HomeMy WebLinkAbout2008-135(Red Light Cameras)
RESOLUTION NO. 2008-135
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THE LEASE AND SERVICES AGREEMENT WITH NESTOR
TRAFFIC SYSTEMS, INC., TO EXPAND THE EXISTING TRAFFIC SIGNAL
VIOLATION SYSTEM.
WHEREAS, on March 24, 2008, the City Council duly set a public hearing to be held
on April 7, 2008, pursuant to Section 21455.6 of the California Vehicle Code, by giving notice
by publication in a newspaper of general circulation, to consider entering into an amended
agreement with Nestor Traffic Systems, Inc. to expand the existing Traffic Signal Violation
System.
WHEREAS, on April 21, 2008, the City Council held a public hearing pursuant to
Section 21455.6 of the California Vehicle Code, to consider entering into an amended
agreement with Nestor Traffic Systems, Inc. to expand the existing Traffic Signal Violation
System, and all persons who wished to speak, were provided an opportunity to do so at the
public hearing.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1:
The City Manager is hereby authorized and directed to execute
the "Amendment to Agreement" of the Traffic Signal Violation Video-Enforcement System
Lease and Services Agreement approved May 4, 2005 with Nestor Traffic Systems, a copy of
which is attached as Exhibit "A", and incorporated herein by reference. All other terms and
conditions of the Lease and Services Agreement will remain in effect and unchanged.
SECTION 2:
The Director of Finance is authorized and directed to issue a
Purchase Order to Nestor Traffic Systems, Inc. for an amount not to exceed $1,982,650 for FY
2008/09 and $2,501,760.00 for FY 2009/10.
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THE LEASE AND SERVICES AGREEMENT WITH NESTOR
TRAFFIC SYSTEMS, INC., TO EXPAND THE EXISTING TRAFFIC SIGNAL
VIOLATION SYSTEM.
SECTION 3:
This amendment shall not take effect or become operative until
fully signed and executed by the parties and no party shall be obligated hereunder until the time
of such full execution. No oral agreements, amendments, modifications or waivers are
intended or authorized and shall not be implied from any act or course of conduct of any party.
SECTION 4:
This resolution is rescinded if the parties to the contract fail to
execute it within sixty (60) days of the passage of this resolution.
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THE LEASE AND SERVICES AGREEMENT WITH NESTOR
TRAFFIC SYSTEMS, INC., TO EXPAND THE EXISTING TRAFFIC SIGNAL
VIOLATION SYSTEM.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a ; oint regulatneeting thereof, held
[A?lcdc-(. /2. V-"jJ"-.
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this c;;23.J2 day of April
, 2008.
Pat ck J. Monls, Mayor
Ity of San Bernardino
Approved as to
Form:
lej) 1/ 0#61(jJ
an, City Attorney
2008-135
EXHIBIT "A"
1 AMENDMENT TO AGREEMENT
2 This Amendment to Agreement is entered into this 21st day of April ,2008,
3 by and between Nestor Traffic Systems, Inc., ("Nestor") and the City of San Bernardino
4 ("Municipality").
5 RECITALS
6 A. On May 4,2005, the Municipality and Nestor entered into a written contract entitled
7 "Traffic Signal Violation Video-Enforcement Agreement" ("Agreement") for the installation and
8 assistance in the administration and operation of traffic video monitoring systems.
9 B. Pursuant to the Agreement, Nestor completed eight approaches at four intersections
10 as identified on Exhibit A, attached hereto and incorporated herein by this reference.
11 C. Municipality and Nestor now desire to amend the Agreement to increase the number
12 of intersections at seven locations for the installation of traffic video monitoring systems, and to
13 increase the compensation for the services authorized in the Agreement.
14 AGREEMENT
15 In consideration of the mutual promises contained in the Agreement, the parties agree as
16 follows:
1 7 1. Nestor shall install traffic video monitoring systems at the locations, approach
18 directions, and compensation as set forth in Exhibit B, attached hereto and incorporated herein by
19 this reference. Nestor shall provide services for four years from the date the monitoring systems are
20 completed and approved in writing by Municipality.
21 2. Section 1, subsection 1.1 of Exhibit A of the Agreement is hereby amended to include
22 the four intersections completed from the date of execution of the Agreement.
23 3. Nestor shall provide to Municipality all relevant documents under its custody and
24 control to prepare and prosecute a contested citation at a trial. The documents shall include, but not
25 be limited to, copies of citations, "affidavits of innocence," certifications of mailing, and operation
26 logs for each citation. Municipality and Nestor shall meet and agree on a procedure, which shall be
27 reduced to writing, on the procedures each party shall comply with to meet the requirements of this
28 paragraph.
1
DHC/sls.Agreements.Amendment to Agreement.Nestor 020508
2008-135
1
4.
All other provisions of the Agreement are reaffirmed as originally stated therein.
2 IN WITNESS THEREOF, the parties hereto have executed this Amendment to Agreement
3 on the day and date first above written.
4
5 Dated: ~fR.i L. ,)" JOtJC/ , 2008
6
7
8
9
10 /:)1"1 ~ . ~
Dated:c~ c:2--1- , 2008
11
12
13
14
Nestor Traffic Systems, Inc.
BY:~ y~
arence Davis
President and CEO
ATTEST:
15 ' /J . Ii? II jj I
o \--1IV(...A'\_-L-Z ,t.) , LA-'/llc.-,,_
16 Rachel-Clark, City Clerk
17
18
19
Approved as to Form:
JAMES F. PENMAN,
20 City Attorney
21 By: IL:(ctt!CJ IIIU61t-]
22 U
23
24
25
26
27
28
2
rn.:rr/"l" A nTPpmpnh: Ampnnmpnt to Aon~ement_Nestor 020508
2008-135
Exhibit A
A. Service Locations, Periods, and Periods of Service:
1. South Waterman Avenue at East Hospitality Lane, San Bernardino, California;
Enforcement Period Started: July 1, 2005;
Enforcement Period Ends: June 30, 2010;
Approaches: Two (North and South);
Approaches: Left, Right, and Straight Enforcement;
Collision Avoidance feature included for both approaches.
2. North Waterman Avenue at East 40th Street, San Bernardino, California;
Enforcement Period Started: November 17, 2006;
Enforcement Period Ends: November 16,2011;
Approaches: Two (North and South);
Approaches: Left, Right, and Straight Enforcement.
3. East Highland Avenue at North Arden Avenue, San Bernardino, California;
Enforcement Period Started: January 1, 2007;
Enforcement Period Ends: December 31,2011;
Approaches: Two (East and West);
Approaches: Left, Right, and Straight Enforcement.
4. North W aterman Avenue at East 30th Street, San Bernardino, California;
Enforcement Period Started: January 20, 2008;
Enforcement Period Ends: January 19,2013;
Approaches: Two (South and West);
Approaches: Left, Right, and Straight Enforcement.
DHC/sIs.Agreements.ExhibitA.B.Amendment to Agreement.Nestor 020508
2008-135
Exhibit B
A. Service Locations, Periods and Periods of Service:
1. North University Parkway at West Kendall Drive, San Bernardino, California;
Enforcement Period: Four years from the date enforcement starts;
Approaches: Five (North, South, East and West);
Cost per Approach: $7,015.00 per month (left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
2. South Tippecanoe Avenue at East San Bernardino Avenue, San Bernardino, California;
Enforcement Period: Four years from date enforcement starts;
Approaches: Five (North, South, East and West);
Cost per Approach: $7,015.00 per month (left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
3. North Waterman Avenue at East 9th Street, San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Two (North and East);
Cost per Approach: $7,015.00 per month (left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
4. North Waterman Avenue at East Highland Avenue, San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Four (North, South, East and West);
Cost per Approach: $7,015.00 per month (left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
5. South E Street at West Orange Show Road, San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Two (South and East);
Cost per Approach: $7,015.00 per month (left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
6. North Mt. Vernon Avenue at West 9th Street, San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Two (North and South);
Cost per Approach: $7,015.00 per month (left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
7. South Mt. V ernon Avenue at West Rialto Avenue, San Bernardino, California;
Enforcement Period: Five years from date enforcement starts;
Approaches: Two (South and East);
Cost per Approach: $7,015.00 per month (left, right, and straight enforcement);
Collision Avoidance feature included for all approaches.
DHCI Agreements.ExhibitA.B.Amendment to Agreement.Nestor 4.17.08