HomeMy WebLinkAbout11302RESOLUTION NO. 11302
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND
AMERICAN TRAFFIC SOLUTIONS, LLC., FOR THE INSTALLATION, MAINTENANCE AND
OPERATION OF THE RED LIGHT TRAFFIC SAFETY CAMERA PROGRAM AND AUTHORIZING
THE PURCHASING AGENT TO EXECUTE SAME
WHEREAS, proposals for the Traffic Safety Camera Program Project, No. 07 -063 have
been received and examined;
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Agreement between the City of Pueblo and American Traffic Solution, LLC., for the
Traffic Safety Camera Program Project, No. 07 -063, a copy of which is attached hereto, having
been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to execute the said Agreement on
behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto
and attest the same.
INTRODUCED Mav 27. 2008
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # (�
DATE: May 27, 2008
DEPARTMENT: POLICE DEPARTMENT
CHIEF OF POLICE - JAMES BILLINGS
PUBLIC WORKS
DIRECTOR - DANIEL E. CENTA, P.E.
MUNICIPAL COURT
JUDGE -WILLIAM ALEXANDER
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A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO
AND AMERICAN TRAFFIC SOLUTIONS, LLC., FOR THE INSTALLATION,
MAINTENANCE AND OPERATION OF THE RED LIGHT TRAFFIC SAFETY CAMERA
PROGRAM AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME
ISSUE
Should City Council enter into an agreement with American Traffic Solutions, LLC., to provide
the City with a photo red light enforcement camera systems.
Approval of the Resolution
BACKGROUND
On June 11, 2007, at work session, Police Chief Jim Billings, Judge William Alexander and Dan
Centa, Director of Public Works, gave an informational presentation in regard to a proposal to
implement the Photo Red Light Enforcement in the City of Pueblo. Following the discussion it
was the consensus of the Council that the proposal is a worthy and credible idea and asked
Chief Billings to move forward and begin the process for an RFP and pursue the proposal. Staff
has evaluated vendor proposals and is recommending the City enter into an agreement with
American Traffic Solutions, LLC. to provide said system.
Those locations being considered for the use of the photo enforcement cameras, are high
accident locations with a large number of broadside accidents occurring. The top locations
are:
Intersection Avg. Accident Count
• US HWY 50 & Elizabeth Street 47
• Northern Avenue & Prairie Avenue 38
• Pueblo Blvd & Northern Avenue
30
• US HWY 50 & Dillon Drive
28
• 29 Street & Elizabeth Street
21
• 8 th Street & Hudson Avenue
13
The intersection of US HYW 50 & Fortino Blvd / Morris Avenue will be considered once
construction on US HWY 50 is completed. Cameras will be removed or relocated as necessary.
FINANCIAL IMPACT
The Photo Red Light Enforcement program is anticipated to be a self- supporting program.
Violators of a red light indication will be issues a ticket of $75.00.
The monthly fee for a photo enforcement camera per approach ranges from $5,095 to $5,595,
depending on the intersection configuration.
AGREEMENT
r
THIS AGREEMENT ( "Agreement ") is made and entered thiscl-- day of M &4.
2008 by and between AMERICAN TRAFFIC SOLUTIONS, LLC., a Delaware limited liability
company, hereinafter referred to as "Contractor" and the City of PUEBLO, a Municipal corporation,
hereinafter referred to as "City ".
WHEREAS, pursuant to the provisions of Ordinance No. 6119 passed and approved by City
Council on September 9, 1996, and Ordinance No. 7207 passed and approved by City Council on
2008, hereinafter collectively referred to as the "Ordinance ", the City has
established a program, consistent with state law, for deployment of traffic signal camera systems at
qualifying intersections located within the City of Pueblo, Colorado, and
WHEREAS, Contractor represents that it has the requisite knowledge, equipment and
personnel to supply current state -of the -art traffic signal camera equipment and devices, install, wire,
program and test the same at signalized intersections, process the photographic or digital images
recorded by such equipment and prepare (as a ministerial function) civil penalty assessment notices for
review and issuance, when appropriate, by authorized police officers or reserve police officers of City;
and
WHEREAS, in response to City's Request for Proposals — Project No. 07 -063, "Traffic Safety
Camera Program" (hereinafter referred to as the ( "RFP "), Contractor has submitted a written proposal
to City dated November 9, 2007 and as supplemented on February 19, 2008 (together "Contractor's
Proposal ") to furnish said equipment and services in accordance with the RFP and Contractor's
Proposal, and the terms of this Agreement and attachments hereto, which has been deemed acceptable
and in the best interests of the City.
NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions
set forth herein, the parties agree as follows:
1. Definitions
(a) As used in this Agreement, the terms "civil penalty assessment notice ", "traffic signal
camera ", "owner" and "person" shall have the meanings ascribed to such terms by the Ordinance.
(b) "Violation" shall mean an occurrence involving a specific vehicle, identified through
its license plate letters and numbers, which is shown by or through images and information recorded
by a traffic signal camera, to have disregarded a steady circular red signal or steady red arrow signal
displayed to such vehicle, contrary to and in violation of section 604(1)(c) of the Model Traffic
Code, as adopted and amended by City.
(c) "Camera unit" shall mean each complete traffic signal camera system, using a state of
the art, single, high resolution digital camera per four traffic lanes, as actually deployed at an
intersection, including one or more discrete cameras, digital recording devices, or imaging devices as
part of such signal camera system, together with all wiring, mountings, poles, programming,
computers, sensors, devices and ancillary equipment so as to accurately photograph and record
violations.
(d) All other tenns used herein shall have the meaning ascribed to same by the Model
Traffic Code for Colorado Municipalities, as adopted and amended by Title XV of the 1971 Code of
Ordinances of the City of Pueblo, as amended.
2. Equipment and Services To Be Provided by Contractor During the term of this Agreement,
Contractor shall timely provide the following equipment and services.
(a) Contractor shall fumish and expeditiously install in accord with Appendix "A," and
maintain in good working order at all times, the number of camera units specified in the Equipment
List attached hereto as Appendix "A". All poles, mountings, wiring, connections, computers,
sensors, devices, panels, conduit, antennas, excavation, labor, and barricades and traffic control
during installation, required or desirable to install and render the camera units fully operational shall
be considered incidental to the installation of the camera units and included as part of the equipment
and services to be provided by Contractor. Subject to the restrictions set forth in the Ordinance, the
street or highway intersections where camera emits are to be installed shall he selected by City in
consultation with Contractor. In the event any intersections selected by City are part of the state
highway system, Contractor shall also comply with all requirements imposed by the Colorado
Department of Transportation ( "CDOT ").
(b) From time to time and at City's expense, City may direct that one or more camera
units be removed and relocated to a different intersection; provided, however, that City will not
require such relocation for any camera unit more frequently than once every 60 calendar days. In
such event, Contractor will furnish all labor and equipment, and all incidentals, to remove, relocate
and render such camera units fully operational at the new intersection. In installing or relocating
2
the camera units, Contractor shall take special care to avoid, to the greatest extent possible, damage
to City's traffic signal system, poles, lights, computers, wires, sensors and road. To the extent that
installation or relocation causes any damage to City's traffic signal system, poles, lights, computers,
wires, sensors or roads, adjacent sidewalk, curb and gutter, handicap ramp, landscaping or irrigation
equipment, or necessitates any protective devices, coverings or patch work, Contractor shall, at
Contractor's expense, provide such protective devices or coverings, perform such patch work, and
repair City's property to the satisfaction of City's Traffic Engineer, Contractor may leave
equipment and any ancillary devices in place with City's permission.
(c) Contractor shall furnish all image recording and storage materials used by the camera
units, replenish same as often as necessary with unexposed photographic materials or image
recording materials, and timely develop and/or process recording material. Contractor shall
carefully examine the processed recorded material from each camera unit not later than 30 days
after the earliest date for which the camera film or recording material has recorded information, and
with respect to any recorded material which purports to show a violation by an identifiable motor
vehicle, accurately identify the owner of the vehicle committing the violation, and prepare a civil
penalty assessment notice directed to such owner in such form as City may require. Contractor
shall transmit each prepared civil penalty assessment notice and all recorded information and other
background information relating to each notice, to City's Police Department for review and, in
proper cases, issuance of the notice by a police officer or reserve police officer of City.
(d) Contractor shall provide all reasonable and necessary training and certification to
City's police officers and other personnel who will be involved in any set -up, calibration, accuracy
testing, or operation of the camera units, or in the issuance and processing of penalty assessment
notices.
(e) Contractor shall make available for appearance in Pueblo Municipal court and the
County Court for Pueblo County, upon reasonable notice, expert witnesses as reasonably necessary
to provide foundation testimony for admissibility of camera unit recorded information and other
information set forth in the penalty assessment notices. Such expert witnesses shall be competent to
testify regarding the accuracy, technical operations and effectiveness of the camera units.
Contractor shall be compensated for such expert service as provided in Appendix "C."
(f) Contractor shall be responsible for all maintenance of the Camera Units and ancillary
devices. Contractor shall also repair and replace any defective camera units or components thereof
within three (3) days of either Contractor's discovery of any malfunction or defect, or receipt of
notice from City reporting any such malfunction or defect, whichever first occurs.
(g) Contractor shall designate a representative to whom all communications from City
shall be directed.
(h) If requested by City, Contractor will provide remittance services relating to penalty
assessments issued and mailed. ATS will establish a demand deposit account bearing the title,
"American Traffic Solutions, LLC. as agent for Customer" at U.S. Bank. All funds collected on
behalf of the Customer will be deposited in this account and transferred by wire the first business
day of each week to the Customer's primary deposit bank. The Customer will identify the account
to receive funds wired from U.S. Bank Customer shall sign a W -9 and blocked account agreement,
to be completed by the Customer, to ensure the Customer's financial interest in said U.S. Bank
account is preserved. Contractor will provide monthly accounting of all receipts to City.
(i) Contractor shall maintain an online web site "URL" location, which shall be
printed upon the penalty assessment notices prepared by Contractor, at which violators can
access and view, via the world wide web, the photos and video recorded with respect to the
violator's particular violation charged in a penalty assessment notice. If requested by City,
Contractor shall establish a secure online payment site linked to the aforementioned URL at
which violators can pay civil penalties and costs for penalty assessment notices online using
credit cards or debit cards.
0) Except to the extent inconsistent with the terms of this Agreement, Contractor
shall comply with all requirements and provisions of the RFP, as supplemented and modified by
the Contractor's Proposal, as if set forth herein. In the event of any conflict between documents,
this Agreement shall take precedence over the Contractor's Proposal and RFP in that order.
(k) All additional Contractor responsibilities are identified in Appendix A, Section 1.
3. City Responsibilities
(a) City will, with personnel assigned by its Police Department, review the civil penalty
assessment notices prepared by Contractor and Contractor will issue and mail those for which a City
police officer, reserve police officer or civilian police employee determines that reasonable grounds
exist for believing that a violation of section 604(1)(c) of the Model Traffic Code has occurred and
that the person to whom the penalty assessment notice is directed is liable pursuant to section 15-1 -
15(c) of the 1971 Code of Ordinances of the City of Pueblo, as amended.
(b) Subject to appropriations therefor, City will conduct its traffic signal camera
enforcement program in accordance with the general procedures established by the Ordinance.
Contractor and City each recognize and acknowledge that City's Municipal Court and the Judges
thereof are vested with substantial judicial discretion, and City shall not be liable for any alleged
breach or non - performance of this Agreement arising from or related to any judgments, rulings or
other actions of the Municipal Court or judges thereof with respect to traffic signal camera
enforcement cases or matters, provided however, City shall reimburse Contractor for all justified
costs which have been reasonably and properly incurred by Contractor in connection with the
termination of services due to any judicial decision which renders this agreement commercially
impracticable. These costs shall include all documented expenses incurred by Contractor or its third
party contractors for services required: to remove equipment; restore intersections; the actual costs of
non - reusable supplies as supported with a detailed auditable list; any settlements or wind -up costs to
satisfy third party contractors; reasonable severance compensation for any Contractor employee
dismissal caused by such judicial termination; and any accrued but unpaid costs incurred by
Contractor for installation, equipment or operational charges.
(c) City will designate a representative to whom all communications from Contractor
shall be directed.
(d) City will prosecute all civil penalty assessment notices in good faith and collect all
penalties expeditiously.
(e) All additional City responsibilities are identified in Appendix A, Section 2.
4. Payment
(a) City shall pay Contractor as full compensation for all services required to be
performed by Contractor under this Agreement as follows: the amount calculated in accordance
with the attached Appendix B, "Fee Schedule ".
(b) Contractor shall submit monthly applications for payment for all compensable
equipment and service items provided or rendered during the previous month; provided, however,
that if any item was completed or furnished in its entirety in any one month (such as, by way of
example, training), Contractor may request payment for the proportionate amount of the item
famished to City which provided benefit or value to City.
(c) Payments to Contractor for monthly camera use shall be reduced by an amount
calculated by multiplying the monthly charge by a fraction whose numerator equals the number of
days during the month that the camera unit was not fully operational and whose denominator is the
number of days in that calendar month.
(d) Provided the Contractor's monthly applications for payment are received by City
prior to the 20th day of any calendar month, City will issue payment for such amounts as are due
Contractor by the last day of the following calendar month.
(e) Any of City's payment obligations hereunder shall be an unconditional general
obligation of the City.
5. Ownership of Camera Units and Devices
(a) Contractor shall, at all times, retain ownership of the camera units it furnishes and all
ancillary devices and wiring furnished by Contractor which may be attached thereto. Upon the
expiration of the term of this Agreement, or upon termination of this Agreement as provided herein,
Contractor shall, at its own expense, remove its camera units, equipment, poles, mountings,
computers, wiring, connections and controls from City's intersections and fully restore and repair
City's property so as to leave City's traffic control systems, intersections and roadways fully
functional, protected and in the same condition as before Contractor installed its camera units;
provided, however, that Contractor may be permitted, upon approval of City's Director of
Transportation, to leave in place such wiring, connectors, traffic signal sensors, foundations and
items embedded in roadways as will not adversely affect or interfere with City's traffic control
systems, intersections and roadways. In the event any installation is located within roads which
constitute state highways, removal shall also comply with the requirements of CDOT.
(b) During the term of this Agreement, Contractor shall be responsible for maintaining its
camera units, equipment, poles, mountings, computers, wiring, connections and controls, and the
junctions between same and City's traffic control systems. City shall be responsible for
maintaining its traffic control systems and roadways.
(c) As between Contractor and City, Contractor shall bear all risk of loss to its camera
units, equipment, poles, mountings, computers, wiring, connections and controls caused by fire,
wind, storm, flood, war, acts of God, vehicular accidents, vandalism, theft and any other cause,
whether foreseeable or unforeseeable.
6. Term of Agreement This agreement shall comprise a series of one year renewable terms.
The first term of this Agreement shall commence on the date of the first paid notice from the first
installed camera and shall continue for 12 months unless sooner terminated as provided herein.
Each additional term shall commence immediately upon expiration of the prior term unless one or
other party gives written notice of termination at least 90 days in advance of the anniversary date of
the preceeding term.
7. Termination
(a) This Agreement may be terminated by City for cause, including any breach of this
Agreement or other material nonperformance by the Contractor, upon thirty (3 0) days prior written
notice to Contractor including a statement of the breach or nonperformance. Contractor may
thereafter cure any cureable non - performance during that thirty day period to avoid termination of
the Agreement.
(b) In the event Contractor disputes the occurrence of a breach or nonperformance, it may
request a hearing within ten (10) days of the date of service of the notice of termination. If a
hearing is requested, it shall be held before a hearing officer designated by the City Manager, who
may be an employee of the City. The determination of the hearing officer as to the cause of
termination and the appropriateness thereof shall be final and binding upon both City and
Contractor, subject only to review pursuant to Rule 106 of the Colorado Rules of Civil Procedure.
(c) In the event the Contractor fails or refuses to cure within said thirty days, or in the
event the breach or nonperformance is incapable of cure, the Agreement shall terminate as specified
in the notice of termination. In the event the Contractor believes it has effected a cure during the
thirty day period, and the City disagrees, Contractor shall notify the City of its disagreement within
five (5) days of the expiration of the cure period. Therafter, a hearing officer shall be appointed as
aforesaid to determine the issue, with such officer's determination to be final and binding subject
only to C.R.C.P. 106 review.
I. Independence of Contractor Contractor performs its functions under this Agreement as an
independent contractor, and nothing in this Agreement is intended, nor should it be construed, to
make Contractor or any of Contractor's agents or employees the agents or employees of City.
Contractor shall be solely and entirely responsible for its acts and the acts of its agents, employees
and subcontractors.
9. Insurance and Indemnity
(a) Contractor shall procure and will maintain during the term of this Agreement, such
insurance as will protect Contractor from claims under workers' compensation acts, claims for
damages because of personal injury including bodily injury, sickness or disease or death of any of its
employees or of any person other than its employees, and from claims or damages because of injury
to or destruction of property including loss of use resulting therefrom; and such insurance will
provide for coverage in at lease such amounts as set forth in subparagraph (b).
(b) The minimum insurance coverage which Contractor shall obtain and keep in force is
as follows:
(i) Workers' Compensation Insurance complying with statutory requirements in
Colorado and in any other state or states where the work is performed.
(ii) Comprehensive General and Automobile Liability Insurance with limits not
less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and occurrence for
personal injury, including but not limited to death and bodily injury, Six Hundred Thousand and
No /100 Dollars ($600,000.00) per occurrence for property damage, and One Million and No /100
Dollars ($1,000,000.00) for excess umbrella liability.
(c) Contractor agrees to hold harmless, defend and indemnify City from and against any
liability to third parties, arising out of negligent acts, errors or omissions of Contractor, its
employees, subcontractors and consultants.
(d) Contractor shall, at its expense, defend, indemnify and hold harmless the City against any
claim that the Contractor's equipment infringes any copyright, trade secret, patent or other
intellectual property right of any third party and will pay any costs, damages and reasonable attorney
fees awarded against City as a result of any such claim, provided that (i) City gives Contractor
prompt written notice of any such claim, and (ii) Contractor has the right to control the defense or
settlement of such claim.
10. Notices Any and all notices or other communications required or permitted by this
Agreement or by law to be served on or given to either the City or the Contractor by the other party
shall be in writing and shall be deemed duly served and given when personally delivered to the party
to whom it is directed, or in lieu of such personal service when deposited in the United States mail,
first -class postage prepaid, address to the City, Attention: Traffic Engineer, Department of
Transportation, 350 S. Grand Avenue, Pueblo, Colorado, or to the Contractor Attention: Chief
Operating Officer, American Traffic Solutions, LLC 7861 E. Gray Road, Scottsdale AZ 86260.
Either party may change its address for the purpose of this paragraph by giving written notice of
such change to the other party in the manner provided in this paragraph.
11. Entire Agreement: Amendments The provisions set forth in this Agreement, and all
Appendices and attachments to this Agreement, constitute the entire and complete agreement of the
parties hereto and supersede Contractor's proposal and all prior written and oral agreements,
understanding or representations related to the subject matter hereof. No amendment or
modification of this Agreement, and no waiver of any provision of this Agreement, shall be binding
unless made in writing and executed by the duly authorized officers of both the Contractor and City.
12. Assignability This Agreement shall not be assigned or transferred by either party without
the prior written consent of the other party. Any assignment or attempted assignment made in
violation of this provision shall, at the non - assigning party's election, be deemed void and of no
effect whatsoever.
13. Choice of Law. Choice of Forum This Agreement shall be governed and interpreted in
accordance with the laws of the State of Colorado. Except with respect to matters governed by
paragraph 7 of this Agreement, all unresolved disputes between the parties arising from or related to
this Agreement or the work to be provided hereunder shall be decided in a state court of competent
jurisdiction in Pueblo County, Colorado.
14. Equal Employment Opportunity In connection with the performance of this Agreement,
Contractor shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin, disability, age or sexual orientation. Contractor shall endeavor
to insure that applicants are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, national origin, disability, age or sexual orientation.
15. PERA LIABILITY The Contractor shall reimburse the City for the full amount of any
employer contribution required to be paid by the City of Pueblo to the Public Employees'
Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree
performing contracted services for the City under this Agreement. The Contractor shall fill out
the questionnaire attached as Appendix "D" and submit the completed form to City as part of the
signed Agreement.
16. State- Imposed Mandates Prohibiting Illegal Aliens from Performing Work
(a) At or prior to the time for execution of this Contract, Contractor shall submit to
the Purchasing Agent of the City its certification that it does not knowingly employ or contract
with an illegal alien and that the Contractor has participated or attempted to participate in the
"Basic Pilot Program" created in Public Law 208, 104 Congress, as amended and expanded in
Public law 156, 108 Congress, as amended, that is administered by the United States
Department of Homeland Security in order to confirm the employment eligibility of all
employees who are newly hired for employment in the United States.
(b) Contractor shall not:
(I) Knowingly employ or contract with an illegal alien to perform work under
this contract;
(II) Enter into a contract with a subcontractor that fails to certify to Contractor
that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract.
(c) The following state - imposed requirements apply to this contract:
(I) The Contractor shall have confirmed or attempted to confirm the
employment eligibility of all employees who are newly hired for employment in the
United States through participation in the Basic Pilot Program and, if the Contractor is
not accepted into the Basic Pilot Program prior to entering into this contract, that the
Contractor shall apply to participate in the Basic Pilot Program every three months until
the Contractor is accepted or this Contract has been fully completed, whichever occurs
earlier. This provision shall not be required or effective if the Basic Pilot Program is
discontinued.
(II) The Contractor is prohibited from using the Basic Pilot Program
procedures to undertake preemployment screening of job applicants while this Contract is
being performed.
(III) If the Contractor obtains actual knowledge that a subcontractor performing
work under this contract knowingly employs or contracts with an illegal alien, the
Contractor shall be required to:
A. Notify the subcontractor and the Purchasing Agent of the City
within three (3) days that the Contractor has actual knowledge that the
subcontractor is employing or contracting with an illegal alien; and
B. Terminate the subcontract with the subcontractor if within three (3)
days of receiving the notice required pursuant to subparagraph (c)(III)A. above
the subcontractor does not stop employing or contracting with the illegal alien;
except that the Contractor shall not terminate the contract with the subcontractor
if, during such three (3) days, the subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with an illegal
alien.
(IV) The Contractor is required to comply with any reasonable request by the
Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ")
made in the course of an investigation that CDLE is undertaking pursuant to its authority
under §8- 17.5- 102(5), C.R.S.
(d) Violation of this Section by the Contractor shall constitute a breach of contract
and grounds for termination. In the event of such termination, the Contractor shall be liable for
City's actual and consequential damages.
17. Severability If any provision of this Agreement is determined to be directly contrary to and
prohibited by law or the requirements of any federal grant or other program funding source, then
such provision shall be deemed void and the remainder of the Agreement enforced.
18. Signatures The persons signing this Agreement on behalf of each parry represent and
warrant that such persons and their respective party have the requisite power and authority to enter
in, execute and deliver this Agreement and that this Agreement is a valid and legally binding
obligation of such party enforceable against it in accordance with its terms.
IN WITNESS WHEREOF, the Contractor and the City have executed this Agreement as of
the date first above written and under the laws of the State of Colorado.
CITY OF PUEBLO,
City Ark
a Municipal Corporation
By
CONTRACTOR:
ATTEST:
cretary
AMERICAN TRAFFIC SOLUTIONS, LLC.
By
A D,o ✓r � ^`ciTCtN
Title: M AWA6 -6ok
[SEAL]
APPENDIX "A"
Scope of Work
ATS SCOPE OF WORK
1. AMERICAN TRAFFIC SOLUTIONS (ATS) SCOPE OF WORK
1.2 ATS IMPLEMENTATION
1.2.1 ATS agrees to provide a turnkey solution for Camera Systems to the Customer
wherein all reasonably necessary elements required to implement and operate the
solution are the responsibility of ATS, except for those items identified in Section 2
titled "Customer Scope of Work ". ATS and the Customer understand and agree
that new or previously unforeseen requirements may, from time to time, be
identified and that the parties shall negotiate in good faith to assign to the proper
party the responsibility and cost for such items. In general, if work is to be
performed by the Customer, unless otherwise specified, the Customer shall not
charge ATS for the cost. All other in -scope work, external to the Customer, is the
responsibility of ATS.
1.2.2 ATS agrees to make every effort to adhere to the Project Time Line agreed upon
between the parties.
1.2.3 ATS will assist the Customer with video evaluation of candidate sites using the
Axsis VIMS system.
1.2.4 ATS will install Camera Systems at a number of intersection approaches to be
agreed upon between ATS and the Customer after completion of site analyses. In
addition to any initial locations, the parties may agree from time to time to add to
the quantities and locations where Camera Systems are installed and maintained.
1.2.5 ATS will operate each Camera System on a 24 -hour basis, barring downtime for
maintenance and normal servicing activities.
1.2.6 ATS' in -house marketing department will assist the Customer with public
information and outreach campaign strategies. In addition, depending upon the
agreed -upon strategy, ATS may pay for agreed upon extra scope expenditures for
public relations consultants, advertising, or media relations provided that such extra
scope expenditures will be reimbursed to ATS from collected revenues.
1.2.7 ATS agrees to provide a secure web site (www.violationinfo.com) accessible to
citation recipients (defendants) by means of a Notice # and a PIN, which will allow
violation image and video viewing.
1.2.8 The Customer and ATS will complete the Project Business Process Work Flow
design within 30 calendar days of contract signature.
1.2.9 ATS normally shall provide technician site visits to each Camera System once per
month to perform preventive maintenance checks consisting of camera enclosure
lens cleaning; camera, strobe and controller enclosure cleaning; inspection of
exposed wires; and general system inspection and maintenance.
1.2.10 ATS shall repair a non - functional Camera System within 72 business hours of
determination of a malfunction.
1.2.11 ATS shall repair the Axsis VPS system within 1 business day from the time of the
outage. Outages of Customer internet connections or infrastructure are excluded
from this service level.
1.2.12 If the City uses ATS lockbox or epayment services, ATS will establish a demand
deposit account bearing the title, "American Traffic Solutions, Inc. as agent for
Customer" at U.S. Bank. All funds collected on behalf of the Customer will be
deposited in this account and transferred by wire the first business day of each
week to the Customer's primary deposit bank. The Customer will identify the
account to receive funds wired from U.S. Bank. Customer shall sign a W -9 and
blocked account agreement, to be completed by the Customer, to ensure the
Customer's financial interest in said U.S. Bank account is preserved.
1.3 ATS OPERATIONS
1.3.1 ATS shall provide the Customer with an optional one -time warning period up to 30
days in length at the outset of the program.
1.3.2 ATS shall provide the Customer with an automated web -based citation processing
system (AxsisTM VPS) including image processing, I" notice color printing and
mailing of Citation or Notice of Violation per chargeable event and a mailing of a
text only reminder notice. Each Citation or Notice of Violation shall be delivered
by First Class mail to the registered owner within the statutory period. Mailings to
owners responding to first notices identifying drivers in affidavits of non - liability
or by rental car companies are also included.
1.3.3 Subsequent notices (such as pre - collection letters) maybe delivered by First Class
or other mail means for additional compensation to ATS as agreed by the parties in
Appendix B.
1.3.4 ATS shall apply an electronic signature to the citation when authorized to do so by
an approving law enforcement officer.
1.3.5 ATS shall obtain in -state vehicle registration information necessary to issue
citations assuming that it is named as the Customer's agent.
1.3.6 ATS shall seek records from out -of -state vehicle registration databases and apply
records found to Axsis to issue citations for the Customer.
1.3.7 ATS shall provide an on -line court processing module, which will enable the court
to review cases, related images, correspondence and other related information
required to adjudicate the disputed citation. The system will also enable the Court
staff to accept and account for payments.
1.3.8 The AxsisTM VPS system, which provides the Customer with ability to run and
print any and all standard system reports.
1.19 If required by the court or prosecutor, ATS shall provide the Customer with, or
train a local expert witness able to testify in Court on matters relating to the
accuracy, technical operations, and effectiveness of the AxsisTM System until
judicial notice is taken.
1.3.10 In those instances where damage to a Camera System or sensors is caused by
negligence on the part of the Customer or its authorized agent(s), ATS will provide
Customer an estimate of the cost of repair. Upon authorization to proceed with the
repairs or replacement, ATS shall replace or repair any damaged equipment and
invoice for the pre- approved repair cost. ATS shall bear the cost to replace or
repair equipment damaged in all other circumstances.
1.3.11 ATS shall provide a help line to help the Customer resolve any problems
encountered regarding its Red Light Camera System and/or citation processing.
The help line shall function during the City's normal business hours.
1.3.12 As part of its turnkey system, ATS shall provide violators with the ability to view
violations online. This online viewing system shall include a link to the ATS
payment website(s) and may offer the opportunity to download an affidavit of non-
liability online. Online obtained affidavits, if approved by the court, shall be
directed to and processed by ATS and communicated to the Court via the Axsis
VPS transfer described above.
2. CUSTOMER SCOPE OF WORK
2.2 GENERAL IMPLEMENTATION REQUIREMENTS
2.2.1 Within 7 business days of contract execution, the Customer shall provide ATS with
the name and contact information for a project manager with authority to
coordinate Customer responsibilities under the Agreement.
2.2.2 Within 7 business days of contract execution, the Customer shall provide ATS with
the name and contact information for a Municipal Court manager responsible for
oversight of all Court- related program requirements
2.2.3 The Customer shall make every effort to adhere to the Project Time Line to be
agreed upon between the parties.
2.2.4 The Customer shall direct the Chief of Police or approved alternate execute the
ATS DMV Subscriber Services Agreement (Appendix E) to provide verification to
the State Department of Motor Vehicles, National Law Enforcement
Telecommunications System, or appropriate authority indicating that ATS is acting
as an Agent of the Customer for the purposes of accessing vehicle ownership data
pursuant to the list of permissible uses delineated in the Drivers Privacy Protection
Act 18 U.S.C. § 2721, Section (b) (1) and as may otherwise be provided or
required by any provision of applicable state law.
2.2.5 The Customer and ATS shall complete the Project Business Process Work Flow
design within 30 calendar days of contract signature.
2.3 STREETS AND TRAFFIC DEPARTMENT OPERATIONS
2.3.1 If the Customer chooses to move a Camera System to a new approach after initial
installation, it shall pay the costs to relocate the System.
2.3.2 Customer will design, fabricate, install and maintain red light camera warning
signs.
2.3.3 The Customer shall provide access to traffic signal phase connections according to
approved design.
2.3.4 Customer shall allow ATS to access power from existing power sources at no cost;
however, ATS shall not install any overhead power lines to camera units.
Customer shall allow or facilitate access to traffic signal phase connections to a
pull box, pole base, or controller cabinet nearest to each Camera System within the
Customer's jurisdiction.
2.3.5 The Customer shall not require ATS to provide installation drawings stamped by a
licensed civil engineer. However, ATS work product and drawings shall be
overseen and approved by an ATS PE and such deliverables shall conform to
applicable engineering norms and reflect the details of installation work to be
completed.
2.3.6 The Customer shall approve or reject ATS submitted plans within 7 business days
of receipt and shall limit iterations to a total of one revision beyond the initially
submitted plans. Total plan approval duration shall not exceed 10 business days.
2.3.7 The Customer shall not charge ATS or its subcontractor for building, constructions,
street use and /or pole attachment permits.
2.4 POLICE DEPARTMENT OPERATIONS
2.4.1 The Police Department shall process each potential violation in accordance with
State Laws and/or City Ordinances within 3 business days of its appearance in the
Police Review Queue, using AxsisTM to determine which violations will be issued
as Citations or Notices of Violation.
2.4.2 It is recommended that Police Department workstation computer monitors for
citation review and approval provide a resolution of 1280 x 1024.
2.4.3 For optimal data throughput, Police Department workstations should be connected
to a high -speed internet connection with bandwidth of T -1 or greater.
2.4.4 Police Department shall provide signatures of all authorized police users who will
review events and approve citations on forms provided by ATS.
2.5 COURT OPERATIONS
2.5.1 If Customer does not provide payment processing services, Customer shall use
ATS payment processing services.
2.5.2 Court shall provide a judge or hearing officer and court facilities to schedule and
hear disputed citations.
2.5.3 Court shall provide the specific text required to be placed on the Citation notice to
be issued by ATS within 45 calendar days of contract signature.
2.5.4 The Court shall approve the Citation form within 15 days receipt from ATS.
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2.6.1 In the event that remote access to the ATS Axsis VPS System is blocked by
Customer network security infrastructure, the Customer's Department of
Information Technology shall coordinate with ATS to facilitate appropriate
communications while maintaining required security measures.
Appendix B
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Monthly fee per approach up to 2lanes
Monthly fee per approach up to 4lanes
Additional 5` lane fee per month
Computer Kiosk
Third Party Delinquent Collections services.
$5,095
$5,395
$200
$10,455
30% of recovered accounts
(This does not mean billing and epayment services, but rather refers to collection by ATS of valid penalty assessment
notices which are more than ninety (90) days delinquent.)
Appendix C
EXPERT WITNESSES FEE SCHEDULE
$100 per hour plus travel and lodging.
However, to avoid unnecessary costs, ATS will train a City employee or employees at no
additional cost during system implementation to qualify such employee or employees as expert
witness(es).
APPENDIX "D"
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24 -51- 1101(2), C.R.S., salary or other compensation from the employment,
engagement, retention or other use of a person receiving retirement benefits (Retiree) through the
Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any
entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform
any service as an employee, contract employee, consultant, independent contractor, or through other
arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a
condition of contracting for services with the City of Pueblo, this document must be completed,
signed and returned to the City of Pueblo:
(a) Are you, or do you employ or engage in any capacity, including an independent
contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes , No
(b) If you answered yes to (a) above, please answer the following question: Are you an
individual, sole proprietor or partnership, or a business or company owned or operated by a PERA
Retiree or an affiliated party? Yes _, No _. If you answered yes please state which of the
above entities best describes your business:
(c) If you answered yes to both (a) and (b), please provide the name, address and social
security number of each such PERA Retiree.
Name
Address
Name
Address
Social Security Number Social Security Number
(If more than two, please attach a supplemental list)
Failure to accurately complete, sign and return this document to the City of Pueblo may result
in your being denied the privilege or doing business with the City of Pueblo.
If you answered yes to both (a) and (b), you agree to reimburse the City of Pueblo for any
employer contribution required to be paid by the City of Pueblo to PERA for salary or other
compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of
yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the
City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you
by the City of Pueblo under any current or future contract or other arrangement for services between
you and the City of Pueblo.
Signed
20
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N
For purposes of responding to question (b) above, an affiliated party includes (1) any person who is the named
beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA
Retiree by blood or adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person
who is a relative of the PERA Retiree by marriage to and including spouse, spouses parents, stepparents, stepchildren,
stepsiblings, and spouses siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share
or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA
Retirees regular salary or compensation.
DMV SERVICES SUBSCRIBER AGREEMENT
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A' TMM sa°a DMV Services Subscriber Agreement
ATS requires that your agency certify the intended use of the information made available to your
agency through our services and that such uses are in compliance with the Federal Driver's
Privacy Protection Act Title XXXI and other applicable laws governing dissemination of public
records. Based on your agency s intended use of such information, ATS will either grant
permission to use the service or deny the application_ Please specify any of the following
permissible uses under §2721 that apply:
❑ (1). For use by any government agency, including any court of law enforcement
agency, in carrying out its functions, or any private person or entity acting on
behalf of a Federal, State or local agency in carrying out its functions.
❑ (4) For use in connection with any civil, criminal, administrative, or afbitral
proceeding in any Federal, State, or local court or agency or before any self -
regulatory body, including the service of process, investigation in anticipation of
litigation, and the execution or enforcement of judgments and orders, or pursuant
to an order of a Federal, State, or ktcal court.
❑ (7) For use in providing notice to the owners of towed or impounded vehicles.
❑ (10) For use in connection with the operation of private toll transportation facilities.
In consideration of ATS making its Services available, Subscriber agrees to (t) utilize ATS
provided data only for the purpose(s) specified above; and (it) request such information only for
the Subscriber's exclusive use in the ordinary course of Subscriber's business and not for
resale.
I certify that I am authorized to execute the Subscriber Use Certification on behalf of the
Subscriber listed below. On behalf of such Subscriber, I certify that the above statements are
true and correct. Subscriber acknowledges and agrees that ATS may from time to time audit
Subscriber's use of ATS's Services to ensure that such use is consistent with the intended uses
set forth above and with all applicable laws.
This agreement shall be for year(s) commencing on the date below and Mall
automatically renew annually. This agreement may be terminated within 30 days notice of the
anniversary date, annually.
SUBSCRIBER INFORMATION
Subscriber AgencyfName
NLETS Agency ORI
Name of Authorized Representative
Tifte of Authorized Representative
Mailing Address:
City
I
I State:
ZIP Code:
Telephone:
{ )
Fax
( )
Email
Signature of Authorized Representative:
Date Signed