02-058 Glenn A. Hansen~`
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CITY OF
CUPEI~TINO fi~
AGREEMENT
CITY OF CIJPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
e`
NO. ~ ~ -1 c0
BY THIS AGREEMENT, made and entered into on the 10th day of July , 20 02 ,
by and between the CITY OF CUPERTINO (Hereinafter referred to ~.s CITY) and
Name (1) Glenn A. Hansen _ (2)
Address ~-~
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as fo ows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: See attached Exhibit A
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A-Technical Review, APAC/
POLTECH Red Light Camera System, City of Cupertino, California, USSA
TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on 7. 1 n. O Z
and shall be completed before ~ • ~~17. O Z
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to exceed ~ ~ 1, 280.00
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in
excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and
liability including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liab'e for acts of Contractor in performing services described herein.
,. due to negligence, errors and omissions
Insurance: Should the City require evidence of insurability, Contract~~r shall file with City a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color,
national origin, ancestry, religion or sex of such person.
Interest of Contractor: It is understood and agreed that this Ag~eement is not a contract of employment in the sense that the
relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent
contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor
certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any
kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME Kevin Jensen
DEPARTMENT Santa Clara Co. Sheriff's Dept.
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRAC/TOR:
~ ~+~ BY
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Soc. Sec. # ~.~ ~
APPR9VALS // ,- _ , / EXPENDITURE DISTRIBUTION
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CITY CL K
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White: City Clerk /~ Green: Find ce~ ~ Yellow: Contractor Q I PinkF Receiving Gold: Department
TECHNICAL REVIEW
APAC/POLTECH RED Ll[GHT CAMERA SYSTEM
CITY OF CUPERTINO, CALIFORNIA, USA.
BACKGROUND
1. In 2001, the City of Cupertino signed << contract with APAC/Poltech International
Limited for the provision of a Red Light Camera system as part of a Lockheed
Martin/IMS red light program.
2. At a meeting between the City of Cupertino, the Santa Clara Sheriff s Department
and POLTECH INTERNATIONAL LIMITED (Poltech) in March 2002, it was
requested and agreed that Poltech would assume day to day management of the
red light program in lieu of American Plastics and Chemicals Pty. Ltd. (APAC)
due principally to the dissatisfaction of the City with APAC's performance as
program manager over a considerable I~eriod of time.
3. At the above meeting, the Santa Clar;~ Sheriff s Department (SCPD), supported
by the City of Cupertino, requested that the red light camera systems installed in
the City of Cupertino by APAC/Poltech during 2001 be subject to a final,
independent technical review prior to operational status.
4. This request came about in order to provide SCPD with a level of confidence in
the APAC/Poltech systems necessary for the SCPD to commence the issuing of
red light camera citations captured by those systems.
5. The City of Cupertino has agreed to fi.uid the technical review in order to ensure
complete independence of the review: however, at the completion of the review,
Poltech and the City of Cupertino have agreed that Poltech International Limited
will reimburse the City for the cost of the review. Poltech has provided a Letter of
Commitment to the City which reflects these arrangements.
SCOPE OF SERVICES
The selected automated enforcement technology is to be independently and
expertly reviewed to confirm that: images captured provide an accurate
representation of an alleged red light violation.
2. The selected camera locations are to be scrutinized by the independent reviewer
to ensure that accepted engineering practices have been employed, including but
not limited to, proper amber/red pha:;e timing, sight distance, stop bar location,
piezo location, etc.
The selected camera locations are to be scrutinized by the independent reviewer
to ensure that the detection devices installed accurately detect alleged red light
violations.
4. The records management system is to be reviewed to ensure that appropriate
documentation is available to allow for successful court prosecution of alleged
violations.
5. Existing and proposed "back office" technology will be reviewed to ensure that
the integrity of evidence, documents, the issuance and tracking of citations, court
appearances, payments and follow-up ~;,itations to scoff laws is established.
6. The review recognises that the selected automated enforcement technology is
classified as one component of an efff;ctive road safety program in Cupertino to
reduce red light running violations.
7. A brief review of the RLC system as part of the integrated safety program will
also be conducted.
PURPOSE
1. To provide a technical review of the ~~PAC/Poltech red light camera system and
provide the outcomes of that review to the Santa Clara Sheriff and the City of
Cupertino City for consideration.
2. Upon completion of the technical review and, if the APAC/Poltech red light
camera system is deemed technicall~/ acceptable, the APAC/Poltech red light
camera system will be declared as suit;~ble for the issuing of red light citations.
TECHNICAL REVIEW METHODOLOGY
1. An on-site technical assessment, combined with a document review process, will
be used as the basis for the technical review.
2. Upon request, the City of Cupertino :;hall make available to the consultant team
for inspection purposes copies of the fallowing relevant documentation:
a. Current Standard Operating Procedures and/or guidelines related to the
red light camera program by the City of Cupertino and the Santa Clara
Sheriffs Office.
b. Signal phase data related for each intersection to be monitored by a red
light camera.
c. Current California DOT regulations related to intersection design and
signal phase requirements if different from current MLTTCD regulations.
d. Enabling legislation and any a~1d all other legal operational requirements.
e. The RFP that was issued as ~~ basis for selecting the technology in this
case
f. The proposal by APAC/Poltech in response to the issued RFP.
DELIVERABLE
A written report shall be provided to the Santa Clara Sheriff and the City of
Cupertino that:
1. Describes the operational functionality of the APAC/Poltech system.
2. Summarises the technical capability of'the APAC/Poltech system.
3. Describes the suitability of the APAC/Poltech system in relation to the
requirements necessary to enable successful prosecution of drivers for violations
at red-light controlled intersections.
4. Provide a general summary and make appropriate recommendations as to the
suitability of the APAC/Poltech system for traffic law enforcement purposes.
5. Highlight any other significant issues that may support, or not support, the use of
the APAC/Poltech system for prosecution purposes.
COMPENSATION MILESTONES
1. Approval of this review process by th~~ City of Cupertino and/or the Santa Clara
Sheriff and the Chief of the Department of Police of Howard County.
Completion of the review and they filing of the consultant's report and
recommendations.
2. Consultant shall be reimbursed for out of pocket expenses incurred within sixty
days of submitting an invoice at an amount not to exceed $4,880 relative to the
following breakdown of allowable expenses. Detailed listing of such expenses
including receipts shall be furnished to the City.
a. Airfare - $1,500 per person. 1\~aximum of two(2) people Roundtrip from
Maryland/DC Metro to San Jose/Cupertino area. Cost of airfare is to be
presented to Poltech representative for review before purchase;
b. Per Diem - $50 per day per a maximum of two (2) people for three days to
include all meals and incidentals;
c. Rental Car - $60 per day for a maximum of three days;
d. Hotel - $200 per day, per a ma~:imum of two (2) people, for a maximum of
three (3) days.
e. Long-Distance Telephone- $200 maximum.
3. A lump sum payment in the amount of $6,400.00 shall be paid the Consultant.
Seventy-five percent shall be paid upon delivery of the Consultant's draft report
and the balance of twenty-five perce~rt shall be paid upon delivery of the final
report.
4. The consultant team acknowledges that POLTECH INTERNATIONAL
LIMITED shall ultimately bear the cost of the review as the final part of its
obligations as agreed between the City of Cupertino and the Santa Clara Sheriff at
the March meeting referred to earlier in this document.
ACKNOWLEDGEMENTS
1. Mr. Glenn Hansen of the consultant team is widely regarded locally, nationally
and internationally for his expertise i:n the application of digital technology as a
traffic-law enforcement tool.
2. Mr. Hansen is familiar with the technic~~l and operational aspects of the
APAC/Poltech red light cameras systems.
3. Mr. Hansen is a full time employee of fhe Howard County Department of Police
in Maryland.
4. Mr. Hansen has no commercial interest in, or relationship with, POLTECH
INTERNATIONAL LIMITED.
5. As an employee of the Howard County Department of Police, Mr. Hansen will
follow all rules of ethics related to employment in any non-Howard County
related activity.
6. Mr. Hansen will not under any circumstances violate these rules.
7. Howard County has had, or currently h;~s, contractual relationships with the
following automated enforcement technology providers.
a. APAC/Poltech
b. Redflex Traffic Systems
c. Driver Safety Systems
d. PEEK Traffic
e. ROBOT
f LeMarquis
g. Traffipax
h. EDS
i. USPT (now Affiliated Compute~° Systems)
j. Technicon
8. Howard County has a current contractual relationship with APAC.
9. At the time of execution of the Cupertino contract, APAC was a distributor of
products manufactured by POLTECH.
10. APAC is not owned by POLTECH.
11. If Chief Livesay determines that Mr. Hansen should not complete this work for
any reason, Mr. Hansen will not do thi;~ work.
12. Mr. Hansen has not, and will not be, compensated for any work completed in
advance of the decision by Chief Livesay.
Consultant Team:
Glenn A. Hansen
Tony Vaughan
Poltech Int. Direction-U. S. Operations
C'. Edward Walter
Signed for and on behalf of the City of Cupertino
l0 J 02
Sg . Kevi Jensen Date
_16/07 '02 TUE 14:12 FAT 61 3 9629 6050 POLTECH INT LTD [005
07/15/02 08:29 $408777~9~5 CIT:~' CUPERTINO -~-~-+ rv,.,n~,n ,na ,.,-. •c:,--.-. -
2. Mr. Hawsers is familiar with the technical and operational Aspects of the
APAC/Paltech red light cameras systems. artment of Police
3. Mr. Hansen is a full time employee of the Howard County Dap
in Maryland,
4. Mr. Hansen has no commercial interest in, or relationship with, POLTECH
INTERNATIONAL LIM[TTED. Mr. Hansen will
5. As an employee of the Howard County D~rparrtnent of Police,
follow all rules of ethics related to emplo~rment in any non-Howard County
related activity.
6. Mr. Hansen will has hadeor currently haslcontractualtrelationlships vrith the
7. Howard County ,
following autopaated eni:orcemeat technology providers.
a, APAC/Poltech
b. 12edflex ?4'u~o b~stems
c. Driver Safety Systems
d. PEEK Tra,~`ic
e. ROBOT
f. LeMa~quis
g. 1~aff pas
h. EDS
i. USPT (now A~~liated Computer Systems)
j, Technicon
8. Howard County has a current contractu~~l relationship with APAC.
9. At the time of execution of the Cupertino contract, APAC was a distributor of
products manufactures[ by POLTECH.
10. APAC is not owned b;y POLTECH.
1 l . If Chief Livesay determines that Mr. H~anscn should not complete this work for
any reason, Mr. Hansen will not do this, work. work com feted in
12. Mr. Hansen has not, and will not be, compensated for any P
advance of the decision by Chief Livesay.
Consultant Team:
7~--
.~een A. San~en
~~~
(:. Edwvard Walter
aughan
Ynt. Direct~6~-U. S. Operations
a ~~~~T~v~; ~~~
Signed for and on behalf ~~f the City of Cupertino
gg . Kevi Jensen
io ~ 02
Date