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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 Stat. 42-4-110.5 (2001) concerning the use of camera radar and red light camera systems are not superseded by the City's ordinances or Charter; and WHEREAS, the City has voluntarily been complying with the provisions of 42-4-110.5 C.R.S. since it was first enacted;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 SA 10/01 3 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 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. 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) SA 10/01 5 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 6 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 VA 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). SA 10/01 1i 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. SA 10101 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. SA 10/01 10 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. SA 10/01 11 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 MUCY EPPelumve POLICY O(PIMTION LIMITS LTR DATJWAWMnYA DATIE(ft-A"I OENEaAL LIAa1LITY OENERAL AOOaeOATA ! rs.00totorAm LOMMUMALOP.NEML LIAaUTY CUUMSMADE 13 OClnA POI &ADV IMURY OWNER'S A OOMMC 09's PROT PIQ IM CM RM bag aP WV Oft III AUTOMnalm UARILM ANY AUTO Comamo SmiaLz LIMIT NODR.Y INIURY ALL OWNeI) AUTOS SCNBOI AUTOS KMMY IW11RY WRW AVrOS NONdWNRD AVrO9 r r +I MPRM DAMAGE CARAOE LIABILITY AUTO ON -M ormarit^wAvro ONLY. ANY AUp I LACM ACIDI H Ta cRCCU LIABILITY BACROCCIIIIII A T UMBRELLA POW 0714111 r) N IIIAalUILLA PORM woe'a"E COMP@afAT10N AND MCSTATIL OTHER J EMPLOYERS' LMOUTY RY ITM Ili Ma Lc unPr A 4052477 09/O1rz001 09/OIrz002 $0.000 DI 000G TIICPROPRIUTORIPwnTNEw UICL M 00 1'P I: aMIVUOFFICERSA . OTNEI DESCRIP MM OP OMRATTOfL4AACATlUf4fVENICLZ"PSCIAL M ME 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 2