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HomeMy WebLinkAboutAddenda - RFP - P810 TRAFFIC CAMERA SYSTEMFIRST ADDENDUM TO THE CITY/REDFLEX AGREEMENT THIS ADDENDUM is made and entered into this _ day of February, 2002, by and between REDFLEX TRFFIC SYSTEMS, INC., an Arizona corporation duly registered under the laws of the State of Arizona with its principal place of business at 15029 N. 74a' St., Scottsdale, Arizona, hereinafter referred to as "Service Provider" and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, whose principal offices are at 300 LaPorte Ave., Fort Collins, Colorado, hereinafter referred to as "the City". WITNESSETH: WHEREAS, Service Provider and the City have previously entered into that certain Agreement dated February 6, 2002 (hereinafter referred to as "the Agreement"); and WHEREAS, in the case City of Commerce City v. State of Colorado, the Colorado Supreme Court on February 11, 2002 ruled that the provisions of Colo. Rev. Stat. 42-4-110.5 (2001) concerning the use of camera radar and red light camera systems are not superseded by the City's ordinances or Charter; and WHEREAS, the City has voluntarily been complying with the provisions of 42-4-110.5 C.R.S. since it was first enacted; and WHEREAS, the parties wish to ensure that the language of the Agreement and duties imposed by the Agreement clearly reflect the parties' intent to comply with 42-4-110.5 C.R.S.; and WHEREAS, the parties therefore desire to amend the Agreement as necessary to clarify what portion of payments made by the City to Service Provider is for "Equipment" and what portion is for "Services", what items shall constitute "Equipment" for purposes of the Agreement, and that Service Provider shall provide personal service of ignored citations in a timely manner to comply with applicable law. NOW, THEREFORE, in consideration of mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree to amend the terms and conditions of the Agreement as follows: 1. Section 1. of the Agreement shall be amended as follows: Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A-1, consisting of five pages and incorporated herein by this reference. 2. Section 6. of the Agreement shall be amended as follows: Contract Sum. The City shall pay Service Provider for the performance of this Agreement, subject to additions and deletions provided herein as set forth in Exhibit B-1, attached hereto and incorporated herein by reference. The compensation paid by the City to Service Provider for equipment shall be based on the value of such equipment. Exhibit A and Exhibit B are deleted in their entirety and replaced with Exhibits A-1 and B-1 respectively, attached hereto. 4. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect, except as expressly provided in this First Addendum. IN WITNESS WHEREOF, the parties hereto have caused this First Addendum to the City/Redflex Agreement to be executed as of the day and year first above written. TTEST City Clerk APPROVED AS TO FORM: 1 � Assistant City Attorney CITY OF FORT COLLINS, COLORADO A municipal corporation � f By: I'ILD..4 John F. Vschbach City Manager By: A J e B. O'Neill II, CPPO, FNIGP Di for of Purchasing and Risk Management Redfl x Traffic Systems, Inc. By: Karen Finley Corporate Vice President EXHIBIT A -1 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. Two digital red light camera systems at the existing intersection of College/Drake. A red light camera system shall include piezos, cameras, enclosures, flashes, cable, poles and camera housings for both front and rear photography of violators. 3. 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. 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 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. 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, in a timely manner to comply with any applicable court rules or laws. 3. Redflex will provide technical support available by telephone to the Fort Collins Municipal Court personnel during normal business hours. 4. Maintain and staff an office in the City of Fort Collins. Maintenance: 1. Clean camera equipment 2. 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. 3. Repair any wiring problems in the base of the pole 4. Redflex will use its best efforts to cause the stationary red light cameras to operate on a 24-hour basis. 5. All repairs to the vehicle and any equipment furnished by Redflex, except gasoline, oil changes, and regular maintenance of the vehicle. City of Fort Collins, Colorado agrees to: 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. DSUCable 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). Both parties agree to the following Confidentiality obligations: City and Redflex acknowledge that in the course of performance of their respective obligations, each party may obtain confidential and /or proprietary information of the other party or its affiliates or customers. "Confidential Information" includes: information relating to development plans, costs, finances, marketing plans, equipment configurations, data, access or security codes or procedures utilized or acquired, business opportunities, names of customers, research and development, the non-public terms and conditions of this contract; any information designated as confidential in writing or identified as Confidential at the time of disclosure if such disclosure is verbal or visual. The parties hereby agree that all Confidential Information communicated to it by the other parry, its affiliates, or customers, whether before or after the Effective Date, shall be and was received in strict confidence, shall be used only for the purposes of this Contract, and shall not be disclosed by such party, its agents or employees without the prior written consent of the other party, except as may be necessary by reason of legal, accounting, or regulatory requirements beyond the reasonable control of the disclosing party, including the provisions of the Colorado Open Records Act. Confidential Information shall not be deemed to include information that is: 1. publicly known or becomes known through no unauthorized act of the recipient party, or 2. is rightly received from a third party without an obligation of confidentiality City agrees to make best reasonable efforts to protect Redflex proprietary and/or confidential information from disclosure to third parties. In the event of requests for such information by third parties, City shall notify Redflex of any such requests or demands prior to the release of such information, and shall provide Redflex with the reasonable opportunity to defend against such release. The parties acknowledge that nothing in this agreement precludes or relieves the City from meeting its obligations under the Open Records Act, including statutory deadlines for responding to requests for information. Redflex agrees to observe all applicable legal requirements relating to the protection of privacy issues. EXHIBIT B - 1 CONTRACT PRICING The City shall pay a fixed monthly fee as follows Equipment: $5,840.00 Services: $30,660. The City agrees to pay Redflex within thirty (30) days after the date on the invoice. A monthly fee of 1.5% is payable for payments pas due sixty (60) days. The City shall pay Redflex Traffic Systems Inc. each month for the costs of a process server for the personal service of the citations. Redflex will invoice the City each month with these costs. Additional red light camera systems if required by the City shall incur an additional fee of $6,000.00 per month, per system.