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Home My WebLink About2005-107A(Red Light Cameras) 1 RESOLUTION NO. 2005-107A 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN ADDENDUM TO MAINTENANCE AGREEMENT 3 FOR TRAFFIC SIGNAL RED LIGHT ENFORCEMENT EQUIPMENT IN STATE ROUTES IN THE CITY OF SAN BERNARDINO WITH CALTRANS. 4 5 6 7 8 9' 10 11 12 13 WHEREAS, the City of San Bernardino is entering in a Lease and Services Agreement with Nestor Traffic Systems, Inc" for a Traffic Signal Violation Video-Enforcement System; and, WHEREAS, the systems will be installed in areas under the jurisdiction of the California State Department of Transportation ("CaITrans"); and, WHEREAS, prior to installing such equipment, CalTrans will require the City to enter into that agreement entitled Traffic Signal Violation Video-Enforcement Supplier Lease and Services Agreement ("Agreement"); and, WHEREAS, on April 18, 2005, the City Council duly set a public hearing to be held on May 2, 2005, pursuant to Section 21455,6 of the Vehicle Code, by giving notice by publication in a newspaper of general circulation, to consider entering into an agreement with Nestor Traffic Systems, Inc, for a Traffic Signal Violation Video-Enforcement System; and, WHEREAS, on May 2, 2005, the City Council held a public hearing pursuant to Section 14 15 16 17 18 19 20 21 21455,6 of the Vehicle Code to consider entering into an agreement with Nestor Traffic Systems, Inc" for a Traffic Signal Violation Video-Enforcement Systems, and all persons who wished to speak, were provided to do so at the public hearing; and, WHEREAS, it is in the best interests of the City and to its benefit to enter into the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 22 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 23 SECTION 1. The Mayor is hereby authorized and directed to execute said Agreement on 24 behalf of the City, a copy of which is attached hereto as Exhibit "A" and incorporated by reference, 25 SECTION 2. This contract and any amendment or modification thereto shall not take effect 26 or become operative until fully signed and executed by the parties and no party shall be obligated 27 hereunder until the time of such full execution, No oral agreements, amendments, modifications or 28 waivers are intended or authorized and shall not be implied from any act or course of conduct of any DHC/js[Nestor2.Res] 1 . ., 1 party. 2 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it 3 within sixty (60) days of the passage of this resolution. 4 1/1 5 /II 6 1/1 7 /II 8 /II 9 /II 10 /II 11 1/1 12 /II 13 /II 14 /II 15 1/1 16 1/1 17 1/1 18 /II 19 /II 20 1/1 21 1/1 22 1/1 23 1/1 24 /II 25 /II 26 1/1 27 1/1 28 DHC/js[Nestor2.Res] 2 . ,. 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO APPROVING AN ADDENDUM TO MAINTENANCE AGREEMENT FOR TRAFFIC SIGNAL RED LIGHT ENFORCEMENT EQUIPMENT IN STATE 3 ROUTES IN THE CITY OF SAN BERNARDINO WITH CAL TRANS. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a i oint regular meeting thereof, held 6 on the 2nd day of Mav 7 COUNCIL MEMBERS: AYES 8 ESTRADA --1L- 9 LONGVILLE --X.- 10 MCGINNIS --X.- 11 DERRY X 12 KELLEY X 13 JOHNSON X 14 MCCAMMACK X 15 16 17 , 2005, by the following vote, to wit: NAYS ABSTAIN ABSENT ~h~ 18 19 20 21 The foregoing Resolution is hereby approved this y/l. day of Ma~ ,2005. Approved as to form and 22 legal content: 23 JAMES F. PENMAN, City Attorney 24 25 26 27 28 DHC/js[Nestor2.Res] 3 '200S-107A ORIGINAL ADDENDUM TO MAiNTENANCE AGREEMENT FOR TRAFFIC SIGNAL RED LIGHT ENFORCEMENT EQUIPMENT iN STATE ROUTES iN THE CITY OF SAN BERNARDiNO THIS ADDENDUM to Maintenance Agreement Ju.~S;;f)Q5}s made and entered into effective this 4th day of April, 2005, by and between the State of California, acting by and through its Department of Transportation, hereinafter referred to as "STATE" and the City of San Bernardino hereinafter referred as the "CITY." A. RECITALS CITY desires to install and maintain red light photo enforcement Equipment on existing traffic signal facilities within a State Highway right of way and within City limits. B. DEGREE OF MAINTENANCE The degree or extent of Equipment maintenance work to be performed and the standard thereof shall be solely determined by City. C. CITY AGREES: In consideration of the mutual covenants and promises herein contained, CITY agrees: 1. The installation of red light enforcement Equipment shall be at no additional cost to State. 2. CITY shall design and install Equipment so as not to interfere with the signal timing and no input shall be allowed to the traffic controller. 3. CITY will maintain all new Equipment on the State Route within City limits (see Exhibit "A") 4. When planned maintenance of Equipment is required, the CITY will apply for an encroachment permit for such maintenance. 5. If for any reason CITY is unable to maintain the Equipment in a manner satisfactory to STATE, as defined in this Agreement, ST ATE will not accept any responsibility of maintaining the Equipment. 6. CITY agrees to pay all costs associated with operation and maintenance of this Equipment. D. STATE AGREES: 1. When planned maintenance of Equipment is required at a location shown on Exhibit DHCljs [RedUghtEnforceEquip.Agr] 1 EXHIBIT "A" . A, ST ATE will issue an encroachment permit free of charge to CITY. 2. ST ATE's Electrical Maintenance Superintendent for this area shall make random inspections and may request additional maintenance activities of the CITY. E. LEGAL RELA nONS AND RESPONSffiILITIES: I. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. 2. It is understood and agreed that neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to ST ATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, STATE shall defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 3. It is understood and agreed that neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by ST ATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, STATE shall defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. F. TERM OF AGREEMENT: This Addendum shall be effective on April 4, 2005. This Agreement may be further amended or terminated by either party upon sixty (60) days notice to the other party. Failure to comply with provisions set forth in this Agreement would be grounds for Notice of Termination by STATE. DHCljs [RedLightEnforceEquip.Agr] 2 EXHIBIT "A" " IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year filst above written. By: ayor ity of San Bernardino ST ATE OF CALIFORNIA DEPARTMENT OF TRANSPORT AnON Approved as to form and legal content BY~~ JAMES F. PENMAN, City Attorney By: ?-. City Attorney City of San Bernardino DHC/js [RedLightEnforceEquip.Agr] 3 Exhibit "A" I f EXHIBIT "A" Red Light Enforcement Eauipment in the Citv of San Bernardino Location Route/PM SBO lSfT6.l5 SBO 18fT7.SS SBO 210(30)/27.28 30th Street 40th Street Arden A venue