HomeMy WebLinkAbout162251 REDFLEX TRAFFIC SYSTEMS - CONTRACT - 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(2001) concerning the use of camera radar and red light camera systems are not superseded by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:
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
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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. Bindinq 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
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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. Project 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
By: t .
John . Fischbach
City Managerrt L By. A
Ja es . O'Neil II, PPO, FNIGP
Di ct of Purchasing and Risk Management
Date:
A EST:
City. Clerk
AfPPROVe.. ORM:
Assistan City Attorney
T EST:
CORPORATE SE YTARY
Redflex Traffic Systems, Inc.
By:
PRINT NAME J
-c
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
(Corporate Seal)
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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
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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.
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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. 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).
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Sent.by: REOFLEX TRAFFIC SYSTEMS I' 480 607 0752; 01/31/02 :23; ]etFa&c #835;Page 1/1
Recatwed: 1/31102 13.29; 070 2210707 -r REDFLFMX TRAFYI4 ByWru 3 :gNe; Pawn 1
JAN-31-02 THU 02:24 Ph CITY/FT COLLINS, PURCHAS FAX NO. 970 2216707 P.01/01
I I . Send conviction ihfomwWn for citations that are 25 mph or more in excess of the
Posted speed limit to the Colorado State Department of Motor Vehicles (DW,
Both parties agree to the following Confidentiality obligations:
City and Redtlex acknowledge that in the course of performance of their respective
obligations. each party may obtain confidential and /or proprietrry information of the other
Party or its .affiliates or cxsstamers_ 'Confidential Information" Includes: information mating
to development plans, costs, finances, marketing plans, equipment configuratlans, data,
access or security codes or procedures utilized or acquired, business opportunities, names
Of customers, research and deveiopment, the non-publio term 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 verfaal or visual. The parties hereby agree that
all Confidential Information oommtunioated to 4 by the other party, it$ affii'latwes, or cusborrrers.
whether before or after the. Effective pate, shall be and was received in atria confldenae,
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, axes 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 bast rerasorrable efforts to probecit RedAex proprietary and/or confWMIW
information from disclosure to third parties. In the event of requests for such inforttetlort by `
third Parties. City shall notify Redflsx 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 obrVatlone under the Open Records Act, including
statutory deadlines for responding to requests for information.
RWRex agrees to observe all applicable legal requiretments relating to the protection of
Privacy issues.
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EXHIBIT B
CONTRACT PRICING
The City shall pay a fixed monthly fee of thirty six thousand five hundred dollars ($36,500) for all
equipment and services agreed upon in this agreement. 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.
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EXHIBIT C
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service
Provider shall furnish the City with certificates of insurance showing the type, amount, class of
operations covered, effective dates and date of expiration of policies, and containing substantially the
following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten
(10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take
out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper
and may deduct the cost of such insurance from any monies which may be due or become due the
Service Provider under this Agreement. The City, its officers, agents and employees shall be named as
additional insurers on the Service Provider's general liability and automobile liability insurance policies
for any claims arising out of work performed under this Agreement.
2. Insurance coverage shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life
of this Agreement for all of the Service Provider's employees engaged in work performed under this
agreement:
Workers' Compensation insurance with statutory limits as required by Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of
this Agreement such commercial general liability and automobile liability insurance as will provide
coverage for damage claims of personal injury, including accidental death, as well as for claims
for property damage, which may arise directly or indirectly from the performance of work under
this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000
combined single limits for bodily injury and property damage.
In the event a subcontractor performs any work, the Service Provider shall be responsible for any
liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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Exhibit D
Fort Collins-Redflex Digital Von Upgrade
Project Plan
ID
Task Name
Duration
Start
Finish
Resource Initials
1
Fort Collins Digital Speed Van Upgrade
132 days
Wed Jan 2,'02
Thu Jul 4,'02
2
Contract Signed with City
0 days
Wed Jan 2, '02
Wed Jan 2, '02
City PM
3
Prepare for Kick-off Meeting
15 days
Thu Jan 3, '02
Wed Jan 23,'02
4
RTS Requirements Analysis Meeting
1 day
Thu Jan 3, '02
Thu Jan 3,'02
EM,JB,BH,DP
5
Prepare Requirement Analysis
14 days
Fri Jan 4,'02
Wed Jan 23,'02
EM,JB
6
Kick-off Meeting
2 days
Thu Jan 24,'02
Fri Jan 25,'02
KM,EM,JB
7
Present Overview of RTS process
1 day
Thu Jan 24,'02
Thu Jan 24,'02
KM,EM
8
Submit questions to all relevent city personnel
1 day
Thu Jan 24, '02
Phu Jan 24, '02
EM,JB,KM
9
Meet with Comms Personnel
1 day
Fri Jan 25, '02
Fri Jan 25, '02
EM,JB
10
Meet with Construction Companies
--1-day
Fri Jan 25, '02
Fri Jan 25,'02
CB
11
Software Development (Court System Db)
114 days
Mon Jan 28,'02
Thu Jul 4,'02
12
Complete SMARTCourt Functional Specifications
10 days
On Jan 28, '02
Fri Feb 8,'02
SOG,EM,CH
13
SMARTCourt database developed
eo days
Mon Feb 11,'02
Ffl May 31,'02
SDG
14
SMARTCourt database tested
10 days
Mon Jun 3, '02
Fri Jun 44, '02
SDG
15
Court Interface developed (SMARTVan to SMARTCourt)
7 days
Mon Jun 17,'02
Tue Jun 25,'02
SDG
16
Court Interface tested (SMARTVan to SMARTCourt)
7 days
Wed Jun 26, '02
Thu Jul 4, '02
SDG,Court IT,DP
17
Software Development (SMARTVan)
69 days
Mon Jan 28,'02
Thu May 2,'02
18
Complete SMARTVan Functional Specifications
10 days
IVIOn Jan 28,'02
Fri Feb 8,'02
SDG,EM,CH
19
SMARTVan Software developed
30 days
Mon Feb 11, '02
Fri Mar 22, '02
SDG
20
SMARTVan Software tested
10 days
Fri Apr 19, '02
Thu May 2, '02
SDG
21
RTS AU Production
60 days
Mon Jan 28,'02
Fri Apr 99,'02-
22
Order Equipment (radar, metalwork, touchscreen)
5 days
Mon Jan 28, '02
Fri Feb 1,'02
EM
23
AU Production
8 wks
on Feb 4, '02
Fri Mar 29, '02
AU production
24
Shipping, Customs AU to US
3 wks
Mon Apr 1, '02
Fri Apr 19, '02
AU production,SS
25
Order US Equipment (Manufacturer production time)
35 days
Mon Jan 28,'02
Fri Mar 15,'02
26
Order US built equipment
5 days
Mon Jan 28, '02
Fri Feb 1, '02
EM
27
Manufacturer production (batteries, chargers, metalwork)
6 wks
Mon Feb 4,'02
Fri Mar 55,'02
28
Prepare Documents for Signoff Meeting
ao days
Uon Jan 28,'02
Fri Mar 22,'02
29
Complete Requirements Analysis
40 days
Mon Jan 28, '02
Fri Mar 22, '02
EM,JB,CH,KM
30
Prepare Court Interface Specifications
40 days
On Jan 28, '02
Fri Mar 22,'02
SDG
31
Prepare SMARTVan Functional Specifications
40 days
Mon Jan 28, '02
Fri Mar 22, '02
SDG
32
Prepare Public Awareness Strategy
40 days
Mon Jan 28, '02
Fri Mar 22, '02
33
City Sign Off Meeting
-1day
Mon Mar 25,'02
Mon Mar 25,'02
34
Sign Requirements Analysis and anxillary forms
1 day
ROn Mar 25, '02
IVIon Mar 25,'02
City PM,KM
35
Sign Court Interface Specifications Document
1 day
Mon Mar 25, '02
Mon Mar 25,'02
Court IT,City PM
36
Sign Public Awareness Strategy
1 day
Mon Mar 25, '02
Mon Mar 25,'02
City PM
37
Sign Drawings
1 day
Mon Mar 25, '02
Mon Mar 25, '02
City Eng,CB
38
Obtain Police account information for WebOps
1 day
On Mar 25, '02
Mon Mar 25,'02
EM, JB,PD,Court Mngr,K
39
Prepare Awareness Material
to days
Tue Mar 66,'02
10fon Apr 8,'02
MO
40
Software Development (SMARTops)
50days
Tue Mar 26,'02
Mon Jun 3,'02
41
Complete SMARTops Functional Specifications
10 days
Tue Mar 26,'02
Mon Apr 8, '02
SDG
42
SMARTops Software developed
30 days
Tue Apr 9, '02
Mon May 20, '02
SDG
43
SMARTops Software tested
V6days
Tue May 21,'02
Mon Jun 3,'oz
SDG
44
Public Awareness campaign
60 days
Tue Apr 9, '02
Mon Jul -1, '02
MO,City PM
45
Van Installation
29 days
Mon Apr 22,'02
Thu May 30,'02
46
Redflex Hardware Installation in AZ
10 days
Mon Apr 22, '02
Fri May 3,'02
Techs
Page 1 Fri Jan 11,'02
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.
3. Exhibit A and Exhibit Bare 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.
ATTEST -
City Clerk'
APPROVED AS TO FORM:
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
A municipal corporation � A
By: � D =F • Y ,L
John F. Wschbach
City Manager
By: o
Jajne$ B. O'Neill 11, CPPO, FNIGP
Di for of Purchasing and Risk Management
Redfl x Traffic Systems, Inc.
By:
Karen Finley
Corporate Vice President
2
Exhibit D
Fort Collins-Redflex Digital Van Upgrade
Project Plan
ID
Task Name
Duration
Start
Finish
Resource Initials
47
Redflex SMARTVan Software Installation
2 days
Mon May 6,'02
Tue May 7,'02
MP,Techs
48
Setup Van in SMARTVan, importer, camera checks
1 day
Wed May 8, 02
Wed May 8,'02
DP,CC,TP,EM
49
Testing
14 days
Thu May 9, '02
Tue May 28, '02
50
Deliver Van to Fort Collins
2 days
lNed May 29,'02
Thu May 30,'02
51
Training for Police and Court Personnel and Van operators
2 days
Fri May 31, '02
Mon Jun 3,'02
EM,JB
52
Cameras Live, Issue first Citation
0 days
Mon Jun 3, '02
Mon Jun 3, '02
Redflex Operations
Page
Fri Jan 11,'02
Exhibit E
Fort Collins-Redflex Digital Intersection Upgrade
Project Plan
ID
Task Name
Duration
Start
Finish
Resource Initials
1
Fort Collins Digital Intersection Upgrade
134 days
Wed Jan 2,'02
Mon Jul 8, '02
2
Contract Signed with City
0 days
Wed Jan 2, '02
Wed Jan 2, '02
City PM
3
Prepare for Kick-off Meeting
15 days
Thu Jan 3, '02
Wed Jan 23,'02
4
RTS Requirements Analysis Meeting
1 day
Thu Jan 3, '02
Thu Jan 3, '02
EM,JB,BH,DP
5
Prepare Requirement Analysis
14 days
Fri Jan 4, '02
VVed Jan 23, '02
EM,JB
6
Kick-off Meeting
2 days
Thu Jan 24,'02
Fri Jan 25, '02
KM,EM,JB
7
Present Overview of RTS process
1 day
Thu Jan 24, '02
Thu Jan 24, '02
KM
8
Submit questions to all relevent city personnel
1 day
Thu Jan 24, '02
Thu Jan 24, '02
EM,JB,KM
9
Meet with Comms Personnel
1 day
FJan 25, '02
Fri Jan 25, '02
EM,JB,KM
10
Meet with Construction Companies
1 day
Fri Jan 25, '02
Fri Jan 25, '02
CB
11
Software Development (Court System Db)
114 days
Mon Jan 28,'02
Thu Jul 4, '02
12
Complete SMARTCourt Functional Specifications
10 days
Mon Jan 28, '02
Fri Feb 8, '02
SDG,EM
13
SMARTCourt database developed
80 days
Mon Feb 11, '02
Fri May 31, '02
SDG
14
SMARTCourt database tested
10 days
MOn Jun 3, '02
Fri Jun 44, '02
SDG
15
Court Intertace developed (SMARTops to SMARTCourt)
7 days
Mon Jun 17, '02
Tue Jun 25, '02
SDG
16
Court Intertace tested (SMARTops to SMARTCourt)
7 days
Wed Jun 26, '02
Thu Jul 4, '02
SDG,Court IT,DP
17
RTS AU Production
60 days
Mon Jan 28,'02
Fri Apr 99,'02
18
Order Equipment
5 days
Mon Jan 28, '02
Fri Feb 1, '02
EM
19
AU Production
8 wks
Mon Feb 4, '02
Fri Mar 29, '02
AU production
20
Shipping, Customs AU to US
3 wks
Mon Apr 1, '02
Fri Apr 19, '02
AU production,SS
21
Prepare Drawings
42 days
Wed Jan 2,'02
Thu Feb 28, '02
22
Receive Electronic Drawings From City
14 days
Wed Jan 2, '02
Mon Jan 21, '02
CB,JB
23
Site Survey
-5days
Tue Jan 22, '02
Mon Jan 28, '02
CB
24
Locate Communications point
14 days
Tue Jan 22, '02
Pin Feb 8, '02
EM,TelCo
25
Redline Ciry Drawing
14 days
Tue Jan 22, '02
Fri Feb 8, '02
CB,JB,draftsman
26
Draftsman prepares RTS drawing
7 days
Mon Feb 11, '02
Tue Feb 19, '02
draftsman
27
Obtaining Engineer's Stamp on RTS tlrawing
7 days
Wed Feb 20,'02
Thu Feb 28, '02
CB,Certifled Engineer
28
Order US Equipment (Manufacturer production time)
35 days
Mon Jan 28, '02
Fri Mar 55, '02
29
Order US built equipment
-5days
Mom Jan 28, '02
Fri Feb 1, '02
EM
30
Manufacturer production (loops and Cabinets)
6 wks
Mon Feb 4,'02
Fri Mar 55,'02
31
Prepare Documents for S'ignoff Meeting
40 days
Mon Jan 28,'02
Fri Mar 22, T2
32
Complete Requirements Analysis
40 days
Mon Jan 28, '02
Fri Mar 22,'02
EM,JB,KM,CH
33
Prepare Court Intertace Specifications
40 days
Mon Jan 28, '02
Fri Mar 22, '02
SDG
34
Prepare SMARTops Functional Specifcations
40 days
Mon Jan 28, '02
Fri Mar 22, '02
SDG
35
Prepare Public Awareness Strategy
40 days
Mon Jan 88, '02
Fri Mar 22, '02
36
City Sign Off Meeting
-1day
Mon Mar 25,'02
NVIon Mar 25, '02
37
Sign Requirements Analysis and ancillary forms
1 day
Mon Mar 25, '02
IVIon Mar 25, '02
City PM,KM
38
Sign Court Interface Specifications Document
1 day
Mon Mar 25, '02
On Mar 25 '02
Court IT,City PM
39
Sign Public Awareness Strategy
1 day
Mon Mar 25, '02
Mon Mar 25, '02
City PM
40
Sign Drawings
1 day
On Mar 25, '02
On Mar 25, '02
City Eng,CB
41
Obtain Police account information for WebOps
1 day
On Mar 25, '02
Mon Mar 25,'02
EM,JB,PD,KM,Court Mngr
42
Prepare Awareness Material
10 days
Tue Mar 26,'02
Mon Apr 8,'02
MO
43
Software Development (SMARTops)
28 days
Tue Mar 26, '02
Thu May 2,'02
44
Complete SMARTops Functional Specifications
10 days
Tue Mar 26, '02
Mon Apr B, '02
SDG
45
SMARTops Software developed
3-days
Tue Apr 9, '02
Thu Apr 11,'02
SDG
46
SMARTops Software tested
10 days
Fri Apr 19, '02
Thu May 2, '02
SDG
Page 1 Fri Jan 11, '02
Exhibit E
Fort Collins-Redflex Digital Intersection Upgrade
Project Plan
ID
Task Name
Duration
Start
Finish
Resource Initials
47
Public Awareness campaign
60 days
Tue Apr 9,'02
Mon Jul 1,'02
MO,City PM
48
City Construction at Intersections
51 days
Tue Mar 26,'02
Tue Jun 4,'02
49
City Prepares Sub Contractor Schedules and Bid documents
5 days
Tue Mar 26, '02
Mon Apr 1, '02
Fort Collins
50
_61
City Pre Bid meeting with many Sub Contractors
1 day
Tue Apr 2, '02
Tue Apr 2, '02
Sub Contractor
Sub Contractor Bids on City Construction
10 days
Wed Apr 3, '02
Tue Apr 16, '02
Sub Contractor
52
City Awards Sub -Contract
-3days
Wed Apr 17, '02
Fri Apr 19, '02
Fort Collins
53
Pre Construction Meeting
1 day
on Apr 22, '02
Mon Apr 22. '02
Sub Contractor,CB,Fort Colli
54
Ship RTS equipment to Sub contractor
1 day
Mon Apr 22, '02
Mon Apr 22, '02
EM,Techs
55
Construction
30 days
Tue Apr 23, '02
Mon Jun 3, '02
Sub Contractor
56
Communications Company runs comms line
14 days
Mon May 6, '02
Thu May 23, '02
TelCO,EM
57
Post Construction Check
1 day
Tue Jun 4, '02
Tue Jun 4, '02
TP
58
Prepare for Camera Installation
7 days
Won May 13, '02
Tue May 21, '02
59
Program Cameras and equipment for installation
5 days
Mon May 13, '02
Fri May 17, '02
Techs
60
Ship Installation equipment
2 days
Mon May 20, '02
Tue May 21,'02
Techs
61
Camera Installation
10 days
Wed Jun 5,'02
Tue Jun 88,'02
62
Redflex Camera Installation
10 days
Wed Jun 5, '02
Tue Jun 18,'02
Techs
63
Establish Communications with intersection
2 days
Wed Jun 5, '02
Thu 0
MP,Techs
64
Setup Intersection in SMARTops, importer, camera checks
1 day
Wed Jun 5, '02
Wed Jun 5, '02
DP,CC,TP,EM
65
Training for Police and Court Personnel
2 days
Thu Jun 6,'02
Fri Jun 7,'02
EM,JB,KM
66
Cameras Live, Issue first Citation
0 days
On Jul 8, '02
Mon Jul 8, '02
Redflex Operations
Page 2
Fri Jan 11,'02
Received: 1/23/02 10:22; 510 832 5054 -> REDFLEX TRAFFIC SYSTEMS INC; Page 2
;ant by: CRIST ELLIOTT MACHETTE & TAILOR 510 832 5054; 01/23/0;-- 10:57; JetFu 034;Page 2/4
CERTIFICATE OF LIABILITY INSURANCE sit LR1 °"01/2310','
RTWs CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
:rist Hlliott Nachette &Taylor ONLY AND CONFERS NO RIGHTS UPON THE 4ERTIFICATE
.&cause IFOH1722i HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
,Le Graced D17224 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Avenue
)akland CA 94612 INSURERS AFFORDING COVERAGE
Phone.510-sae-s000 r"II510-032-50S4
NBURED INSURER A:_ General Accident insurance _..._
INSURER B: State CoMeneation Fund
f ex Traffic By t Inc. INSURER C:
gget 1lSs t p#INSURER__ _...._— — ...._.
San F aaciscorCAt9A10 n _—.
INSURER E:
YHE POLICIES OF INSURANCE LLSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITIISTANOING
ANY REOUVAEMENT, TERM OR CONDITION OF ANY OONTRACY OR OTHER DOCUMENT
WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS.
—TYPE OF INSURANCE POLICY NUMBER
pA N� LINTS
EACH OCCURRENCE
S 1,000,000
GENERAL UASILJTY
A X�CO►MAERCIALGENERALLIABILITY QAR710794
02/06/01 02/06/02 FIRE DAMAGE (AAVo fire)
S100,000 _
�� CLAIMS MADE ® OCCUR
MEO EXP (A)y ens Denson)
S S�Q 0.0
PERSONAL SADVINJURY _
5 1,000,000 _
GENERAL AGGREGATE
52,000,000
L AGGREGATE LIMIT APPLIES PER:
kX
PRODUCTS • COMP/OP AGO
S2 000.0 D 0
POLICY FM F7Loc
Z= son i
11000,000
AUTOMOBILE
UABILITY
COMBINED SINGLE LIMIT
S1,000,000
A
ANY AUTO
FAAX62096
02/06/01
02/06/02
(EA AAxidN l)
=
ALL OWNED AUTOS
BODILY INJURY
(Pe( Pain)
$
-
SCHEDULED AUTOS
—--
HIRED AUTOS
BODILY INJURY
(PO(aecldenq
)
NON-OwNED AUTOS
.... .
...
TY
S
(PAraw IIDAMAGE
- -
AUTO ONLY - EA ACCIDENT
8
GARAGE LIABILITY
FA
OTHER THAN J
S
ANY
ANY AUTO
—
AUTO ONLY: AGG
S
EXCESS LIABILITY
EACH OCCURRENCE
$ 1,000,000
AGGREGATE
s 1, GOO, 000
A
X1 OCCUR CLAIMS MADE
CJMW40311
02/06/01
02/06/02
DEDUCTIBLE-
X RETENTION $10 , 000
wORKMRS COMPENSATION AND
-
X OR LILAITS P-,-
El EACH ACCIDENT
8 EMPLOYERS'LJABIUTY
167341800
02/06/01
02/06/02
$ 1000000 _
E.I. DfS6ASS-EAFMPLOYEQ
S 1.000000 _
E.L. DISEASE -POLICY LIMIT
i
5L000OOO
-7
OESCItl OF OPERA ATI)NBIVEIMCI NS ADWO BY INDORWMIENTISPBC" PROVISIONS
Certificate holder, its officers, agents and employees are additional
insured as respects claims arising out for
work performed under agreemeat
for General Liability. Certificate holder,
at al are insured as respects
auto liability per attached policy wording.
CERTIFICATE HOLDER IV
I AWmoNALNNSUREDI INSURER LEn=t
_ CANCELLATION
FTCLLNS
SHOULD ANY OF The ASOVB DESCRIM POLICIES BE CANCELLED BEFORE THE EXWRATION
DATE TNBREOF, THE LSS{MN0 INSURER WILL BNDILAVOR TO MAIL
_U_ DAVB WRInEN
NOTICE TO THE CERTIFICATE "OLDER NAMED TO THE LEFY, BUT PAILURF TO 00 SO SHALL
CITY OF FORT COLLINS
IMPOSE No OBU0ATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
200 T.&IP mWCM Ava.
Fort Collins CO 80521
NTHOPME5A01p .
AUTNORRED REPRGBENTATIV
Fobs Tarr
_ __.
OACORO C
RPORATION I
Received: 1/23/02 10:22; 510 832 5054 -� REDFLEX - gFFIC SYSTEMS INC; Page 3
Sent by: CRIST ELLIOTT MACHETTE - AYLOR 510 832 5054; 01/23/02 10:58;
1294 p534;Page 3/4
CG 20 10 03 97
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
BLANKET
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to
this endorsement.)
Who Is An Insured (Section 11) is amended to include as an insured the person or organization shown in the 5cheoule, but only
with respect to liability arising out of your ongoing operations performed for that insured.
=0uc� vuMa:q QAR710794 -- ...
Received: 1/23/02 10:22;
Sent by: CRIST ELLIOTT MACHETTE
510 832 5054 -> REDFLEX T-AFFIC SYSTEMS INC; Page 4
AYLOR 510 832 5054; 0112L .2 10:58; 121&LIL-#534;Page 4/4
CGLI
a covered "auto" you own that is out of service
because of its;
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss"; or
e. Destruction.
SECTION II — LIABILITY COVERAGE
A. Coverage
We will pay all sums an "insured" legally must pay as
damages because of "bodily injury" or "property damage"
to which this insurance applies, caused by an "accident"
and resulting from the ownership, maintenance or use of
a covered "auto".
We will also pay all sums an "insured" legally must pay
as a "covered pollution coat or expense" to which this
insurance applies, caused by an "accident" and resulting
from the ownership, maintenance or use of covered
"autos". However, we will only pay for the "covered
pollution cost or expense" if there is either "bodily injury"
or "property damage" to which this insurance applies that
is caused by the same "accident",
We have the right and duty to defend any "insured"
against a "suit" asking for such damages or a "covered
pollution cost or expense". However, we have no duty to
defend any "insured" against a "suit" seekingdamages for
"bodily injury" or "property damage" or a "covered pollu-
tion cost or expense" to which this Insurance does not
aPPIY. We may investigate and settle any claim or "suit"
as we consider appropriate. Our duty to defend or settle
ends when the Liability Coverage Limit of Insurance has
been exhausted by payment of judgments or settlements.
1. Who Is An Insured
The following are "insureds":
a. You for any covered "auto".
b. Anyone else while using with your permission a
covered "auto" you own, hire or borrow except:
(1) The owner or anyone else from whom you
hire or borrow a covered "auto", This excep-
tion does not apply If the covered "auto" is a
"trailer" connected to a covered "auto" you
own.
(2) Your "employee" if the covered "auto" is
owned by that "employee" or a member of
his or her household,
(3) Someone using a covered "auto" while he or
she is working in a business of selling, ser-
vicing, repairing, parking or storing 'autos"
unless that business is yours.
(4) Anyone other than your "employees",
partners (if you are a partnership), members
(if you are a limited liability company), or a
lessee or borrower or any of their
►arm Nol CA 00 O1
Pep 2 of 9
"employees", while moving property to or
from a covered "auto",
(13) A partner (if you are a partnership), or a
member (if you are a limited liability com-
pany) fora covered "auto" owned by him or
her or a member of his or her household.
c. Anyone liable for the conduct of an "insured"
described above but only to the extent of that
liability.
2. Coverage Extensions
a. Supplementary Payments
In addition to the Limit of Insurance, we will pay
for the "insured":
(1) All expenses we incur.
(2) Up to $2,000 for cost of bail bonds (includ.
ing bonds for related traffic law violations)
required because of an "accident" we cover,
We do not have to furnish these bonds.
(3) The cost of bonds to release attachments in
any "suit' against the "insured" we defend,
but only for bond amounts within our Limit
of ►nsurance.
(4) All reasonable expenses incurred by the "in-
sured" at our request, including actual loss
of earning up to $250 a day because of time
off from work.
(5) All costs taxed against the "insured" in any
"suit" against the "insured" we defend.
(6) All interest on the full amount of any judg-
ment that accrues afterentry ofthe judgment
in any "suit" against the "insured" we
defend, but our duty to pay interest ends
when we have paid, offered to pay or
deposited in court the part of the judgment
that is within our Limit of Insurance.
b. Out -Of -State Coverage Extensions
While a covered "auto" is away from the state
where it is licensed we will:
(1) Increase the Limit of Insurance for Liability
Coverage to meet the limits specified by a
compulsory or financial responsibility law of
the jurisdiction where the covered "auto" is
being used. This extension does not apply to
the limit or limits specified by any law
governing motor carriers of passengers or
property.
(2) Provide the minimum amounts and types of
other coverages, such as no-fault, required
Of out-of-state vehicles by the jurisdiction
where the covered "auto" is being used.
We will not pay anyone more than once for the
same elements of loss because of these axten-
aions.
POULY NUMBER: FAAX62D96 0 INSURED COPY
Received: 1/23/02 11:26; 3037822251 10357 -> REOFLEX - =FIC SYSTEMS INC; Page 2
JAN-23-2002 WED 11:18 AM Pinnacol Assurance FAX NO. 3037822251 10357 P. 02/03
» MENEM=
THIS IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
Plnnacol Assurance AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
720 S. Colorado Blvd CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE
Suite 100, North Tower AFFORDED BY THE POLJCW BELOW.
DENVER CO 90246-1936 COMI?ANIES AFFOICOVERAGE
wA
A
INSURP-0
ANY
REDFLEX TRAFFIC SYSTEMS INC
155 N COLLEGE AVE #108
COMPAW
FORT COLLINS CO 80524
wANY
THIS IS TO CERTlrY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN
NOTWITHSTANDING ANY REQUIREMENT. TERM AND CONDITIC N OF ANY CONTRACT
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BI
HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS
OF SUCH POLICIES. LIMITS SHOWN MAY HAVE •ENRI BY PAID CLAIII
CA
TYPEOFNa'URANCE
IVUCY I•uMORR
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NODR.Y INIURY
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NONdWNRD AVrO9
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CARAOE LIABILITY
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SEE BACK OF CERTIFICATE FOR CLASS COVERAGEE, AND OVJNEASHIP COVERAGR DETAIL
L1.r
594774 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TM
CITY OF FORT COLLINS EXPIRATION DATE THEREOF. THE ISSUING COMPANY WRL ENDEAVOR TO MAI
300 LA PORTE AVE _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
PORT COLLINS CO 80524 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY UPO COMPANY. ITS AGENTS-QRREP ATI'
AUTHOR R RBSENTATt
• G J. Pon. Prod
BON04ERN=9"M 1111104 NORM IaILTI III IVIVUM IT,�.dn VW ITS
Received: 1/23/02 11:27; 3037822251 10357 -> REDFLEX TRAFFIC SYSTEMS INC; Page 3
JAN-23-2002 WED 11:19 AM Pi. ecol Assurance FAX NO. .,7822251 10357 P. 03/03
CE111TWICATE HOLDER COPY
CITY OF FORT COLLINS
300 LA PORTE AVE
FORT COLLINS CO 80524
n
POLICY NUMBER: 4022477
BUSINESS LOCATION: REDFLEX TRAFFIC SYSTEMS INC
CLASSIFICATION OF OPERATION
CLASS DESCRIPTION
632515 TRAFFIC SIGNAL -REPAIR
COVERAGE
COVERAGE
RATIN
EFFECTIVE
EXPIRES
TYPE
09/01/2001
09/01/2002
EM
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.
3
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, 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.
4
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:
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. 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
k
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 party, 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.
0
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.
7
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".
WITNESSETH:
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 party 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
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. 74' St.
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
l-1
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
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