City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
That the City Council, following a Public Hearing, authorize the installation of red
light camera technology at the intersections of Sepulveda Boulevard and Slauson
Avenue, Washington Boulevard and Helms Avenue, and National Boulevard and
Hayden Avenue, totaling six new approaches.
PROCEDURE:
1. Motion to receive and file the affidavit of publication and posting of notice of
Public Hearing.
2. Call for a staff report and/or pose questions to staff.
3. Mayor opens Public Hearing, invites public comments.
4. Motion to close the Public Hearing.
5. Mayor calls for staff responses to questions from the public.
6. Discuss the matter and make your decisions.
Meeting Date: 11/28/2005 Item Number: PH-1
AGENDA ITEM: Public Hearing Regarding an Increase in the Number of
Intersection Approaches Utilizing Photo Enforcement Equipment Operated under
the Police Department’s Automated Traffic Enforcement System.
Contact Person/Dept.: Lt. Ed Baughan Phone Number: (310) 253-6320
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [X] Action Item: [X] Attachments: [X]
Public Notification:
Publication in the Culver City News on November 3 and November 10, 2005.
Master notification List 11/23/05.
Department Approval:
John A. Montanio, Chief of Police
CAO Approval:
Martin Cole for Jerry Fulwood 11/15/05
City Controller Approval:
Marlee Chang 11/16/05City of Culver City, California
City Council Agenda Item Report
BACKGROUND/DISCUSSION:
On February 8, 1999, the City Council approved entering into a contract with Tellis
Traffic, Inc. for support services associated with the Police Department’s automated
photographic enforcement of red light violations. The contract was executed on
February 28, 1999.
On August 23, 1999, the City Council upon recommendation from the City Attorney
and the Police Department terminated the contract with Tellis Traffic. The City
Council authorized the Chief Administrative Officer to enter into a new contract with
Sensys Traffic AB, doing business as Traffic Safety Systems. On August 24, 1999,
the contract was subsequently amended by an interim agreement dated August 1,
2001.
On February 1, 2002, the City of Culver City and Traffic Safety Systems, Inc., a
wholly owned subsidiary of Redflex, a California corporation, entered into an
amended and restated agreement (Attachment 1). This current agreement calls for
the installation of at least 25 photo enforced intersection approaches. The
Department currently operates photo enforcement equipment at 20 intersection
approaches and recommends increasing that total to 26.
A total of six intersections were recently considered for installation. All are suitable
locations for the equipment. The City’s Traffic Engineer Manager Gabriel Garcia,
was consulted on this matter and endorsed the Police Department’s
recommendation as one of the most effective countermeasure against red light
running.
The incidences of red light running were captured on video. The results of the video
survey (Attachment 2) indicate there is a serious red light running problem at the
subject intersections. Conventional methods of enforcement pale in comparison to
automated means which operate 24 hours a day 365 days a year. For the past year
a total of 38 red light citations have been issued at these intersections. Based on
the video surveys, it appears that only a small fraction of the actual violators were
captured by conventional means and issued citations.
The Police Department staff believes it can successfully prosecute an average of 20
violations per day (7,300 citations annually) at the combined additional approaches.
However, more importantly, the Department’s staff believes that there will be a
reduction in the number of drivers running red lights at these approaches with a
decrease of accidents and injuries.City of Culver City, California
City Council Agenda Item Report
Collision reduction estimates are made based on pre and post red light camera
program data analysis. Since inception in 1999, there has been a 45% decrease in
collisions at the equipped intersections.
Similar reductions have been reported in other Southern California cities with red
light camera installations:
Oxnard: 55% decline
Garden Grove: 46% decline
Santa Ana: 16% decline
In May, 2005, the Orange County Grand Jury report on automated enforcement
compared Orange County cities with and without red light cameras. It found that
Anaheim (without photo enforcement) reported a 54% increase in traffic collisions.
Within the past six months a number of serious traffic collisions, including one
fatality, have occurred in the area of National and Hayden. In October, Department
staff met with the City’s Traffic Engineer Manager, Mr. Garcia, at National and
Hayden to discuss measures to impact the collision problem there. This was in part
in response to the urging of the local community to address the recent traffic
fatalities. All parties agreed that, although the primary factor related to the fatal
collision was not red light related, of all available remedies, a red light camera
installation would provide the greatest benefit from both engineering and
enforcement perspectives.
It should be noted that four of the six requested additional approaches are in the
east-end of the city. These installations would provide a balanced distribution of
photo enforcement throughout the city.City of Culver City, California
City Council Agenda Item Report
FISCAL ANALYSIS:
The current contract in Section 5(b) calls for a monthly payment of $2,347.10 per
intersection approach to Redflex or $563,304 annually. Six new approaches would
increase the Department’s fixed expenses by $14,082.60 per month or $168,991.20
annually. The increase would raise the annual total intersection approach
maintenance fee to $732,295.20.
Non fixed expenses of $40.00 per paid citation are anticipated to increase by
$16,800 per month or $201,600 annually based on an estimate of 420 paid citations
per month. Under this assumption fine revenue collected by the city will be $63,000
monthly or $756,000 annually.
It is anticipated that revenue generated by the citations will offset the ongoing
operational, maintenance, fixed and variable costs. Although it is anticipated that
the additional approaches will be revenue positive, that is not the intent of this
proposed increase of monitored intersections. The City and the Police Department
will incur additional cost savings through a reduction of accidents and a decrease in
resulting calls for paramedic, fire, and police services. More importantly, it is
expected that these intersections will be safer for motorists and pedestrians due to a
reduction in red light violations.
Although adding these additional intersections could potentially increase the
workload of the Photo Enforcement Section by an estimated 30%, the Police
Department is not requesting an increase in personnel.
It is anticipated that installation will be completed and the additional approaches
operating July 1, 2006, requiring an increase in the Department’s Automated
Enforcement budget for Fiscal Year 2006/07 by approximately $380,600.
Funds budgeted in Fiscal Year 2005/2006 for Automated Enforcement contract
expenses are $890,000. Funds budgeted in Fiscal Year 2004/2005 were $944,558.
ATTACHMENTS:
1. Amended and Restated Agreement dated February 1, 2002.
2. Video survey results table.
3. Notice of Public Hearing.City of Culver City, California
City Council Agenda Item Report
MOTION:
1. That the City council authorize increasing the number of photo enforcement
approaches by 6 to a total of 26:
2. That the City council authorize the Police Department to authorize Redflex Traffic
Systems, Inc. install photo enforcement equipment at the intersections of
Sepulveda Boulevard and Slauson Avenue, Washington Boulevard, and Helms
Avenue, and National Boulevard and Hayden Avenue.
3. Authorize the City Attorney to prepare any appropriate documents; and
4. Authorize the Chief Administrative Officer to execute any agreements required
for the increase in approaches.
MEETING DATE November 14, 2005
AGENDA ITEM Public Heanng Regarding an Increase in the Number of
Intersection Approaches Utilizing Photo Enforcement Equipment Operated under the
Police Department's Automated Traffic Enforcement System
ATTACHMENTS
Pages|109| Amended and Restated Agreement dated February 1, 1-13
2002 (Contract with Redflex)|109| Video survey results table 14|109| Notice of Public Heanng 15*
AMENDED AND RESTATED AGREEMENT
(Automated Red Light Enforcement Camera Systems)
(Traffic Safety Systems, Inc - the City of Culver City)
WITNESSETH
THIS AMENDED AND RESTATED AGREEMENT (the "Agreement ) is made and
entered into as of the 1st day of February 2002, by and between the City of Culver City ("City ')
a municipal corporation organized and existing under and pursuant to its charter and the Constitution
of the State of California, and Traffic Safety Systems, Inc , ("Traffic Safety") a California
corporation and wholly-owned subsidiary of Redflex, a California corporation ("Redflex )
WHEREAS, City and Traffic Safety entered into an agreement dated August 24, 1999
("Original Agreement") as subsequently amended by an intenm agreement dated August 1 2001
("Interim Agreement"),
WHEREAS, motor vehicle operators violating the California Vehicle Code pose a serious
threat to the lives and property of the residents of and visitors to the City,
WHEREAS, violation of Vehicle Code Section 21453, failing to stop for a red light, has been
shown to pose a significant nsk to life and property,
WHEREAS, the installation and operation of Traffic Safety s automated red light
enforcement camera system (the "System") has successfully decreased accidents by 46% at the
Culver City intersections equipped with the Systems,
WHEREAS, the Culver City Police Department and the City Traffic Engineer have evaluated
the System s functions and operation and determined them to be appropnate for the City's needs,
WHEREAS, City desires to continue to hire Traffic Safety, and Traffic Safety desires to be
hired by City, to service, maintain and operate the Systems currently installed at various City
intersections and to install, service, maintain and operate further Systems at intersections designated
by the City, and to provide necessary documentation for the issuance of traffic citations to motorists
in violation of California Vehicle Code Section 21453 ("Documentation"),
WHEREAS, pursuant to Culver City Municipal Code § 3 07070, the Chief Administrative
Officer of the City has made the determination based upon all available data that basing the
Agreement on competitive quotations is not practical,
WHEREAS, City and Traffic Safety desire that this Agreement supersede the Ongmal
Agreement and the Interim Agreement, each of which shall be of no further force or effect
NOW THEREFORE, in consideration of the premises and the respective covenants and
1431400003-12499605|10 10|Attachment 1
Page- 1 -agreements hereinafter contained the parties hereto agree as follows
•
•
Section 1 Scope of Services Traffic Safety agrees to securely install new Systems and to
service maintain and operate all existing and future Systems in City according to the specifications
set forth in Attachments A and B (` Scope of Services ) hereto, and to provide Documentation and
to prepare the Notices to Appear for issuance of citations by the Culver City Police Department to
motorists for the violation of California Vehicle Code Section 21453 (collectively and individually,
the Services ) all under the direction and control of the Chief of Police, or the Chief's designee
(the Chief of Police and the Chief's designee, collectively and individually, the 'Police Chien The
Services shall include the secure installation, service and maintenance of technologically updated
equipment (whether or not to be installed or incorporated into Systems) as it becomes available to
Traffic Safety, including but not limited to the upgraded 24 Gigahertz radar unit The Services shall
also include, with City Council approval the "collision avoidance system' ("SICAS '), to be
securely installed, serviced and maintained in all intersections in which Systems are installed, as
SICAS becomes available to Traffic Safety, at no additional cost to City In the event the
installation, service maintenance or operation of the Systems requires Traffic Safety to cut into the
City streets or sidewalks Traffic Safety shall do so in a manner that does not disturb or affect any
underground cabling, wiring or other connections serving City or any residents of City and shall
restore at its sole cost and expense any disturbed pavement exterior surface or interior foundation
or connections to its/their original condition to the satisfaction of the City s Public Works Director
At intersections where the Systems are installed, Traffic Safet) shall insure that yellow change
intervals are maintained in accordance with accepted traffic engineering and safety standards as set
forth by the California Department of Transportation Traffic Manual and/or nationally accepted
standards in the field All costs and fees associated with installing new Systems and/or upgrading
existing Systems shall be the sole responsibility of Traffic Safety
•
Section 2 Term of the Agreement The term of the Agreement shall commence on the
date it is signed on behalf of the City (such date being referred to as the Effective Date" ) Traffic
Safety shall service, maintain and operate the existing seven (7) Systems, consisting of fifteen (15)
approaches at the traffic intersections chosen and approved by the Police Chief (specifically, at the
intersections of Washington and La Cienega, Green Valley Circle and Sepulveda, Machado and
Jefferson Washington and Beethoven, Duquesne and Jefferson Slauson and Buckingham, and Cots
and Jefferson), and shall securely install, service, maintain and operate at least ten (10) additional
Systems at not less than four (4) traffic intersections to be selected by the Police Chief The
Agreement shall continue in full force and effect until midnight, local time five (5) years after the
Effective Date, unless the Agreement is terminated earlier pursuant to the terms hereof At the
conclusion of such initial five (5) year penod, City may, m its sole discretion, extend the term of the
Agreement for one (1) year by providing Traffic Safety with notice in writing not less than twenty
(20) days prior the expiration of such five (5) year period The period during which this Agreement
shall be in effect is referred to as the 'Term'
Section 3 Equipment Ownership All Systems and other Traffic Safety equipment
installed, serviced, maintained and operated by Traffic Safety to fulfill its obligations under this
Agreement is, and shall remain at all times, the exclusive property of Traffic Safety In the event this
1431400003 1249960 5
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Attachment I
Page- 2-•
•
Agreement is terminated by either party, Traffic Safety shall remove all Systems and other
equipment installed by it, at its own expense, within thirty (30) days after termination of the
Agreement
Section 4 Representations and Warranties Traffic Safety represents and warrants the
following
a Traffic Safety is a corporation duly organized validly existing and in good standing
under the laws of the State of California and has all requisite corporate power and authority to
execute, deliver and perform its obligations under this Agreement, to consummate the transactions
contemplated hereby, and to own, operate install, service and maintain the Systems and to carry on
its business as it is presently being conducted
The execution, delivery and performance of this Agreement by Traffic Safety, and
the consummation of the transactions contemplated hereby, have been duly and validly authorized
by Traffic Safety's Board of Directors on and as of the Effective Date On the Effective Date, this
Agreement constitutes a valid and binding obligation of Traffic Safety, enforceable against it in
accordance with its terms, except (i) that such enforcement may be limited by bankruptcy insolvency
or other similar laws affecting the enforcement of creditors' rights generally, (n) to the extent that
enforceability may be limited by California courts with respect to any "unconscionable" provisions
contained therein, and (iii) that certain of the covenants contained herein may not be specifically
enforceable and courts may award money damages rather than specific performance of contractual
provisions involving matters other than the payment of money
The Systems (and each of the components thereof), installed, serviced, maintained
and operated by Traffic Safety in Culver City in accordance with this Agreement do not infringe any
valid United States patent, copyright or trade secret, or violate the rights (proprietary or otherwise)
of any other persons or entities
The execution, delivery and performance of this Agreement by Traffic Safety and
consummation by Traffic Safety of the transactions contemplated hereby, will not, with or without
the giving of notice or the lapse of time, or both (a) violate any provision of law, statute, rule,
regulation or executive order to which Traffic Safety is subject, (b) violate any judgment, order, writ
or decree of any court applicable to Traffic Safety, or (c) result in the breach of or conflict with any
term, covenant, condition or provision of Traffic Safety's charter documents, as amended, (including,
without limitation, its Articles of Incorporation and Bylaws), or any commitment, contract or other
agreement or instrument to which Traffic Safety is a party or by which any of its properties or assets
may be bound
There are no actions, suits, proceedings or governmental investigations or inquiries
pending or, to the best knowledge of Traffic Safety, threatened against Traffic Safety, which, in the
reasonable judgment of Traffic Safety, would prevent the consummation of the transactions
contemplated hereby, or, if determined adversely to Traffic Systems, have a material adverse effect
on Traffic Safety's business, assets or operations, financial or otherwise
1431400003-1249960 5
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•
Attachment I
Page- 3-Traffic Safety has good and marketable title to, and ownership of, all equipment,
inventory, general intangibles and/or any other product or device forming a part of or used in
connection with the operation or maintenance of, the Systems, free and clear of any and all security
interests, liens, claims and encumbrances
Section 5 Fees and Billing
a (i) In return for installing servicing maintaining and operating
the Systems,
beginning on the Effective Date and during the Term, Traffic Safety shall receive payment (the "Per-
Citation Payment ') for each fine (bail amount) successfully collected as a direct result of the
operation of the System, in the amount of forty dollars ($40 00) per citation A fine shall be deemed
to be
successfully collected hereunder lithe amount received as payment is at least half the amount
shown on the bail schedule for a violation of § 21453 of the California Vehicle Code The number
of successfully collected tickets shall be determined from remittance advises funushed to the City
by the Courts The City shall furnish to Traffic Safety a copy of the remittance advises it receives
from the Court within five (5) business days after such receipt City and Traffic Safety, each, reserve
the right to review the Court records and dispute the amount owed by City to Traffic Safety for up
to one hundred eighty (180) days after receipt of such remittance advises
•
(n) If the fine (bail amount) for violation of California Vehicle Code Section 21453
is increased by the State of California subsequent to the Effective Date resulting in an increased
payment to City, the amount owed to Traffic Safety, shall increase proportionately For example,
if the City s share of the fine increases by 5%, Traffic Safety s Per-Citation Payment under this
subparagraph (a) shall increase by 5%
In addition to the Per-Citation Payment, City shall pay to Traffic Systems a monthly
fee in the amount of Two Thousand, Three Hundred Forty Seven Dollars and Ten Cents ($2,347 10)
for each functioning approach containing an operational System within the City ("Monthly Fee")
A System shall be deemed to have a functioning approach and be operational for purposes of this
Agreement when the Culver City Police Department determines that the System is then issuing
citations under the California Motor Vehicle Code without defect or malfunction In the event a
System is not deemed by the Culver City Police Department to have a functioning approach or not
be operational for part of a month, either because it is installed mid-month or is m need of repair for
part of a month, the Monthly Fee for such month shall be prorated based upon a thirty (30) day
month
a. It is specifically understood by the parties hereto that there shall be no cost, charge
or fee whatsoever to the City for the installation of any new System, or for the service, maintenance,
operation ancVor upgrade of existing and future Systems or for the performance of the Services, other
than the Per-Citation Payment and the Monthly Fee
•
Traffic Safety will send either one (1) or two (2) monthly invoices to City that reflect
the Per-Citation Payment and/or the Monthly Fee owed by City to Traffic Safety for such month
1431400003-12499605
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Attachment 1
Page- 4-•
City shall pay each invoice within thirty (30) days of its receipt of such invoice
Section 6 Appeals In the event the System the administration of the issuance of traffic
citations and/or the citations themselves and/or the collection of fines in connection therewith are
in any way challenged or contested in the appellate division of any court City shall immediately
inform Traffic Safety Traffic Safety shall pay fifty percent (50%) of any and all reasonable costs
associated with the defense of such challenge or contest, including but not limited to, reasonable
fees and expenses of an attorney selected by the City in consultation with Traffic Safety Traffic
Safety further agrees to indemnify the City for fifty percent (50%) of any costs, damage award or
liabilities the City may Incur as a result of such challenge or contest, (including, without limitation,
reasonable attorney s fees and out of pocket expenses) unless the appellate court determmes that the
City was more than 50% negligent in connection with the matter for which the appeal was taken in
such event, Traffic Safety s indemnification obligation under this paragraph 6 shall be
proportionately reduced to reflect the relative fault of Traffic Safety and the City
Section 7 Indemnification Traffic Safety shall protect defend indemnify, and hold
harmless City and its elected officials and appointed boards, commissions officers, agents and
employees from any and all claims causes of action, costs liabilities expenses or damages of any
nature ( Damages ) relating to or arising out of (a) the breach by Traffic Safety of any
representation, warranty or covenant made by It hereunder, (b) the operations of Traffic Safety, other
than pursuant to this Agreement, and/or (c) injury (including death or disability) to property or to any
person arising out of or in connection with the installation, operation and/or maintenance of the
Systems by Traffic Safety
In the event that Traffic Safety and City are sued by a third party for damages caused, or
allegedly caused, by the installation or maintenance of a System, Traffic Safety shall not be relieved
of its indemnity obligation to City by any settlement with any such third party unless the settlement
is approved in advance by City, or includes a full release and dismissal of all claims by such third
party against City
Section 8 Insurance Without limiting its obligations pursuant to Section 7 above, Traffic
Safety shall obtain and cause to remain in full force and effect during the Term
a General Liability Insurance in the amount of one million dollars ($1,000,000)
Excess Liability Umbrella Form in the amount of one million dollars
($1,000,000)
Workers' Compensation Insurance in
the statutorily required amount
City and its agents employees, elected and appointed officers and officials shall be
additional named insureds under all such insurance policies,
and none of such policies may be
amended, cancelled or modified unless City shall have been given at least thirty (30) days prior
notice thereof In addition prior to installing and beginning to operate any System, Traffic Safety
1431400003 1249960 5
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Attachment I
Page- 5-
•shall submit an Additional Insured Endorsement from its Insurance carrier naming City, its agents,
employees and elected and appointed officers and officials as additional insureds Notwithstanding
any other provision of this Agreement to the contrary this Agreement shall not become effective
unless and until Traffic Safety provides City with one or more certificates of insurance and additional
endorsements as set forth above confirming Traffic Safety's compliance with the terms of this
Section 8
Section 9 Termination Anything herein to the contrary notwithstanding, either City or
Traffic Safety may terminate the Agreement with or without cause, upon sixty (60) days written
notice Upon any such termination, all rights and duties of the parties shall terminate,
except that,
if either party terminates as a result of the other party s breach of any term hereof (and such breach
has not been cured within thirty (30) days after notice from the non-breaching party) then such
termination shall be without prejudice to any rights or remedies the terminating party may possess
as a result of such breach Upon termination Traffic Safety shall remove, at its sole cost and
expense all Systems and other equipment which are then operating at City intersections, and will
repair any damages caused by such removal Notwithstanding the foregoing if requested by City
Traffic Safety shall cooperate with City in the timing of its removal of the Systems and other
equipment so as to minimize the disruption caused thereby Provided Traffic Safety shall not then
be in breach of this Agreement City shall pay to Traffic Safety, within thirty (30) days following
termination, the amount of the Per Citation Payment and Monthly Fee to which it is entitled up
through the date of termination (pro rated on the basis of a thirty (30) day month if applicable) For
purposes of calculating the Per Citation Payment, Traffic Safety shall be entitled to receive all fines
(bail amounts) collected on citations Issued up to and including the date of termination
Section 10 Notices All notices, demands, consents or other communications required or
permitted hereunder ("Notices") must be in writmg and shall be addressed to the parties as follows
•
1431400003-12499605
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Attachment 1
Page- 6-
•
•S
•
To the City
To Traffic Safety
Eric Shapiro, City Controller
City of Culver City
9770 Culver Blvd
Culver City, CA 90232
Fax (310) 253-6010
Karen Finley Vice President
Traffic Safety Systems Inc
5813 A Uplander Way
Culver City, CA 90230
Fax (310) 642-0142
with copies to
Ted Cooke, Chief of Police
Culver City Police Department
4040 Duquesne Avenue
Culver City, CA 90232
Fax (310) 253-6115
and
David E Cranston, Esq
Greenberg, Glusker, Fields,
Claman, Machtmger & Kinsella LLP
1900 Avenue of the Stars, Suite 1900
Los Angeles CA 90067
Fax (310) 553-0687
with copies to
Redflex Traffic Systems, Inc
15029 North 74" Street
Scottsdale Arizona 85260
Fax (480) 607-0752
and
Michael B Miller, Esq
Alschuler Grossman, Stein and
Kahan LLP
2049 Century Park East, 39 th Floor
Los Angeles CA 90067
•
All Notices shall be deemed given on the date of transmission Of sent by electronic mail or
facsimile), or on the date of receipt Of sent by commercial messenger or overnight courier service)
or 72 hours after deposit m the United States mails, if mailed by registered or certified mail, return
receipt requested with postage prepaid, and duly addressed to the party to be notified. Any party may
change his/its address for purposes of this Section 10 by notifying others m accordance with this
Section 10
Section 11 Attorneys' Fees. If any action is brought in law or equity to enforce or interpret
any provision of the Agreement, the prevailing party shall be entitled to reasonable attorneys' fees
and reimbursement of its out-of-pocket expenses, in addition to any other relief to which it may be
entitled
Section 12 Assignment and Subcontracting The Agreement may not be assigned, nor
may any of Traffic Safety's duties or obligations hereunder be delegated, without the prior written
permission of City which may be given or withheld in its sole discretion Any such attempted
assignment or delegation without the pnor written permission of City shall be voidable and, at the
1431400003 1249960 5
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Attachment 1
Page- 7 -•
•
•
sole option of City, shall terminate the Agreement Under all circumstances Traffic Safety shall
remain liable to the City for all acts and omissions of its employees and/or agents, and/or any person
or entity with which Traffic Safety may contract from time to time to perform any of its obligations
under tlus Agreement Nothing contained in this Agreement shall create any contractual relationship
between the City and any subcontractor of Traffic Safety, nor shall this Agreement confer on any
other person or entity any rights or benefits hereunder
Section 13 Local Traffic Safety Office. Traffic Safety shall maintain an office within the
geographical boundanes of Culver City in which to perform the Services The office shall be open
and operating upon the signing of this Agreement by both parties The office shall be equipped and
stocked by Traffic Safety at its own expense and shall be staffed by Traffic Safety or Redflex
employees
Section 14 Police Department Support. The Culver City Police Department shall provide
such manpower support to Traffic Safety for the performance of the Services as the Police Chief, in
consultation with Traffic Safety, shall reasonably determine is necessary Manpower support may
be in the form of sworn and/or non-sworn personnel Traffic Safety agrees to provide to police
personnel at no additional charge to City, all necessary training in the operation of the System at the
discretion of the Chief of Police
Section 15 Independent Contractor Status At all times during the performance of the
Agreement, Traffic Safety shall be an independent contractor of City and shall not be, nor hold itself
out to be, nor hold its employees, officers or agents out to be employees, officers or agents of the
City In no event may Traffic Safety, or any of it employees, officers or agents bind City in any
manner whatsoever
Section 16 Product Ownership The Documentation, reports, and work matenals prepared
by Traffic Safety for the City in the performance of the Agreement, including, but not limited to, any
and all data, documents memoranda, sketches, drawings photographs, negatives, audio tapes, video
tapes, and computer disks (collectively and individually, the "Data"), shall be and shall remain the
property of City Traffic Safety acknowledges that to the extent all existing
and future Data
constitutes a work made for hire pursuant to the defuution of a "work made for hire" in 17 U S C
§101, such Data shall be considered a work made for hire in which City owns the copyright. To the
extent the Data does not constitute a work made for lure pursuant to 17 U S C §101,
all right, title
and mterest m the copyright (US and foreign) in all existing and future Data are hereby assigned by
Traffic Safety to City Traffic Safety shall have the right to retain copies of the Data. Traffic Safety
acknowledges that the Data shall be and shall remain confidential, and shall not be made available
to any individual or organization without the pnor written consent of City Upon demand of the City,
the Data shall be delivered to the City without additional cost or expense to City
Section 17 Busmess Licenses and Permits Traffic Safety, and subcontractors if any, shall
obtain all necessary documentation, including, but not limited to, any and all certificates, licenses
1431400003-12499605
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Page- 8-and permits which are required to do business in City
Section 18 Force Ma'cure If Traffic Safety shall be rendered unable wholly or in part to
carry out its obligations under the Agreement by reason of 'force majeure (as hereinafter defined)
then except as otherwise expressly provided in the Agreement Traffic Safety shall give notice and
full particulars of such force majeure event in writing to the City within a reasonable time after
occurrence of the applicable event, and upon such notice the obligations of Traffic Safety so far as
they are affected by such force majeure shall be suspended during the continuance of the inability
then claimed, which shall include a reasonable time period for the removal of the effect thereof, but
for no longer period Traffic Safety shall endeavor to remove or overcome such inability with all
reasonable dispatch
The term 'force 'impure means (in) acts of God, (n) strikes lockouts or other industrial
disturbances ("Labor Actions"), (m) acts of the public enemy (including acts of terrorism), (iv)
orders of any kind of the Government of the United States or of the State or any civil or military
authority (v) epidemics, landslides, lighting, earthquakes fires, hurricanes storms floods, washouts
droughts explosions (vi) insurrections riots, arrests, restraining of government and people, civil
disturbances (vii) partial or entire failure of utilities, ( yin) shortages of labor material or supplies
or transportation, or (iv) any other similar or different cause not reasonably within the control of
Traffic Safety
It is understood and agreed that the settlement of existing or pending Labor Actions shall be
entirely within the discretion of Traffic Safety, and that the above requirement that any force majeure
event shall be reasonably beyond the control of Traffic Safety and shall be remedied with all
reasonable dispatch shall be deemed to be met in the case of any such Labor Actions even though
such Labor Actions could have been settled by acceding to the demands of the opposing person or
persons
Section 19 Wavier, Cumulative Remedies Waiver by either party of any breach by the
other party of any term covenant or condition herein contained shall not be deemed a waiver by such
waiving party of such term, covenant or condition or any subsequent breach of the same or any other
term, covenant or condition herein contained No right or remedy which any party hereto may
possess or elect to exercise shall be exclusive of any other right or remedy, all of which shall be
cumulative and in addition to all such rights and remedies
Section 20 Entire Agreement This Agreement, (together with all Attachments hereto
which are incorporated herein by this reference) constitutes the entire agreement and understandmg
among the parties with respect to the subject matter hereof and supersedes all prior agreements,
representations warranties, statements, pronuses and understandings, whether written or oral, with
respect to such subject matter No party hereto shall be bound by or charged with any written or oral
agreements, representations, warranties, statements, promises or understandings not specifically set
forth in this Agreement
Section 21 Headmas The section and other headings contained in this Agreement are for
reference purposes only and shall not be deemed to be a part of this Agreement or to affect the
1431400003 1249960 5
9-
Attachment I
Page- 9-
ITRAFFIC SAFETY SYSTEMS, INC
By
KAREN FINLE
Vice President
Dated ," Aa/i-c ---A
7, -°-
[Signatures continued on following page]
-10-
1431400003-12499605
REDFLEX
By
KAREN FINLEY
Vice President
meaning or interpretation of this Agreement or any term or provision hereof
Section 22 Counterparts This Agreement may be executed in any number of
counterparts, each of which, when executed, shall be deemed to be an original and all of which
together shall constitute one and the same instrument
Section 23 Governing Law This Agreement shall be governed by, and construed (as to
both validity and performance) and enforced in accordance with the laws of the State of California
applicable to contracts executed and to be wholly performed therein
Section 24 Severabilitv, Construction If any term or provision of this Agreement shall,
to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected
thereby, and each other term and provision of the Agreement shall be valid and enforced to the
fullest extent permitted by law Both Traffic Safety and City have participated in the negotiation and
drafting of this Agreement Accordingly each of Traffic Safety and City waives any statutory
provision judicial decision or other rule of law to the effect that contractual ambiguities are to be
construed against the party who shall have drafted the provision in question
Section 25 Amendments This Agreement may only be amended in writing and signed by
a duly authorized officer of each party
IN WITNESS WHEREOF, the parties hereto have caused their names to be hereunto
subscribed
Dated 72f ,,,d22,cjg__Z7
Attachment I
Page- 10 -rtL 1J
MICHAEL THOMPSON
Interim Chief Administrative Officer
Dated cg-j--1-WAS By
By Dated 3
A' 1M-04-
CAROL A SCHWAB
City Attorney
By Dated
CITY OF CULVER CITY CALIFORNIA
APPROVED AS TO CONTENT
APPROVED AS TO FORM
GUARANTY
The undersigned, as parent of Traffic Safety, hereby unconditionally guarantees the timely
and complete payment and performance of each and every term, obligation and duty of Traffic Safety
pursuant to the terms of the above Agreement, uicluding, but not limited to, any and
all
representations, warranties and covenants of Traffic Safety
RED-FLEX
1431400003-1249960 5
Attachment 1
Page- 11 -•
Attachment A
Scope of Services
Dunng
the Term Traffic Safety will provide the following|109| The technology required to administer the System to include the cameras, radar, flash and
computers required to operate such System at the intersection at which the System is
installed|109| The financing of all costs to deliver the technology described in paragraph 1 of this
Attachment A|109| Installation of the required poles, cameras, detection device, flashes and required
electrical connections|109| Film or digital to be used to capture the images of violators|109| Retrieval of film deployment data at a minimum of every 48 hours for initiation of the
processing and examination
•|109| Development of film to maximize the images for examination and processing through
Verification One (V I ) and Verification Two (V2)|109| Scanning and digitizing of the film, and film archiving for retrieval when necessary for
any Court heanngs
8 Retrieval of Department of Motor Vehicle ownership information once a violation has
been established at the V1 stage That information will be recorded into the computer
software program and archived with the images|10 9| Examination of the images and data and comparison with DMV results as an additional
quality control measure to again venfy the violation
10 Storage of the citation data, including images (photographs), for review by the Police
Department m connection with issuance of the citations, and delivery of a zapdisk (or
other electronic transmission) of the database, on a weekly basis, or as required by the
police personnel upon reasonable notice
11 Printing of the citations, and mailmg to the violators
12 Electronic transfer of the data to Expanded Traffic Records System (ETRS), administered
by the County of Los Angeles, with hard copies to the Culver City Police Department and
Culver Municipal Court
13 Annual calibration of each radar unit deployed in the City and issuance of calibration
1431400003-12499605
-12-
•
Attachment 1
Page- 12-I
certificate for each unit
14 Packaging of court materials for prosecution including the images to document the
violation, the negatives of the images the Certificate of Mailing, the maintenance and
calibration records Traffic Safety Systems, Inc , will be notified a minimum of two
weeks in advance of a court appearance to prepare the evidence package
15 Testimony and/or expert testimony for Court hearings that result from the use of this
technology, in conjunction with the Police Department
16 Upgraded detection system operating at 24 Gigahertz (or more current technology, as
available) replacing all existing detectors, as it becomes available
17 Installation and activation of the collision avoidance system (SICAS), if feasible to
Traffic Safety, which will occur after upgrade and installation
of the 24 Gigahertz units
(or more current technology, as available), at no additional cost to the City, at deployment
sites
18 Statistical recap and recapture ratios on a weekly basis|10 9| 19 Training in the operation of the System to police personnel, as required, at the discretion
of the Chief of Police
•
1431400003-12499605
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Attachment I
Page- 13-6/14-
16
Wed
Washington
& National
1111111111i °
Washington
& National
9/29
Thur
National &
Hayden
0 6 0
0 0
8 68
° 41 0
Washington
& Helms
1111111
Washington
& Helms
111111101111
Sepulveda
& Slauson
6/14-
16
Tue
7/21
Thur
6/15
Wed
6/15
Tue
Culver City, CA
Video Survey Results
June, July & Sept 2005
NEI MBRT MHZ SBRT 1:2511:11=12
11111
Attachment 2NOTICE OF PUBLIC HEARING
Automated Traffic Enforcement System
The City of Culver City has scheduled and notice is hereby given that
on Monday, November 14, 2005, at 7 00 P M, the City Council of
Culver City will conduct a public hearing in the Council Chambers
regarding an increase in the number of intersection approaches utilizing
photo enforcement equipment operated under the Police Department's
Automated Traffic Enforcement System
The Police Department is recommending an increase in the number of
approaches utilizing photo enforcement equipment from 21 to 27 The
proposed approaches are at the intersections of Sepulveda Boulevard
and Slauson Avenue, Washington Boulevard and Helms Avenue, and
National Boulevard and Hayden Avenue
Chnstopher Armenta
City Clerk
City of Culver City, CA
Published in the Culver City News on November 3 and November 10,
2005
Attachment 3
Page- 15 -