HomeMy WebLinkAbout20-Police Department 'URIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Keith L.Kilmer Resolution of the City of San Bernardino
Chief of Police Authorizing the execution of an Agreement
with American Traffic Systems (ATS) of
Dept: Police Department Phoenix, Arizona, for an Upgrade to the City's
Red Light Camera Enforcement System, and
Date: September 13, 2011 to Authorize the Director of Finance to
Increase the Red Light Camera Program
Revenue and Expenditures.
M/CC DATE: September 19,2011
Synopsis of Previous Council Action
1. Resolution 2005-107 - May 04, 2005 - Resolution of the City of San Bernardino
authorizing a lease and services agreement with Nestor Traffic Systems (NTS) for a
Red Light Camera Enforcement System.
2. Resolution 2005-107A - May 04, 2005 - Resolution of the City of San Bernardino
authorizing a maintenance agreement for Red Light Camera Enforcement System
equipment on State Routes in the City of San Bernardino with Caltrans (DOT).
3. March 24, 2008 - Motion to set a public hearing for April 7, 2008, to authorize an
amendment to the lease and services agreement with Nestor Traffic Systems (NTS)
4. Resolution 2008-135 - April 21, 2008 - Resolution of the City of San Bernardino
authorizing a contract amendment with Nestor Traffic Systems (NTS).
5. Resolution 2009-007 - January 20, 2009 - Resolution of the City of San Bernardino
authorizing an amendment to the lease and services agreement with Nestor Traffic
Systems (NTS).
6. January 24, 2011 - Approved motion that the City Manager provide a set of
recommendations relative to terminating the Red Light Camera Program.
7. March 7,2011 - Approved motion to terminate the Red Light Camera Program.
Recommended Motion:
1. Adopt Resolution.
2. Authorize the Director of Finance to amend the FY 2011/12 budget by increasing
the Red Light Camera Program revenue (128-210-4441-000) by $662,300 and
increasing the Red Light Camera Program expenditures (128-210-5505-0000-0087)
by$552,200 as discussed in the staff report.
Keith L. Kilmer, Jnef of Police
-*d-6
Contact person: Lieutenant Raymond W. King Phone: 384-5604
Supporting data attached: Yes Staff Report/Resolution Ward: All
FUNDING REQUIREMENTS: Amount: $ 669,238 (FY 2011/12)
Source: Traffic Safety Program
Other Professional Services
(128-210-5505-0000-0087)
Council Notes: Finance
Agenda Item No.
t
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the City of San Bernardino Authorizing the execution of an Agreement with
American Traffic Systems (ATS) of Phoenix, Arizona, for an Upgrade to the City's Red Light
Camera Enforcement System and Authorizing the Director of Finance to Amend the FY 2011/12
Budget to Increase the Red Light Camera Program Revenue and Expenditures.
BACKGROUND:
In May 2005, the City Council approved a Red Light Camera Enforcement System for the City
of San Bernardino with Nestor Traffic Systems (NTS). The initial project involved the
installation of camera systems at four intersections (Waterman at Hospitality, Waterman at 30th
Street, Waterman at 401h Street, and Highland at Arden). The contract was amended in April
2008 to expand the project to 11 locations. Seven of the 11 locations were activated. In
September 2009, American Traffic Systems (ATS) purchased Nestor Traffic Systems and
assumed the responsibility for providing services to the City as outlined in the existing lease and
service agreement.
On January 14, 2011, the Police Department presented a staff report to Council regarding the
Red Light Camera Program. Following the presentation, the Council directed the City Manager
to provide a set of alternatives relative to terminating the Red Light Camera Program. On March
7, 2011,the alternatives were presented to the Council, and the Council directed that staff further
explore termination. Based on the expectation that the program would be terminated, the FY
2011/12 adopted budget includes $117,000 in program expenditures related to the lease of
camera equipment through the termination of the agreement. Program revenues were projected
at $267,000, which includes $150,000 in prior year revenue to be received in FY 2011/12 and
$117,000 in revenue generated from the beginning of the fiscal year through termination.
In exploring the termination of the agreement, ATS requested the City further consider
alternatives and offered to restructure the program to improve traffic safety results. The analysis
conducted by ATS included an evaluation and assessment of the existing camera locations,
evaluation of other prospective intersections with high violation and crash rates, and an
evaluation of the impact of an upgrade of the existing cameras with new detection and imaging
technology on enforcement.
ATS proposes to convert some of the existing NTS camera enforcement systems, which are
located at intersections that continue to experience a high volume of red light violations, to the
ATS product line that features the latest detection and imaging technology, and install new
intersections with the updated product line. Intersections that would not be converted from the
existing NTS systems would have a reduction in the monthly lease fees. Updated intersections
would have a uniform flat monthly lease fee as would new intersections. After meeting with
ATS and discussing a possible transition to the upgraded ATS product line, the following
benefits to restructuring the program were identified:
1. Reduction in on-site equipment — The updated ATS product line does not require
equipment such as the large over-hanging camera poles that are required by the NTS
system. All enforcement activities would be completed from a single pole at the curb
with the exception of Highland at Arden, which would require two curb poles, without
overhanging equipment, because of the number of lanes.
2. Improved in-ground sensor equipment — The ATS product line uses an inexpensive, in-
ground sensor to track violators and communicate with curb mounted camera poles. The
devices may easily be moved or replaced if work on the roadway is necessary. ATS
would provide the devices to the City at no cost, and with advance coordination, would
respond to sites to install, replace, or repair sensors at no cost to the City.
3. Improved strobe light technology — The ATS product line uses smaller and more
effective strobe lights. This technology allows the cameras to capture multiple violators
on each red phase.
4. Improved web-based enforcement software — The ATS product line provides more
detailed review features for officers and court personnel.
5. Larger customer service call center for the public — The ATS product line provides a
larger centralized call center for citizens to call with questions associated with the red
light cameras.
6. The new and upgraded enforcement systems will have 24/7 video recording that will be
maintained and stored for the most recent 30-day period.
The proposed restructured program would provide the following major changes to the City of
San Bernardino's red light camera program:
1. Fixed Lease Period — Presently, intersections are operated pursuant to individual lease
agreements, which have various expiration dates. The program is set to expire on July
13, 2014. Under the restructured program, the intersections would be operated pursuant
to one lease agreement that would expire on July 13, 2014. Under the terms proposed by
ATS, the lease would run retroactive from the start of FY 2011/12 to July 13, 2014.
2. University Parkway at Kendall — This site would be removed due to reduced red light
violation activity.
3. The infrastructure at Tippecanoe at San Bernardino Avenue would be eliminated —
Current traffic violation and collision studies do not support a system at this location.
4. Hospitality at Waterman—This site would be eliminated.
5. Westbound 30th St at Waterman — This site would be eliminated due to reduced red light
violation activity.
6. Additional Site — Baseline at Mt Vernon (EB/WB) — This site would be added based on
violation and collision data.
7. Additional Site — Baseline at Waterman (NB/WB) — This site would be added based on
violation and collision data.
8. Additional Site — Mill at Pepper (NB/SB) — This site would be added based on violation
and collision data.
9. Upgraded Technology—Waterman at Highland(WB/SB)
10. Upgraded Technology—I-I f land at Arden(EB/WB)
11. Upgraded Technology—30t at Waterman (SB)
12. No Changes to the Site—91h at Mt. Vernon(NB/SB)
13. No Changes to the Site—Waterman at Highland (NB/EB)
14. No Changes to the Site—40`h at Waterman(NB)
FINANCIAL IMPACT:
Given that it was anticipated that the red light camera program would be terminated, the FY
2011/12 Police Traffic Safety program budget (Account: 128-210-5505-0000-0087) includes
$117,000 for red light program contract expenditures. Red light camera revenues were projected
at $267,000, which includes an estimated $150,000 in revenue from FY 2010/11 that would be
received in FY 2011/12 and $117,000 in fine revenue for the period July 1, 2011, through
termination of the program. As the program has not been terminated, the City has incurred costs
and received revenue which was not contemplated at the time the FY 2011/12 budget was
adopted.
If the proposed restructuring is approved, adjustments to the FY 2011/12 budget would be
required. Assuming the program changes were effective beginning in October 2011 and the new
intersections were operational beginning in January 2012, program budget expenditures and
revenues would need to be adjusted for FY 2011/12 by $552,238 and$662,348 respectively.
For the subsequent fiscal years (FY 2012/13 and FY 2013/14), ATS projects the lease costs
would be $835,740. These costs do not include the personnel and other costs related to program
administration. Gross revenue is projected by ATS at $2,391,830. The projected revenue is
based on the assumption that historical revenue for the City remains at least at $69.69 per red
light camera citation and that a 10 percent increase in citations occurs at intersections equipped
with updated detection and imaging technology.
Account: 128-210-5505-0000-0087 Budget Total $669,238 (FY 2011/12)
I Balance as of September 19, 2011: $669,238 (Balance after approval: 1-0.00)
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
RECOMMENDATION:
1. Adopt Resolution.
2. Authorize the Director of Finance to amend the FY 2011/12 budget by increasing the Red
Light Camera Program revenue (128-210-4441-000) by $662,348 and increasing the Red
Light Camera Program expenditures (128-210-5505-0000-0087) by $552,238 as
discussed in the staff report.
1 RESOLUTION NO. c (opy
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH AMERICAN TRAFFIC SYSTEMS (ATS)
OF PHOENIX,ARIZONA FOR AN UPGRADE TO THE CITY'S RED LIGHT
4 CAMERA ENFORCEMENT SYSTEM, AND TO AUTHORIZE THE DIRECTOR OF
FINANCE TO INCREASE THE RED LIGHT CAMERA PROGRAM REVENUE AND
5 EXPENDITURES.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. American Traffic Systems (ATS), of Phoenix, Arizona, is the new owner
9
of the City's existing Red Light Camera Enforcement System that was previously owned by
10
11 Nestor Traffic Systems (NTS). The existing Red Light Camera Enforcement System is leased
12 to the City of San Bernardino and operated by the San Bernardino Police Department.
13 SECTION 2. That the Mayor and Common Council authorize the City Manager, or
14 his designee,to execute the Vendor Service Agreement, which is attached hereto and marked as
15 Exhibit A, between American Traffic Systems and the City of San Bernardino for services
16
outlined in the Agreement and attachments and exhibits thereto.
17
SECTION 3. The authorization to execute the Vendor Service Agreement referenced
18
19 in Section 2 of this Resolution is rescinded if both parties do not sign the Vendor Service
20 Agreement within forty-five (45)days of the passage of this Resolution.
21 SECTION 4. That the Director of Finance is authorized to amend the FY 2011/12
22 budget by increasing the Red Light Camera Program revenue (128-210-4441-0000) by
23
$662,348 and increase the Red Light Camera Program expenditures (128-210-5505-0000-0087)
24
by $552,238 as discussed in the staff report.
25
26
27 � �,
/// �
28
c.
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH AMERICAN TRAFFIC SYSTEMS (ATS)
2 OF PHOENIX,ARIZONA FOR AN UPGRADE TO THE CITY'S RED LIGHT
CAMERA ENFORCEMENT SYSTEM,AND TO AUTHORIZE THE DIRECTOR OF
3 FINANCE TO INCREASE THE RED LIGHT CAMERA PROGRAM REVENUE AND
4 EXPENDITURES.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a meeting thereof, held
7 on the day of , 2011, by the following vote,to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
MARQUEZ
10
JENKINS
11
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18 Rachel G. Clark, City Clerk
19 The foregoing resolution is hereby approved this day of , 2011.
20
21
Patrick J. Morris, Mayor
22 City of San Bernardino
23 Approved as to
Form:
24
25 �C¢
JAMES PENMAN,
26 City Attorney
27
28
® VENDOR SERVICES AGREEMENT BETWEEN AMERICAN TRAFFIC SOLUTIONS, INC.
AND THE CITY OF SAN BERNARDINO FOR RED LIGHT CAMERA SERVICES
This Vendor Services Agreement is entered into this day of
2011 by and between American Traffic Solutions, Inc. ("VENDOR" or"ATS") and the CITY
of San Bernardino, California ("CITY").
WITNESSETH:
WHEREAS, ATS has the exclusive knowledge, possession and ownership of certain
equipment, licenses and processes, referred collectively as the "Camera System;" and
WHEREAS, ATS has been assigned the CITY's existing Nestor Traffic Systems, Inc.
Traffic Signal Violation and Video-Enforcement System Agreement dated May 4, 2005 (Nestor
Agreement) that was amended on April 21, 2008 and January 20, 2009; and
WHEREAS, the CITY desires to replace the existing Nestor Agreement with a new
Agreement with ATS; and
WHEREAS, the CITY desires to upgrade with ATS Camera Systems, remove certain
Nestor camera systems or install new ATS Camera Systems to monitor and enforce red light
violations.
NOW THEREFORE, the parties agree as follows:
1. DEFINITIONS.
As used in this Agreement, the following words and terms shall, unless the context
otherwise requires, have the respective meanings provided below.
"Approach" is defined as one direction of travel of one or more lanes on a road or a
traffic intersection up to four (4) contiguous lanes controlled by up to two (2) signal
phases.
"Citation" means a citation or notice of violation or equivalent instrument issued by a
competent state or municipal law enforcement agent or agency or by a court of
competent jurisdiction relating to a violation documented or evidenced by a violation
processing system.
'Owner' means the owner(s) of a motor vehicle as shown by the motor vehicle
registration records of the motor vehicle department or the analogous agency of another
state or country.
"Paid Citation" means a situation where the person cited has entered a plea of guilty and
paid any portion of the fine and applicable court costs associated with the particular
citation.
"Person" or "Persons" means any individual, partnership, joint venture, corporation, trust,
unincorporated association, governmental authority or political subdivision thereof or any
other form of entity.
"Project Time Line" means initial schedule and timelines required to begin the
implementation of CITY's project.
"Traffic Control Signal" means a traffic control device that displays alternating red, yellow
and green lights intended to direct traffic when to stop at or proceed through an
intersection.
"Twin Camera System" means a photo-traffic monitoring device consisting of one (1)
front and one (1) rear camera and a traffic monitoring device capable of accurately
detecting a traffic infraction on up to four (4) lanes controlled by up to two (2) signal
phases and which records such data with one or more images of such vehicle. It shall
also include, where the sense requires, any enclosure or cabinet and related
appurtenances in which the Camera System in stationed.
"Recorded Image" means an image digitally recorded by a Camera System.
"Violation" means failure to obey an applicable traffic law or regulations, including,
without limitation, failure to obey a traffic signal, operating a motor vehicle in excess of
the posted speed limit, and operating a motor vehicle without displaying a valid license
plate.
2. SCOPE OF SERVICES.
For the remuneration stipulated, CITY hereby engages the services of VENDOR to
provide those products and services as set forth in VENDOR'S Scope of Work on Exhibit "A,"
attached hereto and incorporated herein.
,. 3. COMPENSATION AND EXPENSES.
CITY shall pay for all equipment, services and maintenance based on the fee schedule
indicated in Schedule 1 ("Camera Site Selection and Fees"). All new and upgrade camera
systems must be installed within the first three (3) months of this Agreement. Fees for any
cameras installed after the first 12 months shall be mutually agreed to by the parties through a
change order.
The CITY shall pay all fees due VENDOR based upon invoices from the proceeding
month within 30 days of submission. Late payments are subject to interest at 1.5% per month
on open balances.
4. TERM.
a. This Agreement shall be effective on the signature date at the end of this
agreement.
b. The term of this Agreement shall commence on the effective date and shall
expire July 13, 2014 and may be extended for two additional three year periods by
mutual agreement of the parties.
C. ATS's services may be terminated:
i) By mutual written consent of the parties;
ii) For cause, by either party where the other party fails in any material way
to perform its obligations under this Agreement. Termination under this
subsection is subject to the condition that the terminating party notifies
the other party of its intent to terminate, stating with reasonable specificity
the grounds therefore, and the other party fails to cure the default within
forty-five (45) days after receiving notice;
For convenience, by either party in the event that state legislation or a
decision by a court of competent jurisdiction materially interferes with the
ability of a party to perform its obligations under the terms of the
Agreement. In any termination of convenience, ATS shall retain any
amount of revenue collected from the program sufficient to cover ATS's
costs in excess of fees paid to date.
d. Upon termination of this Agreement because it has reached the end of its term,
the parties recognize that the CITY will have to process traffic law violations in the
"pipeline," and that ATS accordingly must assist the CITY in this regard. ATS shall
provide wind down services for 50% of the fees identified in the fee schedule.
Accordingly, the parties shall take the following actions, and shall have the following
obligations, which survive termination during the wind down period: The CITY shall
cease using the Camera System, shall return or allow ATS to recover all provided
equipment within a reasonable time not to exceed ninety (90) days, and shall not
generate further images to be processed. ATS shall remove its equipment installed
in connection with ATS's performance of its obligations under this Agreement, ATS
shall leave the installed foundation in place and will leave the surface approximately
flush with grade with no exposed anchor bolts or other visible hazards. Permit fees
for this work will be waived.
5. INTERSECTION AND VIOLATION RATE ANALYSIS.
Prior to implementing the Axsis System, ATS may conduct an analysis of each Approach being
considered for a Camera System. The CITY will be provided a report on violations estimated at
each approach. For any approach recommended by the CITY, ATS may install a Camera
System. However, ATS may elect not to install a Camera System where traffic violation data
does not support installation of the Camera System. ATS makes no representations or
warranties that any violation rate estimates will be predictive of actual future traffic violation
rates.
6. COMMUNICATION OF INFORMATION.
ATS agrees that all information obtained by ATS through operation of the Camera System shall
be made available to the CITY at any time during ATS's normal working hours. However, such
information does not include trade secrets and other confidential or proprietary information not
reasonably necessary for the prosecution of citations or the fulfillment of CITY's obligation under
this Agreement.
7. CONFIDENTIAL INFORMATION.
No information given by ATS to CITY will be of a confidential nature, unless specifically
designated in writing as proprietary and confidential by ATS. Provided however, nothing in this
paragraph shall be construed contrary to the terms and provisions of any "Open Records Act" or
similar laws, insofar as they may be applicable.
8. OWNERSHIP OF SYSTEM.
It is understood by the CITY that the System being installed by ATS is, and shall remain, the
sole property of ATS, unless separately procured from ATS through a lease or purchase
transaction. The System is being provided to CITY only under the terms and for the term of this
10 Agreement.
9. INDEMNITY; LIABILITY.
VENDOR agrees to and shall indemnify and hold the CITY, its elected officials,
employees, agents or representatives, free and harmless from all claims, actions, damages and
liabilities of any kind and nature arising from bodily injury, including death, or property damage,
based or asserted upon any actual negligent act or omission of VENDOR, its employees,
agents, or subcontractors, relating to or in any way connected with the accomplishment of the
work or performance of services under this Agreement, unless the bodily injury or property
damage was actually caused by the sole negligence of the CITY, its elected officials,
employees, agents or representatives. As part of the foregoing indemnity, VENDOR agrees to
protect and defend at its own expense, including attorney's fees, the CITY, its elected officials,
employees, agents or representatives from any and all legal actions based upon such actual
negligent acts or omissions. VENDOR hereby waives any and all rights to any types of express
or implied indemnity against the CITY, its elected officials, employees, agents or
representatives, with respect to third party claims against the Vendor relating to or in any way
connected with the accomplishment of the work or performance of services under this
Agreement.
In no event shall VENDOR be liable for any damages relating to CITY's failure to perform
its responsibilities or for loss of use, revenue or profits, or for any incidental or consequential
damages, even if VENDOR has been advised of the possibility of such damages. If it is determined
that a limitation of liability or a remedy contained herein fails of its essential purpose, then the
parties agree that the exclusion of incidental and/or consequential damages is still effective.
a
10. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior
to undertaking any work under this Agreement. CITY shall be set forth as an additional named
insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished
to the CITY shall require the insurer to notify CITY in accordance with language in the insurance
policy prior to any change in or termination of the policy. VENDOR shall forthwith obtain
substitute insurance in the event of a cancellation.
11. LIMITED LIABILITY.
Notwithstanding anything to the contrary in this Agreement, neither Party shall be liable
to the other, by reason of an representation or express or implied warranty, condition or other
term or any duty at common or civil law, for any indirect, incidental, special, lost profits or
consequential damages, however caused and on any theory of liability, arising out of or relating
to this Agreement.
12. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
13. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
14. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the San Bernardino Municipal Code, and any other licenses,
permits, qualifications, insurance, and approval of whatever nature that are legally required of
VENDOR to practice its business or profession, however CITY agrees to not charge ATS for
any permit fees.
15. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: TO THE VENDOR:
Raymond King, Lieutenant Chief Operating Officer
San Bernardino Police Department American Traffic Solutions, Inc.
710 North "D" Street 7681 E. Gray Rd.
San Bernardino, CA 92401 Scottsdale, AZ 85260
Telephone: (909) 384-5742 Telephone: (480) 443-7000
16. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the CITY Attorney and members of his office in
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
17. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber
all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent.
Excepted from this provision is an assignment by VENDOR for the purposes of VENDOR
business financing purposes or sale or merger transaction. No subletting or assignment shall
release VENDOR of VENDOR's obligation to perform all other obligations to be performed by
VENDOR hereunder for the term of this Agreement.
18. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
19. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
20. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
21. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
22. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
24. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are
and shall be deemed cumulative and may be exercised separately or concurrently without
waiver of any other remedies. The failure of either party to act in the event of a breach of this
Agreement by the other shall not be deemed a waiver of such breach or a waiver of future
breaches, unless such waiver shall be in writing and signed by the party against whom
enforcement is sought.
25. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter
of this Agreement, including, but not limited to, the Nestor Agreement dated May 4, 2005. This
Agreement may be modified or amended only by a written instrument executed by all parties to
this Agreement.
i
VENDOR SERVICES S AGREEMENT BETWEEN AMERICAN TRAFFIC SOLUTIONS, INC.
AND THE CITY OF SAN BERNARDINO FOR RED LIGHT CAMERA SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 2011 AMERICAN TRAFFIC SOLUTIONS, INC.
By:
Chief Operating Officer
Dated , 2011 CITY OF SAN BERNARDINO, CALIFORNIA
By:
Approved as to Form: Charles McNeely, CITY Manager
James F. Penman, CI ttorney
By. i st
i
Exhibit A
ATS SCOPE OF WORK
1. AMERICAN TRAFFIC SOLUTIONS (ATS) SCOPE OF WORK
1.2 ATS IMPLEMENTATION
1.2.1 ATS agrees to support a mutually agreed upon number of existing Nestor camera systems, upgrade
a number of mutually agreed upon Nestor camera systems and install a number of mutually agreed upon
new camera systems.
1.2.2 ATS agrees to provide a Camera System solution for new and converted Camera
Systems to the CITY wherein all reasonably necessary elements required to
implement and operate the solution are the responsibility of ATS, except for those
items identified in Section 2 titled "CITY Scope of Work". ATS and the CITY
understand and agree that new or previously unforeseen requirements may, from time
to time, be identified and that the parties shall negotiate in good faith to assign to the
proper party the responsibility and cost for such items. In general, if work is to be
performed by the CITY, unless otherwise specified, the CITY shall not charge
ATS for the cost. All other in-scope work, external to the CITY, is the responsibility
of ATS.
1.2.3 ATS agrees to make every effort to adhere to the Project Time Line agreed upon
between the parties.
1.2.4 ATS will install Camera Systems at a number of intersection approaches to be agreed
upon between ATS and the CITY after completion of site analyses. In addition to
any initial locations, the parties may agree to add to the quantities and locations where
Camera Systems are installed and maintained. The initial agreed upon approaches
are identified in Schedule 1.
1.2.5 ATS will operate each Camera System on a 24-hour basis, barring downtime for
maintenance, normal servicing activities or force majeure as described in Section 18 of
this Agreement.
1.2.6 ATS agrees to provide a secure web site (www.violationinfo.com) accessible to citation
recipients (defendants) by means of a Notice#and a PIN, which will allow violation
image and video viewing. ATS will operate this secure website on a 24-hour basis,
barring downtime for maintenance, normal servicing activities or force majeure as
described in Section 18 of this Agreement.
1.2.7 As ATS deems necessary, technician site visits to each Camera System are typically
scheduled once per quarter(or as otherwise required) to perform preventive
maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and
controller enclosure cleaning; inspection of exposed wires; and general system
inspection and maintenance.
1.2.8 ATS shall make commercially reasonable efforts to repair a non-functional Camera
System within 72 business hours of determination of a malfunction.
1.2.9 ATS shall make commercially reasonable efforts to repair the violation processing
® system within one (1) business day from the time of the outage. Outages of CITY
internet connections or infrastructure are excluded from this service level.
1.3 ATS OPERATIONS
1.3.1 For newly installed approaches not previously installed in San Bernardino, California
law requires a 30-day warning period for each new approach. Upgraded approaches
do not require a new warning period.
1.3.2 ATS shall provide the CITY with an automated web-based citation processing
system including image processing, 1 st notice color printing and mailing of Citation or
Notice of Violation per chargeable event. Each Citation or Notice of Violation shall be
delivered by First Class mail to the registered owner within the statutory period.
Mailings to owners responding to first notices identifying drivers in affidavits of nonliability
or by rental car companies are also included.
1.3.3 ATS shall apply an electronic signature to the citation when authorized to do so by an
approving law enforcement officer.
1.3.4 ATS shall obtain in-state vehicle registration information necessary to issue citations
assuming that it is named as the CITY's agent.
1.3.5 ATS shall seek records from out-of-state vehicle registration databases and apply
records found to Axsis to issue citations for the CITY according to each pricing
option.
1.3.6 ATS maintains an electronic interface with the County Court and will upload citation
data according to the existing interface specifications and requirements.
1.3.7 The violation processing system, which provides the CITY with ability to run and
print any and all standard system reports. Any customized reports or large data files
may be provided to CITY for an additional fee.
1.3.8 If required by the court or prosecutor, ATS shall train CITY law enforcement staff
to be expert witnesses able to testify in Court on matters relating to the accuracy,
technical operations, and effectiveness of the Camera System until judicial notice is
taken. If an ATS expert witness is required during the term of this Agreement,
CITY shall reimburse ATS for all reasonable travel costs incurred for the additional
dates.
1.3.9 In those instances where damage to a Camera System or sensors is caused by the
CITY or its authorized agent(s), CITY shall reimburse ATS for the cost of
repair. ATS shall bear the cost to repair equipment damaged in all other
circumstances.
1.3.10 ATS shall provide a help line to help the CITY resolve any problems encountered
regarding its Red Light Camera System and/or citation processing. The help line shall
function during normal business hours.
1.3.11 As part of its Camera System solution, ATS shall provide violators with the ability to
view violations online and can offer the opportunity to download an affidavit of nonliability
online. Online obtained affidavits, if approved by the court, shall be directed to
and processed by ATS and communicated to the Court via the violation processing
system transfer described above.
® 2. CITY SCOPE OF WORK
2.2 GENERAL IMPLEMENTATION REQUIREMENTS
2.2.1 Within seven (7) business days of contract execution, the CITY shall provide ATS
with the name and contact information for a project manager with authority to
coordinate CITY responsibilities under the Agreement.
2.2.2 The CITY shall make every effort to adhere to the Project Time Line to be agreed
upon between the parties.
2.2.3 The CITY shall direct the Chief of Police or approved alternate to execute the ATS
DMV Subscriber Services Authorization (Schedule 3) to provide verification to the State
Department of Motor Vehicles, National Law Enforcement Telecommunications
System, or appropriate authority indicating that ATS is acting as an Agent of the
CITY for the purposes of accessing vehicle ownership data pursuant to the list of
permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. § 2721,
Section (b) (1) and as may otherwise be provided or required by any provision of
applicable state law.
2.3 STREETS AND TRAFFIC DEPARTMENT OPERATIONS
2.3.1 If the CITY requests ATS to move a Camera System to a new approach after initial
installation, the CITY shall pay for the costs to relocate the System.
2.3.2 CITY will design, fabricate, install and maintain red light camera warning signs. If
CITY cannot provide such signage, ATS will do so and CITY shall reimburse
ATS for such costs.
2.3.3 The CITY shall provide access to traffic signal phase connections according to
approved design.
2.3.4 CITY shall allow ATS to access power from existing power sources at no cost and
shall allow or facilitate access to traffic signal phase connections to a pull box, pole
base, or controller cabinet nearest to each Camera System within the CITY's
jurisdiction. The costs of any additional conduit or power infrastructure needed to
support installation of the Camera System shall be funded by CITY. ATS may
agree to cover these up front costs and recover the costs from the collected revenue in
addition to its normal fees.
2.3.5 The CITY shall not require ATS to provide installation drawings stamped by a
licensed civil engineer. However, ATS work product and drawings shall be overseen
and approved by an ATS PE and such deliverables shall conform to applicable
engineering norms and reflect the details of installation work to be completed.
2.3.6 The CITY shall approve or reject ATS submitted plans within seven (7) business
days of receipt and shall limit iterations to a total of one revision beyond the initially
submitted plans. Total plan approval duration shall not exceed ten (10) business days.
2.3.7 The CITY shall not charge ATS or its subcontractor for building, constructions,
street use and/or pole attachment permits.
MAdft
2.4 POLICE DEPARTMENT OPERATIONS
2.4.1 The Police Department shall process each potential violation in accordance with State
Laws and/or CITY Ordinances within three (3) business days of its appearance in the
Police Review Queue, using AxsisTM to determine which violations will be issued as
Citations or Notices of Violation.
2.4.2 Police Department workstation computer monitors for citation review and approval
should provide a resolution of 1280 x 1024.
2.4.3 For optimal data throughput, Police Department workstations should be connected to a
high-speed internet connection with bandwidth of T-1 or greater.
2.4.4 Police Department shall provide signatures of all authorized police users who will
review events and approve citations on forms provided by ATS.
2.5 COURT OPERATIONS — in California it is understood that the County provides Court services.
ATS will maintain the same interfaces and notices as currently configured.
2.6 INFORMATION TECHNOLOGY DEPARTMENT OPERATIONS
2.6.1 In the event that remote access to the ATS violation processing system is blocked by
CITY network security infrastructure, the CITY's Department of Information
Technology shall coordinate with ATS to facilitate appropriate communications while
maintaining required security measures.
Schedule 1
Camera Site Selections and fees
The CITY agrees to pay ATS the Fee(s) as itemized below. Pricing becomes effective once all new and
upgraded cameras are installed.
Direction Type Camera Location Approach Cross Street Monthly Fee
Street Name
NB Nestor Retained N. Mount Vernon Ave W. 9th St $1,000
NB New Site N.Waterman Ave E. Baseline St $6,595
WB New Site E. Baseline St N.Waterman Ave $6,595
NB Nestor Retained N.Waterman Ave E. Highland Ave $1,000
EB Nestor Retained E. Highland Ave N.Waterman Ave $1,000
WB ATS Upgrade E. Highland Ave N.Waterman Ave $5,015
NB New Site S. Pepper Av. W. Mill St. $6,595
SB New Site S. Pepper Av. W. Mill St. $6,595
WB ATS Upgrade E. Highland Ave Arden Ave $5,015
NB Nestor Retained N.Waterman Ave E. 40th St $1,000
SB Nestor Retained N. Mount Vernon Ave W. 9th St $1,000
EB New Site W. Baseline St. N. Mt. Vernon Ave $6,595
WB New Site W. Baseline St N. Mt. Vernon Ave $6,595
EB ATS Upgrade E. Highland Ave Arden Ave $5,015
SB ATS Upgrade N.Waterman Ave E. Highland Ave $5,015
SB ATS Upgrade N.Waterman Ave E. 30th St $5,015
Schedule 2
DMV Services Subscriber Authorization
I
Agency ORI:
DATE:
Nlets
1918 W. Whispering Wind Dr.
Phoenix, AZ 85085
Attn: Steven E. Correll, Executive Director
Re:Authorization for American Traffic Solutions, Inc. to Perform MVD Inquiry
Dear Mr. Correll:
Please accept this letter of acknowledgement that a Agreement to perform automated enforcement
between San Bernardino Police Department and American Traffic Solutions, Inc. is or will be enacted and
will be or is in force. As a requirement of and in performance of that Agreement between American Traffic
Solutions, Inc., it will be necessary for American Traffic Solutions, Inc. to access Nlets motor vehicle data.
Please accept this letter as authorization from San Bernardino Police Department for American Traffic
Solutions, Inc. to run motor vehicle inquiries. This authorization is and will be in effect for the term of our
Agreement with Nlets and any subsequent renewals.
This authorization will automatically expire upon the termination of the Agreement between San
Bernardino Police Department and American Traffic Solutions, Inc.; and, such authorization is limited to
violations detected by the automated enforcement camera systems. By completing the information below
and signing this letter, I am stating that I am a member of the and
have the authority to empower American Traffic Solutions, Inc. to use ORI: for
this function.
SUBSCRIBER INFORMATION
Subscriber Agency/Name
Nlets Agency ORI
Name/Title of Authorized
Representative
Mailing Address
Telephone Fax
Email
Signature of Authorized
Representative
Date Signed