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