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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 keS, 1/30Z MEN E 0 LE 7 � ]L 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 1> hillm 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. f�.> ��I�I��7 7� /��[i]��II�LN.l�[i]SiZef'/_�l :: u ► • :. Mai] 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 fy�l�I.Y4,1�11J� 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 LZ 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 } a�P 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