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HomeMy WebLinkAbout10-27-2014 MUNICIPAL SERVICES COMMITTEE AGENDA,A BURN ' I. CALL TO ORDER A. Roll Call B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. October 13, 2014 Minutes* III. ACTION Municipal Services Committee October 27, 2014 - 3:30 PM City Hall Conference Room 3 AGENDA A. Resolution No. 5106* (Tiedeman) A resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a 3 year agreement with GATSO USA, Inc. for photo enforcement solutions. IV. DISCUSSION ITEMS A. Project Matrix* V. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 1 of 24 'Alu,BURN VVA,S p � I N G "i'( Agenda Subject: October 13, 2014 Minutes AGENDA BILL APPROVAL FORM Department: Attachments: Police Minus -October 73,201 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember: Peloza Meeting Date: October 27, 2014 Date: October 22, 2014 Budget Impact: $0 Staff: Item Number: CA.A CA.A AUBURN * MORE THAN YOU IMAGINED Page 2 of 24 ,A BURN CALL TO ORDER Municipal Services Committee October 13, 2014 - 3:30 PM City Hall Conference Room 3 MINUTES Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Bill Peloza, Vice Chair Wayne Osborne and Member Claude DaCorsi. Staff present were: Mayor Nancy Backus, Chief of Police Bob Lee; Financial Planning Manager Bob Brooks; and Police Secretary Sue Van Slyke. Others present: Robert Whale of the Auburn Reporter. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. September 22, 2014 Minutes Vice Chair Osborne moved and Member DaCorsi seconded to approve the September 22, 2014 Municipal Services Committee meeting minutes as written. Motion carried unanimously. 3 -0 III. DISCUSSION ITEMS A. Animal Control and Rescue (Lee) Chief of Police Bob Lee presented the Committee with an updated 2014 3rd Quarter Animal Control Operations report to replace the packet copy. Chief Lee reported that the City of Auburn Animal Control Officer, George Winner, has an increasing workload and is diligently working the animal issues throughout the city. Chief Lee Page 1 of 2 CA.A Page 3 of 24 I"IT explained that the 3rd Quarter report only covers Officer Winner's activities and there are steps being taken to include all department officer contact with animal control issues. Many officers have responded to calls when Officer Winner is unavailable and it is desirable to have an accurate city wide total of animal control activities. Currently, Officer Winner spends the majority of his activities on calls which does not allow time to conduct important self- initiated activities. B. Crime Activity Mapping (Lee) Chief Lee conducted a brief overview of the Crime Mapping tool located on the City of Auburn Web Site. This tool is available for all citizens to view various crimes and areas of the city where they have been committed. Chair Peloza presented a copy of the Police Blotter from the Auburn Reporter. Chair Peloza's concern is that the Crime Mapping tool did not specify the block in which the crime occurred, whereas the article includes this information. Chief Lee demonstrated how the tool directs the user to a specific house with identifying street names, without giving an actual address. Data is extracted from Spillman and transferred to the Crime Mapping program which was purchased for this specific use and is updated on a daily basis. Chair Peloza inquired about the weekly report on CAD, arrests and domestic calls that was previously requested. Chief Lee informed the Committee that the information has been submitted to Dana Hinman, Public Affairs & Marketing Liason. Mayor Backus will follow up with Ms. Hinman on the status of this report and report back to the Committee. C. Project Matrix 10P: Status updated. ADJOURNMENT There being no further business to come before the Committee, the meeting was adjourned at 3:43 p.m. APPROVED THIS day of )2014. Bill Peloza, Chair Sue Van Slyke, Police Secretary Page 2 of 2 CA.A Page 4 of 24 'Alu,BURN VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council adopt Resolution No. 5106 Background Summary: The City of Auburn currently has a photo enforcement program which Committee requested we reevaluate and publish an RFP for similar services. A committee was set up to represent city departments to write, review, and publish the RFP. Departments included Engineering, Police, Legal, IT, and Finance. Three vendors responded, including Red Flex, ATS, and GATSO USA, Inc. After careful review of the companies, technology, services, and references, the committee selected GATSO USA, Inc. to recommend to Committee and Council. The selected respondent is being recommended based on the criteria identified by RFP as well as importance to Auburn's Council and public safety vision of an effective system. These include, but are not limited to: Recommendation: GATSO USA, Inc. Beverly, MA Contract Term: 3 years Cost: $3,900.00 per camera per location Termination Cause: By mutual agreement, For Convenience: Based on flat fee cancellation and /or camera construction depreciation or contract breach. Revenue Neutral: If after 3 months a location does not produce revenue to pay for camera, remaining balance will be zero. Company has right to evaluate new location at that point. ACT.B AUBURN * MORE THAN YOU IMAGINED Page 5 of 24 Technology: Fully enclosed portable solution. Speed, light, auto license reader, and traffic count capabilities. Portability: City can move and install with credit to city or by vendor as necessary per location. Reviewed by Council Committees: Municipal Services, Public Works Councilmember: Peloza Staff: Tiedeman Meeting Date: October 27, 2014 Item Number: ACT.B ACT.B AUBURN * MORE THAN YOU IMAGINED Page 6 of 24 RESOLUTION NO. 5 1 0 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND GATSO USA, INC., FOR PHOTO RED LIGHT AND SPEED ENFORCEMENT PROGRAMS WHEREAS, state law allows cities to utilize photo red light and mobile speed enforcement programs, within certain restrictions and limitations; and WHEREAS, to address the public safety concerns involved in people running red lights or speeding in certain speed zones, including school zones, the City of Auburn is interested in employing such programs; and WHEREAS, Gatso USA, Inc, can provide the technology and business services for a photo red light and speed enforcement program at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute an Agreement between the City and Gatso USA, Inc., for photo red light and speed enforcement programs, which agreement shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 5106 September 25, 2014 Page 1 of 2 ACT.B Page 7 of 24 Dated and Signed this day of , 2014. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 5106 September 25, 2014 Page 2 of 2 ACT.B Page 8 of 24 Customer Agreement This Customer Agreement (`Agreement ") is made on [Insert Date] (the "Effective Date "), between Gatso USA, Inc., a Delaware corporation with a principal business address at 900 Cummings Center, Suite, 222 - T, BeverIv, Massachusetts 0191 (`Gatso ") and the City of Auburn, WA, with a principal business address at 25 West Main Street, Auburn, WA 98001 (the "City"). WHEREAS, the City wishes to retain the technology and business services of Gatso to provide a Red Light Safety Enforcement and Speed Enforcement program to monitor red -light violations, associated red -light traffic offenses and speed offenses as further defined in Section 3 of this Agreement (the "Services "), as part of the City's automated traffic law enforcement program; and WHEREAS, Gatso agrees to provide the Services, including the hardware and software to implement a red -light photo- enforcement program (`System "), pursuant to the terms of this Agreement; and WHEREAS, it is a mutual objective of both Gatso and the City to reduce the incidence of vehicle collisions at the traffic intersections and citv streets that will be monitored pursuant to the terms of this Agreement. NOW THEREFORE, the parties mutually agree as follows: 1. AGREEMENT TERM; TERMINATION 1.1. Initial Term; Extensions. The Agreement shall commence on the Effective Date and continue for a period of three (3) `ears (the "Initial Term "). Upon expiration of the Initial Term, the Agreement shall automaticalIv renew each gear for subsequent one (1) year terms or such longer term as may be negotiated by the parties based on performance (each a "Renewal Term" and, collectivelv with the Initial Term, the "Term ") subject to renewal pricing that will be provided bv Gatso to the Citv no less than sixty (60) days prior to the expiration of the then current Initial Term or Renewal Term. 1.2. Termination By Agreement. This Agreement may be terminated at any time by the mutual written agreement of Gatso and the City. 1.3. Termination For Cause. Either part` ma`s terminate this Agreement for cause if (a) the other part` has breached its obligations under this Agreement; (b) applicable state or federal law is amended to prohibit or substantially restrict the operation of automated traffic law enforcement systems, including the System being provided by Gatso; or (c) any court of competent jurisdiction rules that the S`-stem, or other similar systems, violates applicable state or federal law or cannot otherwise be used to enforce notices of violation or citations issued hereunder. The terminating part` must provide thirt` (3 0) da` s advance notice to the other part` of its intent to terminate, which notice must include the reasons for the termination. In the case of a breach of this Agreement, the notice must provide the other part` with an opportunity to cure the breach within thirty (30) days after receipt of the notice. Notwithstanding the foregoing, in the event of termination based upon (b) or (c) above, Gatso may suspend the System and all associated Services immediately upon the effective date of such amendment or ruling, as applicable. 1.4. Termination By City For Convenience. The Citv may terminate this Agreement at any time for its convenience bv giving written notice to GATSO not less than 60 days prior to the termination date. If the Citv terminates this Agreement for convenience at anv time within the first three ACT.B Page 9 of 24 `ears after the Effective Date (the "Three -Year Period "), then the City must pay GATSO a fee for that termination in the amount of $700.00 per constructed fixed location camera (the "Termination Fee ") for each month that remains in the Three -Year Period as of the termination date. Termination Fee must be paid Within 30 days after the termination date. There is no Termination Fee if the Cite terminates after the end of the Three -Year Period, including the remainder of the Initial Term and anv Extended Term. For a non - constructed fixed location camera installed on existing infrastructure, the Termination Fee shall be fixed at $2,000.00 regardless of time from the Effective Date. This section Will survive the termination or expiration of this Agreement. 1.5. Cessation of Activities Except Pending Violations. On the termination date (if this Agreement is terminated for convenience pursuant to Section 1.4) or on the first day after any other date of termination or expiration of this Agreement (`Effective Date of Termination "), the image capture activities provided by Gatso under this Agreement shall cease immediately. Gatso Will continue to provide the Services described in Sections 3.10 through 3.16 for violations that are detected prior to the Effective Date of Termination until final disposition of all such violations. 1.6. Removal Of Hardware, Equipment, Restoration. Upon the termination of this Agreement, Gatso shall promptly remove all cameras provided as part of its Services, Which removal shall be completed no later than thirty (30) days after the Effective Date of Termination. In the event Gatso has installed anv other hardware or equipment as contemplated by Section 3.2, Gatso shall remove such hardware and equipment as directed by the City and restore the intersections to substantialIv the same condition as existed prior to this Agreement and repair any damage resulting from the installation or removal of Gatso hardware or equipment. Gatso shall use commercially reasonable efforts such that removal and restoration activities occur Within fortv- five (45) days after the Effective Date of Termination and do not unreasonably interfere With or adverselv affect traffic flow. This section Will survive the termination or expiration of this Agreement. 1.7. Warning Period. As used in this Agreement, the term "Warning Period" refers to a period of the first thirty (30) days following the dav upon Which the first camera is installed and functional pursuant to this Agreement. During the Warning Period, no citation other than Warning notices Will be issued to motorists bv Gatso. For any intersection approach that Was enforced by the Citv prior to the Effective Date and for Which the City determines that a Warning Period is not required, then references herein to the end or expiration of the Warning Period for such intersection approach shall be the date When Gatso first operated a camera at such location. 2. COMPENSATION 2.1. Amount. The City shall pay to Gatso the following fees for the System and related Services subject to the Adjustment to Fees set forth in Section 2.2.3 below: 2.1.1. A "Month1v Fee" of $3,900.00 per camera per month, after successful completion of the demonstration described in Section 3.13, and commencing on the first dav after the Warning Period ends. 2.1.2. A "Camera Relocation credit" of $00.00 for anv_ T- Series camera relocated bv_ Citv in accordance With Section 3.3. o c 12 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 ACT.B Page 10 of 24 2.1.3. An "Expert Witness Fee" of an amount to be mutually agreed upon by the parties for each court proceeding after two (2) per annual term gear for Which Gatso provides Expert Witnesses upon Cit` request as set forth in Section 3.11. 2.2. Fee Pavment. 2.2.1. Gatso shall provide an itemized, monthly invoice to the City Within ten (10) days of the first business dav of the month. Gatso Will provide the first invoice hereunder to the Citv in the month immediately following the expiration of the Warning Period. 2.2.2. For each invoice issued b`- Gatso pursuant to this Agreement, payment shall be due Within thirty (30) days from the date of invoice. Except Where an invoiced balance remains unpaid due to a monthl`- revenue shortfall, the City shall pay Gatso an additional 1.5% monthl`- late fee for invoiced balances unpaid over sixty (60) days from date of original invoice. 2.2.3. Adjustment to Fees. The total Monthly Fee paid by the City to Gatso pursuant to Section 2.1.1, shall not exceed the total monthly revenue received by the Citv from operation of the System for that month, less a monthly fee of $00.00 per camera up to a maximum of $5,000.00 City Operating Cost adjustment, and any amounts owed to other entities as required by law (hereinafter the "Adjusted Monthly Revenue "). The amount by Which the Monthl`- Fee exceeds the Adjusted Monthly Revenue for any calendar month shall be carried over into the following monthly invoice, and shall be paid by Cite as subsequent Adjusted Monthl`- Revenues exceed subsequent total monthly fees. 2.2.4. Monthly Revenue Shortfall. If total Monthly Revenues are not sufficient to offset the amounts carried over Within three (3) months, Gatso ma`s, in its discretion, elect to move any underperforming cameras to new enforcement locations. Thereafter, if Monthly Revenues from such relocated cameras continue to be insufficient to offset the amounts carried over from the previous location Within another consecutive three (3) month period, Gatso shall Waive such amounts due provided that the Citv enters into a Written mutual release of claims reasonablv acceptable to both parties. Such amounts shall be deemed full consideration for anv such release. Finallv, if Gatso Waives amounts due in accordance With this Section two (2) consecutive times (two (2) consecutive quarters), then Gatso may elect to remove one or more underperforming cameras from the System. 2.2.5. Cost Neutralitv. If, as of sixt`- days (60) after effective Date of Termination (other than due to termination for cause by Gatso pursuant to Section 1.3(a)) or the date of any expiration of this Agreement, there remains an unpaid balance of total monthl`- fees due to insufficient Adjusted Monthly Revenue, Gatso shall waive such amounts due. 2.2.6. Fees are Sole Compensation. The fees required pursuant to this Section 2 shall be Gatso's sole compensation for the Service described herein. Except as explicitly set forth herein, all costs and expenses associated With the suppl` , installation, commissioning, operation, maintenance, repair, replacement, and removal of the S`-stem and all related hardware and equipment shall remain the responsibility of Gatso. This provision Will survive the termination or expiration of this Agreement. o ;. c 13 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 ACT.B Page 11 of 24 3. SCOPE OF WORK 3.1. Gatso Project Manager. Gatso Will designate one Gatso employee as the City's principal contact at Gatso ("Gatso Project Manager "). 3.2. Installation of Cameras. Gatso shall install, operate, and maintain cameras at arterial intersections and school speed zone locations identified bv the Citv based on communitv safetv and traffic needs. The cameras Will be installed bv Gatso on Citv owned or controlled poles at the selected intersection approaches or enforcement locations. The City Will provide Gatso With access to such poles and electricity for operation of the cameras on such poles at no charge to Gatso. In the event that there is no feasible pole located at an identified intersection approach, the parties Will negotiate in good faith as to Whether Gatso Will install a pole at such location subject to the provisions of Exhibit A. 3.3. Initial Locations, Relocation, Training. Cameras Will initially be installed at the locations identified bv the Citv and agreed to in Writing by Gatso. Each camera Will remain installed in a single location for a minimum of three (3) months following the expiration of any applicable Warning Period. Notwithstanding the foregoing, School zone cameras may be relocated, and reconfigured for use by the City in alternate locations to include traffic monitoring, red light violations or speed violations outside of school seasons. Upon ten (10) days prior Written notice from the CAN% Gatso Will reconfigure, as necessary, and move a school zone or other camera to a new location identified by the Citv in the manner described in Section 3.2. The Citv may elect to have Gatso train one (1) or more of the Citv's technical staff members in how to move an installed camera to a new intersection approach, including how to attach and align the camera, as Well as how to coordinate With Gatso personnel for necessary technical adjustments for a new camera location. Once Cite designees have completed such training, upon seven (7) days prior written notice from the Citv to Gatso, such designees may relocate a camera on a mutuallv agreed date and time in accordance With such training to an intersection approach With a viable camera pole. The City shall be responsible for any damage to a Gatso camera incurred during, or as a result of, any relocation by the Citv. Anv camera relocated by the City, in accordance with this Section 3.3, Will incur a Camera Relocation Credit as set forth in Section 2.1.2. 3.4. Signag_e. Gatso Will provide and install Manual on Uniform Traffic Control Devices (MUTCD) compliant standard signage for each approach road to an enforced intersection or location at no cost to the City. Gatso shall also provide non - standard signage specified by the City (such as signs that include Welcome messages, logos, or other features), but the Citv shall bear all extra costs attributable to any such non - standard features. Those extra costs shall be included in the first invoice issued bv Gatso to the Citv under this Agreement. All signage must be approved b` the Citv prior to installation by Gatso. 3.5. 24 -Hour Operation. Gatso shall operate the System on a continuous, 24 -hour basis, seven (7) days per Week, except for reasonable scheduled and unscheduled downtime, including System maintenance and repairs as set forth in Section 3.6, and Force Majeure as set forth in Section 5.4. 3.6. System Maintenance, Repairs, Logs. Gatso shall maintain the System and shall promptly repair or replace any damaged or defective equipment at its own expense except if the damage Was caused by the negligent operation of a City owned or controlled vehicle or other negligent act b` the Citv. Gatso shall perform preventative maintenance and cleaning of System components on a regularIv scheduled basis, including review, cleaning and testing of camera settings and operation, communications, and other System components. Gatso Will use commercially reasonable efforts to notify- the Citv and initiate repairs to the S`-stem Within fort` -eight (48) hours after identification of anv damage or a defect. o c I4 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 ACT.B Page 12 of 24 3.7. System Upgrades. In the event Gatso makes upgrades to the software or related performance capabilities of the System generally available to its customers, Gatso Will provide such upgrades without charge to the City. 3.8. Citv Personnel Training. Gatso Will provide System training related to the processing of violations, including training documentation, to City personnel designated by the Citv. 3.9. Images and Data, Violation Package. Gatso Will upload encrypted violation images and embedded violation data to a Gatso server in a timelv manner. Gatso shall correlate images and data With DOL records, and shall assemble the images and data into an electronic violation package (a "Violation Package ") in such a manner so as to allow the Citv to cam out those responsibilities set forth in Section 4.3 of this Agreement. 1O.Processing Of Violation Package. Gatso shall process Violation Packages through a system that shall be accessible bv the City's Police Department, or assigned business unit through the internet to review, and approve or reject, each violation before a notice of violation is issued related to that violation. Gatso shall notify- the City of the list of supported Web browsers for accessing this system. Gatso Will use commercialIv reasonable efforts to process violation images and send a Violation Package to the City's Police Department for review Within five (5) business days after the violation has occurred. Gatso shall provide reasonable aid and assistance in the preparation of documentation for the City's prosecution of citations issued hereunder as may be required by a Court or quasi judicial panel of competent jurisdiction. I I.Notices of Violation. After the Citv's timelv review and direction to electronically transmit a City approved violation on its behalf as set forth in Section 4.3, Gatso shall issue and mail the notice of violation to the violator, and electronically file to the King Count` District Court in accordance With entered between Gatso and Auburn and in accordance With the current applicable Auburn Business Rules on file With the City. The notice of violation With images and data related to the notice of violation shall be electronically submitted to King Count` District Court Within fort` -eight (48) hours, in such form as required and approved by King Count` AOC and by the King Count` District Court (which requirements ma`s change during the Term). 12.Hosting of Images; Call Center. The System shall allow the registered owner or owners of a cited vehicle to review the images and data related to the notice of violation, through the web - portal by using a unique identifier code issued as part of the notice of violation. Additionall`, Gatso Will maintain a toll -free telephone number for registered owners to discuss notices of violation, With hours of 8:00 a.m. to 5:00 p.m. (Pacific) Monday through Friday, not including state and federal holidays. 3.13.Hearin .gs. Gatso shall provide fact Witnesses for up to two (2) court proceedings during each year of the Initial Term and during each Renewal Term at no cost to the City as requested bv the City in Writing at least fourteen (14) calendar days in advance of the court proceeding. If the City requires additional fact Witness testimony during any such annual period, the City Will pay Gatso $00.00 per Witness requested to testify- plus actual expenses (including refundable travel expenses) and incidentals verified and approved by the City prior to travel. Reimbursement of actual meal expenses Will be based on Washington State IRS posted reimbursement rates. The Citv may cancel anv_ scheduled Witness Within 48 hours of the scheduled time of travel at no cost to the Citv. 3.14. Demonstration, Approvals. Prior to installation of anv cameras or other equipment Gatso shall demonstrate to the Citv that Gatso has met all the electronic transmitting requirements of the King Count` District Court for processing of the Violation Packages. 3.14.1. A successful demonstration shall include (a) at least three (3) documented, successful electronic transmittals of Violation Packages during separate times o c I s Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 ACT.B Page 13 of 24 and days coordinated through King Count` Courts, (b) receipt by City of a statement from King County District Court approving the process and confirming test criteria completion. 3.14.2. The City shall review and approve the notice of violation form, and violation package form prior to the System entering the Warning Period, as contemplated by Section 1.7. 3.15. Storage Of Violation Packages. Gatso Will store all captured violation data and images pursuant to the policy established by the City and communicated to Gatso prior to the Effective Date, for a period of three (3) `ears following the violation date. The City shall have reasonable access to the Violation Packages during the storage period. 3.16.NLETS Requirements. All authorized Gatso or subcontractor personnel reviewing the vehicle registration information obtained via the National Law Enforcement Telecommunications System ("NLETS ") on behalf of the City shall comply With all applicable State of Washington and NLETS requirements. 3.16.1. Gatso Will use commercialIv reasonable efforts to coordinate and integrate With anv and all current and future connections to ALPR Servers or other license query programs designated by the City at no additional charge to the Citv. 3.17.Reports. Gatso shall provide monthly reports to the City comprised of statistics relating to the functioning of the System, including but not limited to the number of captured violations, the number of violations sent for Police Department approval, the number of notices of violation issued, the number of notices of violation paid, the number of contested notices of violation, the amount of scheduled and unscheduled downtime of the Svstem, and such other data as may be reasonably requested by the City. Reports shall be supplied upon request in electronic and or hard -cop` including but not limited to maintenance, repair, calibration, updates (software or hardware), camera intersection logs if applicable, and related operational reports for review by the city or as part of ongoing hearings or proceedings Which may be required Within a reasonable period. Typically Within 14 days of request. 18.The Citv shall be responsible for the submission of any reports mandated by the State of Washington With regard to the operation of the System. Gatso Will provide reasonable assistance at the City's request. 19.Public Awareness. Gatso shall assist and support the City's efforts in public education and awareness programs, by providing information including, but not limited to, violation statistics and violation statistic improvements. Gatso shall provide the City With a pamphlet that the City may reproduce and distribute to City residents, such pamphlet shall include a description of the operation of the S`-stem in non - technical terms. 3.20.Insurance. Gatso shall, during the Term of this Agreement, maintain insurance coverage in at least the minimum amounts set forth in this Section 3.20. In the event the WSDOT or the Intergovernmental Risk Management Agency require additional coverages or coverage amounts, the Citv shall notify- Gatso of such requirements and Gatso shall update the insurance coverages maintained pursuant to this Section 3.20 Within thim (30) da` s of such notice. 3.20.1. Workers' Compensation and Employer's Liability With limits not less than: Workers' Compensation: statuton Employer's Liability $00,000.00 ea. accident - injure $00,000.00 ea. employee- disease $00,000.00 disease- polic` o c 16 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 ACT.B Page 14 of 24 This insurance shall provide that coverage applies to the State of Washington. 3.20.2. Comprehensive Motor Vehicle Liability With limits for vehicles owned, non - owned, or rented of not less than $1,000,000.00 Bodily Injure and Propert` Damage Combined Single Limit. 3.20.3. Comprehensive General Liability With limits not less than $1,000,000.00 Bodilv Injure and Property Damage Combined Single Limit. 3.20.4. Umbrella Liabilitv With limits not less than $2,000,000.00 Bodily Injure and Property Damage Combined Single Limit. This policy shall apply in excess of the limits stated in 3.20.1 through 3.20.3 above. 3.20.5. Gatso shall list the Citv as an additional insured under all of the policies described in this Section 3.20 and shall file With the City certificates of insurance reflecting the minimum insurance coverage and limits provided in this Section 3.20 prior to commencing Work on the System. 4. CITY RESPONSIBILITIES 4.1. Citv Project Manager. The Citv Will designate one City employee as Gatso's principal contact at the City ("City Project Manager "). 4.2. Cooperation. The City Will cooperate With Gatso during all aspects of the planning, installation, implementation, and operation of the System and perform any other City obligations set forth in this Agreement. For each installation performed by Gatso pursuant to Section 3.2 and 3.3, the City Will provide to Gatso or its subcontractors assistance as reasonably requested by Gatso. The Citv Will not access, move or otherwise tamper With an installed camera except as specifically set forth in Section 3.3. 4.3. Review Of Violations. The City Will provide sworn City police officers, communitv service officers or anv other city employee designated by the City to carefully review each Violation Package to determine Whether: (a) the violation is approved and notices of violation can be generated or (b) the violation is rejected. If the violation is rejected, the Police Department Will report to Gatso the basis for the rejection. The City is solely responsible for determining Which violations identified b`- Gatso are issued as citations and enforcing such citations and shall inform Gatso of its determination Within seven (7) days of receiving the respective Violation Package. 4.4. Hearings. The Citv shall be solelv and exclusively responsible for all aspects of the hearing process as set forth in Auburn Municipal Code Sec. 10.42.030, as it may from time to time be amended. Gatso shall be required to provide assistance to the City relative to the hearing process by providing a speed measuring device certificate that complies With IRLJ § 6.6(b) and b` providing expert Witnesses as set forth in Section 3.13. The terms and conditions of this Agreement shall apply to any such assistance by Gatso. 4.5. Collections, Reporting. The City Will cause the King Count` District Court to collect infraction fees as contemplated by this Agreement. The City shall diligently pursue collections of overdue and unpaid infraction fees. In the event a violator fails to pay or contest a notice of violation within sixt` (60) da` s of receipt, the Cit y shall refer such matters to King CountN District Court for failure to pay in a timely manner. Within 3 business days of receipt of any infraction fee o c 17 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 ACT.B Page 15 of 24 payment the City Will cause such payment to be entered in to the System as directed by Gatso. Within five (5) days of the end of each calendar month, the King Count` District Court Will provide to Gatso an accounting of any funds associated With collection efforts by the King Count` District Court. All such amounts shall be included in the Adjusted Monthly Revenue calculation, as set forth in Section 2.2.3. 4.6. Access to Information Services. To the extent required by NLETS, the City Will provide Written authorization (in a form reasonably acceptable to the City) for Gatso to perform WSDOL inquiries on behalf of the Citv. 5. GENERAL PROVISIONS 5.1. Indemnification Obligations. 5.1.1. The Citv shall indemnify, defend, and hold harmless Gatso and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert With them (including but not limited to equipment suppliers and installers) (the " Gatso Indemnitees ") from and against any and all third part` claims arising out of or related to: a. anv material breach of the representations and Warranties of the City set forth in Section 5.3.2, b. negligence or misconduct of the City or its employees, contractors, or agents that results in bodilv injure to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the negligence or misconduct of anv Gatso Indemnitee; c. the validity of the results of the City's use of the System or anv portion thereof, or the validity of any notice of violation or traffic citation issued, prosecuted, and collected as a result of the City's use of the System except to the extent caused b`- Gatso's failure to comply With the terms of the Agreement. 5.1.2. Gatso shall indemnify, defend, and hold harmless the City and its elected officials, officers, employees, agents, representatives, and permitted assignees and all persons acting by, through, under or in concert With them (the "Citv Indemnitees ") from and against any and all third part` claims arising out of or related to: a. anv material breach of the representations and Warranties of the Gatso set forth in Section x.3.1, b. negligence or misconduct of Gatso or its employees, contractors, or agents that results in bodilv injure to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the negligence or misconduct of anv Citv Indemnitee; or o c I s Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 ACT.B Page 16 of 24 c. a claim that the System infringes the copyright or U.S. patent of a third part`. In the event such a claim is made or appears likely to be made, Gatso Will either: (i) enable the City to continue to use the System, (ii) modify- the S`-stem to render it non - infringing, or (iii) replace the System With a replacement System at least functionally equivalent. If Gatso determines that none of these alternatives is reasonablv available, Gatso shall have the right to terminate this Agreement effective immediately. 5.1.3. In the event any third part` claim, action, or demand for Which a part` seeks indemnification from the other pursuant to this Section 5.1 (each a "Claim "), the Indemnified Part` must give the IndemniAing Part` Written notice of such Claim promptly after the Indemnified Part` first becomes aware of it. The Indemnif -ing Part` Will have the right to choose counsel to defend against the Claim (subject to approval of such counsel by the Indemnified Part`, Which approval may not be unreasonably Withheld, conditioned, or delayed) and to control and settle the Claim. The Indemnifying Part` Will have the right to participate in the defense of the Claim at its sole expense. This provision Will survive the termination or expiration of this Agreement. 5.2. LIMITATION OF LIABILITY. EXCEPT FOR AMOUNTS PAYABLE WITH RESPECT TO THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 5.1: (A) NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THE AGREEMENT, THE SERVICES, OR THE SYSTEMS, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, AND (B) THE AGGREGATE LIABILITY OF EITHER PARTY FOR DIRECT DAMAGES ARISING OUT OF THE AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE LIMITED TO THE FEES PAID OR PAYABLE BY CITY TO GATSO PURSUANT TO SECTION 2.1 DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM. This provision Will survive the termination or expiration of this Agreement. 5.3. Representations and Warranties. 5.3.1. Gatso represents and Warrants that at all times during the Term: a. it has the legal power to enter into the Agreement, b. the Systems are provided and Will continue to perform in accordance With this Agreement, c. the Services described herein Will be performed in a Workmanlike and professional manner With due care and skill, d. it Will perform the Services described herein in compliance With all applicable federal, State of Washington, and local laws including Without limitation the Fair Labor Standards Act, any statutes regarding qualification to do business, any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification including Without limitation the Americans With Disabilities Act of 1990, 42 U.S.C. §§ 12101 et sect, o ;. c 19 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 ACT.B Page 17 of 24 e. it is not barred by law from contracting With City or With any other unit of state or local government as a result of (a) a delinquency in the payment of anv tax administered b`- the State of Washington Department of Revenue unless Gatso is contesting, in accordance With the procedures established by the appropriate revenue act, its liabilitv for the tax or the amount of the tax, f. the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Agreement and that this Agreement is made Without collusion With anv other person, firm, or corporation. If at any time it shall be found that Gatso, in procuring this Agreement, has colluded With any other person, firm, or corporation, then Gatso Will be liable to the City for all loss or damage that the Citv ma`s suffer thereby, and this Agreement Will be null and void, at the City's option, and g. neither it nor any of its principals, shareholders, members, partners, or affiliates, as applicable, is a person or entity named as a Specifically Designated National and Blocked Person (as defined in Presidential Executive Order 13224) and that it is not acting, directly or indirectly, for or on behalf of a Specifically Designated National and Blocked Person. Gatso further represents and Warrants to the City that Gatso and its principals, shareholders, members, partners, or affiliates, as applicable, are not, directly or indirectly, engaged in, and are not facilitating, the transactions contemplated by this Agreement on behalf of any person or entity named as a Specifically Designated National and Blocked Person. 5.3.2. The City represents and Warrants that at all times during the Term: a. it has the legal power to enter into and perform its obligations under the Agreement and that it has complied With any and all applicable federal, State of Washington, and local procurement requirements in connection therewith, and b. it Will utilize the System in compliance With all applicable federal, State of Washington, and local laws and in accordance With this Agreement. 5.3.3. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 5.3: a. THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON - INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PEFORMANCE. b. GATSO MAKES NO WARRANTY THAT THE SERVICES AND /OR SYSTEM WILL MEET CITY'S REQUIREMENTS, OR THAT THE SERVICES AND /OR SYSTEMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES GATSO MAKE ANY I" o �. ".r 110 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 ACT.B Page 18 of 24 WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND /OR SYSTEM. 5.4. Force Majeure. Neither part` shall be liable for delays in the performance of its obligations hereunder due to a Force Majeure Event. "Force Majeure Event" means conditions or other circumstances, such as acts of God, that: (i) Were not foreseen, and could not have been reasonablv foreseen, by the part` obligated to perform, (ii) are beyond the control of the part` obligated to perform, and (iii) materially hinder or interfere With the ability of the part` obligated to perform to complete performance, provided, however, that no such condition or circumstance Will be a Force Majeure Event if it is the result of the fault, negligence, or material breach of this Agreement by the part` obligated to perform. Examples of Force Majeure events include Wars, floods, strikes and labor disputes, unusual delay in transportation, epidemics abroad, earthquakes, severe adverse Weather conditions not reasonably anticipated, and delays in permitting. 5.5. Relationship between Gatso and City. Gatso is an independent contractor. This Agreement does not create, and nothing in this Agreement may be deemed, construed, or implied to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. Further, this Agreement does not permit either part` to incur anv debts or liabilities or obligations on behalf of the other part`, except only as specifically provided herein. 5.6. Assignment. Neither partti- may assign this Agreement, in Whole or in part, Without the prior written consent of the other part`, Which consent shall not be unreasonablv Withheld or delaved. Notwithstanding the foregoing, Gatso may assign the Agreement to an affiliate or in connection with a merger or sale of substantially all of the assets related to the Agreement. The Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 5.7. Escalation Procedure. The following procedure Will be followed if resolution is required to a conflict arising during the performance of this Agreement. Nothing in this Section 5.7 shall prohibit either part` from seeking equitable relief in anv court of competent jurisdiction during the Term. x.7.1. When a conflict arises between the City and Gatso, the project team members Will first strive to Work out the problem internally. 5.7.2. If the project team cannot resolve the conflict Within five (5) business days, the City Project Manager identified pursuant to Section 4.1 and the Gatso Project Manager identified pursuant to Section 3.1 Will meet to resolve the issue. 5.7.3. If the conflict is not resolved Within five (5) business days after being escalated to the Project Managers, a senior executive of Gatso Will meet With the Cit`� Mavor Within five (5) days to resolve the issue. 5.7.4. If the conflict remains unresolved as described in Section 5.7.3, the parties ma` mutually agreement to terminate the Agreement pursuant to Section 1.2 or seek other legal relief as set forth in Section 5.8. 5.7.5. During any conflict resolution, Gatso agrees to provide those Services relating to items not in dispute, to the extent practicable pending resolution of the conflict and the City agrees to pay undisputed invoices as set forth herein. I" o �. ".r 111 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 ACT.B Page 19 of 24 5.8. Applicable Law, Jurisdiction and Venue. This Agreement is governed by and construed in all respects in accordance With the laws of the State of Washington, Without regard to any conflicts of laws rules. Anv lawsuit arising out of or in connection With this Agreement must be filed in a state or federal court of competent jurisdiction in Washington, and both parties specifically agree to be bound b`- the jurisdiction and venue of such courts. 5.9. Entire Agreement, Amendment. This Agreement and any Exhibits constitutes the entire agreement between the parties about the Services and supersedes all prior and contemporaneous agreements or communications. This Agreement may only be amended by a Writing specifically referencing this Agreement Which has been signed bV authorized representatives of the parties. 5.10.Counterparts. This Agreement may be signed in one or more counterparts, each of which Will be deemed to be an original and all of Which When taken together Will constitute the same Agreement. Any copy of this Agreement made by reliable means (for example, photocopy of facsimile) is considered an original. 5.11.Enforceability. If an`- term in this Agreement is found by competent judicial authority to be unenforceable in any respect, the validitv of the remainder of this Agreement Will be unaffected, provided that such unenforceabilit`� does not mate iall`� affect the parties' rights under this Agreement. 5.12.Waiver. An effective Waiver under this Agreement must be in Writing signed by the part` waiving its right. A Waiver by either part` of any instance of the other party's noncompliance with any obligation or responsibility under this Agreement Will not be deemed a Waiver of subsequent instances. Signature Page Follows I" o �. ".r 112 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 ACT.B Page 20 of 24 IN WITNESS WHEREOF, Gatso and the City of Auburn, WA have caused this Agreement to be executed by their properly authorized representatives as of the Effective Date. Agreed to: Gatso USA, Inc. Bv_ Authorized signature Name (type or print): Date: Attested to: Bv_ Authorized signature Name (type or print): Date: I" o �. ".r 113 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 ACT. B Agreed to: City of Auburn, Washington Bv_ Authorized signature Name (type or print): Date: Attested to: Bv_ Authorized signature Name (type or print): Date: Approved as to Form: Citv Attomev Page 21 of 24 EXHIBIT A Additional Terms and Conditions for Installation of Camera Poles In the event that Gatso is required to install one (1) or more camera poles pursuant to Section 3.2, the following additional terms and conditions shall appl` A. Obtaining Permits. Gatso shall prepare all permit applications, design drawings or other related documents as ma`s be reasonably required by the City or any other governmental entities for the installation and operation of the camera poles. The City Will provide to Gatso, at no cost, all City permits necessary- for the operation of the System and provision of the Services provided Gatso meets the minimum requirements for such permits. Gatso Will use commercially reasonable efforts to obtain anv other necessan� permits for the camera poles from applicable agencies and shall pay all permit or other fees charged by such governmental entities in connection With the installation and operation of the System. The City Will reasonably assist Gatso in securing necessan� permits from other governmental agencies, as required. B. Installation. Gatso Will commence installation of the camera poles Within ten (10) business days after anv and all necessary- State of Washington, Count`, and City permit applications have been approved and such permits have been received. Gatso shall not be responsible for any delays associated With the failure of anv state or local government to promptly provide applicable permits. In the event any permitting agency requires one (1) or more upgrades to any City owned or controlled equipment at any intersection Where the System Will be installed, such upgrades shall be the sole responsibility of the Citv. Gatso ma`s elect to add a separate circuit breaker to the traffic control system power source to obtain electric power for the System. Gatso Will use commercially reasonable efforts to complete installation of the System in a timelv manner. C. Removal Of Hardware, Equipment, Restoration. Upon the termination of this Agreement, Gatso shall restore the City's property as directed by the City to substantially the same condition as such property Was in immediately prior to this Agreement. Notwithstanding the foregoing, Gatso Will not remove any camera pole foundations unless mutually agreed by Gatso and the Citv. Installed underground conduit and other equipment shall not be required to be removed. Gatso shall use commercially reasonable efforts such that removal and restoration activities occur Within fort` -five (45) days after the Effective Date of Termination and do not unreasonablv interfere With or adverselv affect traffic flow. I" o �. ".r 114 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 ACT.B Page 22 of 24 C i..i,y C�1: VVA,S p � I N G "i'( Agenda Subject: Project Matrix AGENDA BILL APPROVAL FORM Department: Attachments: Police Prqj rix Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember: Peloza Meeting Date: October 27, 2014 Date: October 22, 2014 Budget Impact: $0 Staff: DI.A AUBURN * MORE THAN YOU IMAGINED Page 23 of 24 MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX NO. PROJECT DESCRIPTION LEAD COST REVIEW DATE EST. COMPL. STATUS DATE The GATSO proposal was reviewed by the Public 10P Red Light Photo Enforcement Bob Lee 10/27/2014 Works Committee on 1016/14. Quarterly Reports: Jan (Prev Oct -Dec); Apr (Prev Jan - 20P Animal Control and Rescue Bob Lee 1/5/2015 On -Going Mar); Jul (Prev Apr- June); Oct (Prev July -Sept) 1st meeting of the month. Quarterly Staff Report: Jan (Prev Oct -Dec); Apr (Prev Jan -Mar); Jul (Prev Apr -Jun); Oct (Prev Jul -Sep). 2nd AVHS Board Review and Animal meeting of the month. Statistical data will be 21 P Shelley Coleman 11/10/2014 On -Going Control Licensing Program provided monthly to the committee for tracking purposes of License sales for measuring the removal of the rabies requirement. The Council Operations Committee /MIT met on 24P Fireworks Update Bob Lee 5/l/2015 On -Going 3/18/14. MIT confirmed same fireworks policies as 2013. MIT will pre- announce vendor demonstrations. 28 P Solid Waste Rate Review Shelley Coleman 11/24/2014 Review for 2015 rates in November 2014. Quarterly Reports: Jan (Prev Oct -Dec); Apr (Prev Jan - 29P Golf Course & Restaurant Review Daryl Faber TBD Mar); Jul (Prev Apr- June); Oct (Prev July -Sept) 2nd meeting of the month. Quarterly update to review Marketing Plan. 2nd 31 P Cemetery Update Daryl Faber 1/19/2015 meeting of the month. NO. ITEM OF INTEREST Annual review of taxation basis to determine if any changes need to be made - dependent upon status 41 Ordinance No. 6398 - Pull Tabs Dan Heid 2/10/2015 of economy. Ordinance No. 6398 was enacted 2/21/12. Quarterly Reports: Jan (Prev Oct -Dec); Apr (Prev Jan - 61 SCORE Jail Stats Shelley Coleman 11/10/2014 Mar); Jul (Prev Apr- June); Oct (Prev July -Sept) 2nd meeting of the month. Review SCORE Jail statistics. 91 Auto Thefts Bob Lee 2/23/2015 Review auto theft statistics every 6 months. Last Revision Date: 10/22/2014 E:\ AGENDA\ MunicipalServicesPaperlessPacket \2014 \19 - October 13 \Resources \Matrix 10/27/2014.xls