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HomeMy WebLinkAboutReso 34-2010RESOLUTION NO. 34-2010 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE CONTINUED USE OF THE CITY RED LIGHT PHOTO ENFORCEMENT PROGRAM AND THE CONTRACT WITH AMERICAN TRAFFIC SOLUTIONS, INC. (ATS) FOR RED LIGHT PHOTO ENFORCEMENT WHEREAS, cities are authorized to implement automated red light photo enforcement programs pursuant to Section 21455.5 of the California Vehicle Code. A government agency is permitted to enter into a contract with a manufacturer or supplier of automated enforcement equipment. A city council must authorize the city to enter into a contract for the use of an automated enforcement system; and, WHEREAS, the City Council, at its July 19, 2006 special meeting, conducted a public meeting on establishing a red light photo enforcement program ("Program") in the City. The meeting included a City Staff presentation on the Program, information about services that American Traffic Solutions, Inc ("ATS") could provide for the Program, and an opportunity for public comments on the Program. At the meeting, the City Council provided general direction to proceed with the Program with ATS as the contractor; and, WHEREAS, the City entered into a contract with ATS to provide an automated enforcement system for red light violations on October 6, 2006 ("ATS Contract"); and, WHEREAS, in May 2009, the City received approval from Caltrans to begin installing red light enforcement cameras along El Camino Real in South San Francisco; and, WHEREAS, in July 2009, the South San Francisco Police Department began the Red Light Photo Enforcement Program at the intersections of El Camino Real and Hickey Boulevard and El Camino Real and Westborough Boulevard/Chestnut Avenue in the City. These intersections were chosen based on studies which evaluated certain criteria, amount of traffic at the intersections, accident statistics, complaints regarding red light running from the community, the Police Department's ability to effectively enforce violations and documented number of violations as shown in the American Traffic Solutions, Inc Axsis Violation Incident Monitoring System Site Data Report. ATS installed and began operating the red light camera systems at these intersection under the terms of the ATS Contract; and, WHEREAS, fora 30 day period from July 15, 2009 to August 13, 2009, the South San Francisco Police Department began issuing warning notices for red light violations identified under the Program; and, WHEREAS, beginning on August 14, 2009, the South San Francisco Police Department issued citations for violations identified under the :Program. The South San Francisco Police Department continued issuing citation under the Program until February 28, 2010; and, WHEREAS, the City became aware of a procedural issue in its implementation of the Program. The City determined that the ATS Contract was not specifically brought to the City Council for ratification under Veh. Code § 21455.6. Instead, City staff relied on the general direction given by the City Council at its July 19, 2006 special meeting. On January 27, 2010, the City remedied this oversight by City Council adoption of a resolution ratifying the ATS Contract during its public meeting (City Council Resolution No. 14-2010); and, WHEREAS, the City determined that the citations issued for violations identified under the Program during the period starting on August 14, 2009 through. January 27, 2010, occurred before the ATS Contract was formally ratified by the City Council. Therefore, the South San Francisco Police Department decided to seek dismissal of the citations issued during that time period. The Court entered an Order dismissing those citations on March 25, 2010; and, WHEREAS, the City Red Light Photo Enforcement Program has generated additional public interest, and the City believed that further public input was important as the City considered whether to continue or end the Program. In order to provide a forum for this input, the City decided to conduct a public hearing on April 14, 2010 to accept public testimony regarding the use of the red light cameras and continuation of the ATS Contract. Section 4f. of the ATS Contract allows for termination of the Contract by either party on the first anniversary of the Program Start Date with 60 days written notice; and, WHEREAS, on March 1 1, 2010 and continuing through the present, the South San Francisco Police Department has issued warning notices rather than citations for violations identified under the Program. The South San Francisco Police Department issued a public announcement on the issuance of the warning notices. The public announcement stated that if the City elects to continue operation of the Red Light Photo Enforcement Program at the April 14 hearing, the issuance of warning notices will continue for an additional 30 days from April 14, 2010 until May 14, 2010. Thereafter, the South San Francisco Police Department will begin issuing citations for violations identified by the Red Light Photo Enforcement Program on May 15, 2010; and, WHEREAS, in light of the scheduled public hearing on continuation of the Program and the South San Francisco Police Department's decision to stop issuing citations and begin issuing warning notices, the Police Department and the City decided to seek Court dismissal of all citations issued under the Program from January 28, 2010 through February 28, 2010 for the reasons set forth in the motion. The Court entered an Order dismissing those citations on March 29, 2010. Therefore, all citations issued under the Program have been dismissed; and, WHEREAS, on April 14, 2010, the City Council held a duly noticed public hearing on the use of the Program and continuation of the ATS Contract. All persons present at the hearing were given an opportunity to be heard. The South San Francisco Police Department and City Staff presented evidence and testimony on the Program and ATS Contract. City Staff recommended continuing the Red Light Photo Enforcement Program and continuing the ATS Contract; and, WHEREAS, evidence was presented at the hearing showing the following. Traffic violations and accidents remain a problem for the City. Red light photo enforcement programs have been shown to successfully reduce violations and collisions. The red light photo enforcement program operated by ATS is cost-effective; and, WHEREAS, the City Council has considered all evidence and testimony presented at the hearing and all other evidence in the record on the Program, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of South San Francisco hereby: (1) approves the use of the City of South San Francisco Red Light Photo Enforcement Program at the intersections of El Camino Real and Hickey Boulevard and El Camino Real and Westborough Boulevard/Chestnut Avenue in the City; and (2) determines that the ATS Contract attached hereto as Exhibit A is approved and shall continue subject to all terms and conditions set forth in the Agreement. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 14th day of April, 2010 by the following vote: AYES: Councilmembers Richard A Garbarino, Karyl Matsumoto, and Vice Mayor Kevin Mullin NOES: Councilmembers Pedro Gonzalez and Mayor Mark Addie~o ABSTAIN: ABSENT: N s'"~ ~TTES~ T: __..-.,, Exhf6i# A ATS SCbPE QF WORK 1 AMERICAN TRAFFIC SOLUTIONS {ATS) SCOPE OF WQRt#. 1.2 ATS iMPLEhAEt+ITATIpN 1.2.13 ATS agrees to provide a turnkey solution for Camere Systems to the Customer wherein all reastmsbiy necessary t~ements rsquiretl to irnpJemsnt and operate -the sab;rtion are the responsibility of ATS, e~ccept for those itericts ~entlfled in `Sec~ian 2 titled "Customer Scope of Work". ,4TS and the Customer undsrstand end ~~ thaf nt~w or previously `ur+foreseen cequirements may. from timeto time.. be identtlied and that ttte parties shell negotiate rn good #atth to ~rsslgn to ire proper perty~the hesp.4ttstbilltyond oust fix such iterr~s. lrt general, if work is to be pernxrged tsy `the Cus'totner, unless otherwise spedfled. -dire Customer shall not charge ,ATS for the cost. All other m-scope work, extentiai to the Customer, is the responsibility of ATS. 1.2.14 ATS agrees to make every effort to adhere to the Project Time Line outlined in Schedule 4. 12.15 ATS will assist the Gustomsr with video evaluation of canditiefe acres using the Axsis YIi1~I+S system- 1.2.16 ATS will install Camera syt3te~ ~at a number of Intersection or grade crossing approaches to rye agreed upon between AT5 end-the Cuatvnner after completion bf s'rGe :.analyses to be entered. into Schedule 5. In addition to the' Iraltfe! locations, the parties mayagrea from time tti tkne, by additional Work C3rd~er(s}. to add to the quantities and locs~tiorts where Camera Systems are insta)led entl n~tained: ,.-.r-., 1.2.17 ATS will operate each Camera System on ~ 24-hour basiis, barring downtime for maintenance .and nor~mai servicing .activities. 12.18 ATS' In-house maricatir~g department will assist tl~a Customer with public information acrd outreach campaign strategies. In addition; depending, upon the agreed-upon stratiegy, AT5 may pay far agreedd .upon extra scope e~perxlittues for public relations consultants, advertising, ar media r+eJations prtrvided that such Qxbra scope expenditures will be reimbursed ttr.ATS from collected revenues. 1.2.19 AT5 sprees to provide a secure web site (www.violatloninfo_com) accessible to citation recipients (deferxiants) by means of a Notice # and s P1N, which wia a11ow vlalatian image and video viewing. 1.2.2a The Customer and .AT5 will complete the Project .Business Process Work Flaw design within 30 calendar days of contract signature; the parties to this agreement will use-the drafts included on Schedules 2 arx13 as the basis for.th~ frnel workflow design. 1.2.21 ATS normally shall provide t~echnlcian site visits fio each Camara System once per month to perform .preventive mair;tenant~ ,checks consisting ref camera enclosure lens leaning; c;arnera, strotae and controller 'enclosure deaninp; inspection of exposed yiArgs; and general system inspection and maintenance. 1.2.22 ATS sha11 repair anon-funcflonal Camera System within 72 business hours of determination of a rnalfunctlon. 1.223 ATS shall repair the Axsis VPS system within 1 business day from the time of the outage, Outages of Customer Internet connections cx lrifrastructure ®rre excluded from this service level. . ~-. r Confidential Informetian Page 7 Photo Enforcement SBrvices Apreemant -ia- 1.3 RTS OPERATIONS 1.3.13 ,4T5 shall provide the Customer with en op#ionai one time warning period up to 30 days ~_ ~ in length at the outset of the program. 4.3,14 As the paFty resporaslale for initial contact with the red light violator, ATS shall provide the Customer with an automated oust-t~esad citation pr+ooessing system (AxsisTM 1IPSj ~cluding image processing, 1 d notice color printing, 3"d notice tr+w printing and matting of at Cl#tifion or tWofice of Vidadon per chergeabla avant. £acti ratatiort shah be delivered by First Class meld th ttie registered ctiur-er within the ststutvey period. Subsequent mailings to drivers ldentiflad in affdav~ts of nor-~iabilsty or by rents! car companies are also included according to each prk~ng option. i .3.1~:Subsequent rtotkes may be delnrered by first Class or other mail means for additional contipenSatian to ATS as agreed b~ the parties. 1.3.16 .ATS shall apply an electronic signature to the citation when autt~rtzed tci do so by an apprpvang taw enforcement officer. 1.3.17 ATS. shall obtain in state vehicle registration irffocme#ion r-ac~aary to issue dtaGons assurninp that it is Warned as 'the Custocrlers agent and the State :provides the regisiration data at no cost. 1.3.1 S ATS :shah seek records from out-of--state vehicle rsgisrtrl~tivn d8tabases and apply seconds fotmd to Axsis to issue citations for the !Customer .accardinQ to each pricing vptiot~. 1.3.79 .If :Customer is unable to or does not .desire to integrats. ATS data to its. court syrstem, ATS- shall. provide an on-iir;e court proceasinp module, wF~ich win enable the uwrt revltwir yes. +related images, cortespondence end ttithsr related inforrnatbn required to a+~jt~dlcate .the disputed citation. The syttterin ~vlil.ah~o enable the Cotuf staff`ta accept and account for psyrnents. Any costa to integrate A'fS system to .a court computer ~~,..~ sys#ern shall be tome by the Customer. A-TS mats spree to cover these up front costs and recover the COStS Irons collected revenue. 1.3.2fl The.Axs~sr" UP5 :sysis-n, wtilch provides the Customer with ability to Win and print a reports, shell ir>ciude the foAowing: ^ Prt~grarn Statistics Report ^ location Performance Summary Report ^ Location Per~fomnance .Detail Report • Violation Reject ~teport • fiJ>acument Aging Report 1.3.21 If naquin"~i try the court or prosecutor, AT3 shall provide the Customer with, Or train a local expert witness stale to testify in Court on matters relating to the accuracy. technical operations. grid edfectiveness of the AxsisTM System until judicial notice is hatcen. -{.3.22 !n th(~se instances where damage to a Camera System .or sensors is caused by neEgtigenca oa the.part .of the Customer tx its authorized agent(s), A7S grill provide an estkr3aite of the cost of repair. Upon .authorization to proceed with the repairs or replacement, ATS shall replace or repair emy damaged et~ulpm.ent and invoic® for the pce-approved repair -cost. ATS shall tear the cost to raptave or repair equipment damaged in ell other circumstances. 1.3.23 AT5 shall .provide a help Ilne to help the Custarner resolve any problems encountered regarding its .Red. Light Garners System and/or citation processing. The hetp:llne snail function during nomnal business hours. Confidential Information -Page 8 Pho6~'Enforcernent Services Agn3ement -11- ~l r-~"~. 2:3..13 #f tide Customer c installation, tt shall dierit. 2.3.15 The Customer shall 4 approved design. i 2.3.14 Custprrtier w~f :~dasign,' Customercannot .pro( :shell complete the Project Business Prc~+eess Work Flow design of contr~ct.g%tur~s, using the drafts included nn Sc~aedules 2 e f nail workflow design. QPERATIONS :es to move a Garners System to a new approach after •irsi#iat tt~e costs to .relocate the S~estem. cate;!instarU and_~maintain red light:carnera'warrairrg.sigrts. ,lf such signege., A'f`S w~i do so and charge- the costs to the access to traffic signal .phase connections according to 2:3.1`6 Customer shall a11Qw ii--TS to access power from existjng power sources at no cost and shalt ailaw or fedlitebe access to traffic signal phase connections to a pull taox, pole vase. or controller cabinetnearest to each Camera System within the. Customer's jurisdiction. The co:~of arty eddltional ~condutt or power tnfrastrueture :needed to support irtstallatlon of Garners .shell funded by A"TS and ATS and shall recover such added costs oui of copected revenue 'in addition to its normal fees.. 2.3.17 The Customer shall. hnt require ATS to provki~e installation drawings stamped by a licensed civ11 enginee~'_ However. ATS' wsrk product and drawings shall be overseen and approved by ar'td ATS PE and such deliverable shalt conform to applicable engineering norms ar~d reflect the details of installation work to be completed. 2:3.18 Ttte Customer shall approve or reject. ATS submitted .plans within 7 business days of receipt. 2.3.1:9 The Custotaner shah hot charge ATS or its subcontractor for building, constructions, street use andlor pole attachment permits. 2.4 POLICE DEPARTMENT OPI~RATIONS i 2.4.13 The taol'ice :L3epartmeht shall proces.4 :each .potential violation in acoordence with State Laws andlor City Ordinances within 3 business days of its appearance in the Police ~, ~- i 2 GU8TOMER SCOPE OF 1NfORtC 2.2 GENEi~AL 11a1PLEMENTATIQN _REQUIREMfs-NTS 2.2.13 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 coordina#e Customer responsibilNiesuncler the Agreement. 2.2.14 With'm 7 business days. of contract execution, the Cus#omer shall provide ATS with tt~e name an'd contact irtfnrmatfon for a Municipal Court manager responsible for oversight of all CouR=related prQgrarrt requirements 2.2.15 The Customer shall make 4very effort to adhere to -the Project Time tine outlined in Schedule d. 22. i& The `Customer shall, ors a .lion provided by ATS, provide verification to .the State Department of Mptwr'wettlcl~, National Law enforcement T~elecommunicatiotit; 3y~tam, or gpprapriate author~ty indlcatii~ thet.ATS is acting as an Agent of .the Customer -for the purposes of g vehicle ownetsfittp. data pursuant to the I}st of pertrii9stile uS@S delinet;<ted 'rn th Drty~ t~rivacy Protection Act °1 S U:S.~C. § 2721, Sectlort (b) ~(1) and as may atherwlsq be provided:or :req>~rred by arty provision of appJlcabl®-state taw. 2.2.17 Ttie Ctasf4rnet'~and within :30 calendar and 3 as the basis 2.3 STREETS AND TRAFFIC 1 Confidential infocmatlon ~ Page B Photo Enforcement Services Agnaameni -12- Review Queue, using AXSIsTM to determine which violations will be issued as Citations or.Notices of Violatbn. 2.4.14 Po(iee Department workstation computer monitors for citation review and approvat `-`J should Provide a resolution of 1281} x 1Q24. 2.4.15 For optimal data throughput, t'oAce .Department workstations should be connected to a hiigh speed interne!, cannectior- with bandwidth of T-9 or greater. 2.4.16 Police Department shall. provid~a signatures of all. authorized ,p.olice users who will review eve~t5 0rtid approve citations on forms provided by ATS. 2.5 COURT OPERATI©NS 2.5.13 Customer shall use ATS payment p.rocessirtg:services. 2.5.14 Court .shall 'provide a judge yr hearing officer .and court facilities. to schedule and hear disported citations. 2.5.15 Court shall prow#tle the specifK+ text requlrad 'to .lie placed nn the Citation rwtice b be issued °by-ATS yrithln 30 calend~er days of~contFaclk sign8ture. 2.5.1& Tha Court sh811 approve 3he.~ltation 1`oroa within 1'S days receipt frgm ATS. 2:5.'F7 1~llunicipal ~Cai~rt shall handle iribot~nd and oyttaound phone calls and correspondence ' from defendants who have gvestiorts about disputes, entl otFaer Issues relating to dtation adjudication. Court they reefer citizens w'stti questions regardir#$ ATS or Axsis :ecnnvaogy and processes 'to websltes .endlor tall-frgs la3iephone numbers provided by ATS'for that purpose. 2.5.18 Within 10 days sifter expiration of a ~ecQnd notloe~, INunlctpal court shalt pursue delinquent collecGona of unpaid notkes with :an existing contradgr or ATS. ~~~ 2.5.19 Any potential one time, direct casts tQ ~1TS (including ATS' costs.) to develop an interface t~etweera the Court system :uviN be initially .pall by ATS will be r+eimbun;ed to ATS from collected revenues. #rom the program coca available. 2.6 iN~ORNWTIO~N TECHNULOG~' DEPARI`N1ENT QPERATIOFaJS 2.6.13 In the event that remote access to the ATS Axsis 1/PS System is blocked by Customer network security infrastructure., the trustorner's 4epartrr~ent of Information Technology shall coordinate with :AT5 b facilltete appropriate comrnunicaiions .while maintaining regyired secu~ity.measures. 2.6.14 If Customer.-owned. telecornmunkations !Ines or VI~IFI networks are present at dr near t)w sde, and If feasible to share such existlrag bartdwldth. ATS tfaall. be :allowed to use such infrastrurrtuce for data trensmissipn. AT5 shall work with the City/s R department to ensure City security protoods are maintained. .~ ,~, Confidsntia! Information Page ~~ Photo Enforcement Services Aareernent -13- Schedule i Service F,ee Schedule The Customer agrees to pay ATS the Feels) as itemized below: aAonlhlY 5ervlco Fa~a par Irrtarsarrtlon Approach Cost Elamer~t iKortthly ties Axsis <RLC-300_ Red 1.i~ht Camara Syrstecn monltc~ring front and rear images up to 4 ~ f apes: X4;995 tsrr~, A3a;Wis ~L1~E dfpW~l video syt-~e~i for taionibortnp 1 dioectlOn of t-•avei,,data sorry, In S~>ie registered :own~rr 8oqufslEfirm. final ~quaifly control r eview, amass to web-basetl Axsis -t lanes: 35395 VPS~tSotR'A~caNce:•F~tevle~w. t~ n~titiceprirrting in color, postage end mailing- elec~onic riciiilce file trac~smisslorr to ~c~urt systarn, evidence packages for scheduled hearings. Other ~Optivnal'Senrlcros gxsis E-P~~rnt-p!orta! fa 1Nr~-based. pr~ynaents - online aooess convenience fes So charged La uses. ldet>tiiyir~g acct-of-statie t~epistered awaners and. rnailinp violat#nn natives: 32.50 per rraa~ed On use only ration. ~~. Confidential Ir~formatton Pale 11 .Photo Enforcement Services A®reerrtsnt -14- 'Sc'hedu'le 2 and 3 1fYorkflow Diagrams jto 1be added aiRelr consultaation with Po11ce end Coutt] ~- .` ,~ Canridential Information Page 1~ Photo Enforcement Services Agreement -15- Schedule 4 Project Timeilne ~~ ~-~ Confidential information Page Z 3 Photo F.nforcemerit Services Ag~eernent _1g_ Schedule 5 Initial Camera Locations The intersections that will be studied will be chosen by the Police Department based on the amount of traffic at the intersections, accident statistics, complaints we had received from the community and the ability of our officers to effectively enforce violations. Studies of the number of red light violations at these intersections will be conducted Once the studies are completed, the Police Department, in consultation with ATS, will evaluate to determine where the system will prove to be the most effective. Based on the completed studies and evaluations, the following intersections were selected for red light camera installation based on the number of violations recorded at these intersections and the greatest potential impact on reducing the number of red light violations by stricter enforcement. 1. Westborough Boulevard/Chestnut and El Camino Real 2. Hickey Boulevard and El Camino Real Confidential Information Pale 14 Photo Enforcement Services Agreement _ 1 ~ _