Ordinance No. 10,690ORDINANCE NO. 10,690
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING
AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH AMERICAN
TRAFFIC SOLUTIONS, INC. FOR THE ADMINISTRATION AND
ENFORCEMENT OF A PHOTOGRAPHIC TRAFFIC SIGNAL
ENFORCEMENT SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an n
agreement with American Traffic Solutions, Inc. for the administration and enforcement of a
photographic traffic signal enforcement system. A copy of said agreement is attached hereto,
marked Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 23rd day of August, 2007.
LO
BRANDON CAPETILLO, Mayor Pro Tern
,-€ity Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ; SR., OffoAttorney
PROFESSIONAL SERVICES AGREEMENT
"AGREEMENT'
THIS AGREEMENT made this day of , 2007 between American Traffic
Solutions, Inc. (herein "ATS"), a corporation duly registered under the laws of the State of Kansas with its
principal place of business at 14861 North Scottsdale Road, Suite 109, Scottsdate, County of Maricopa, State
of Arizona, and the City of Baytown, herein "Customer", a municipal corporation of the State of Texas with
principal offices at 2401 Market Street, Baytown, Texas.
WITNESSETH:
WHEREAS, ATS has the exclusive knowledge, possession and ownership of certain equipment,
licenses, and processes, referred to collectively as the "Axsis™ System" (herein "Axsis), and
WHEREAS, Customer desires to use the Axsis™ System only for the purpose of detecting a violation
or suspected violation of a traffic-control signal.
NOW THEREFORE, the parties agree:
1. DEFINITIONS:
As used in this Agreement, the following words and terms shall, unless the context otherwise
requires, have the respective meanings provided below:
"Citation" means a notice issued by a competent state or municipal law enforcement agent or
agency or by a court of competent jurisdiction relating to a violation documented or evidenced by Axsis .
"Person" or "persons" means any individual, partnership, joint venture, corporation, trust,
unincorporated association, governmental authority or political subdivision thereof or any other form of entity.
"Camera System" means a photo-traffic monitoring device that:
A consists of one rear camera, strobe, and traffic monitoring device, and vehicle sensor(s) installed
to exclusively work in conjunction with an electrically operated traffic-control signal on up to four
lanes controlled by up to two (2) signal phases; and
B. is capable of producing and accurately recording at least two images that depict the license plate
attached to the rear of a motor vehicle that is not operated in compliance with the instructions of
the traffic-control signal.
"Camera System" shall also, where the sense requires, include any enclosure or cabinet and related
appurtenances in which the Axsis™ is stationed.
"Approach" is defined as one direction of travel of one or more lanes on a road or a traffic
intersection with up to 4 lanes controlled by up to two (2) signal phases.
"Violation" means failure to obey a traffic-control signal.
"Operational Time" means the actual time that a Camera System is monitoring traffic.
"VIMS Analysis" is a statistical assessment of violation rates at suspected problem intersections
and approaches to determine the need for a red light system.
2. ATS AGREES TO PROVIDE:
The scope of work identified in Exhibit "A, Section 1"
3. CUSTOMER AGREES TO PROVIDE:
The scope of work identified in Exhibit "A, Section 2."
4. TERM AND TERMINATION:
a. This contract shall be effective on the signature date above.
b. The term of this Agreement shall be for five (5) years beginning on the date of first issued and
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Photo Enforcement Services Agreement
EXHIBIT A
payable notice of a violation (the "Start Date") and may be automatically extended for one additional five (5)
year period under the same terms and conditions. However, Customer may terminate this Agreement at the
expiration of any term by providing written notice of its intent not to extend the Agreement 60 calendar days
prior to the expiration of the current term.
c. The Contractor's services may be terminated:
i) By mutual written consent of the parties;
ii) For cause, by either party where the other party fails to perform its obligations under this
Agreement. Termination under this subsection is subject to the condition that the terminating
party notifies the other party of its intent to terminate, stating with reasonable specificity the
grounds therefor, and the other party fails to cure the default within thirty (30) calendar days after
receiving notice.
d. Upon termination of this Agreement, either for breach, by mutual agreement or because it has
reached the end of its term, the parties recognize that the Customer may wish to continue to process traffic
law violations in the "pipeline," and that ATS accordingly must assist the Customer in this regard. Accordingly,
the parties shall take the following actions, and shall have the following obligations, which survive termination
during the wind-down period: The Customer shall cease using the Axsis™ System, shall allow ATS to
recover all provided equipment within a reasonable time not to exceed 60 days, and shall not generate further
images to be processed. Unless directed by the Customer not to do so, ATS shall continue to process all
images taken by the Customer before termination and provide all services associated with processing in
accordance with this Agreement, and shatl be entitled to all Fees specified in the Agreement as if the
Agreement were still in effect
5. ASSIGNMENT
Neither party may assign all or any portion of this Agreement without the prior written consent of the other,
which consent shall not be unreasonably withheld or delayed.
6. FEES AND PAYMENT:
Customer shall pay for all equipment, services and maintenance based on the fee schedule indicated in
Exhibit A, Schedule 1, ("Fees"). The Customer shall pay all fees due ATS within 30 days after receipt of an
invoice therefor. Late payments are subject to interest calculated at the rate specified in Section 2253.025 of
the Texas Government Code on delinquent amounts.
Each anniversary date after year three, the unit prices may be adjusted to reflect the Consumer Price Index
(Urban) sixty-four (64) days prior to the effective date of each anniversary date after year three.
7. INTERSECTION AND VIOLATION RATE ANALYSIS
Prior to implementing the Axsis System, ATS may conduct an analysis of each Approach being considered for
a Camera System. If ATS deems necessary, ATS will use the Axsis™ VIMS (Violation Incident Monitoring
System) or other tool or means to complete the analysis over a 4 to 24 hour period. The Customer will be
provided a report on violations recorded at each monitored approach, including the time of day and lanes on
which the violations occurred. For any Approach recommended by the Customer, ATS may install a Camera
System. However, ATS may elect not to install a Camera System where traffic violation data does not support
installation of the Axsis System.
8. COMMUNICATION OF INFORMATION:
ATS agrees that all information obtained by ATS through operation of the Axsis System shall be made
available to the Customer at any time during ATS's normal working hours, excluding trade secrets and other
confidential or proprietary information not reasonably necessary for the prosecution of citations or the
fulfillment of Customer's obligation under this Agreement.
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9. CONFIDENTIAL INFORMATION:
No information given by ATS to Customer will be of a confidential nature, unless specifically designated in
writing as proprietary and confidential by ATS. Provided, however, nothing in this paragraph shall be
construed contrary to the terms and provisions of any "Open Records Act" or similar laws, insofar as they may
be applicable. ATS shall not use any information acquired by this program with respect to any violations or
the Customer's law enforcement activities for any purpose other than the program.
Should the Customer receive a public information request for information maintained by ATS, ATS shall
comply in full with the Texas Public Information Act, including the timing of and fees for processing the
request.
10. OWNERSHIP OF SYSTEM:
It is understood by the Customer that the System being installed by ATS is, and shall remain, the sole
property of ATS, unless separately procured from ATS. The System is being provided to Customer only
under the terms and for the term of this Agreement.
11. AUDIT:
Any time during normal business hours and as requested by the Customer, ATS shall make available to the
Customer for examination all of its project records with respect to all matters covered by this Agreement and
will allow the Customer to review, examine and make excerpts from such records, and to make copies of all
other data relating to all matters covered by this Agreement. The financial records related to receipts
collected on behalf of the City by ATS will be available upon request by the Customer's representative in a
timely manner for audit purposes to the Customer or its authorized representative. In any event, the financial
records shall be made available to the Customer in ATS's office within (10) days of the Customer's request for
the same. All copies made by the Customer pursuant to this Section shall be made at the sole cost and
expense of ATS.
12. INDEMNIFICATION AND INSURANCE:
ATS shall at all times comply with all federal, state and local laws, ordinances and regulations and shall
comply with the maintenance procedures and manufacturer recommendations for operation of the Axsis™
equipment which affect this Agreement.
ATS SHALL INDEMNIFY, SAVE HARMLESS, AND DEFEND THE CUSTOMER, ITS
OFFICERS AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF
EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND
ATTORNEYS1 FEES, FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR ANY
AND ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES
TO BE PERFORMED BY ATS PURSUANT TO THIS AGREEMENT, THE CONDUCT OR
MANAGEMENT OF ATS'S BUSINESS OR ACTIVITIES, THE EQUIPMENT TO BE
SUPPLIED BY ATS, OR FROM ANY ACT OR OMISSION BY ATS, WHERE SUCH
INJURIES, DEATH OR DAMAGES ARE CAUSED BY THE JOINT NEGLIGENCE OF
THE CUSTOMER AND ANY OTHER PERSON OR ENTITY AND OR THE SOLE OR
JOINT NEGLIGENCE OF ATS. IT IS THE EXPRESSED INTENTION OF THE PARTIES
HERETO, BOTH ATS AND THE CUSTOMER, THAT THE INDEMNITY PROVIDED FOR
IN THIS PARAGRAPH IS AN INDEMNITY BY ATS TO INDEMNIFY, PROTECT AND
DEFEND THE CUSTOMER FROM THE CONSEQUENCES OF THE CUSTOMER'S
OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF
THE RESULTING INJURY, DEATH OR DAMAGE AND/OR THE ATS'S OWN
NEGLIGENCE, WHERE THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE
OF THE RESULTING INJURY, DEATH, OR DAMAGE. THE INDEMNITY PROVIDED
FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS,
DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH
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OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CUSTOMER
UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. IN THE EVENT
THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CUSTOMER BY
REASON OF ANY OF THE ABOVE, THE CONTRACTOR FURTHER AGREES AND
COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE CUSTOMER. THIS INDEMNIFICATION PROVISION SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL REMAIN IN FULL FORCE AND EFFECT.
By this Agreement, the Customer does not consent to litigation or suit, and the
Customer hereby expressly revokes any consent to litigation that it may have
granted by the terms of this Contract or any other contract or agreement, any
charter, or applicable state law. Nothing herein shall be construed so as to limit or
waive City's sovereign immunity. ATS assumes full responsibility for its work
performed and equipment provided hereunder and hereby releases, relinquishes
and discharges the Customer, its officers, agents, and employees from all claims,
demands, and causes of action of every kind and character, including the cost of
defense thereof, for any injury to or death of any person (whether they be either of
the parties hereto, their employees, or other third parties) and any loss of or damage
to property (whether the property be that of either of the parties hereto, their
employees, or other third parties) that is caused by or alleged to be caused by,
arising out of, or in connection with ATS's work to be performed hereunder. This
release shall apply with respect to ATS's work regardless of whether said claims,
demands, and causes of action are covered in whole or in part by insurance.
Throughout the term of this Agreement, ATS at its own expense shall purchase, maintain and keep in
force and effect insurance against claims for injuries to or death of persons or damages to property which
may arise out of or result from ATS's equipment, operations and/or performance of the Services under
this Agreement, whether such operations and/or performance be by ATS, its agents, representatives,
volunteers, employees or subcontractors or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable. ATS's insurance coverage shall be primary
insurance with respect to the Customer, its officers, agents and employees. Any insurance or self-
insurance maintained by the Customer, its officials, agents and employees shall be considered in excess
of ATS's insurance and shall not contribute to it.
ATS shall maintain the following minimum scope and limits of insurance:
(a) Commercial General Liability Insurance including coverage for bodily injury, property damage,
premises and operations, products/completed operations, personal and advertising injury, and
contractual liability with a combined single limit of $1,000,000 per occurrence. Such insurance shall
include the Customer, its officers, agents, employees as additional insured's. Coverage shall be at
least as broad as ISO CG 00 01 10 93. No coverage shall be excluded from standard policy without
notification of individual exclusions being attached for review and acceptance.
(b) Workers Compensation as required by applicable state law, and Employers' Liability insurance with
limits of not less than $500,000 each accident; ATS shall at all times maintain worker's compensation
insurance coverage in the amounts required by law, but shall not be required to provide such
coverage for any actual or statutory employee of Customer. ATS shall provide a waiver of
subrogation in favor of the Customer.
(c) Comprehensive Business Automobile Liability Insurance for all owned, non-owned and hired
automobiles and other vehicles used by ATS with a minimum $1,000,000 per occurrence combined
single limit bodily injury and property damage. Coverage shall be for "any auto." Such insurance
shall include the Customer, its officers, agents, employees as additional insured's.
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(d) Errors and Omissions Insurance in a minimum the amount of $1,000,000. Claims-made form is
acceptable. Coverage will be in force for one (1) year after the expiration or termination of this
Agreement
The Customer and its officers, agents and employees, shall be named as additional insured on the liability
policies provided by ATS under this Agreement ATS shall require any subcontractors doing work under this
Agreement to provide and maintain the same insurance, which insurance shall also name the Customer and
its officers, employees, and authorized volunteers as additional insureds.
Certificates of Insurance and endorsements acceptable to the Customer showing ATS is carrying the above
described insurance, and evidencing the additional insured status specified above, shall be furnished to the
Customer prior to Customer's execution of this Agreement Such certificates shall show that the Customer
shall be notified at least 30 days in advance of all cancellations of such insurance policies. ATS shall forthwith
obtain substitute insurance in the event of a cancellation.
The following are general requirements applicable to all policies:
> AM Best Rating of B+:VII or better for all liability policies.
> Insurance carriers licensed and admitted to do business in State of Texas will be
accepted.
> Liability policies will be on occurrence form. E & O can be on claims-made form.
> Upon request of and without cost to the Customer, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to the Customer's
representative. Certificates of insurance showing evidence of insurance coverage shall
be provided to Customer's representative prior to execution of this agreement.
Inasmuch as the Customer is a body politic and corporate, the laws from which Customer derives its powers,
insofar as the same law regulates the objects for which, or manner in which, or the concerns under which, the
Customer may enter into this Agreement, shall be controlling and shall be incorporated by reference into this
Agreement The Customer shall be responsible for vehicle insurance coverage on any vehicles driven by
Customer employees. Coverage will include liability and collision damage.
13. STATE LAW TO APPLY:
This Agreement shall be construed under and in accordance with the laws of the State of Texas.
14. DISPUTE RESOLUTION:
All disputes arising out of or in connection with the Agreement shall be attempted to be settled through good-
faith negotiation between senior management of both parties.
15. ADDITIONAL SERVICES:
Additional systems and services may be added to this agreement by mutual consent of the parties in writing
as an addendum to this Agreement. Ail other terms and conditions shall remain the same.
16. LEGAL CONSTRUCTION:
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any
other provision thereof and this Agreement shall be construed as of such invalid, illegal, or unenforceable
provision had not been contained herein.
17. PRIOR AGREEMENT SUSPENDED:
This Agreement constitutes the sole and only agreement of the parties and supersedes any prior
understanding, written or oral, between the parties respecting the written subject matter.
18. AMENDMENT:
No amendments, modifications, or alterations of the terms hereof shall be binding unless he same be in
writing, dated subsequent to the date of this Agreement and duly executed by the parties.
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19. NO AGENCY:
ATS is an independent contractor providing services to the Customer and the employees, agents and
servants of ATS shall in no event be considered to be the employees, agents, or servants of the Customer.
This contract is not intended to create an agency relationship between ATS and the Customer.
20. NOTICES:
Any notices or demand which under the terms of this Agreement or under any statute must or may be given or
made by ATS or Customer shall be in writing and shall be given or made by personal service, telegram, first
class mail, FedEx, or by certified or registered mail to the parties at the following address:
City of Baytown American Traffic Solutions, Inc.
P.O. Box 424 14861 N. Scottsdale Rd, Suite 109
Baytown, TX 77522 Scottsdale, AZ 85254
Attn: City Manager Attn: Chief Operating Officer
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date accepted by the
Customer.
AMERICAN TRAFFIC SOLUTIONS. INC.
Adam E. Tuton, Executive Vice President
CITY OF BAYTOWN, TEXAS
Robert D. Leiper, Interim City Manager
ATTEST:
Lorn Coody, City Clerk
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Exhibit A
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 parlies 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 outlined in Schedule
4.
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 or grade crossing
approaches to be agreed upon between ATS and the Customer after completion of site
analyses to be entered into Schedule 5. In addition to the initial locations, the parties
may agree from time to time, by additional Work Order(s), 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; the parties to this agreement will use the
drafts included on Schedules 2 and 3 as the basis for the final workflow design.
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.
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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 As the party responsible for initial contact with the red light violator, ATS shall provide the
Customer with an automated web-based citation processing system (Axsis™ VPS)
including image processing, 1st notice color printing, 2nd notice b+w printing and mailing
of at Citation or Notice of Violation per chargeable event. Each citation shall be delivered
by First Class mail to the registered owner within the statutory period. Subsequent
mailings to drivers identified in affidavits of non-liability or by rental car companies are
also included according to each pricing option.
1.3.3 Subsequent notices may be delivered by First Class or other mail means for additional
compensation to ATS as agreed by the parties.
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 and the State provides the
registration data at no cost.
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 according to each pricing
option.
1.3.7 If Customer is unable to or does not desire to integrate ATS data to its court system, ATS
shall provide an on-line court processing module, which will enable the court 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. Any costs to integrate ATS system to a court computer
system shall be borne by the Customer. ATS may agree to cover these up-front costs
and recover the costs from collected revenue.
1.3.8 The Axsis™ VPS system, which provides the Customer with ability to run and print
reports, shall include the following:
Program Statistics Report
Location Performance Summary Report
Location Performance Detail Report
Violation Reject Report
Document Aging Report
1.3.9 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 Axsis™ 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 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 normal business hours.
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CUSTOMER SCOPE OF WORK
2.1 GENERAL IMPLEMENTATION REQUIREMENTS
2.1.1 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.
2.1.2 Within 7 business days of contract execution, the Customer shall provide ATS with the
name and contact information for a Court manager responsible for oversight of all Court-
related program requirements.
2.1.3 The Customer shall make every effort to adhere to the Project Time Line outlined in
Schedule 4.
2.1.4 The Customer shall, on a form provided by ATS, 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.
2.1.5 The Customer and ATS shall complete the Project Business Process Work Flow design
within 30 calendar days of contract signature, using the drafts included on Schedules 2
and 3 as the basis for the final workflow design.
2.2 STREETS AND TRAFFIC DEPARTMENT OPERATIONS
2.2.1 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.
2.2.2 Customer will design, fabricate, install and maintain red light camera warning signs. If
Customer cannot provide such signage, ATS will do so and charge the costs to the
Customer.
2.2.3 The Customer shall provide access to traffic signal phase connections according to
approved design.
2.2.4 Customer shall allow ATS to access power from existing power sources at no cost and
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.
The costs of any additional conduit or power infrastructure needed to support installation
of the Camera shall funded by ATS and ATS and shall recover such added costs out of
collected revenue in addition to its normal fees.
2.2.5 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 deliverable shall conform to applicable engineering
norms and reflect the details of installation work to be completed.
2.2.6 The Customer shall approve or reject ATS's submitted plans within 10 business days of
receipt.
2.2.7 The Customer shall not charge ATS or its subcontractor for building, construction, street
use and/or pole attachment permits.
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2.3 POLICE DEPARTMENT OPERATIONS
2.3.1 The Customer shall process each potential violation in accordance with State Laws
and/or City Ordinances within 3 City business days of its appearance in the Police
Review Queue, using Axsis™ to determine which violations will be issued as Citations or
Notices of Violation.
2.3.2 Customer's workstation computer monitors for citation review and approval should
provide a resolution of 1280 x 1024.
2.3.3 For optimal data throughput, Customer workstations should be connected to a high
speed internet connection with bandwidth of T-1 or greater.
2.3.4 Customer shall provide signatures of all authorized police users who will review events
and approve citations on forms provided by ATS.
2.4 COURT OPERATIONS
2.4.1 Customer shall use ATS payment processing services.
2.4.2 Customer shall provide a judge or hearing officer and court facilities to schedule and hear
disputed citations.
2.4.3 Customer shall provide the specific text required to be placed on the Citation notice to be
issued by ATS within 30 calendar days of contract signature.
2.4.4 The Customer shall approve the Citation form within 15 calendar days of receipt from
ATS.
2.4.5 The Customer shall handle inbound and outbound phone calls and correspondence from
defendants who have questions about disputes and other issues relating to citation
adjudication. The Customer may refer citizens with questions regarding ATS or Axsis
technology and processes to websites and/or toll-free telephone numbers provided by
ATS for that purpose.
2.4.6 After expiration of a second notice, Customer shall pursue delinquent collections of
unpaid notices with an existing contractor or ATS.
2.4.7 Any potential one time, direct costs to ATS (including ATS's costs) to develop an
interface between the Customer's system will be initially paid by ATS will be reimbursed
to ATS from collected revenues from the program once available.
2.5 INFORMATION TECHNOLOGY DEPARTMENT OPERATIONS
2.5.1 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.
2.5.2 If Customer-owned telecommunications lines or WiFi networks are present at or near the
site, and if feasible to share such existing bandwidth, ATS shall be allowed to use such
infrastructure for data transmission. ATS shall work with the Customer's IT Department
to ensure City security protocols are maintained.
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Schedule 1
Program and Service Fees
The Customer agrees to pay ATS the Fee(s) as itemized below:
Monthly Service Fee per Intersection Approach
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Schedule 2 and 3
Workflow Diagrams
The diagrams will be appended to this Agreement once the same have been agreed to in
writing by both parties.
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Schedule 4
Project Timeline
The timeline will be appended to this Agreement once the same have been agreed to in
writing by both parties.
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Schedule 5
Initial Camera Locations
The sites where the Camera Systems will be initially installed were selected after a careful analysis
by the Customer Police, the Public Works Department and ATS engineers. Based on that analysis,
the Customer has determined that each of these intersections have a high incidence of intersection
collisions, there is an extreme difficulty in identifying violators, and that other traffic light
changes/modifications would be ineffective in resolving these problems. Accordingly, the Customer
determined that photo enforcement was the best solution to the dangers posed by these
intersections.
The camera locations will be appended to this Agreement once the same have been agreed
to in writing by both parties.
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