduct, or practice, such suspension to
confi.l1ue until the violation is cured. The Contractor further agrees not to commence
operation during $e suspension period until the violation has been corrected to the
satisfaction of the C01l11ty.
9. TERMINATION. Should the Contractor be found to ha.ve failed to perform his
services. in a ma.rmet sa tisfadory to the. County as per this Agreement, the County may
termina.te said agreement i,n:unediately for cause; further the County may terminate this
Agreement for convenience willi a thirty (30) day written notice. The County shall be
sote judge of non-perf011nance.
10. NO DISCRI:MINATION. The Contractor a.grees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURA.NC:E. The Contractor shall provide insurance as follows:
A. CorrirnerciaI General Liabllity:. Coverage shall have minimum limits of $2,000,000
Per OccurrenCe, Combined Single LitrUt for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and G:ompleted Operations and Contra.ctual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Linrlt for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance willi the applicable state and federal laws;
The covetage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
Page 3 of22
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Agenda Item NO.1 OF
September 29,2009
Page 13 of 53
There shall be a thirty (30) day notification to the County irl the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insUre that all supcontractors comply with the same insurance
reqpirements that he is required to meet. The same Contrac:ror Sha.Il provide
C011rtty with certificates of insurance meeting the required insurance provIsions.
12. Il'fi)EMNIFICATION.lh the maximum extent permitted by Plonda law, the
Contrador/Ven4,or/CoI1Swtant shall indemnify and hold harmless Collier CO'Wlty, its
o.ffi€ers ancl erhplQy~t$J :trom anyand all liabilities, damages, losses and cosh3tfrtcluCUng,
but ngt l4nifed to, reasona.ble; attorneys' fees and para1ega1s~ fees, to ttl,e extent catlsed
by the negligence;, te~k1~sness, or intentionally wrongful cond4ct of the
Conb;actox/Vendor!COl1.S4-ltant or anyone employed or lltiI~ed by the
Contrattot/Vendpr/Consultant in the performance 'of this Agreement. This
incleiliniflcatiol1 obligation shall not be consi:n1ed fa ,negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indeIrtni.fied 'party or person
desqibei:f in this'paragraph. .,
~$ectipn does hot pertain to any incident arising from the sole negligence of Collier
~~~ . .
13. CONTRACT AD~ISTRt\.TrQN, nus Agreement shall be administered on behalf
of the County by the Traffic Operations Department.
14_ CONFLICT OFJ1!-ITEItEST. Contractor represents thatit presently ha$ no 4tterest arid
shall acquire no interest, eitIler direct orittdirect, which wouldcQnfUCt many manner
with .the performal1,C~ of se~ices required hereund~. Conij.'actdr further represents
tl'iatnd persons havingcmy such interest shall be employed to pel.'fotm those services.
IS. COMPONENT PARTS OFTFiIS CONTRACT. This Contract consists of the attached
COI.nponentpatts,and(){wlrlch are a~' fully a part of the contrad as if herein set out
yerha.tt.m: Contractor's Propo$a1, 1I1$urance Certificate, RFP #08-5132 Red Light
Rttnhihg' CarneraEnf6rcement System; Exhibit "A" Scope of Services, Exhibit "B"
PriCfng' arid three (3) Addenda.
16. SUBJECT TO APPROPRIATION. It is furthe1' understood and agreed by and
between the pCil"ties herein thatthis agreement is subject to appropriation by the Board
of County Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No orgarilzation or
individual shall offer or give, eIther directly or indirectly, any favor, gift, loan, feel
service or other item of value to any County employee, as set forth in Chapter 112,
Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Adminish-ative ProcedUl'e 5311. Violation of Hils provision may result in. one or more
of the following consequences: a. Prohibition by the individual, firm, and! or any
employee of the fu-m from contact witll County staff for a specified period of time; b.
Page 4 of22
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..
Agenda Item No. 10F
September 29, 2009
Page 14 of 53
I
i
Prohibition by the individual and/ot firm from doing business with the County for a
speqfied period of time, including but not limited. to: submitting bids, RFP, and/or
quotes; and, c. immediate terrn.ihation of any contract held by the individual and/ or
finn for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this
agreement; the Contractor is fonnall.y ackrtowledging without exception or stipulation
that it is fully resporisible for complying With the pl'ovisioI1S of the lnuni~tion Reform
and (:onqol Act of 1986 as located at 8 U.8,c. 1324. et seq. ap.d regulations rela\ing
theI:etd~ .as either maybe am~hded. Failure by the Contractor to comply With t1;w l~ws
referenced herem,shp11 (:onstlhIte a bre~ch of this agreement and the County shall have
the'discretion to unilaterally terminate this agreement inunec;:llately.
-
19. VENUE. Any' suit or action hrpught by either party to this Agreem~nt against the other
patty relating to or arising out of tlUs AgJ;eem~ht must be brou,ght in. the appropriate
reqera! or state courts in c.ollier County, Florida, which courts have sole and exclusjve
jurisdiction ort an st1ch matters.
20. OFFER ,EXTENDED Td OTHER. GOVERNMENTAL ENtrr.tES~ C::QIlier COUrtly
encourages an..<i agrees to the successful Contractor extending the pricing; terms and
conditions at t:1.il.$ s6ucil;ation or re$ultali.t contract to other governmental entities at the
discretion bf the successful ContraCtor.
21, AGREEMENT TERMS. If any portion of. this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall rernainin effect.
22. ADDITIONAttrEMS/SERVICES. Additional items and/ or services may be adcfed to
this conb-act upon satisfactory negotiation of price by the Contract Manager and
Cqntat'l:br.
23', DlSPIITE RESOLutl()N. Prior to the initiation of any action or proceeding perrrritted
by tms Agreem.e1"tt to resolve disputes between the parties, the parties shall make a good
faitl1 effort to resolve anY$Uch disputes by negptianon. The negotiation shall be
attended by representatives of Contractor with full decision-making authority and by
County's staff person whq would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out qf this
Agreement, the parties shall attempt to resolve the dispute through Mediation: before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereundel', the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Page 5 of 22
-.-...--
Agenda Item NO.1 OF
September 29,2009
Page 15 of 53
Arty suit Or action brought by either party to this Agreement against the other party
relating to 01' arising out of thls Agreement must be brought in the appropriate federal
Or state com:t,!) in Collier County; Florida, which courtS have sole and exclusive
jurisdiction on all such rtiattets.
24. KEY PERSONNEI)pROTECT STAFFING. The Contractor's persOnnel and
management to be utiliZed. fOr tIus project shall be knowledgeable in their areas of
exp~se. The Coun~ reserVes the tight to perform investigations as may be dee~ed
necessary to insure tha.t competent persons will be utilized irt. the pe1:'fortn~ce of the
contract. f)~e(:'t.ed fitm shall assigI.l as many people as necessary to complete the project
on a timely basiS, and each person assigned shall be a,vailable for an amount of time
adequate: to meet the dates $et forfuin the Proje~ Schedule. Finn shall not change Key
- Personnel unless the following conditions are JJlet (1) Proposed replacements have
substantially the Same or better ql.1alification,s andlor experience. (2) That the County is
notified ih writing as: far in advance as possible. Firm sl1aIl make cOIItrtletciaIly
reasonabI~ efforts to notify Collier County Within Seven (7) ciays of the change. The
County retainsnrtal approval of proposed replacement personnel.
Page 6 of22
, --.--
Agenda Item NO.1 OF
September 29, 2009
Page 16 of 53
IN WITNESs WHEREOF; the Conn-actor and the County, have each; respectively, by an
authorized person 0: agent, hereunder set their hands and seals on the date and year first
above written. - :,., - ~ . .-
BOARD OF COUNfY COMlVIISSIONERS
COLLIER CO TY, FLORIDA
By: ~ d~
-
'( .'( ..,., _..'''.: ;,. :,'~.:; American Traffic Solutions
.~(....
.,'" ';'
contraCJ
~~ By:
Signature
~. '/~t~~~
tT~rint witness namet
~~ "PAm- e. TuTovI - ~oO
.. econd Witness Typed signature
~st.
Approved as to form and
legal sufficiency:
~ tl-l?j~~L
Assistant County Attorney
S Coif II. ~4 cL...
Print Name
Page 7of22
Agenda Item No. 10F
September 29, 2009
Page 17 of 53
E)(ffIBIT A
DESCRIPTION/SCOPE:OP'SERVICES
for, 08-5132RedLightCmn.era Enfotceri1erttSystem
L FIRST PHASE OF SERVICES (Uncompensated):
TIle Contractor sh~ provide consulting services regarding the'recoII1I!lenged
identifica.tibrt ofiocatiol1$ for placement of I{ed UghtEnforcepi~nt eqUipment, based
upqrt W'!inc ehgfneering principl~s, violation IiiStory,crCiSh 1:W>to~y~ and ll1ptit from
Cdithty'Ttaffic Eilgineermg aIld'the Collier CountySheritts,Offlte. The report'of
recommencJedlqC::qtiQ,il$ shall be sulJrrritted in a report giving the locatiopsand the
criteria and rationale fbt, their selection.
' ., ., ..
Ptidrto implementatiori and 'twelve (12) months afteti..mp.lementaqon at the emercement.
, e~ipment the C<:>nttactor fJI-la11 p~l."form an eilgmeering sty,dy dertbtiIig-~by apphJach ,for a
twelve(12).inbrtth petiodi ;l:l1eaVetage violatIo1i.rate, p#etSf:ttion crashrafe, and
dOcUmenting any.r.iseo~ qecline intI;.e either of those rafes, , Fol:' thevi61afionrai~ei~orn.pate
the siXty (6@} d~ysofCourtesy Wfunihgs with the lastsixty (60) da.ysof thef4~$t Y~ar oj
operation, The report shall be signed and seEded by'aProtessi6r'iM Engineer licens.ed to
practice in the State of Florida. ' "
TIll:~:Corttractdf shcillprovidelor comprehensive and fully integrated red light h'afficsC:1.f~ty
lIicUJage'ment services~ T1.1e$ticcessfW Contractor willdE'iploy traffic safetycamerCi eqwptnent
at designated arterlalintersectionsi coveu!ing 011e ~().foi,1r (*),approacbes ateacl'i intersection.
At the se1et:tecl <:i'pproaches, up to six (6) Ian~ will reqqfre traffic safety camera enlorcement,
incIu,d41g apy ti.ttrt lanes. TIle Contractor' s Setvi~esshall include all hardware,. software,
installatioIl, maintenance, operation, @,d aU back-office piocessing of violations,
All 5.1 stems 11lUstbeli(nl",i1t:trusi'fJetothetra 'csizalcdbbletrf (lio access to the si tal
c01ttrolle1'ca.bi1ietwiU be vermitted),
II. SECOND PHASE OF SERVICES (Compensated):
Red Light Camera System
The Contractor s11all provide and install all equipment including, but not limited to, poles,
cabinets and related operational equipinent at the selected intersection(s). All cameras will be
housed within an enclosure affixed to a steel or aluminum pole. AU 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
Page 8 of22
I Agenda Item No.1 OF
I September 29, 2009
\ Page 18 of 53
I,
I
I
I Traffic Operations Department upon request. All Sl(stems must be non-intrusive to the traffic
signal cabinet - and access to the signal controller cabinet will1lot be pemzitted.
\ .. The Conrractor/ s shall disclose whether the system, at any time, photographs an image
of the driver of the vehicle,
. The Contractor shall use a high quality digital camera system with an output III eXcess
of.3000 x 2000 piX~lsper image is req:uired.. The Contractor shall detail the image
quality specifications. and provide real sets of violation image exampleS captured
under all conditions inchldmg, but not lllnited 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 gatl1ering traffic data for
statistical analysis, including rraffic volum.es by approach and lane.
. TIle Contractor, shall provide equipm.ent capable of deployment in a wide range of
operating conditionsie.g., heavy traffic voIllmes, adverse weather conditiol'lsi road
surface configurations, ete" and across six (6) moving lanes of rraffic.
. TI-ie Contractor shall provide equipment to pi'ovide a reliable non-intrusive, non-
physical connection to the red pha~e signal.
. The Cbnrractor shall provide a system which must provide at least three (3) digital
color still images of each violating event. TI1e images shall be taken to ensure that the
rear of the vehicIeand license plate are captured. The first linage shall capture the
vehicle b~ore the front wheels strike the legal violatiqn limit line. The second image
shall capture the vehicle after the tear axle has crossed the crosswalk or legal l11l1it liIi.e.
The thitdimage shall depict a close up of the license plate. The contractor willuse a
video system that will capture a short duration video of the violatiol'l..
. The Contractor shall provide a camera system which shall record data pertinent to
each violation at the time of capture.
. The Conrractor 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. 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 (MMjDDjYYYY);
d) Time of the violation in 24 hour clock including hours, minutes and seconds;
e) Elapsed time between images;
f) Direction of b.-aveI;
Page 9 of 22
Agenda Item NO.1 OF
September 29, 2009
Page 19 of 53
g) Traffic signal phase;
11) Time into the red phase displayed in tho'usandthsof a second;
g) OuxCl.tion of the prior amber p11i:i.se;
h) Vehide lane of travel;
i) Camera ID; and
j) Frarile sequence number.
. The Contractor shall provide a system which includes an ancillary video system as
supporting information to the violption provided by the still images; The video must
be full II:1oQon artherate of thirty (30) ftamesper second or greater and aiIowapertw~e
adjustment,
. The Contractor shall ensure that each imaging unit's, operation shall be microprocessor
controIleqand fully automatic.
. TheC:onti'actor shall include a camera system that shall be capable of on.site' or remote
activation and maintenance Support.
. TIle Contractor shall include a camera system that shall perfoI'II1 a self-test. on se&.-up;'
sim11.late a violation being retcorded fortestUi.g; commupicate ettoi'messages; record
date a,rtd tUne of system shutdown inthe event of a,rpalfunctlOIi. ~-,
. The Cbnb:actor shan include a camera system that alloWs a malfunction to be easily
identified and debugged on..1ine,
. The Contractor shall include a' camera system tllClt records event-specific evidence to
substantiate multiple, simultaneous and! or concurrent violations OCct1rling during
any red signal phase.
The Contractor shall provide a system Which shall provide 24 hours a day !7daysa week
"live~' in.tersectioll monitoring and viewing capabilities. This video shall be stored for a
minimum of lour (4) days.
. The Contractor shall include a camera system that which indudescomportent
operations which are sync1u-onized to a single; standcU'd, independent, external and
verifiable l:hne and date Source.
. The Contractor must use more than one (1) vehicle detection. The Contractor must
explain the vehicle detection methods which cart be used by the system induding, 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 10 of22
Agenda Item NO.1 OF
September 29, 2009
Page 20 of 53
. Red light camera enclosures must be designed in such a fashion that maintenance, and
other operations can be accomplished easily and quic~ly without creating a public
saiety 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 violatioIis. The system shall be capable
of d~tecting and recording evidence of leff and right tUln viplations, regardless of
vehid~ speed (please reference program). The Contractor's Proposal must explain how
the system captures iIlega! right.turn-on-red movements.
-
Violation Processing
There shall be no requirement to install COhfraetor processing software on County oWned or
I11aintail1ed information technology Of com,puting systems. The violation processing system
shall allow the County a detailed view into all of the iilformation related to the program. The
CountisITDepartmentwill not allow softw-areinstallationon County owned or main.taiIled
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 acces~ (via a secure internet portal) to the violation processing system for the purpose of
preprocessing evidence, policeauthonzation, I10tice printing, payments tracking, and
generation ofrouIt evidence packages shall be. Internet enabled and shall be available 24
hours a day/7 days a week tor 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 a.nd 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 rD, and
subsequently print the cropped plate area image to the notice;
i) Ability to "accept" or "reject" violation sets and record rejection reasons;
Page II of21
Agenda Item NO.1 OF
September 29,2009
Page 21 of 53
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;
1) Ability to stOre and archive all processed violation evidence into a
secured database;
m) ability to access anY stored violation inlage 24 hours a dayj7 days a
week from the system's databasesubjec~t9 agreed atchiverules;
n) ability to req-p.est and htunediately viE!w Court Evidence Pa.cl<ag~ image
sequeI1ce~ dISplayed as video 24 hours a day!? days a week or as
'i1:tdividutij high resolution still s11ots, or send-images to print locally;
0) ~bi1ity to hnmediately request, view and print hoth standard and user-
ct~fhied. reports 24 hottI'S a day j 7 days Weekj
p) Sec-tited Access ConJ,:rblartd 'automatically generated electroni~audit
trails;
q) EncrYPtion a,nd decryption manag~menf;
1') The system, shall be capable of preparing: and mailing one hotice letter
for aU,chargeabie violations to veIticle oWners, issuing and mailing a
second notice. ror any violations that remain unpaid as their cIue date.
All vi.olatioruHbr wlut:h registered oWner da~ is ,aval1able shall be issued
wIthin seven (7) business days after police review of the, mcid~nt.
-
Citation Processing
a) ThE!' Contractor will be requited to accurately capfute and stOl~e images, establish a
cham, of. custogy fo1,' the image medillrni' and process and issue citations for red
light 'violCl.tibns in accorclancewith the orclfuahce.
b) The Contractor will have the capability to. generate clear, easily identifiable images
for:fl1~ dtationjvioiatioIlS., allowing art unbiased individual to determine fault
(includmg extenuating circumstances).
d) $o~twa1'e to process, Issue and track citations and payments will be installed and
fu11y operationq4.
d) Coitrtectionsmust l;>e established to theFloridq, Department of Motor Vehicles and
other states to obtain motOr vehicle registration information.
e) Citatiql1$ will be postmarked in fourteen (14) days or less ITOm the date of
viola.tion. This includes any number of citations with required increases incitation
cosf:
f) Warnings will be mailed in lieu of citation dwing the first sixty (60) days from the
start of dperation ofthe first camera installation.
g) The COUnty, or Collier County's Sheriff's Office will have a duly appointed code
enforcement officer or deputies assigned to review and approve each citation prior
to issuance and verify that a violation has occur:red.
Operations -,,-
Office and operational departments will be fully staffed within tbe first sixty (60) days after
contract execution. The County will l1ave the right to review the references and backgI'ound
Page 12 of22
_._~-._~
.--..
Agenda Item No. 10F
September 29,2009
Page 22 of 53
infonnation of any of the Contractor's eII1.plQyees 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
teIepndne and ove.r the internet.
b) The Contraqqr will directly d.eposit alll110nies into an account desigJ1Bted and
mCUla~edb:y ,the County. Fine collection procedures will b~ developed in
accordMcewithCoUrtty procedures.
c), RecordS will be kept in accorda,nrze with generally accep.ted 'Cicc:ountirtg practices;.
d) Conl:tactor wil1 prepFJ,re QJ.\ !i notice letter all chargeable VIolations arid will mail
hotice letter!? to vehicle oWners. A second notice will be issued for any violations
that remAA1~:npaidL
e) Violati.o~ for' wluch registered owner data is available shall be issued within
fb1;ui:een, (14) business clays of tl1~'violationeventdate~
f} Mere*piraf:1ott ot the second notice due date, Contractor shall pursue. collections
on, unpaid notices.
g) Contractors will, comply with. the Fait Debt Collection t'ractices Act; 15' U.S. C.
1692, etseq.1' and any other appiiCable'state or federal law.
AppealS Process;
The firm will utilize the Speclal Magistrate to coordinate hearings for prote~ts of citations.
nUs indt1.de~ rece~ving the irritial appeal :request, scheduliligappeal heat[ngs bef6rethe court
and providing testimony and all background materials related to the appeal to the court
a) Proposal sh~l provide hearing scheduling service for violators who dispute
nonces.. This shallirtdude call center services to take calls dUl'ing. nopnalb\1s1ness
ho~~, M i:lppe.cd list shall be provided to the County each week of hearings
scheduled tltrQugh tl"\e court.
b) A pa4<age for each appeal shall be prepared and provided to the 'County to include
the fblloWiiig:
i. All issued and qisputed notices to the party
it A violation history report
ilL A cOlTespondence file
iv. A payment history
v. AIl materials submitted by violator
c) Contractot will maintain a pI'oper chain of evidence which meets tl"\€ needs or
requirements of all agencies involved in this process.
d) Contractor will provide, when required for Court testimony, as well as all other
teclmical or factual witness as required to prove all elements of the violation.
Operating Location and Customer Service Support
Page 13 of22
Agenda Item No. 10F
September 29, 2009
Page 23 of 53
The atitomated red light enforcement system will be overseen and administered by the
Collier County Transportation Deparhnent andj or designee.
TIle selected Contractor Slla11 provide customer service to the County and make provisions to
assist the alleged violators who are seeking to view their violations and ask questiqns with
regard to the operations of the system., reporting procedures, and enforcement of the
County's brdirtance.
ThE! CC>11tractor shall provide an adequate nUIt'tber or services and maintenance staff to
service the cameras and be available to respond to service requests by the County.
Imageprbcessing, iSsuance of citatI,bns; computerprqcessi.rtg, fihancialreporting; and overall
illanftgement of the program lll9Y be perfbtmedcit remote Ioca.tions so long as flle Contractor
remairis highly responsive to the needs of the program and meets the req9cirementsset forth
by the County.
5hltistical. Analysis. and Reporting Systems
The processing, system shall prQducestatistical analysis of camera: location and operations
will be preferred; includll:1g; at tn:i:n:i.tnutn.:
a) Hours of use pe:r carneraby operational site;
b) Results achieved by eiich camera by site;
c) Offenses recorded by site; and
d) traffIc counts by Ian~, date and hOUT.
The processing system shall beca,pable of immediately generatirig operatiol1$ reports 24
hours a day /7 days a week inc1udirtg:
a) NlImber of violations recorded;
b) Count of violations where notices ftdt prepared;
c} Notices prepared and mai.led; arid
d) Status of notices issued (outstanding, canceled; reissued and so forth).
TIle processing systerh shallalsQ supply reports of:
a) Camera e.quipment hours ofservice qndhours lost; and
b) Number and description of carner a or other equipment malfunctions.
The processing system shall provide violation and traffic statistics as follows:
a) Real-funetraffic 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 xeport that includes the following:
a) The number of events detected, noticesj violations issued and
Page 14 of12
Agenda Item No.1 OF
September 29, 2009
Page 24 of 53
prosecutable image rate by location and in total;
b) The tot;:d .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 Sec:urityarid Data Storage
thesystem shallpr~vide for image and data security that shall preVent l1nautl1orized
persons fr9fil accessing the camera images and databases and tamperh1g with images.
TheCpntJ:ador sliaq store all enforceable ih1ag~s produced by cameras ror. no less than one
hundred and eighty (180) days after final disposition. '
The Contractor sha11provide an evidence package for any contested violatioM. The package
shall consist of.
a) All isSUed aJld dispu ted notic~ to the party;
q) A vioI;;l~n his~Qryrep.ort;
~j A :correspondertce file; and
d} Apayment hist01Y.
The Contractor shall maintain a proper chain of evidence that meets the needs of County and
colirt functions~
The ContractorshaUprovide a qualified expert witness who is knowledgeable on the theory,
operation and fttncBonal capabilities or the red light camera unit.
Maintenance, Supportab.d Training
. AU maintenance ofca,xneta, video, sensors, computet and related equipment shall be
the responsibility of the Coritractor.
. The Co~tra,ct()t shall repair' or replace any inoperable equipment within seventy-two
(72) hours of detection by the Contrador or notification by the County.
. The Contractor shall describe the proposed standi:lrd 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.
. TheCorttractor shall provide ongoing training support as needed by the County.
. The Conh'actor shall provide hands-on training as necessary to personnel as required
by the County.
. The Contractor shall provide training materials.
Page 15 of22
-,....---......--. -
Agenda Item NO.1 OF
September 29,2009
Page 25 of 53
Operations and Public Awareness
. 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 ti1e CPunty by trairiing st~ On how to present the
Contractor's systetnS at public EienUna:rs ot pi'esehtal1ons. Th~CoTl:tractor will provide
~taff Eor public fdttirnSas necessary.
. Contractor shall provide a project manager for the project as the single point of contact
to the County.
. Contractor shall proviti~ intersection design and ll-tstaIlatioh plans for review and
approval by the Co'tinty Tr~ic Engineering Department and' Permitting Oeparl:Ii:ient.
. Contracto.rsha1l install and maintain installed cameras.
. ContractoI' shan be responsible tot loading; optimizing, and license plate dataei1:try
processing of images, for review (final review to be pro:cessedbyauthorized County.
perSonnel)
. Cqnl:ractor will prepare: ope notice letter for all chargeable violations and yvi1J mail
notice letters to vehicle owners. The ContractoI: shalf include a return envelope for
payments.
. Contractorw:iIl prepare a secot1d :ana a final notice will be issti~d f011 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 Ot days ofl:he violation event date.
. Contractor may be asked to provide all i"equired notice processing supplies includiI1g,
paper, envelopes, postage, torter, ahd any and all hotice prmtmg supplies.
. Notices shall inc1u:de one set of images and a licertse plate image.
. Contractor shall provide a means for the fines to be paid on-line by credit or debit
careL
. 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
I delinquent accounts.
I
Page 16 of22
,-,
Agenda Item No. 10F
September 29, 2009
Page 26 of 53
Responsibilities of Contract Parties
1. AMERICAN TRAFFIC SOLUTIONS (ATS)
1.2 ATS.IN1PtEMENTATION
1.2.1 At'S agrees to provide a turnkey solUnon for Ccu:nera Systems to the
Custbmer wherein all reasonably necessary elements required to impl~ej]t
and' operate .the solution are the responsibility of ATS, ~xcept for thCi$~ Hems
idenf:1Ued in Section 2 titled "Customer Scope of Work'i~ ATS .artdthe
Cl1,$tomet uriderstanq and agree that new ot previously unforeseen -
requ1tettienfS maYf o:()m, ,fune to' titne,' be identified and "that the parties: shall
negotiate iI1 gooq faith to assigpto the proper party the responsibility and
cost .fot s~ch lfems-. Tn generiil, if 'W:()rl is fobe perfotIned by the Cgstomel',
ul'dessofuerwiSespecified; the Customer shal.l not 'charge A T$for the cost'. All
other m-scope wbrk, external to the Customer, istheresp01'1Sibility Qf A1B.
. -
1.2.2 AT$ agrees to .make every effort to adhere to the Project Ti1n~' Line agreed
upon between the parties.
1.2.3 ATs Will assis~ fu:~ Customer with video evaluation of candidate sItes using
the, Axsis vrfWS system.
1.2.4 A 1'5' will install Camera Systems at a number of ~tersecti()n or gra,cI~ crossing
apprgaqhes to. be agreed upon . betWeen ATS and the Cu,~tpmer after
completion of site analys~s. In. addition to any' initial lClca#ol1sJ the parties
mayagtee from time to tiine to add :to the quantities Cilld locations where
Cameta$ys~p:1s are installed and ma,infail1.ed. AT'S will install cameta(s)ancI
place into' operation a minlmurn, Of one approach witlUrt 90 day~ after
execufi()J:l pI-thiS contract A 1'S will install cameras anq place itrtooperationa
IIiinimUIn of 12 approaches Witrofi i1months ot execunortof thisCqrttt(ict.
An addHionalrti.irtimum of 12 approaches~as apprQpriate, will be ihStalled
during the second through third year of this contraCt.
1.2.5 A TS Will operate each Camera System. on a 24-,hour basis, baning downtime
for ma.intenance ahd rionnal serviCing activities.
1.2.6 ATS' ir1,~hou$e marketing department will assist the Customer with public
information and outreach campaign strategies. In addition, depending upon
the agree d...up on , strategy, ATS may pay fot agreed upon extra scope
expenditures for public relations consultants, advertising, or media relations
provided that such extra scope expendirures will be reimbursed to A 1'5 from
collected revenues.
1.2.7 ATS agrees to provide a secw:e web site (www.violationinfo.com) accessible
to citation recipients (defendants) by means of Notice # and a PIN, which will
allow violation unage aIid video viewing.
Page 17 of22
---
Agenda Item No. 10F
September 29, 2009
Page 27 of 53
1.2.8 The Customer and ATS will complete the Project Business Process Work Flow
design within 30 calendar days of contract signa hire.
1.2.9 ATS normally shall provide technician site visits to each Carner~ System once
pe~ ~ontIl to perform preventive maintenance check$ consisting of camera
enclo~e lens cleaning; ~amera, s\:robe and confIoller encloslire Cleaning;
ihsp,ecflbn of exposed wires; and g~neral System inspection and maintenance,
1.2.10 ATS\shall repair a non~functiortal Camera System withln 72 business hours of
determfu~tionofa ltia.ifu.nction.
1.2.11 ATS'shall repair the Axsis VPS system within 1 business day from the time of
the QUfage. OUtages of Customer internet connectio~ or infrastructure are
excluded from ffiis service level.
. - ..... . .
-
1.2.12 Fbi any city using AT$ .lockbox or epayment services, ATS will establish a
demand deposit account bearing the title, uAmericah TtaffIc Solutions, Inc. as
agent for ClJstomer" at U.S. J3arik All funds collected on behalf of the
Citstor;ner will be deposited in this account aildtransferred by wire thefust
business day- of each week to the CuStomer1s prinl<lry deposit bank. The
CUs~omgr will identify .the' ac~qW1t to receive funds wu'ed ftorn U.s.. Bank.
Customer shail sign a W~9 ilrtd blocked account agreement, to be completed
by tile CtistqnJer;to ensure the CUstomer's fln~daI intei'est in said U.S. Bank -
account ispreserved.
1.3 ATS OPERATIQNS
l.S.! ATS,shall provide the Customer with an optional one-timewaming period up
to 60 days in length at the outset of the program.
1.3.2 Ar5 shall provide the Customer with an automated wel:J..l:;ased citation
processing system (Axs:is™ VPS) inCluding: image prOCe$sittg~ 1st notice color
prlntinganrl: mailing of Citation or Notice of Violation per Chargeable event
and a mailing of a text only teininder notice. Each Citation or Notice of
Violation sha11 be delivered by FIrst Class mail to the registered owner within
the statutory period. Mailings to owners resportding to first notices
identifying ,drivers fu af.fldavits of non-liability or by rentaIcar companies are
also included accordmg to each pricing option.
1.3.3 Subsequeht notices (such as pre..coUection letters) may be delivered by First
Class at other mail means for additional compensation to A TS as agreed by
the parties in Schedtde 1.
1.3.4 ATS shall apply an electronic signature to the citation when authorized to do
so by an approving law enforcement officer.
1.35 ATS shall obtain in-state vehicle registration information necessary to issue
citations assuming that it is named as the Customer's agent. ~_."
1.3.6 ATS shall seek records from out-of-state vellicIe regislTation databases and
apply records found to Axsis to issue citations for the Customer according to
each picing option.
Page 18 of22
Agenda Item No.1 OF
September 29, 2009
Page 28 of 53
1.3.7 If Customer is unable to ot 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. con'espondence and other
related infonnation required to adJudicate the ,disputed citation. The system
Will. aIsoenable the CoUrt staff to accept ctnd aq:pWlt for paymetits. Any tosts
charged by a third party vendor to inteW'&te the ATS systemtb. a court
computer system. shall be, borne by the Customer. ATS ~ay agree to cover
these upfrOI1t costs and recover the costs from. the collected revenue in
addition to its normal fees.
1.3.8 The &siS™ VI'S system, which. provides th,e Customer with ability to run
and prirttany and all standard system repotts.
1.9,9 If reqp.ired by ttlecourt or ptosecutor, 1\T5 slta:1l prbvi4etheCustomer with,
01' train a local expert,Witii:essable to te.$Rfyiri Court on matters relating to the
aceuragrl ted1I1.icaIoperation:si and erfecthreness 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 qftl1e Customer or ihtatithotized ageIlt'(s), AlS Will
provide Ct1stom~ran estimate of the COEit ofrepm. Upon authoriZatlon to
proceed witll the repairs' or replacement, ATS shall replace. or repair any
damaged eq:gjpment and invoice for the pre-approved repair cost A T5 shall
bear the cost to. replace or repair ei::piipment damaged in all other
circumstances.
1.3.11 ATS 'shall prdvid~ a help line to help the CtlStomer resolve arty problems
encountered regardU1g its Red Light Camera SY5t~m and! or citation
processing. The help line shati functiond't.ttfug normal business hours.
1.3.12 AS part of its turnkey systeln, .,ATS shaIl provide vialators with the ability to
view violations online, This o11lirte viewing system shall include a link to. the
ATS payment website(s) aI1d may offer the opportunity to download an
affiqavit pi hon-liability online. Oniine obtained al.ndavits, if approved by the
COur.t, shall be directed to and processed by ATs and communicated to. the
COutt VIa the Axsis VPS transfer described above.
2. CUSTOMER SCOPE OF WORl<
2.2 GENERAL IMPLEMENTATION REQUIREMENTS
2.2.1 Within 7 business days of contract execution, the Customer shall provide ATS
with the name and contact information for a project manager with authority
to 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 program
requirements
Page 19 of22
Agenda Item NO.1 OF
September 29, 2009
Page 29 of 53
2.2.3 The Customer shall make every effort to adhere Eo the Project Time Line to be
agreed upon between the partie~.
2.2.4 The Customer and ATS shall complete the Project Business Process Work
Flow desIgn Within 30 calendar days of contract signature.
2.3 'I'R.t\}'FIC OPERA nONS DEP ARTIvlENT
23.1 If tIte CilStomer Ch005~ to move a Camera SysteD;l to a newapprbach after
initial installatkm; it sh<l11 pay the costS to relocate the System.
2.3.2 Customer will desjgn, fabricate, ~tal! and maintain red light camera
warning signs; If Customer cannot provide such signage, ATS will do soai1d
charge the costs to the client
2.3.3 Customer shall allow ATS to access power frOIIl the existing power sow-ces at
no (j'bst at pdwer disconnect breaker boxes for the controiIetcabinet nearest to
each Camera System within the Customer~s jurisdiction. The power supply
cable for the ca.m~ta Qperation shallbewited by ATS to utilize q separate
c1i~cu1t breaker withfu the power discolUted: enclosure.
2;3'.4 InstaIl~t~cm, plans artd dtawings' will be stamped by a FIorida I1censed civil
engirleer. ATS Work product and draWings shall be overseen and approved
by an AI'S PE and such de1iverctbles shall confonn to appIicableengineering
I1ot1l1S and reflect the details ox installation workto be completed. '
2.3.5 The Customer shall apptove or reject ATSsubmitted pians witI"lin 7 busii1ess
days of receipt,
23.6 ATS and! or itssubcontractm! will be subject td attainingl3.11 County Right-of.
Way petrrtits' necessary for building, construction; street use, lane closures,
and! ot pole attachment permIts.
2.4 SHERIFF'S OFFICE
2.4,1 The Sheriff's Office shall execute the ATB DMV SubSCriber Se;rvices
AgreelnetJ.t (Schedule 2) to provide verification to the State Deparf:r::r1ent of
Mofor Vehicles, Nl3.ti'onal La.w Enforcement Telecortmlunications System, or
appropriate CiuthOrity indicating that ATS is acting as an Agent of the
Customer for tile pUrposes of accessing vehicle ownership data pursuant to
the list of pei"missib1e-uses delineated in the Drivers Privacy Protection Act 18
D.S,C. S 272i, Section (b) (1) and as may otherwise be provided or requiJ:ed by
any provision of app]ica15le state law.
2.4.2 The Sheriff's Office shall process each potential violation in accordance with
State Laws and! 01' County Ordinances within 3 business days of its
appearance irt the Police Review Queue, using Axsis™ to determine which
violations will be issued as Citations or Notices of Violation.
2.4.3 Sheriff's Office workstation computer monitors for citation review and
approval should provide a resolution of 1280 x 1024.
Page 20 of22
Agenda Item No.1 OF
September 29,2009
Page 30 of 53
24.4 For optimal data throughput, Sheriff's Office workstations should. be
connected to a high-speed internet connection with bandwidth of T;'l or
greater.
2.4.5 The Sherift s Ofnce shall provide signatures of all authorized police users who
will review events cind approve Citations on forms provided by A TS.
2.5 CODEENFORCEMENT
2.5.1 If Cllsfotnerdoes not provide payment processing services, Customer shall
USe -ATS payment processing services. The fe.es for lockbox and '~payment
ser:vlces ate included in the stated ree schedule presented ort Schedule 1.
2.5.2 Code EnforcerrlEmt shall provide a judge Or heanngofficerand cotttt facilities
to scheduIeanahear diSputed citations.
2.5.3 Code Enforcelilerit shall provide the specific text required to be placed on tli.e
Cih;1.ti~n notice to be issued by ATe; within 30 calendar days'of contract
sigrtattIte.
2.5.4 COd,e Enforcement shall approve the Citation fbtm within 15 days after
receipt ITom ATB.
2.5.5 Code Enforcemei'lt .shaIl handle inbound and outbotlItd phone calls, and
correspondence ..rrOrri defendants who.' have' questions about disputes, and
other Issues' relating to citation adjudication. Code Enforcement mctY refer
citizens with questions regarding A TS or Axsis technology a.nd processes to
websites a1i.d/or toll-free telephone numbers proVided by A TS ror that
ptirpose.
Arty potential, clirectcbSl:$ to ATS to develop an interface between ATS and
theSpecial Magistrate system 'Willbe paid hy ATS
2.6, PRICING
A TS is to fUrnish a turnkey red light camera program based on the rollowing priCing
prgposal. The pricing covers alltosts required for and associated with Camera '
systetidnstalla.tion, m:afnterumce and on-going field and back-office operations. All
fees are disclosed ill Exhibit B.
Page 21 of22
- ..-. ..--.- .-...-
Agenda Item NO.1 OF
September 29, 2009
Page 31 of 53
EXHIBIT B
PRICING
OB-:5132 Red Light Camera Enf01"cemeIit Svsfem
...
Ovncm B .- Tiered Fee per :P~d Citation (one
camera I rear irriagin: . )
'"d,_ .... .'. . .. g:
U~ fee schedWE! redtt~s the incremental cost
~ot:he Co~ty c\s the numberof'paid notices
IrtcreasE!s,
3rd Tier Fee (All other paidl1.0licesper day pet $17.50
cam~ra) ,(150'+ per month)
2p(}Tii;:t Fee (Next 2 paid l1;Qticesper day per , $27.50
, camei-a): (from" 9Q-149 per month)'
IstTie.rFee ,First:3 paid notices per day per $47.50
camei;a (te, fi1:-sfS9 PeUd pet month) ,
IIidudes':I;e.~lig~t camera equipIpen~ fora 4-
laneC[pproach with upfo 2signaI phases,
installation, mamteIianoe, vi'()lal1i:ni processing
serv.~ce:s, Florida DMVreqorqs a~ce$s, mailing*
. of 1st naticem colorwi~h r.etutn envelope,
. ma.ilihw- of 2Iid nqtic~ Web-payments access~
, calIcent& support for general program
. queSuclns a.nd public awareness program
, support; . ..
"'CettifiedmCliI~ retu.rn:reCe1ptreqtiested with $3:.70 per ul1it
electronic prpof of signahiie (This fee is
cha:gr;~~erunita~d '1.5 ina~ditiol1 to postage,
whicl", IS Ip(;:Iu4ed,m the above fee,)
Ad41tibrtcU Services AppllcabIe tfJAlIQffering . Noted Above
Pt~"coIlec:HqnLettet$ 10% ofrec:oveted1.'evenue
DeUriquel}t 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 1 pricing, regardless of the number of
notices generated by any single camera. Likewise, under the same scenario, under tier
two pricing, assuming three cameras are in operation in a given city, citations 268 - 445
(59 citations x 3 cameras = 177 citations) generated across all cameras will be paid at tier
two pricing levels, regardless of the number of citations generated by any single camera.
Page 22 of2l
Agenda Item NO.1 OF
~ September 29,2009
ACORD- laQfl~' m ...,~
~ CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 02/18/200~
'RODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
winis ERB HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC#
INSURED Amexican Traffic Solutions, Inc., INSURER A: National Fixe Insurance Company of Eaxtfo 20478-076
7681 B Gray Road INSURERB: National Fire Insurance Company of Rartfo 20478-002
scottsdale, AZ B5260
INSURERC: Transportation Insurance Company 20494-003
, INSURERD: Twin City Fire Ins. Co. 129459-001
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
l,Nf~ ~~I TYPE OF INSURANCE POL.ICYNUMBER ~~\f;{''i.,'%~~l bf-liqI,~6~ LIMITS
A X ~NERAl LIABILITY 2092249865 11/17/2008 11/17/2009 EACH OCCURRENCE $ 1 000 000
X COMMERCIAl. GENERAL L.IABILlTY ~~~~H9E~~J~ncel $ 300 000
MS MADE [i] OCCUR MED EXP (Anyone person) $ 15.000
r--
f-- PERSONAl. & ADV INJURY $ 1 000 000
f-- GENERAL AGGREGATE $ 2 000.000
~'l AGG~l~lE ~~: APnSPER: PRODUCTS. COM PlOP AGG $ 2 000..000
POLICY X JECT LOC
B ~TOMOBIl.E L.lABllITY 2097360568 11/17/2008 11/17/2009 COMBINED SINGLE LIMIT $ 1,000,000
.JL ANY AUTO (Ea accident)
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
- HIRED AUTOS BODilY INJURY
$
NON.()WNED ALrTOS (Per accident)
-
I- PROPERTY DAMAGE $
I (Per accident)
I RRAGE LIABIL.1TY AUTO ONl... y.. EAACCIDENT $
I ANY AUTO OTHER THAN EAACC $
I AUTO ONLY: AGG $
C :iJESS I UMBRElLA LIABILITY 2092249851 11/17/2008 11/17/2009 EACH OCCURRENCE $ 20.000.000
X OCCUR 0 CLAIMS MADE AGGREGATE $ 20.000 000
$
~ DEDUCTIBLE $
X RETENTION $ 10 001 $
D WORKERS COMPENSATION 59WEFY0478 12/31/2008 12/31/2009 I WCSTATU-, I 10TH.
AND EMPL.OYERS' LIABILITY X I TORY LIMITS ER
Y/N
ANY PROPRIETOR/PARTNERlEXECUTIVE 0 EL EACH ACCIDENT $ 1 000 000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E,L. DISEASE - EA EMPLOYEE $ 1 000 000
~~C::"~R~~~NS below E.l. DISEASE - POLICY LIMIT $ 1 000 000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 1/16/2009 WITH ID: 12079265
Re: Contract #08-5132 "Red Light Running Camera Enforcement System."
It is agreed that Collier County Government, FL is included as an Additional Insured as respects
to General Liability.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAL.L
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Collier County Government, FL
3301 E. Tamiami Trail
Naples, FL 34112
ACORD 25 (2009/01) Col1:2620B84 Tp1:891823 Cert:1 4875 @ 1988-200
The ACORD name and logo are registered marks of ACORD
Agenda Item NO.1 OF
September 29,2009
e 0
Page 2 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
-
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
.._.
-
ACORD 25 (2009/01) Coll:2620884 Tpl:891823 Cert:12164875
Agenda Item NO.1 OF
September 29,2009
atA Pa0f4M~-A3
..., - (Ed. 01/01)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE
ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAI~ 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
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: Designated Project:
Collier County Government, FL 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 2. The Limits of Insurance applicable to the
include as an insured any person or organization, additional insured are those specified in the
including any person or organization shown in the written contract or written agreement or in the
schedule above, (called additional insured) whom Declarations of this policy, whichever is less.
you are required to add as an additional insured on These Limits of Insurance are inclusive of, and
this policy under a written contract or written not in addition to, the Limits of Insurance shown
agreement; but the written contract or written in the Declarations.
agreement must be: 3. The coverage provided to the additional insured
1. Currently in effect or becoming effective during by this endorsement and paragraph f. of the
the term of this policy; and definition of "insured contract" under
2. Executed prior to the "bodily injury," "property DEFINITIONS (Section V) do not apply to
damage," or "personal and advertising injury". "bodily injury" or "property damage" arising out
of the "products-completed operations hazard"
B. The insurance provided to the additional insured is unless required by the written contract or written
limited as follows: agreement.
1. That person or organization is an additional 4. The insurance provided to the additional insured
insured solely for liability due to your negligence does not apply to "bodily injury," "property
specifically resulting from "your work" for the damage," or "personal and advertising injury"
additional insured which is the subject of the arising out of an architect's, engineer's, or
written contract or written agreement. No surveyor's rendering of or failure to render any
coverage applies to liability resulting from the professional services including:
sole negligence of the additional insured. a. The preparing,' approving, or failing to
prepare or approve maps, shop drawings,
G-140331-A Page 1 of 2
(Ed. 01/01)
Agenda Item No. 10F
September 29,2009
orA P~,4lli~~-~
(Ed. 01/01)
opinions, reports, surveys, field orders, (3) Agree to make available any other
change orders or drawings ' and insurance which the additional insured
specifications; and has for a loss we cover under this
b. Supervisory, or inspection activities Coverage Part.
performed as part of any related f. We have no duty to defend or indemnify an
architectural or engineering activities. additional insured under this endorsement
C. As respects the coverage provided under this until we receive written notice of a claim or
"suit" from the additional insured.
endorsement, SECTION IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS are amended 2. Paragraph 4.b. of the Other Insurance Condition
as follows: is deleted and replaced with the following:
1. The following is added to the Duties In The 4. Other Insurance
Event of Occurrence, Offense, Claim or Suit b. Excess Insurance
Condition:
e. An additional insured under this This insurance is excess over any other
endorsement will as soon as practicable: insurance naming the additional insured
as an insured whether primary, excess,
(1) Give written notice of an occurrence or contingent or on any other basis unless
I an offense to us which may result in a a written contract or written agreement
claim or "suit" under this insurance; specifically requires that this insurance
(2) Tender the defense and indemnity of be either primary or primary and
any claim or "suit" to any other insurer noncontributing.
which also has insurance for a loss we
i cover under this Coverage Part; and
--
I
I
I
--
G-140331-A Page 2 of 2
(Ed. 01/01)
Agenda Item NO.1 OF
September 29, 2009
Page 36 of 53
Florida Statutes Chapter 316
316.075 Traffic control signal devices
(c) Steady red indication.--
1. Vehicular traffic facing a steady red signal shall stop before entering -
the crosswalk on the near side of the intersection or, if none, then before
entering the intersection and shall remain standing until a green
indication is shown; however:
a. The driver of a vehicle which is stopped at a clearly marked stop line,
but if none, before entering the crosswalk on the near side of the
intersection, or, if none then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection in obedience to a
steady red signal may make a right turn, but shall yield the right-of-way
to pedestrians and other traffic proceeding as directed by the signal at
the intersection, except that municipal and county authorities may
prohibit any such right turn against a steady red signal at any
intersection, which prohibition shall be effective when a sign giving
notice thereof is erected in a location visible to traffic approaching the
intersection.
..-.---.........-.-...."
ARTICLE III. INTERSECTION SAFETY Agenda~ ricoft OF
September 29,2009
Page 37 of 53
ARTICLE III. INTERSECTION SAFETY
Sec. 78-51. Title and application.
This article is titled and may be cited as the "Collier County Intersection Safety Ordinance." This
article applies only to violations at intersections monitored by the county's traffic violation photographic
system.
(Ord. No. 08-22, 9 1)
Sec. 78-52. Definitions.
-. - The following words, terms, and phrases, when used in this article, shall have the meanings
herein ascribed to them, unless the context clearly indicates a different meaning:
Intersection means the area embraced within the prolongation or connection of the lateral curb
line; or if none, then the lateral boundary lines of the roadways of two roads which join or intersect one
another at, or approximately at, right angles; or the area within which vehicles traveling upon different
roads joining at any other angle may come in conflict. As to unlawful turns from an intersection, the turn
can include, but is not necessarily limited to, entering into an alley, private road, service road or
driveway.
Owner means the individual or entity holding legal title of the vehicle, or, in the event a vehicle -
is the subject of an agreement for conditional sale or lease thereof with the right of purchase upon
performance of conditions stated in such agreement and with an immediate right of possession vested
in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession,
such conditional vendee, lessee or mortgagor shall be deemed to be the owner of such vehicle for
purposes of this article.
Recorded image means an image recorded by the traffic violation photographic system by
photographs, electronic images, digital images, digital or video movie, or by any other medium that
records a moving violation of this article.
Traffic control infraction review officer means any law enforcement officer employed by the
Collier County Sheriff's Office who meets the requirements of F.S. 9 943.13, or its successor in
function.
Traffic control signal (traffic light) means a traffic control device that exhibits a light that is
steady (including turn arrow) or is flashing. The lights are green, yellow and red.
Traffic violation photographic system means a device (camera) that makes a recorded image of
the respective vehicle traveling into or through the intersection.
Vehicle means every device in, upon, or by which any individual or property is or may be,
transported or drawn upon a road, street or highway, excepting only such device designed exclusively
for operation upon stationary rails or stationary tracks.
Definitions in Florida Statutes may be referred to if relevant, including with regard to appeals.
Singular words include the plural where the context permits. "notice of code violation" includes
"violations" if more than one violation is cited.
(Ord. No. 08-22, 9 2)
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ARTICLE III. INTERSECTION SAFETY Agenda~ ISlcoft6F
September 29,2009
Page 38 of 53
Sec. 78-53. Adherence to traffic controls.
Each of these violations is classified as a moving violation by Florida Statute:
(1 ) Steady red traffic fight. The driver (operator) of a vehicle shall not allow any portion
of the front-most part of that vehicle to encroach over a vertical extension of the nearest
part of the intersection, intersection line, crosswalk line or "stop here on red" line, as
applicable at the intersection after the steady red traffic light has turned red and until the
red traffic light has turned green. A steady red traffic light includes a steady red ball, a
steady left turn arrow, or a steady red turn arrow that in conjunction with a "no turn on
red" sign or substantially similar sign, prohibits turning a vehicle at that intersection at
that time. This violation occurs whether the vehicle proceeds through the intersection or
makes a turn at or in the intersection, including a U-turn. Each violation of this
subsection is a violation of this article. (Refer to F.S. ~ 316.075(1)(c), Steady red
indication.)
(2) Flashing red traffic fight. A vehicle driver approaching a flashing red traffic light at
an intersection shall obey that light as if a stop sign. A vehicle driver who does not bring
-such vehicle to a complete stop before allowing any part of the vehicle to enter into the
intersection, intersection line, crosswalk line or "stop here on red" line, as applicable, is a
violation of this article. The driver's right to proceed shall be subject to rules that apply to
a stop sign. (Refer to F.S. ~ 316.076, Flashing signals.)
(3) Inoperable or malfunction traffic fight. Failure of a vehicle driver to treat an
inoperable traffic light or malfunctioning traffic light as a stop sign is a violation of this
article. (Refer to F,S. ~ 316.1235, Vehicle approaching intersection in which traffic lights
are inoperative.)
(Ord. No. 08-22, ~ 3)
Sec. 78-54. Exceptions.
The owner of the vehicle shall be responsible for paying the civil fine for the noticed violation of
this article listed in section 78-53, above, except:
(1) If the vehicle was being operated without expressed or implied permission from the
vehicle's owner. This exception applies only if the vehicle's owner signs and submits a
"sworn and subscribed to" affidavit to the Collier County Code Enforcement Department
either within 21 days after receipt of a notice of code violation or at the special
magistrate's hearing. The affidavit must specifically assert, if true, that the driver was
driving the vehicle without expressed or implied permission from the vehicle's owner,
and must include the vehicle driver's full name, complete and current street address, the
vehicle operator's driver's license number, and specify in meaningful detail how the
driver came into possession of that vehicle without express or implied permission from
the vehicle's owner; or in the alternative, if applicable, must have attached to the affidavit
a true copy of a valid stolen vehicle report filed with a law enforcement agency. The
following sentence must be in the affidavit immediately above the affiant's signature line:
"Under penalties of perjury, I declare that I have read the foregoing affidavit and all facts
stated herein are true.";
(2) If the driver of such vehicle is issued a Florida Uniform Traffic Citation for the
corresponding violation of Florida Statutes that occurred at that intersection at that same
date and time;
(3) If the vehicle was an authorized emergency vehicle or other vehicle owned or
controlled by a federal, state, or local government and such vehicle's driver was
authorized by applicable law, rule or regulation to disregard that traffic light at that time
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I ARTICLE III. INTERSECTION SAFETY Agenda~ r9ro:ft GF
I September 29,2009
Page 39 of 53
and place;
(4) If the asserted defense would have excused the noticed violation as if such violation
had been cited by a uniform traffic citation pursuant to Florida Statute;
(5) If the vehicle driver was required to violate the applicable traffic control device (or
the official) in order to comply with another applicable law that supersedes the respective
tr~ffic control regulation;
(6) If the vehicle driver was reasonably required to violate the applicable traffic control
device to protect valuable tangible property and/or to prevent physical injury (or death) to
any individual;
(7) If the person or entity noticed for the violation was not the owner of the vehicle as
"owner" is defined in this article;
(8) If the appeal is based upon any other valid reason the vehicle owner in good faith
believes justifies the special magistrate voiding the noticed violation; or
(9) If the special magistrate finds there exists any other valid reason why the noticed
violation should be voided by order of the special magistrate.
(Ord. No. 08-22, 9 4)
Sec. 78-55. Penalties.
(a) Civil fine; costs. Each section 78-53 violation, above, issued pursuant to this article shall
be a civil, noncriminal ordinance violation for which a $125.00 civil fine shall be assessed
against the vehicle's owner for each violation. The civil fine must be paid in full (be received by -
the county's code enforcement department) not later than 21 days after the vehicle owner's
receipt of the notice of code violation, unless the owner files an appeal that is actually received
by the county's code enforcement department, not later then 21 days after the vehicle owner's
receipt of such notice. The $125.00 civil fine may be amended by resolution of the board of
county commissioners.
(b) Costs. If the appeal does not result in the noticed violation being voided by order of the
special magistrate, then not later than 21 days after receipt of written notice from the special
magistrate, the vehicle's owner must pay the civil fine, plus all prosecutorial costs incurred by
the county and/or the special magistrate. By order of the special magistrate, the special
magistrate shall notify the vehicle's owner of the civil fine, and prosecutorial costs as applicable,
all of which shall be paid in full to the county's code enforcement department not later than the
21-day time limit.
(c) Suspension of county privileges. A noticed vehicle owner who fails to pay in full the
applicable civil fine, and, if applicable, any costs within the applicable 21-day time period, shall
thereby lose that vehicle owner's privilege to obtain (or renew) every Collier County Tax
Collector local business tax receipt issued to such owner (individual or entity) and shall also
thereby lose that owner's privilege to obtain other licenses and/or permits issued by Collier
County. The owner can summarily reinstate all such lost privileges by paying in full all such fines
and costs. If the applicable fines and costs are not paid in full within the applicable 21-day time
period, the special magistrate may place a lien on such of the vehicle owner's property as then
authorized by F.S. Ch. 162, and/or by then applicable Collier County Code Enforcement
Ordinance(s). The lien amount, including any accrued interest, and all costs actually incurred by
the county and/or the special magistrate regarding the lien shall be paid in full before the lien is
released or is otherwise voided. The county may also elect to enforce all such fines and costs ~
by civil action in the nature of debt.
(d) No driver's points and no effect on any driving privilege. As, violations of this article are
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ARTICLE III. INTERSECTION SAFETY Agendaltag# "'cOf16F
September 29, 2009
Page 40 of 53
ordinance violations and not conviction(s) of any motor vehicle law, no violation of this article
shall result in any points, as provided in F.S. 9 322.27, or otherwise, nor be any basis for
suspension or revocation of any driving privilege.
(Ord. No. 08-22, 9 5)
Sec. 78-56. Notice of code violations.
(a) Issuance of notice of code violation. The Collier County Sheriffs Office (CCSO) may
lawfully issue, or cause to be issued the notice of violation. Each decision to issue or not issue a
notice of violation to the vehicle's owner pursuant to this article shall be made by a traffic control
infraction review officer, or designee, after his or her review of recorded image(s) as recorded
by the traffic violation photographic system. The traffic control infraction review officer, or
designee, shall also verify that the traffic control monitoring system/devices which captured the
recorded images was functioning properly at the time the recorded images were captured. The
recorded image shall be sufficient grounds to issue a notice of violation.
---
(b) Contents of notice of code violation. The notice issued for the violation listed in section 78-
53, above, shall be by a standard form notice approved by the Collier County Sheriffs Office
and by the county attorney's office, which notice should include the following information:
(1) The name and mailing address of the owner of the vehicle as of the date the noticed
ordinance violation was committed;
(2) The make, model, year and registration number of such vehicle;
(3) The subsection of this article that was violated;
(4) The date, time and intersection of the violation;
(5) A copy of the recorded image(s) of the violation as recorded by the traffic violation
photographic system, including a recorded image that identifies the letters and numbers
on the vehicle's license plate and the state, country or territory shown on that license
plate;
(6) The monetary amount of the civil fine and the deadline date such fine must actually
be received by the county's code enforcement department;
(7) The mailing address of the code enforcement department to which the fines must
be delivered by or on behalf of the vehicle's owner, and the name of the payee to
facilitate payment by money order, check or other negotiable instrument;
(8) A statement that the signing traffic control infraction review officer reviewed and
thereby observed the recorded image(s) evidencing the violation, and that those images
constituted reasonable grounds for that traffic control infraction review officer to conclude
that the noticed violation was committed at the cited date, time and intersection;
(9) A statement of the 21-day time limit within which the vehicle owner may file an
appeal and a brief description of the appeal process; and
(10) A statement that if the vehicle's owner fails to pay the civil fine in full or fails to
timely appeal the violation(s), the owner shall thereby be deemed to; (i) have waived all
rights to dispute that violation; (ii) to thereby admit the violation; and (iii) failure to pay all
applicable fines, and costs as applicable, can result in loss of privileges and imposition
of liens pursuant to this article.
(c) Delivery of notice of code violation. The notice of code violation shall be delivered to the
vehicle owner by certified mail, proper postage prepaid, and properly addressed to the mailing
address of the individual who (or entity that) is then listed as the titled owner by the applicable
agency of whatever State of the United States, country or territory where the respective vehicle
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ARTICLE III. INTERSECTION SAFETY Agenda RagerbJIl6F
September 29, 2009
Page 41 of 53
was registered as of the date of the noticed violation. If there is more than one such listed
owner, the notice can be delivered to only one such listed owner. The county shall have the
right, but not any obligation, to serve the notice by personal service upon one owner at any
proper place of personal service or may otherwise elect to serve one owner by any other means
then authorized by law.
(Ord. No. 08-22, ~ 6)
Sec. 78-57. Obligations of vehicle owner; appeals to special magistrate.
(a) Upon receipt of a notice of code violation, the noticed owner may contest the notice by filing
an appeal that is actually received by the county's code enforcement department not later than
21 days after the vehicle's owner received such notice. A code enforcement department
employee shall note on the appeal the date and time of receipt of that appeal.
(b) The appeal must include the owner's name, mailing address and phone number, and must
- state in clear, meaningful detail all grounds 'upon which the violation is being contested by the
appeal. The grounds for appeal are listed in section 78-54, above.
(c) The code enforcement department shall promptly refer the appeal to a special magistrate.
The special magistrate shall endeavor to schedule the appeal hearing within 60 days after the
special magistrate's receipt of the appeal (provided the appeal was actually received by the
county's code enforcement department not later than 21 days after the vehicle owner's receipt
of the notice of code violation). The special magistrate by order may summarily dismiss the
appeal with prejudice if the appeal does not comply with any requirement listed in subsections
(a) or (b), above.
(d) The recorded images shall be admissible at the hearing for all purposes. The traffic control
infraction review officer may testify at the hearing.
(e) If upon appeal the noticed violation is not voided by order of the special magistrate, the
owner shall pay in full the civil fine, plus all costs actually incurred by the county and/or special
magistrate resulting from that appeal. The civil fine and applicable incurred costs must be
delivered in full to the county's code enforcement department not later than 21 days after the
owner's receipt of the special magistrate's order that states the noticed code violation was not
voided by the special magistrate, and shall specify the applicable civil fine, and applicable
incurred costs, if any. All of the special magistrate's orders, letters and other papers, etc., can
be mailed to the vehicle owner by ordinary U.S. mail, proper postage prepaid, addressed to the
owner's mailing address as listed in the owner's appeal, which mailing shall be sufficient receipt
by the vehicle's owner.
(Ord. No. 08-22, ~ 7)
Sec. 78-58. Sixty-days' grace period.
The respective reviewing traffic control infraction review officer, or the CCSO designee, by
ordinary U.S. mail, is authorized to mail to the vehicle owner a "courtesy notice" of the violation of this
article that occurs prior to noon of the day that is 60 days after the effective date of this article.
(Ord. No. 08-22, 9 8)
-
Sec. 78-59. Conflict and severability.
In the event this article (ordinance) conflicts with any other ordinance of Collier County or other
applicable law, this article shall apply and supersede. If any phrase or portion of this article is held
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ARTICLE III. INTERSECTION SAFETY AgendaRa~~f~
September 29, 2009
Page 42 of 53
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portions.
(Ord. No. 08-22, ~ 9)
-
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