HomeMy WebLinkAbout2014-03-25 - AGENDA REPORTS - AMEND REDFLEX TRAFFIC SYSTERMS (2)NEW BUSINESS
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 15
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval
Item to be presented by:
March 25, 2014
Andrew Yi
AMEND CONTRACT WITH REDFLEX TRAFFIC SYSTEMS,
INC., TO EXTEND TERM FOR THE RED-LIGHT PHOTO
ENFORCEMENT PROGRAM
Public Works
RECOMMENDED ACTION
City Council:
1. Approve the amendment to Contract 08-00553 with Redflex Traffic Systems, Inc., to extend
term on a month-to-month basis.
2. Direct staff to further evaluate the Red -Light Photo Enforcement Program and report back to
the City Council within 12 months.
3. Authorize the City Manager or designee to execute all contracts and associated documents,
subject to City Attorney review, contingent upon the appropriation of funds by the City
Council in the annual budget for such fiscal year.
BACKGROUND
In November 2003, the City Council approved the implementation of a Red -Light Photo
Enforcement Program and awarded a five-year contract to Redflex Traffic Systems, Inc.,
(Redflex) to provide and maintain red-light photo enforcement equipment. City of Santa Clarita
(City) staff and the Los Angeles County Sheriffs Department selected five intersections for
red-light photo enforcement based on collision history and red-light enforcement issues. The
cameras started operation in July 2004 at the intersections of Soledad Canyon Road/Whites
Canyon Road, Bouquet Canyon Road/Seco Canyon Road, McBean Parkway/Magic Mountain
Parkway, McBean Parkway/Newhall Ranch Road, and Lyons Avenue/Orchard Village Road. The
program was expanded in August 2006 to include two additional intersections at Valencia
Boulevard/McBean Parkway and Bouquet Canyon Road/Newhall Ranch Road.
In December 2008, the City Council approved a five-year contract renewal and authorized the
City Manager to execute up to two 2 -year options. The five-year term of this contract will expire
on April 1, 2014. During their February 5, 2014, meeting, City Council directed the City
Manager to bring the contract renewal before the City Council.
Collision Analysis
There are approximately 550 red-light violations per month at the seven red-light camera
intersections. The City maintains a collision database derived on reported collisions from the Los
Angeles County Sheriffs Department's Santa Clarita station. A before/after collision analysis was
conducted (includes all collisions within 150 feet of an intersection) using collision data three
years prior (2001-2003) and six years after the implementation of the red-light cameras
(2007-2012). (Note: A full year of collision data for 2013 was not available at the time the
analysis was conducted.) The chart below shows the yearly average of total collisions in each
category at the seven red-light camera intersections. Citywide intersection statistics were also
viewed for comparison purposes.
The analysis showed a 60 -percent decrease in the average number of yearly broadside collisions,
10 -percent decrease in injury collisions, and a 66 -percent reduction in collisions caused by
red-light running. While photo -enforced intersections have seen a 13 -percent increase in rear -end
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Red Light Camera
Intersections
(Yearly Average)
Citywide
(Yearly Average)
Primary Collision Factor
Before
After
% Chg
Before
After
% Chg
Red Light Running
14.0
4.8
-66%
93.7
93.7
0%
Collision Severity
Before
After
% Chg
Before
After
% Chg
Property Damage Only
60.3
47.3
-22%
500.0
441.8
-12%
Injury
27.0
24.2
-10%
299.0
297.7
0%
Fatal
0.3
0.0
-100%
2.7
1.8
-33%
Collision Type
Before
After
% Chg
Before
After
% Chg
Broadside Collisions
30.7
12.3
-60%
341.0
299.8
-12%
Rear End Collisions
35.3
40.0
13%
238.7
230.0
4%
Other Collision Types
21.7
19.8
-9%
222.0
212.0
-5%
otal Collisions
87.7
72.2
-18%
801.7
741.8
-7%
The analysis showed a 60 -percent decrease in the average number of yearly broadside collisions,
10 -percent decrease in injury collisions, and a 66 -percent reduction in collisions caused by
red-light running. While photo -enforced intersections have seen a 13 -percent increase in rear -end
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collisions, typically they are not as serious as broadside collisions and result in less severe
injuries. The reduction in broadside collisions more than offsets the increase experienced in
rear -end collisions. The total number of yearly collisions at the seven red-light camera
intersections decreased by 18 percent. The red-light camera intersections had larger declines
compared to citywide statistics in all categories with the exception of rear -end collisions.
The use of red-light photo cameras is meeting the City's objective in improving and enhancing
roadway safety and has been effective in significantly reducing broadside collisions and
collisions caused by red-light running.
Signal Coordination
Traffic signals along major arterial roads are coordinated and synchronized to maximize traffic
flow and minimize delay. To achieve this coordination, all traffic signals operate on the same
cycle length. A timing change at one intersection will likely result in changes at other
intersections in the coordination corridor to maintain synchronization.
In 2012, the State adopted new standards for pedestrian timing at signalized intersections. The
new standard decreased the average pedestrian walking speed from 4 to 3.5 feet per second to
accomodate an aging population and those with mobility issues, giving additional time to cross
the street. The City has many wide intersections. The new standard added up to an additional 12
seconds of pedestrian timing. Prior to the new pedestrian timing standards, the City operated on a
120 -second cycle length and the new pedestrian timing standards had to fit within the existing
120 -second cycle. Therefore, when a pedestrian crossed an intersection, green signal time was
reduced for other signal phases. This created a variable amount of green signal time, which
resulted in an upward trend of motorists receiving red-light camera violations. After noticing this
trend, staff worked on resynchronizing signal corridors and implemented a new 132 -second cycle
citywide in 2013. This cycle length better accommodated new pedestrian timing requirements
and lengthened green -light phases. A three-month before/after comparison of red-light violations
after lengthening only the signal cycle resulted in a 50 -percent decrease in red-light violations.
Yellow -Light Interval Timing
The purpose of the yellow -light interval is to notify motorists that the traffic signal is about to
change to red and to provide sufficient time for motorists to safely stop. The City approaches
yellow -light interval timing at all intersections in the same manner for all signalized intersections
to ensure consistency, uniformity, and expectation to the motorist. Yellow -light interval timing is
set in accordance with State guidelines, and all intersections currently exceed State mininums in
both through and protected left -turning movements. Per State guidelines, the minimum yellow
interval for protected left -turn movements is three seconds. The City uses a minimum yellow
interval for protected left -turn movements of 3.5 seconds. Per State guidelines, the yellow
interval for through movements is based on the approach speed limit of the roadway, with a
minimum of three seconds. The City follows this criteria in determining the yellow interval for
all through movements.
Currently, the California Traffic Control Devices Committee is studying if changes are needed to
the State's current minimum yellow -light interval. Potential recommendations may have an effect
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not only on citywide yellow -light interval timing, but statewide. The City will continue to comply
with any new standards adopted by the State.
Staff has started an evaluation of providing a longer left -turn yellow -light interval at Valencia
Boulevard/McBean Parkway. The yellow interval was extended by 1.0 second to 4.5 seconds in
mid-February by reducing available green time. The evaluation will study the effect a longer
yellow -light interval will have on driver behavior, occurrence of red-light violations, intersection
operation, and coordination timing along corridors. The study may be expanded to include
additional intersections with red-light cameras.
Adjustments to yellow -light or signal timing will impact traffic flow and circulation. Applying
additional yellow -light timing at all of the City's signalized protected left turns will require
reestablishing coordination timing along the City's arterials. Maintaining the existing 132 -second
signal cycle while adjusting yellow -light timing will reduce available green time and reduce
intersection capacity resulting in more delays for motorists. Increasing the overall signal cycle
will increase the wait time at intersections and reduce efficiencies in traffic flow.
Fine Amount/Revenue Distribution
The fine amount for a red-light camera ticket is $490 and is set by the State Legislature and Los
Angeles County Superior Court. The City has no control in the fine amount. The fine amount for
running a red light is the same if it was issued by a Sheriff or a red-light camera.
Red-light camera ticket revenues are distributed between the City, State, and County. The City
receives approximately $150 per ticket or 30 percent of the fine amount. The remaining revenue
goes to the State (55 percent) and Los Angeles County (15 percent) for penalty assessments and
fees added by the State Legislature and County to all traffic moving violations.
Revenues/Expenditures of Red Light Photo Enforcement Program
During the last contract period, the program has been fully funded through violation revenue. The
City incurs the full cost of the program, which includes Redflex equipment/maintenance, data
communications, Sheriff personnel for citation processing/court appearances, and time spent by
the City Attorney's Office. The information below is the yearly average cost of services and
average revenue received during the last contract period of the Red -Light Photo Enforcement
Program.
Item Average Yearly Expenditure
Redflex Services $467,147
Redflex Camera Data Communications $ 8,975
Attorney Costs/Accurint (Records Search Service) $ 11,074
Sheriff Personnel: Processing/Court Appearances 95,041
Average Yearly Expenditure for Program $582,237
Average Yearly Revenue
Average Yearly Net Revenue
$674,790
$ 92,553
FA
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Contract Amendment
The proposed amendment extends the term of the current contract to a month-to-month
continuation of current services provided by Redflex. This will allow staff to conduct an
evaluation of yellow -light timing at selected intersections, potential impact of any new
yellow -light timing standards at the State level, yellow -light timing effect on driver behavior,
red-light violation rates, revenue changes, and effect on intersection operation, coordination, and
traffic flow. Staff will report back its findings within 12 months to determine if the Red -Light
Photo Enforcement Program is still effective in meeting the City's goal of improving and
enhancing roadway safety. A recommendation at that time will be made to either extend or
terminate the program.
Redflex was recently involved in an incident with the Chicago Department of Transportation. An
investigation revealed a Chicago Department of Transportation employee accepted gifts from a
Redflex executive. Once the incident came to light, Redflex took a number of corrective actions,
including adopting new anti-bribery/anti-corruption policies and training, terminating the
Redflex employee involved, and hiring a new CEO, Executive Vice President of Business
Development, General Counsel, and Chief Financial Officer. Redflex contacted City staff during
this period to notify them of what was occurring in Chicago and the corrective actions they were
taking.
ALTERNATIVE ACTIONS
Other action as determined by City Council.
FISCAL IMPACT
Sufficient funds are available in the approved Fiscal Year 2013-14 budget in Account
14400-5161.001. The appropriation of funds by the City Council for the Fiscal Year 2014-15
budget will be required. The estimated annual cost for the Redflex contract amendment is
$492,000.
ATTACHMENTS
Red -Light Photo Enforcement Locations
Original Redflex Traffic Systems, Inc., Contract available in the City Clerk's Reading File
Amendment 08-00553-A available in the City Clerk's Reading File
5
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Red -Light Photo Enforcement Locations
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MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
REDFLEX TRAFFIC SYSTEMS, INC.
Contract No. 08-00553
THIS TENANCE AGREEMENT ("Agreement") is made and entered into this az( � of
20C by and between the CITY OF SANTA CLARITA, a general law city and
m nicipal corporation ("CITY") and REDFLEX TRAFFIC SYSTEMS, INC., a PHOTO RED
LIGHT ENFORCEMENT Corporation ("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR on a monthly
basis an amount set forth in the attached Exhibit "D," which is incorporated by
reference, for CONTRACTOR's services. CITY will pay such amount promptly,
but not later than thirty (30) days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from April 1, 2009, to April 1, 2014. The
Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibits "A", 'B",
and "C".
B. CONTRACTOR will, in a workmanlike manner, furnish .all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
4. PREVAILING WAGES.
A. If required by applicable state law including, without limitation Labor Code §§
1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776,
CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's
responsibility to interpret and implement any prevailing wage requirements and
7/2006
Page 1 of 9
I
CONTRACTOR agrees to pay any penalty or civil damages resulting from a
violation of the prevailing wage laws. In accordance with Labor Code § 1773.2,
copies of the prevailing rate of per diem wages are available upon request from
CITY's Engineering Division or the website for State of California Prevailing
wage determination at httv://www.dir.ra.gov/DLSR/PWD. A copy of the
prevailing rate of per diem wages must be posted at the job site.
B. Protection of Resident Workers.
The City of Santa Clarita actively supports the Immigration and Nationality Act
(INA) which includes provisions addressing employment eligibility, employment
verification, and nondiscrimination. Under the INA, employers may hire only
persons who may legally work in the United States (i.e., citizens and nationals of
the U.S.) and aliens authorized to work in the U.S. The employer must verify the
identity and employment eligibility of anyone to be hired, which includes
completing the Employment Eligibility Verification Form (I-9). The Contractor
shall establish appropriate procedures and controls so no services or products
under the Contract Documents will be performed or manufactured by any worker
who is not legally eligible to perform such services or employment.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
i. Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
Wnoo6
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Page 2 of 9
a
moos
Tvne of Insurance Limits (combined single
Commercial general liability: $1,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior written
notice to City.
C. Professional liability coverage will be on an "occurrence basis" if such coverage is
available, or on a "claims made" basis if not available. When coverage is
provided on a "claims made basis," CONTRACTOR will continue to renew the
insurance for a period of three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
that was in effect during the term of this Agreement, and will cover
CONTRACTOR for all claims made by CITY arising out of any errors or
omissions of CONTRACTOR, or its officers, employees or agents during the time
this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 01 06 92, including symbol 1 (Any Auto).
E. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of"A:VII." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard
to any notice provisions.
F. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's'
expense and deduct the cost of such insurance from payments due to
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G.
CONTRACTOR under this Agreement or terminate. In the alternative, should
hours of receipt of notice of cancellation Furthermore. CONTRACTOR must
obtain replacement coverage that meets all contractual requirements within 10
ds of the prior insurer's issuance of notice of cancellation. CONTRACTOR
must ensure that there is no lapse in coverage.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
Vaoo6
A. Termination For Cause: Either party shall have the right to terminate this
Agreement immediately by written notice to the other if (i) state statutes are
amended to prohibit or substantially change the operation of red light photo
enforcement systems; (ii) any court having jurisdiction over City rules, or
California or federal statute declares, that results from CONTRACTOR's Redflex
System of red light photo enforcement are inadmissible in evidence; or (iii) the
other party commits any material breach of any of the provisions of this
Agreement which breach is not remedied within ninety (90) calendar days (or
within such other time period as the CITY and CONTRACTOR shall mutually
agree, which agreement shall not be unreasonably withheld or delayed) after
written notice from the non -breaching party setting forth in reasonable detail the
events which caused the breach. The rights to terminate this Agreement shall be
without prejudice to any other right or remedy of either party in respect of the
breach concerned (if any) or any other breach of this Agreement.
B. Termination for Convenience: CITY may terminate this Agreement without cause
at any time by giving ten days' written notice of termination to CONTRACTOR.
CITY agrees to reimburse the CONTRACTOR for all out-of-pocket and direct
costs associated with the installation and management of the City's program,
including, but not limited to (1) construction services, (2) software configuration
and (3) hardware depreciation, not to exceed $100,000 per intersection approach.
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IV
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C. Upon termination by either CITY or CONTRACTOR, CONTRACTOR shall
deliver to CITY all property of the CITY in CONTRACTOR's possession and
copies of all reports, documents, and other work prepared by CONTRACTOR
under this Agreement. CONTRACTOR shall furnish to CITY a final statement of
the work performed for compensation. The statement shall indicate the task to
which the work performed is to be charged, according to the categories in Section
3, Scope of Services of this Agreement. Such statement shall also include a
detailed record of actual reimbursable expenses, such as, but not limited to,
copying costs, long-distance telephone charges, and computerized research. CITY
will prepare a warrant payable to CONTRACTOR in the amount approved by
CITY. CITY will then make final payment to CONTRACTOR for services
performed and reimbursable expenses incurred, subject to the limitation on
reimbursement set forth in this Agreement. The Redflex System is the property of
CONTRACTOR, upon termination; at the expense of CONTRACTOR
CONTRACTOR shall remove the System and restore each applicable
intersection.
9. INDEMNIFICATION.
A. CONTRACTOR agrees to the following:
1. Indemnification of CITY. CONTRACTOR will save harmless and indemnify the
CITY, including, without limitation, CITY's defense costs (including reasonable
attorney's fees), from and against any and all suits, actions, or claims, of any
character whatever, brought for, or on account of, any injuries or damages
sustained by any person or property resulting or arising, or alleged to have resulted
or arisen, from any negligent or wrongful act, error or omission by
CONTRACTOR or any of CONTRACTOR's officers, agents, employees, or
representatives, in the performance of Agreement.
2. For the purposes of this section CITY includes its respective elected and
appointed boards, officials, officers, agents, employees, and volunteers.
3. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
The requirements as to the types and limits of insurance coverage to be maintained by
CONTRACTOR and any approval of said insurance by CITY, are not intended to and will not in
any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR
pursuant to this Agreement, including, without limitation, to the provisions concerning
indemnification.
B. CITY agrees to the following:
1. Indemnification of CONTRACTOR. CITY will save harmless and indemnify,
including, without limitation, CONTRACTOR defense costs (including
reasonable attorney's fees), from and against any and all suits, actions, or claims,
7/2006
Page 5 of 9
of any character whatever, brought for, or on account of, any injuries or damages
sustained by any person or property resulting or arising, or alleged to have resulted
or arisen, from any negligent or wrongful act, error or omission by CITY or any of
CITY'S officers, agents, employees, or representatives, in the performance of
Agreement.
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work
or to exercise a measure of control over the work means that CONTRACTOR will follow the
direction of the CITY as to end results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: City of Santa Clarita
23920 Valencia Blvd.
Santa Clarita, CA 91355.
To CONTRACTOR: Redj7ex Trciffic Systems, Inc.
23751 N. 23d Avenue, Suite 150
Phoenix, AZ 85085-1854
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
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14. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the Santa Clarita City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between
any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
24. ENTIRE AGREEMENT. This Agreement and its 5 attachments constitute the sole
agreement between CONTRACTOR and CITY' respecting Photo Red Light Enforcement
maintenance. To the extent that there are additional terms and conditions contained in Exhibits
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Page 7 of 9
"A" through "E" that are not in conflict with this Agreement, those terms are incorporated as if
fully set forth above. There are no other understandings, terms or other agreements expressed or
implied, oral or written.
25. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
(Signatures on Next Page)
712006
Page 8 of 9
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first
hereinabove written.
FOR
Print Name &
q-14-07
FOR CITY OF SANTA CLARITA:
KENNETH R. PULSKAMP, CITY MANAGER
By:
City Manager
Date:
ATTEST:
By:
City Clerk /
Date:/a<(
APPROVED AS TO FORM:
CARL K. NEWTON, CITY A'
m-
City
7/2006 7/2006
Page 9 of 9
EXHIBIT "A"
Statement of Work
The contract is for the continued operational services of the following 10 approaches/systems:
Bouquet Canyon Road and Newhall Ranch Road, Northbound
Bouquet Canyon Road and NewhallRanch Road, Eastbound
Bouquet Canyon Road and Seco Canyon, Northbound
McBean Pkway and Magic Mountain Pkwy, Eastbound
McBean Pkwy and Newhall Ranch Road, Westbound
Orchard Village Drive and Lyons, Southbound
Valencia Blvd and McBean Pkwy, Eastbound
Valencia Blvd and McBean Pkwy, Westbound
Soledad Canyon Road and Whites Canyon Road, Southbound
Whites Canyon Road and Soledad Canyon Road, Northbound
and implementation of up to 10 additional intersections or 20 approaches. Identification of
enforced intersection approaches will be based on mutual agreement between Redflex and the
City as warranted by community safety and traffic needs.
Photo Speed System Component (Optional)
Upon enabling legislation in the State of California that authorizes the city to enact Photo Speed
Enforcement, Redflex will provide mobile and/or Fixed Photo Speed Enforcement services to the
city. Photo Speed Enforcement Services is optional for the city and will only be provided by the
vendor upon issuance of a "Notice to Proceed"
EXHIBIT "B"
Construction and Installation Obligations
Timeframe for Installation of new systems: Fixed Photo Red Light System
Redflex will have each specified approach installed and activated in phases in accordance with
an implementation plan to be mutually agreed to by Redflex Traffic Systems and the Customer.
Redflex will use reasonable commercial efforts to install the system in accordance with the
schedule set forth in the implementation plan that will be formalized upon project
commencement.
Redflex will use reasonable commercial efforts to install and activate the first specified
intersection within sixty (60) days subsequent to formal project kick-off and receipt of the
required customer approved program business rules. The Customer agrees that the estimated
timeframe for installation and activation are subject to conditions beyond the control of Redflex
and are not guaranteed.
In order to provide the Customer with timely completion of the photo enforcement project,
Redflex Traffic Systems requires that the Customer assist with obtaining timely approval of
permit requests, which includes attend meetings, review construction plans for permit approval
and generally staff permit requests through city departments. The Customer acknowledges the
importance of the safety program and undertakes that in order to keep the project on schedule the
Customer will provide engineering review(s) of Redflex permit requests and all documentation in
a timely manner.
Redflex Obligations. Redflex shall do or cause to be done each of the following (in each
case, unless otherwise stated below, at Redflex's sole expense):
1.1. Appoint the Redflex Project Manager and a proj ect implementation team;
1.2. Request current "as -built" electronic engineering drawings for the Designated
Intersection Approaches (the "Drawings") from the city traffic engineer;
1.3. Develop and submit to the Customer for approval construction and installation
specifications in reasonable detail for the Designated Intersection Approaches, including
but not limited to specifications for all radar sensors, pavement loops, electrical
connections and traffic controller connections, as required; and
1.4. Seek approval from the relevant Governmental Authorities having authority or
jurisdiction over the construction and installation specifications for the Designated
Intersection Approaches (collectively, the "Approvals"), which will include compliance
with City permit applications.
1.5. Finalize the acquisition of the Approvals;
1.6. Assist the Customer in developing a public awareness strategy, which may include media
and educational materials;
1.7. Develop the Redlight Violation Criteria in consultation with the Customer;
1.8. Develop the Enforcement Documentation for approval by the Customer, which approval
shall not be unreasonably withheld;
1.9. Complete the installation and testing of all necessary Equipment, including hardware and
software, at the Designated Intersection Approaches to the satisfaction of the Customer.
1.10. Cause, an electrical sub -contractor to complete all reasonably necessary electrical
work at the Designated Intersection Approaches, including but not limited to the
installation of all related Equipment and other detection sensors, poles, cabling,
telecommunications equipment and wiring, which work shall be performed in
compliance with all applicable local, state and federal laws and regulations;
1.11. Install and test the functionality of the Designated Intersection Approaches with
the Redflex System and establish fully operational Violation processing capability with
the Redflex System;
1.12. Implement the use of the Redflex System at each of the Designated Intersection
Approaches;
1.13. Deliver the Materials to the Customer; and
1.14. Citation processing and citation issuance/re-issuance for Authorized Violations;
1.15. Redflex shall provide training (i) for up to fifteen (15) personnel of the Customer,
including but not limited to the persons who Customer shall appoint as Authorized
Employees and other persons involved in the administration of the Redlight Photo
Enforcement Program, (ii) for up to sixteen (16) hours in the aggregate, (iii) regarding
the operation of the Redflex System and the Redlight Photo Enforcement Program,
which training shall include training with respect to the Redflex System and its
operations, strategies for presenting Violations Data in court and judicial proceedings
and a review of the Enforcement Documentation;
1.16. Interact with court and judicial personnel to address issues regarding the
implementation of the Redflex System, the development of a subpoena processing
timeline that will permit the offering of Violations Data in court and judicial
proceedings, and coordination between Redflex, the Customer and (WHERE
APPLICABLE juvenile court personnel).
2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of the
following (in each case, unless otherwise stated below, at Customer's sole expense):
2.1.1. Appoint the Project Manager;
2.1.2. Assist Redflex in obtaining the Drawings from the relevant Governmental
Authorities;
2.1.3. Notify Redflex of any specific requirements relating to the construction and
installation of any Intersection Approaches or the implementation of the Redlight
Photo Enforcement Program;
2.1.4. Provide assistance to Redflex in obtaining access to the records data of the
Department of Motor Vehicles by completing the necessary forms and request a
code be assigned so that Redflex can seek records data in Redflex's capacity as an
independent contractor to the Customer, and
2.1.5. Assist Redflex in seeking the Approvals
2.1.6. Provide reasonable access to the Customer's properties and facilities in order to
permit Redflex to install and test the functionality of the Designated Intersection
Approaches and the Redlight Photo Enforcement Program;
2.1.7. Provide reasonable access to the personnel of the Customer and reasonable
information about the specific operational requirements of such personnel for the
purposes of performing training;
2.1.8. Seek approval or amendment of Awareness Strategy and provide written notice to
Redflex with respect to the quantity of media and program materials (the
"Materials") that the Customer will require in order to implement the Awareness
Strategy during the period commencing on the date on which Redflex begins the
installation of any of the Designated Intersection Approaches and ending one (1)
month after the Installation Date;
2.1.9. Assist Redflex in developing the Redlight Violation Criteria; and
2.1.10. Seek approval of the Enforcement Documentation.
2.1.11. The Customer shall provide on an agreed upon frequency, without cost to
Redflex, reports regarding the prosecution of Citations, the collection of fines, fees
and other monies and available collision data, in such format and for such periods as
Redflex may reasonably request.
2.1.12. Yellow Light Timing Review: The Customer is responsible to ensure that the
yellow or amber light phase timing at all photo enforced intersections meets
minimum standards according to Federal, State, and local laws, guidelines, and/or
rules.
2.1.13. Provide on-going adequate electrical power in order to operate the systems. The
Customer will allow Redflex to use existing conduit space as available.
2.1.14. The Customer shall be responsible to provide and install LED traffic signal lights
(yellow and red) at all enforced locations,
2.1.15. Customer is responsible for all computer hardware, web browsers and high speed
Internet access necessary to operate the systems within the confines of the city
buildings.
2.1.16. The Customer shall be solely responsible for the fabrication of any signage,
notices or other postings required pursuant to any law, rule or regulation of any
Governmental Authority ("Signage'), including but not limited to the Vehicle Code,
and shall assist in determining the placement of such Signage.
EXHIBIT "C"
Maintenance
I. All repair and maintenance of Photo Red Light Enforcement systems and related equipment
will be the sole responsibility of Redflex, including but not limited to maintaining the casings
of the cameras included in the Redflex System and all other Equipment in reasonably clean
and graffiti -free condition.
2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of city
Traffic Engineering present.
3. The provision of all necessary electrical and telephone services to the Designated Intersection
Approaches will be the sole responsibility of the Customer
4. In the event that images of a quality suitable for the Authorized Employee to identify
Violations cannot be reasonably obtained without the use of flash units, Redflex shall provide
and install such flash units.
5. Redflex may assign specific personnel to provide follow up assistance to the Customer in the
form of the HELPDESK, a designated Customer Service Representative and a Director of
Accounts.
6. Credit for Malfunctioning or Non -Operating Designated Intersection Approaches:
6.1. In the event that a system is disabled in accordance with Category 1 in excess of 48
hours then the monthly fee for that system will be reduced to the number of days
operational and pro rated fee will apply for that month.
6.2. Compensation under Exhibit D shall be reduced and Redflex shall credit the monthly
invoice for each affected malfunction Designated Intersection Approached based on the
following formula, but only over any period not covered by section 6.1 above, as
follows:
6.2.1. If the issuance rate at an approach drops below 60%, Redflex shall credit the
monthly invoice by 40% for that approach. Should the issuance rate drop to less
than 20%, then Redflex shall not be entitled to the monthly fixed fee and shall fully
credit the monthly invoice for that approach.
The rate of malfunction/issuance rate shall be determined from the Redflex on-line
customer management report but excluding rejections for driver, obstruction, motor cycle
helmet; plate obstruction; extended vehicle; out of country and paper plates; wrong/no
DMV; citations to old to process, emergency vehicles, and safe right turn on red.
7. Redflex has primary responsibility for the daily maintenance and support of the systems,
including a maximum of two (2) hour response time to maintenance issues identified as any
fault that renders the system unable to perform its absolute necessary functionality.
Fault means anything, which does or could result in the supported system not performing in
accordance with the specified functionality.
1. Category 1 fault means a Fault, which renders the system unable to perform
absolutely necessary functionality, such as power outage or when a vehicle crashes
into a pole and knocks it over.
2. Category 2 fault means a fault which is not a Category I Fault, but which imposes
limits or restrictions on the use of important functionality of the system, such as a
flash is burned out or one camera is not working or one lane is not responding during
the remote check.
3. Category 3 fault means a Fault which is neither a Category 1 or 2 Fault, but which
may cause City to suffer inconvenience in performing regularly used functions of the
system such as the communication company changes the I.P address without advising
Redflex of the change, which causes the images to be stored at the intersection until
communication is reestablished (i.e. delays to image processing and the ability to
access the streaming video component).
4. Category 4 fault means a Fault which is neither Category 1, 2 or 3 Fault, such as a
dark image.
Response Times
Once the fault has been identified the response times for the faults as described above are as
follows:
1. For a Category 1 Fault, response by Redflex within 2 hours
2. For a Category 2 Fault, response by Redflex within 5 hours
3. For a Category 3 Fault, response by Redflex within 1 working day
4. For a Category 4 Fault, response by Redflex within 2 working days
EXHIBIT "D"
Compensation & Pricing
Fixed Fee
Commencing on the execution of this agreement Customer shall be obligated to pay Redflex a
fixed fee for each existing Designated Intersection Approach:
Tier 1• Fixed Fee of $4,000 per month for each of the following approaches:
Bouquet Canyon Road and Newhall Ranch Road, Northbound
Bouquet Canyon Road and Newhall Ranch Road, Eastbound
Bouquet Canyon Road and Seco Canyon, Northbound
McBean Pkway and Magic Mountain Pkwy, Eastbound
McBean Pkwy and Newhall Ranch Road, Westbound
Orchard Village Drive and Lyons, Southbound
Valencia Blvd and McBean Pkwy, Eastbound
Valencia Blvd and McBean Pkwy, Westbound
Soledad Canyon Road and Whites Canyon Road, Southbound
Whites Canyon Road and Soledad Canyon Road, Northbound
Tier 2 Fixed Fee of $5200 per month for each expanded approach
Where additional lanes are added at an existing approach beyond the original 4 contiguous lanes.
Tier 3• Fixed Fee of $6200 for each new approach
At the expiration of the Warning Period for each Designated Intersection Approach, Customer
shall be obligated to pay Redflex a fixed fee of $6200.00 per month for each Designated
Intersection Approach.
Relocation of Red Light Camera Systems
Should the customer request any system listed under Tier 1 be relocated to another site Redflex
will relocate the camera system at no expense to the customer. Upon completion of the relocation
and activation of the system, the monthly fee will change to Tier 3 for new approaches.
Camera Upgrades
Upon mutual agreement that upgrades to existing cameras would significantly improve the
prosecution of violations, Redflex will upgrade face cameras to those approaches where
appropriate at no additional cost to the city.
Streaming Video Option
Available as an individual approach option to existing systems at $500.00 per month, per
approach, activated upon written Notice to Proceed.
y Financial Feasibility
Based on general accepted accounting principles should the Customer and Redflex
determine that the program is not financially feasible to maintain under the current pricing
per this agreement then the Customer and Redflex shall enter into negotiations to adjust the
pricing.
BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS:
1. Redflex construction will be able to utilize existing conduit for installation where space is
available.
2. Each year, on the anniversary date of the contract, the pricing will increase based upon the
Consumer Price Index (CPI) per the U.S. Department of Labor, Bureau of Labor Statistices
(1982-1984 = 100) for West B/C (less than 1.5 million population) urban Wage Earners and
Cletical Workers, not to exceed 3% within any single calendar year.
3. The provision of all necessary communication, broadband and telephone services to the
Designated Intersection Approaches will be the sole responsibility of Customer
4. The on-going supply of DSL or cable services to the Designated Intersections will be the sole
responsibility of the Customer.
5. The on-going provision of any and all necessary electrical power to the Designated
Intersection Approaches will be the sole responsibility of the Customer
6. Roadway/Intersection improvement projects: Customer shall reimburse Redflex the costs of
replacing and or modification of operational system approaches.
7. If a system is deactivated at the Customer's request due to roadway construction, the monthly
fee will be suspended for that system until the construction is completed.
8. Credit for low issuance or non operating systems - Redflex shall credit the fixed fee per
approach as described in Exhibit C, item 6.
Exhibit "E"
Additional Rights and Obligations
Redflex and the Customer shall respectively have the additional rights and obligations set forth
below:
1. Redflex shall assist the Customer in public information and education efforts, including but
not limited to the development of artwork for utility bill inserts, press releases and schedules
for any public launch of the Redlight Photo Enforcement Program (actual print and
production costs are the sole responsibility of the Customer).
2. The Customer shall not access the Redflex System or use the Redlight Photo Enforcement
Program in any manner other than prescribe by law and which restricts or inhibits any other
Person from using the Redflex System or the Redflex Photo Enforcement Program with
respect to any Intersection Approaches constructed or maintained by Redflex for such Person,
or which could damage, disable, impair or overburden the Redflex System or the Redflex
Photo Enforcement Program, and the Customer shall not attempt to gain unauthorized access
to (i) any account of any other Person, (ii) any computer systems or networks connected to
the Redflex System, or (iii) any materials or information not intentionally made available by
Redflex to the Customer by means of hacking, password mining or any other method
whatsoever, nor shall the Customer cause any other Person to do any of the foregoing.
3. The Customer shall maintain the confidentiality of any username, password or other process
or device for accessing the Redflex System or using the Redlight Photo Enforcement
Program:
4. Redflex and the Customer shall advise each other in writing with respect to any applicable
rules or regulations governing the conduct of the other on or with respect to the property of
such other party, including but not limited to rules and regulations relating to the
safeguarding of confidential or proprietary information, and when so advised, Redflex and
the Customer shall obey any and all such rules and regulations.
5. The Customer shall promptly reimburse Redflex for the cost of repairing or replacing any
portion of the Redflex System, or any property or equipment related thereto, damaged
directly or indirectly by the Customer, or any of its employees, contractors or agents.
FIRST AMENDMENT TO
AGREEMENT NO. 08-00553 BETWEEN
THE CITY OF SANTA CLARITA AND
REDFLEX TRAFFIC SYSTEMS, INC.
Contract No. 08-00553-A
THIS FIRST AMENDMENT ("Amendment") is made and entered into this _ day of
20_, by and between the CITY OF SANTA CLARITA, a general law city and
municipal corporation existing under the laws of California ("CITY"), and REDFLEX TRAFFIC
SYSTEMS, INC. ("CONSULTANT").
1. Section 2 of Agreement No. 08-00553 ("Agreement'), is hereby amended in its entirety to
read as follows:
"TERM. The term of this Agreement shall be on a month to month basis up to twelve
months commencing April 1, 2014 or until terminated by either party as set forth in Section
8."
2. Section 8 of the Agreement is hereby amended to replace subsections 8.A. and 8.B. with the
following language:
"A. Deleted
B. Termination for Convenience: Either party may terminate this Agreement without cause
at any time by giving 30 days written notice to the other party. In such instance,
CONTRACTOR shall only be entitled to the payment of any amounts described in Exhibit
"D" owed for such 30 day notice period."
3. This Amendment may be executed in any number or counterparts, each of which will be an
original, but all of which together constitutes one instrument executed on the same date.
4. Except as modified by this Amendment, all other terms and conditions of Agreement
No. 08-00553 remain the same.
[SIGNATURES ON NEXT PAGE]
Revised 112011
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IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year
first hereinabove written.
FOR CONSULTANT:
Print Name & Title
Date:
FOR CITY OF SANTA CLARTPA:
KENNETH W. STRIPLIN, CITY MANAGER
0
City Manager
Date:
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By:
City Attorney
Date:
Revised 12011
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