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HomeMy WebLinkAbout162251 REDFLEX TRAFFIC SYSTEMS - CONTRACT - RFP - P810 TRAFFIC CAMERA SYSTEM (2)SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Redflex Traffic Systems, Inc., hereinafter referred to as "Service Provider". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated within ten (10) days following execution of this Agreement. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Contract Period. This Agreement shall commence January 1, 2002, and shall continue in full force and effect until December 31, 2002, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 4. Delay. If either parry is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. SA 10/01 1 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least thirty (30) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Lt. Gary J. Perman 300 LaPorte Ave. PO Box 580 Fort Collins. CO 80522 Service Provider: Redflex Traffic Systems Inc 15029 N. 70St. Scottsdale AZ 85260 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Contract Sum. The City shall pay Redflex Traffic Systems Inc. for the performance of this Contract, subject to additions and deletions provided herein as set forth in the attached Exhibit B. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service provider. The services to be performed by Redflex Traffic Systems Inc. are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Redflex Traffic Systems' compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into the Agreement based SA 10/01 2 on the special abilities of Redflex Traffic Systems Inc. and that this Agreement shall be considered as an agreement for personal services. Accordingly, Redflex Traffic Systems shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. (a) Redflex Traffic Systems Inc. warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Redflex Traffic Systems Inc. warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Redflex or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Redflex in a manner and at a time acceptable to City. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of thirty (30) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or SA 10/01 equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. Redflex Traffic Systems Inc. agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. Redflex Traffic Systems Inc. shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Redflex's obligations hereunder, Redflex Traffic Systems Inc. shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. Redflex Traffic Systems Inc., before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this SA 10/01 4 Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Proiect Plans. Project plans regarding the digital upgrade to the photo radar speed van is set forth in Exhibit D. Project plans regarding the digital upgrade to the red light cameras are set forth in Exhibit E, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO A municipal corporation � n, n By: 1. John . Fischbach City Mana er ,� n By. Ja es . O'Neil II, PO, FNIGP Di ct of Purchasing and Risk Management A1lTEST: Date: aw City Clerk APPRO�NORM: Assists City ttorney� Redflex Traffic Systems, Inc. rz CORPORATE PRESIDENT OR VICE PRESIDENT Date: /�13 EST: (Corporate Seal) CORPORATE SE R TARY SA 10/01 EXHIBIT A SCOPE OF SERVICES Redflex Traffic Systems, Inc. agrees to provide the City with the following: Equipment: 1. One mobile speed camera unit, to include a new model year vehicle, all camera and radar equipment required to photograph the front and rear views of speed law violators. Speed camera vehicles will be equipped with standard police emergency and safety equipment including, a police radio, red and blue lights and a siren. Such lights and siren will be mounted internally in the vehicle. New and or additional vehicles or system equipment shall be provided at mutually agreed terms. 2. All repairs to the vehicle and any equipment furnished by Redflex, except gasoline, oil changes, and regular maintenance of the vehicle. 3. Two digital red light camera systems at the existing intersection of College/Drake. A red light camera system shall include cameras, enclosures, flashes, poles and camera housings for both front and rear photography of violators. 4. All necessary hardware which shall include but is not limited to a stand alone computer system including two (2) stations and a laser printer and software needed by the Municipal Court to process and track citations in a reasonable manner, including a means to import and export the citation database to and from Redflex. The stand alone computer system shall also be networked with at least six other personal computers. Redflex shall pay all costs related to new hardware and software and all upgrades necessary to process the citations or citation information. This equipment will be connected to the city's network, which is Novell and will meet mutually acceptable city specifications. 5. Maintain and staff an office in the City of Fort Collins. 6. Redflex will use its best efforts to cause the stationary red light cameras to operate on a 24-hour basis. Citation System: 1. An automated citation processing program including image processing, mailing of citations, delinquency notices, printing and mailing costs, and other associated costs and expenses: the program shall be conducted in a timely manner to comply with any applicable court rules or laws for filing of citations. 2. Redflex will provide a photograph/image when requested by a violator for a fee when the photograph/image is in addition to the one photograph/image required by law to be mailed with the first citation. 3. One image with the related documentation for each citation issued. Passengers in the imaged vehicle shall be obscured; only the driver shall be recognizable. The image will show the: a. Motor vehicle during the violation b. Driver's face c. Front and/or rear license plate on the vehicle d. Scene of the location where the violation occurred SA 10/01 e. Data line to include: day, month, and year of violation, time of the violation (hh.mm.ss), speed of the vehicle in miles per hour, posted speed, direction of the violating vehicle, officer identification code, location code. 4. Vehicle registration information necessary to issue citations. Reporting: 1. Redflex will submit to the City a monthly report of speed camera/red light results within fifteen business days of the end of the calendar month. This report shall be sent to: Lt. Gary J. Perman, Fort Collins Police Service 300 Laporte Ave, PO Box 580 Fort Collins, CO 80522-0580 This report will include: a. Total number of violation images b. Total number of actionable violation images c. Total number of citations mailed d. Deployment statistics by location e. Deployment statistics by officer 2. Redflex will provide information to the Municipal Court and prepare personal service packages for the citations that are 25 mph or more in excess of the posted speed limit that have points attached. 3. Any other reports and documents as are mutually agreed upon. Training: 1. Reasonable and necessary training for persons who will be involved in the operation of the units, court personnel and/or any other person(s) designated by the City. Support: 1. Expert witnesses as necessary to establish judicial notice, i.e. the accuracy, technical operations, and effectiveness of the camera radar and red lights for any contested citations and as required to establish judicial notice by subsequently appointed court judges involved in the adjudication of photo enforcement citations. If the costs associated with establishing judicial notice become excessive, the City agrees to share in the cost on a mutually agreed basis. 2. Redflex will administer the process of personal service of ignored citations to the violators. 3. Redflex will provide technical support available by telephone to the Fort Collins Municipal Court personnel during normal business hours. Maintenance: 1. Purchase and provide the City with required equipment including piezos, cable, inner enclosures, cameras, flashes and red light poles. SA 10/01 2. Clean camera equipment 3. Monitor piezos and loop detectors to make sure they are working properly; notify the City's Traffic Operations unit of any malfunctions when the sensors need to be replaced. 4. Repair any wiring problems in the base of the pole City of Fort Collins, Colorado agrees to: 1. Make reasonable efforts to prosecute each actionable citation and to defend any challenge to the use of camera radar in any court of competent jurisdiction. 2. Provide customary court facilities for disputed citations. 3. Restrict the use of any vehicle provided by Redflex to speed enforcement only. 4. Provide the operator of the mobile speed camera radar unit. 5. Provide a clerk at the Municipal Court to handle the administration of the citations with the public. 6. Pay Redflex the costs associated with the personal service. 7. Install piezos and loop detectors, maintain the piezos and loop detectors, reseal the piezos as needed, maintain and repair the traffic signals red phase indicator, splice or reconnect the piezo cable with the red light pole, maintain power to the red light poles, and maintain and repair the connection between the red light system and the traffic signals. 8. Provide the basic maintenance to the mobile speed camera unit including oil changes, gasoline and routine maintenance. 9. Provide and install the Police radio for the mobile speed camera unit. 10. Be responsible for all construction costs for installations at any red light camera intersections. This shall include: a. Access to existing City conduit and j-boxes. If the conduit capacity is full and will not allow the installation of Redflex conductors, the City will install new conduit for the program use b. DSL/Cable high speed communications to the Redflex control cabinet c. Underground utility location service for Redflex conduits, loops, etc. after final commissioning d. Attachment of flash enclosure to existing traffic signal poles and mast arms e. Turn around of City reviewed Redflex drawings not to exceed ten calendar days from the date of submittal f. 120 volt electric service 11. Send conviction information for citations that are 25 mph or more in excess of the posted speed limit to the Colorado State Department of Motor Vehicles (DMV). SA 10/01