00-052 Lockheed Martin IMSCITY OF CUPERTINO
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Final
April 13, 2000
This Agreement is made on this ~~~ day of ~~~~2~~~, 2000 at Cupertino, California, by
and between the City of Cupertino, a municipal corporation, (hereinafter referred to as
the "CITY") and Lockheed Martin IMS (hereinafter referred to as the "CONTRACTOR").
RECITALS
A. The CITY proposes to contract for servi~~es as outlined below. The CITY desires to
license certain systems and equipmE~nt of CONTRACTOR and utilize certain
services of CONTRACTOR as describecl below.
B. The CONTRACTOR is willing to perfc-rm such services and has the necessary
qualifications by reason of experience, preparation, and organization to provide such
services;
C. CONTRACTOR, through its Municipal Services Line of Business, has the ability and
expertise to furnish to the CITY equipment and services for the purposes of
detecting certain traffic violations and issuing citations to the alleged violators.
D. NOW, THEREFORE, the CITY and the CONTRACTOR, mutually agree as follows:
1. DEFINITIONS. Certain words and phr~~ses used in this Agreement shall have the
specific meaning shown in this Section 1. Unless otherwise specifically defined
herein, all other words shall have their u:~ual and customary meaning.
1.1 "Photo Safety Program" means typE~ of service that is being conducted by the
CONTRACTOR for the CITY.
1.2"Final Disposition" means as to the citations: (a) payment of the assessed Fine
(hereinafter defined) with respect to a Violation (hereinafter defined); (b) plea of
guilty or no contest with respect to a Violation; (c) conviction with respect to a
Violation; (d) any disposition (including dismissals as a result of successful
completion of a traffic violator school course) other than the finding of not guilty
with respect to a Violation.
1.3"Fine" means a monetary sum assessed for a Violation which is actually received
by the CITY including bail forfeitures received but does not include suspended or
unpaid fines.
1.4"Citation" means the initial pleading in a criminal or civil traffic action relating to a
Violation documented or evidenced h~y the CONTRACTOR System.
CITY OF CUPERTINO
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Final
April 10, 2000
1.5"Person" means an individual, partnership, joint venture, corporation, trust,
unincorporated association, any governmental authority, political subdivision,
thereof or any other form or entity.
1.6"Unattended Housing" means a pole and cabinet used to house the Unit. The
"Unattended Housing" may also include a "video loop" presence detection
system, as well as the wiring, which connects the terminal block in the
unattended housing to the City traffic signal controller.
1.7"Unit" means a photographic red light violation monitoring device consisting of a
camera, flash, central processing unit, signal controller interface and digital loop
detector capable of accurately measuring violations of red lights by motor
vehicles and such "Unit" records such violation information on a photograph of
such vehicle.
1.8"CONTRACTOR System" means the CONTRACTOR services furnished and
equipment licensed to the CITY, pursuant to this Agreement.
1.9"Violation" means any traffic violation contrary to the terms of the State of
California Vehicle Code or the City Municipal Code, including without limitation,
operating a motor vehicle contrary to traffic signals, and operating a motor
vehicle without displaying a valid license plate or registration.
2 LICENSE
2.1 fn consideration of the fees and payments set forth in Section 7 below,
CONTRACTOR hereby licenses seven (7) Units and Unattended Housings to the
CITY solely for use in documenting violations and collecting Fines in accordance
with the terms hereof at seven (7) intersections with the option to expand in the
City. The number of Units and/or Unattended Housings to be installed at the
intersections proposed by the CITY for enforcement consideration will be
determined by pre-enforcement intersection analysis of the CONTRACTOR and
will include those approaches found to have the required minimum number of
violations as specified in CONTRACTOR"S Bid Proposal (Exhibit B herein). The
quantity of Units and Unattended Housings may be increased or decreased by
mutual agreement of the parties. The CONTRACTOR shall have first right of
refusal for any particular location. For purposes of this paragraph, such
agreement may be made in writing by the City Council and CONTRACTOR's
Regional Vice President. In addition, the CONTRACTOR has exclusive right to
process all violation notices issued as the result of any photo enforcement
detection undertaken on behalf of the CITY.
2.2Subject to the CITY's obligations under the Public Records Act, proprietary and
technical information including information about the use, design, specifications
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CITY OF CUPERTINO
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Final
April 10, 2000
or other matters related to the Unit, learned by the CITY from and about
CONTRACTOR during the term f~ereof shall be deemed confidential and
proprietary. Such confidential information shall be held in confidence and shall
not be used or disclosed by the CITY as expressly provided in this Agreement.
The CITY agrees that it will take all reasonable measures necessary to protect
the secrecy and confidentiality of and avoid disclosure or use of the confidential
information of CONTRACTOR. The obligations of confidentiality shall not apply
to information which: (a) has entered the public domain other than as a result of
an act or omission of the CITY, or (b) which subsequent to disclosure hereunder
is obtained by the recipient party orl anon-confidential basis from a third party
who has the right to disclose suci~ information, to the recipient party. The
foregoing commitments shall surv!ve any termination or expiration of this
Agreement.
3 AGREEMENT. This agreement consists of this document and attachments "Exhibit
A" (Scope of Services), and "Exhibit B" (Bid Proposal). In the event of a conflict
among the provisions of the foregoing documents, the provisions of this Agreement
shall govern, then the provisions of "Exhibit A", then the provisions of "Exhibit B".
4 SERVICES. The CONTRACTOR shall perform those services set forth in "Exhibit
A," (Scope of Services) and "Exhibit B" (Bid Proposal) which is attached hereto and
incorporated herein by reference.
4.1 New Technology. In the event there are new developments in photo
enforcement technology and the transition process into new image capture and
violation detection technologies as t'ney become proven systems and the Court
accepts digital imagery, the CITY arn~ CONTRACTOR may negotiate changes in
this agreement.
4.2The CITY may elect during the term of the contract any or all of the options, as
defined in the CONTRACTOR'S Proposal dated November 30, 1999 in response
to the CITY"S Request For Proposal. The CITY shall make the authorization of
any or all options in writing. Pricing of such services if selected shall be
negotiated.
5 COMMENCEMENT OF PERFORMANc~E. CONTRACTOR shall commence the
performance of the services provide~~ for herein upon full execution of this
Agreement and CONTRACTOR'S recei~~t of a Notice to Proceed ("NTP") by the City.
The date upon which CONTRACTOR rE:ceives the NTP shall be the Effective Date
of this Agreement.
6 TERM OF AGREEMENT. This Agreement shall continue in effect for the five (5)
years following the first day of issuance of citations, after the legally mandated one
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CITY OF CUPERTINO
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Final
April 10, 2000
month warning period. This Agreement may be extended for one or more additional
years, upon mutual agreement. City shall provide ninety (90) days notice to the
CONTRACTOR of its intention to extend the Agreement.
6.1 Upon termination of the Agreement, CONTRACTOR shall remove all
CONTRACTOR's equipment at its own expense and restore CITY property to its
original condition. Should the CONTRACTOR fail to remove all equipment within
60 days, the CITY shall bill the CONTRACTOR for their removal.
7. PAYMENT FOR SERVICES. The CONTRACTOR shall be compensated for
services provided as described below in Section 7.1, pursuant to this Agreement.
Compensation shall under no circumstances be increased or decreased except by
written amendment of this Agreement, except as provided in Section 7.2 or Section
7.8 of this Agreement.
7.1. The CITY shall pay to CONTRACTOR a fee equal to the amount the City
receives per paid citation (the "Processing Fee") for each citation detected and
processed by the CONTRACTOR that results in a fine collected by the CITY.
CITY shall remit to CONTRACTOR the amount equal to the amount the CITY
receives from the Court for each paid citation. Pricing is based upon installation
of enforcement systems at seven mutually agreeable locations, assuming the
continuance of traffic signal operations in effect at the time of this proposal.
7.2. The CITY shall pay to CONTRACTOR a fee equal to $87.50 per paid citation for
the processing of any violation detected by a photo enforcement system other
than that of CONTRACTOR.
7.3. Pricing is based upon CONTRACTOR'S installation of a minimum of five (5)
suitable enforcement sites within the CITY'S proposed intersections. A suitable
enforcement site is defined as meeting the CONTRACTOR"S minimum violation
criteria and installation requirements, which are specified in Exhibit "B" (Bid
Proposal).
7.4. Upon the first month that Processing Fee payments are received by the
CONTRACTOR, the CONTRACTOR will begin monthly payments to CITY in
reimbursement for the services of one Santa Clara County Sheriffs Department
Deputy Sheriff, at the rate of $12,500 per month. The CITY will prepare an
invoice monthly, and CONTRACTOR shall pay within thirty (30) business days
of receipt thereof. The payment amount shall be adjusted annually,
commensurate with the cost of living adjustment provided by the Santa Clara
County Sheriff's Department.
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AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Final
April 10, 2000
7.5. The expense for the relocation of CITY loops for intersections identified in the
Request for Proposal shall be the responsibility of the CONTRACTOR, if such
relocation is required.
7.6. The CITY shall assist CONTRACTOR in obtaining all required information from
the Court(s) where Citations are filed electronically, in the Court's records
management system, on line or in batch mode on a nightly basis, so that
CONTRACTOR can track payments on the CITY 's behalf and provide for
proper invoicing and reporting for tt~e CITY. The CITY shall be responsible for
any cost identified by the Court, which is associated with the interface.
7.7. CONTRACTOR shall provide the CITY with monthly statements and/or invoices
with respect to Fines and/or Final Disposition without a Fine, which the CITY
shall pay within thirty (30) business clays of receipt thereof.
7.8. In the event that the CITY terminates this Agreement and provided that all of the
terms and conditions of this Agreement have been satisfied by CONTRACTOR,
the CITY shall pay CONTRACTOR to continue to redeem outstanding citations
until their expiration and will reimburse CONTRACTOR for any program
expenditures which the CITY authorized prior to the termination of the
Agreement and which would not otherwise be reimbursed.
8. CONTRACT ADMINISTRATION.
8.1. The CITY's Representative. Unless otherwise designated in writing, the
CITY"S Traffic Engineer or her/fiis designee shall serve as the CITY's
representative for the administration of the project. All activities performed by
the CONTRACTOR shall be coordinated with this person.
8.2. Manager-in-Charge. John Flynn :shall be in charge of the project for the
CONTRACTOR and shall be responsible for performance of all its tasks and
assuring compliance on all matters relating to this Agreement. The Manager-in-
Charge shall not be replaced with~~ut the written consent of the CITY. Any
changes to this Agreement shall be done in writing and signed by the
CONTRACTOR'S Regional Vice PrE~sident.
8.3. Responsibilities of the CITY. The CITY shall provide all relevant
documentation in its possession to the CONTRACTOR upon request in order to
minimize duplication of efforts. The CITY's staff shall work with the
CONTRACTOR as necessary to f~~cilitate performance of the services. The
CITY shall remain responsible for providing the following elements of the Photo
Safety Program:
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CITY OF CUPERTINO
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Final
April 10, 2000
8.3.1. The CITY shall be responsible for providing CONTRACTOR with "as built"
drawings required by CONTRACTOR for the preparation of drawings for
the installation of the loops, wiring and Unattended Housings.
8.3.2. The CITY shall not levy any permit fees or, if municipal ordinance requires
the assessing of such fees, the CITY shall pay for such fees associated
with the installation of the Unattended Housings.
8.3.3. The CITY agrees it shall diligently prosecute each Citation.
CONTRACTOR shall defend any challenge in any court of competent
jurisdiction to the use of the Unit or validity of its results and/or the use of
the U.S. mails to deliver the Citation. CONTRACTOR shall not be
responsible to defend any challenge in any court of competent jurisdiction
to the use of a photo enforcement detection unit that is not provided by the
CONTRACTOR. CITY Counsel may consult and confer with counsel for
CONTRACTOR in any such proceeding upon reasonable request for such
consultation.
8.3.4. All electrical power required by the Units, except that CONTRACTOR shall
be responsible for connecting the Unattended Housings to the source of
the electrical power.
8.3.5. The CITY will not modify traffic signal operations in effect at the time of the
proposal, without advising CONTRACTOR in advance of such change and
without consideration of the impact of the change on the Photo Safety
Program. The CITY may elect to offer a delay to violators at the start of
the red signal phase, such that the camera will not be activated until a
given period after the light has turned red, but in no case shall the delay
exceed 0.3 seconds (three tenths of one second).
8.3.6. The CITY will reimburse CONTRACTOR for any damage done to
detectors, Units and Unattended Housings resulting from CITY-financed
public works projects. The CITY will use its best efforts to assist
CONTRACTOR to identify and obtain compensation from any party who is
responsible for damage to CONTRACTOR equipment, including but not
limited to Units and the Unattended Housings.
8.3.7. During the term of this Agreement or any extension thereof, the CITY
agrees that it cannot use the Unit, or allow the Unit's use by a third party,
for studies without the prior, written permission of CONTRACTOR.
8.3.8. Personnel. The CONTRACTOR represents that it~has or will secure at its
own expense all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be
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CITY OF CUPERTINO
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Final
April 10, 2000
performed by the CONTRACTOR or under its supervision, and all
personnel engaged in the work shall be qualified to perform such services.
The CONTRACTOR reserves the right to determine the assignment of its
own employees to the performance of the CONTRACTOR's services
under this Agreement, but the CITY reserves the right, for good cause, to
require the CONTRACTOR 'to exclude any employee from performing
services on the CITY's premises.
9.1. The CONTRACTOR shall be solely responsible for the satisfactory work
performance of all employees as described in "Exhibit A" or any reasonable
performance standard established by the CITY and mutually agreed to by
CONTRACTOR. The CONTRACTOR shall be solely responsible for payment of
all employees' wages and benefit:> and subcontractors' costs. Without any
additional expense to the CITY, i:he CONTRACTOR shall comply with the
requirements of employee liability, worker's compensation, employment
insurance and Social Security. 1'he CONTRACTOR shall hold the CITY
harmless from any liability, damage:, claims, costs and expenses of any nature
arising from alleged violations of personnel practices. The CITY shall have the
right to demand removal from thE~ project, for a reasonable cause, of any
personnel furnished by the CONTRACTOR. The CITY must be notified of new
hires or reassignments of project personnel.
9.2. CONTRACTOR must notify CITY ire writing of all changes in management and
project supervisory personnel related to this project.
10. TERMINATION.
10.1. Termination for Convenience. Either party may terminate this Agreement
without cause and in its sole discretion at any time by giving the other party thirty
(30) days' written notice of such termination. In the event of such termination, the
CONTRACTOR shall cease service: as of the date of termination and shall be
compensated for services performed to the CITY's satisfaction up to the date of
termination.
10.1.1. In the event the CITY terrr~inates this Agreement for convenience by
City Council Authority pursuant to this paragraph 10.1, the
CONTRACTOR shall be entitled to a cancellation fee determined in
accordance with the following formula:
A =the number of months remaining within the first three years of
the five year contract term
B = 36 months =the first three years of the contract term
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CITY OF CUPERTINO
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Final
April 10, 2000
A/B = the pro rata percentage of remaining period within the first
three years of the contract
C = 525,000 = the red light camera fixed installation cost per
enforced intersection approach
D = the number of installed systems (intersection approaches
enforced)
(A/B) x (C x D) =amount to be paid as cancellation fee
For example, if the contract proceeds through the tenth day of the sixth
month, and seven enforcement systems have been installed, the pro-rata
portion of the cancellation fee would be:
A = 29.67 months (36 months - 6.33 months transpired contract)
B = 36 months
C = $25,000
D=7
Calculation of Fee =
(29.67!36) - ($25,000 ~ 7)
82.4% ~ $175,000
$144,200
The CONTRACTOR is entitled to payment for valid citations issued at
the time of termination, but which have not been paid at the time of
termination.
10.2. Termination for Cause. All terms, provisions, and specifications of this
Agreement are material and binding, and failure to perform any material portion
of the work described herein shall be considered a breach of this Agreement.
Should the Agreement be breached in any manner, the CITY may, at its option,
terminate the Agreement not less than thirty (30) days after written notification is
received by the CONTRACTOR to remedy the violation within the stated time or
within any other time period agreed to by the parties. In the event of such
termination, the CONTRACTOR shall be responsible for any reasonable
additional costs incurred by the CITY in securing the services from another
contractor.
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CITY OF CUPERTINO
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Final
April 10, 2000
10.3. In the event, if any court of last re:~ort shall rule (other than dicta) that red light
camera results connected with the CONTRACTOR'S detection of violations are
inadmissible or otherwise contrary to law, the CITY may terminate this
Agreement immediately with written notice.
10.4. Force Majeure. Neither party shall be liable for any delay or failure of
performance due to any reason or unforeseen circumstances beyond the
affected party's reasonable control, including acts of God or public authorities,
war and war measures (whether or not a formal declaration of war is in effect),
civil unrest, fire, epidemics, delay in transportation, delivery or supply, or labor
disputes. The obligations and rights of the excused party shall be extended on a
day-to-day basis for the time period equal to the period of the excusable delay.
10.5. Upon termination of this Agreement as herein provided, CONTRACTOR shall
provide all reasonable assistance and use its reasonable efforts to deliver to the
CITY in an orderly and expedient manner, all records prepared for or belonging
to the CITY. Notwithstanding expiration of the Agreement, the CITY shall pay
CONTRACTOR all amounts due and payable under Section 7 hereof.
11.INDEMNIFICATION.
11.1. The CONTRACTOR shall indemnify, defend, and hold harmless the CITY, and
its officers, employees, and agents ("CITY indemnitees"), from and against any
and all causes of action, claims, liabilities, obligations, judgments, or damages,
including reasonable attorneys' feE:s and costs of litigation ("claims"), arising
from the CONTRACTOR's negligent: or wrongful acts, errors, or omissions in the
performance of the services under this Agreement. In the event the CITY
indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding alleging negligent or wrongful conduct on the part of the
CONTRACTOR:
11.1.1. The CONTRACTOR shall provide a defense to the CITY indemnitees or
at the CITY's option reimburse the CITY indemnitees their costs of defense,
including reasonable attorneys' Fees, incurred in defense of such claims; and
11.1.2. The CONTRACTOR shall promptly pay any final judgment or portion
thereof rendered against the CITY indemnitees with respect to claims
determined by a trier of fact to Have been the result of the CONTRACTOR's
negligent or wrongful performance.
11.2. The City agrees to indemnify, defi~nd and hold harmless CONTRACTOR and
its officers, directors, shareholders, affiliates, employees and agents against any
and all threatened or pending claims, actions, losses and damages of any kind
(including all costs and expenses and reasonable attorneys' fees) arising out of
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CITY OF CUPERTINO
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Final
April 10, 2000
and pay any and all premiums in connection therewith, and all monies so paid by
CITY shall be repaid by the CONTRACTOR to CITY upon demand.
13.ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial
inducement to the CITY for entering into this Agreement is the professional
reputation, experience, and competence of the CONTRACTOR. Assignments of
any or all rights, duties, or obligations of the CONTRACTOR under this Agreement
will be permitted only with the express consent of the CITY. The CONTRACTOR
shall not subcontract any portion of the work to be performed under this Agreement
without the written authorization of the CITY. If the CITY consents to such
subcontract, the CONTRACTOR shall be fully responsible to the CITY for all acts or
omissions of the subcontractor. Nothing in this Agreement shall create any
contractual relationship between the CITY and subcontractor nor shall it create any
obligation on the part of the CITY to pay or to see to the payment of any monies due
to any such subcontractor other than as otherwise is required by law.
13.1. During the term of this Agreement or any extension thereof, CONTRACTOR
shall be the sole and exclusive provider to CITY of services as defined in
Section 2 and "Exhibit A" (Scope of Services) hereof.
14. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS. The
CONTRACTOR shall use the standard of care in its profession to comply with all
applicable federal, state, and local laws, codes, ordinances, and regulations.
14.1. Taxes. The CONTRACTOR agrees to pay all required taxes on amounts paid
to the CONTRACTOR under this Agreement, and to indemnify and hold the
CITY harmless from any and all taxes, assessments, penalties, and interest
asserted against the CITY by reason of the independent contractor relationship
created by this Agreement. In the event that the CITY is audited by any Federal
or State agency regarding the independent contractor status of the
CONTRACTOR and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between the CITY and the CONTRACTOR,
then the CONTRACTOR agrees to reimburse the CITY for all costs, including
accounting and attorneys' fees, arising out of such audit and any appeals
relating thereto.
14.2. Workers' Compensation Law. The CONTRACTOR shall fully comply with
the workers' compensation law regarding the CONTRACTOR and the
CONTRACTOR's employees. The CONTRACTOR further agrees to indemnify
and hold the CITY harmless from any failure of the CONTRACTOR to comply
with applicable workers' compensation laws. The CITY shall have the right to
offset against the amount of any compensation due to the CONTRACTOR under
this Agreement any amount due to the C17Y from the CONTRACTOR as a result
of the CONTRACTOR's failure to promptly pay to the CITY any reimbursement
or indemnification arising under this Section.
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CITY OF CUPERTINO
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Final
April 10, 2000
14.3. Licenses. The CONTRACTOR represents and warrants to the CITY that it
has all licenses, permits, qualifications, insurance, and approvals of whatsoever
nature which are legally required of the CONTRACTOR to practice its
profession. The CONTRACTOR represents and warrants to the CITY that the
CONTRACTOR shall, at its sole co~;t and expense, keep in effect or obtain at all
times during the term of this Agreement any licenses, permits, insurance, and
approvals which are legally required of the CONTRACTOR to practice its
profession. The CONTRACTOR shall maintain a CITY of Cupertino business
license, if required under CITY ordinance.
15. CONFLICT OF INTEREST. The CONTRACTOR confirms that it has no financial,
contractual, or other interest or obligation that conflicts with or is harmful to
performance of its obligations under thi:~ Agreement. .The CONTRACTOR shall not
during the term of this Agreement knowingly obtain such an interest or incur such an
obligation, nor shall it employ or subcontract with any person for performance of this
Agreement who has such incompatible interest or obligation.
15.1. The CONTRACTOR, its agents and employees shall comply with all applicable
Federal, State, and local laws and regulations governing conflict of interest. To
this end, the CONTRACTOR shall i~nake available to its agents and employees
copies of all applicable Federal, State, and local laws and regulations governing
conflict of interest. CONTRACTOR shall furnish to the CITY, prior to the
execution of this Agreement, a written list of all current or proposed
subgrantees/subcontractors, vendors, or personal service providers, including
subsidiaries of the CONTRACTOR:, which shall receive ten thousand dollars
($10,000.00) or more from this AgrE~ement. Such a list shall include the names,
addresses, telephone numbers, and identification of principal party(ies) and a
description of services to be provided. During the term of this Agreement,
CONTRACTOR shall notify the CITY in writing of any change in the list of
subgrantees/subcontractors, venclors, personnel service providers, or
subsidiaries of the CONTRACTOR within fifteen (15) days of any change.
16.NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. The
CONTRACTOR represents and agree: that it does not and will not discriminate
against any employee or applicant for Employment because of race, religion, color,
medical. condition, sex, sexual orientation and/or gender identity, national origin,
political affiliation or opinion, or pregnancy or pregnancy-related condition.
17. RECORDS AND AUDITS. The CONTRACTOR shall maintain accounts and
records, including personnel, property, I~erformance and financial records, adequate
to identify and account for all costs directly related to this Agreement and such other
records as may be. deemed necessary ~~y the CITY or any authorized representative,
and will be retained for three years after the expiration of this Agreement. All such
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Final
April 10, 2000
records shall be made available for inspection or audit by the CITY upon reasonable
during regular business hours.
17.1. CONTRACTOR agrees to prepare and submit financial, program progress,
monitoring, evaluation, and other reports as required by CITY or by state law
authorizing the use of automated enforcement systems. CONTRACTOR shall
maintain and permit on-site inspections of such property, personnel, financial,
and other records and accounts as are considered necessary by the CITY to
assure proper accounting for all Agreement funds. Subject to the CITY's
obligations under the Public Records Act, proprietary and technical information
shall be deemed confidential as described in Section 2.2.
17.2. Monthly Management Reports. CONTRACTOR shall submit to the CITY
Monthly Management Program Reports described by "Exhibit A" (Scope of
Services).
17.3. CONTRACTOR shall ensure that its employees and board members furnish
such information, which in the judgment of CITY representatives, may be
relevant to a question of compliance with contractual conditions with CITY of
granting agency directives, or with the effectiveness, legality, and achievements
of the program.
17.4. Expenditures made by the CONTRACTOR in the operation of this Agreement
shall be in strict compliance and conformity with the Budget set forth in "Exhibit
B" (Budget Justification) to this Agreement, unless prior written approval for an
exception is obtained from the CONTRACTOR or her/his designee.
17.5. Monitoring and Evaluation. To ensure proper performance of this
Agreement and that the enforcement program are conducted for the CITY. The
CITY will monitor, evaluate, and provide guidance to the CONTRACTOR in the
performance of this Agreement. Authorized representatives of the CITY shall
have the right of access to all activities and facilities operated by the
CONTRACTOR under this Agreement. Facilities include all files, records, and
other documents related to the performance of this Agreement. Activities
include attendance at Staff, Board of Directors, Advisory Committee and
Advisory Board meetings, and observation of ongoing program functions. The
CONTRACTOR will insure the cooperation of its staff and board members in
such efforts. The CITY PROJECT MANAGER or her/his designee will conduct
periodic program progress reviews.
17.6. Ownership Of Documents. It is understood and agreed that the CITY shall
own all documents and other work product of the CONTRACTOR, except the
CONTRACTOR's notes and workpapers, which pertain to the work performed
under this Agreement. The CITY shall have the sole right to use such materials
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CITY OF CUPERTINO
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Final
April 10, 2000
in its discretion and without further compensation to the CONTRACTOR, but any
re-use of such documents by the CITY on any other project without prior written
consent of the CONTRACTOR shall be at the sole risk of the CITY. The
CONTRACTOR shall at its sole expE:nse provide all such documents to the CITY
upon request.
18. RELIGIOUS AND POLITICAL ACTIVITIES. CONTRACTOR agrees that funds
under this Agreement will be used exclusively for performance of the work required
under this Agreement, and that no fund: made available under this Agreement shall
be used to promote religious or political activities. Further, CONTRACTOR agrees
that it will not perform, nor permit to be performed, any religious or political activities
in connection with the performance of th~s Agreement.
19.INDEPENDENT CONTRACTOR. The CONTRACTOR is and shall at all times
remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor
any of its agents shall have control over the conduct of the CONTRACTOR or any of
the CONTRACTOR's employees or ~Igents, .except as herein set forth. The
CONTRACTOR shall not at any time or in any manner represent that it or any of its
agents or employees are in any manner agents or employees of the CITY. The
CONTRACTOR shall have no power to incur any debt, obligation, or liability on
behalf of the CITY or otherwise act on bE~half of the CITY as an agent.
20. NOTICE. All Notices permitted or required under this Agreement shall be in writing,
and shall be deemed made when delivered to the applicable party's representative
as provided in this Agreement. Additionally, such notices may be given to the
respective parties at the following add~~esses, or at such other addresses as the
parties may provide in writing for this purpose.
Such notices shall be deemed made ~~vhen personally delivered or when mailed
forty-eight (48) hours after deposit in thy: U.S. mail, first-class postage prepaid, and
addressed to the party at its applicable address.
Department of Public Works
CITY OF CUPERTINO
City Hall
10300 Torre Avenue
Cupertino,CA 95014-3255
Attention: Traffic Engineer
CONTRACTOR:
Lockheed Martin IMS
11682 EI Camino Real, Suite 320
San Diego, CA 92130
Attention: Regional Vice President
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AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Final
April 10, 2000
21. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
California.
22. ENTIRE AGREEMENT: MODIFICATION. This Agreement supersedes any and all
other agreements, either oral or written, between the parties, and contains all of the
covenants and agreements between the parties. Each party to this Agreement
acknowledges that no representations, inducements, promises, or agreements, oral
or otherwise, have been made by any party, or anyone acting on behalf of any party,
which are not embodied herein. Any agreement, statement, or promise not
contained in the Agreement, and any modification to the Agreement, will be effective
only if signed by both parties.
23.ATTORNEYS' FEES. In any action brought to declare the rights granted herein or
to enforce any of the terms of this Agreement, the prevailing party shall be entitled to
an award of reasonable attorneys' fees in an amount determined by the court.
24. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under
this agreement. Payment of any invoice by the CITY shall not constitute a waiver of
the CITY's right to obtain correction or replacement of any defective or noncompliant
work product.
25. EXECUTION. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon
the parties when at least one copy hereof shall have been signed by both parties
hereto. In approving this Agreement, it shall not be necessary to produce or account
for more than one such counterpart.
26. AUTHORITY TO ENTER AGREEMENT. The CONTRACTOR has all requisite
power and authority to conduct its business and to execute, deliver, and perform this
Agreement. Each party warrants that the individuals who have signed this
Agreement have the legal power, right, and authority to make this Agreement and to
bind each respective party.
16
CITY OF CUPERTINO
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Final
April 13, 2000
27. IN WITNESS WHEREOF, the parties h~~ve executed this Agreement thea~~u' day of
7~~-~ f , 2000.
LOCKHEED MARTI
(Name and Title)
Thomas R. Wrigley ~
Sr. Vice President & Managing Director
P"~TINO•
r, City of Cupertino
APPROVED AS TO,FO,~t'M( ATTEST:
rney City Clerk
17
Final
April 7, 2000
CITY OF CUPERTINO
SCOPE OF SERVICES
1) SCOPE OF SERVICES. CONTRACTOR shall provide the CITY with the services
including the following:
a) A computerized traffic citation program for the CITY, including printed forms,
mailing of forms, mailing and postage costs, and such other miscellaneous costs
and expenses as may be reasonably necessary to issue a Citation and deliver it
by U.S. mail.
b) CONTRACTOR shall provide consultation to the CITY on their program, the
selected intersections and other optional intersections and any other advisement
that the CITY may need regarding this program.
c) CONTRACTOR shall produce wet film photos. At such time that digital photos
are accepted by the Court, the CITY and CONTRACTOR shall explore the use of
digital technology upon mutual consent. CITY and CONTRACTOR shall jointly
review digital technology every six months during the term of the contract.
CONTRACTOR, with CITY concurrence, may explore and utilize non-film based
violation capture technology.
d) CONTRACTOR shall provide for the design and construction of installations,
including vehicle detection, conduits, pull boxes, electric power, wiring
connections to controller and camera platform and signs.
e) CONTRACTOR shall evaluate each proposed installation location and will
present its findings to the CITY. Such evaluation shall include videotaped
analyses. Camera locations shall require mutual consent of the CITY and
CONTRACTOR.
f) The schedule of construction shall be mutually negotiated.
g) CONTRACTOR shall provide construction management and necessary photo
enforcement equipment. CONTRACTOR will provide an automated traffic signal
enforcement system which include: cameras, camera housing units, camera
rotation and film removal, film, film processing, citation processing and
maintenance. CONTRACTOR shall rnake final connections from camera platform
to camera. All enforcement equiprent provided by the CONTRACTOR will
remain the property of the CONTRACTOR.
h) CONTRACTOR shall maintain the entire CONTRACTOR System, including the
following enforcement equipment: cameras, poles, and camera housing units,
unattended housings.
i) CONTRACTOR personnel shall service the Units during normal business hours
three days per week or more frequently on an as needed basis. Servicing shall
include, as needed, changing the recording image and data media (e.g., film),
rotating the Units according to a schedule established by the CITY and ensuring
that the unit is operable and unmarred by significant graffiti. Maintenance and
rotation logs shall be maintained and made available to the CITY at the CITY 's
request. Any problems will be recor~jed and remedied within forty-eight hours at
the Contractor's expense.
j) CONTRACTOR shall make available once prior to or during the initial warning
period its standard two-day training K-rogram with respect to operation of the Unit
for up to fifteen (15) persons who area designated to issue Citations resulting from
operation of the Unit by the CIT'~. CONTRACTOR shall offer a general
orientation program for up to 30 city employees. If the CITY requests additional
courses, CONTRACTOR will provide these on a fully cost reimbursable basis (as
determined by CONTRACTOR ac~~ording to generally accepted accounting
principles).
k) Expert witnesses reasonably necessary to testify regarding the accuracy and
technical operation of the CONTRACTOR System for contested Citations. In
addition, the CONTRACTOR shall supply the Court with a statement of
technology for use at the informal he;~rings.
I) Reports of the results of operation of the CONTRACTOR System as may be
required herein.
m) CONTRACTOR shall access directly the registered owner information and the
registered owner residence addres:~ .from the California Department of Motor
Vehicles.
n) The Notice to appear must be postmarked in accordance with State of California
•~requirements. The Notice to Appear must be on forms approved by the CITY,
and the California Judicial Council.
04/ 10/00
2
o) CONTRACTOR shall work closely with the City's designee in the issuance of
violations. CONTRACTOR shall submit information needed to issue violation
notices in accord with CITY direction. CONTRACTOR shall supply training for
CITY staff that will be involved in the project.
p) CONTRACTOR shall maintain records on a database of all citations issued and
such records shall be made available to the CITY upon request.
q) CONTRACTOR shall submit to the CITY a Monthly Report on project results
within thirty (30) days of the end of each calendar month. The data collection
includes, but is not limited to, tracking the following relevant information for each
violation recorded by the photo enforcement system. The report shall include the
following mandatory items:
i) Number of violations recorded
ii) Number of non-issued violations
iii) Breakdown of reasons for non-issuance
iv) Number of citations issued
v) Court hearings scheduled and held
vi) Disposition of court hearings
vii) Number of calls for information
viii) Camera equipment hours of service, hours lost, and film run outs
ix) Location and description of camera malfunctions
x) Average number of days to repair and the days lost to malfunction
xi) Number of photograph viewing appointments scheduled
r) Other reports and Ad Hoc reports are not part of this Agreement and the
preparation and delivery of such reports may result in additional fees.
s) The CONTRACTOR shall maintain a database with the following information per
violation from the CONTRACTOR provided system:
i) Location, date and time
ii) Number of seconds of red traffic signal
iii) Type of violation (such as right, left turn, or straight through)
iv) Vehicle speed
v) Vehicle description including license plate state and number
vi) California Vehicle Code section violated
vii) Citation prepared or reason for not preparing citation
viii) Status of citation (outstanding, canceled, reissued, paid, bail forfeited,
warrants issued, etc.)
t) CONTRACTOR will be available to the public via telephone, Monday through
Friday, from 9 a.m. to 5 p.m. CONTRACTOR will schedule image-viewing
appointments for the Sheriffs Department via the toll-free telephone number.
04/ l 0/00
3
u) CONTRACTOR Program represent;~tive(s) will meet with the City-designated
representatives on a weekly basis during program implementation and on a
monthly basis once the program is i~ully operational. Authorized representatives
of the CITY shall have the right of access, upon reasonable notification, to all
activities and facilities operated by the CONTRACTOR under this agreement.
Activities include attendance at f~rogram Progress review meetings, and
observation of ongoing program functions. The CONTRACTOR will insure the
cooperation of its staff members in s(ach efforts.
v) CONTRACTOR shall assist CITY with a Public Awareness Program, as
described in the Contractor's propos~~l, including the following:
• Coordination of a media event to launch the community education program,
including press kits and coordination with CITY Public Information Officers
and equipment demonstration.
• Warning notices for the one 30 day warning period, from the first camera
installed.
• Development of a Cupertino Communications Strategy Manual
• Assistance with development of public education and outreach materials.
04/ 10/00
4
r~
~s
City of Cupertino
RED LIGHT RUNNING
PHOTO ENFORCEMENT SYSTEMS PROGRAM
• CAMERA
Red Light Cameras Generol Questions bl'• Answers
Q: How often do drivers run red lights?
A: A study conducted over several months at a busy intersection in Arlington County, Va., indicates that motorists
frequently run red lightr. On average, a motorist ran ~~ red light every 12 minutes. During peak travel times,
red light running was more frequent. For example, between 8:00 a.m. and 9:00 a.m., a motorist ran a red light
every five minutes.
Q: !sn't conventional police enforcement sufficient?
A: Enforcing traffic laws in dense urban areas by traditional means poses special difficulties for police, who in most
cases must follow a violating vehicle through a red light to stop it. This can endanger motorists and pedestrians
as well as officers, and police can't be everywhere at once. Communities don't have the resources to allow police
to patrol intersections as often as would be needed to ticket all motorise who run red lightr. The cameras allow
police to focus on other enforcement needs.
Q: What safety benefits do red light cameras provide?
A: They've been shown to reduce red light violations arnj intersection crashes. A recent Institute study of a program
in Oxnard, California, shows that red light running violations dropped a total of 42 percent after cameras were
'
introduced at nine intersections, which includes a similar decline at intersections that weren
t equipped with
them. Another study showed violations declined about 40 percent in Fairfax, Virginia, after one year of camera
enforcement. Victoria, Australia, began using red light cameras at traffic signal intersections in 1983 and posted
signs alerting motorists of their presence. A subsequent report by the Road Authority found a 32 percent decrease
in right-angle collisions and a 10 percent reduction in injuries after the cameras were installed.
Q: Do the cameras photograph every vehicle passing through an intersection?
A: No. The cameras typically are set so only those vehicles that enter an intersection after the light has tumed red
are photographed. Drivers who enter on yellow and find themselves in an intersection when the light changes
to red aren't photographed. This technology is intended to catch vehicles driven by motorists who intentionally
enter an intersection well after the signal has turned red.
Q: Does someone review the photograph before motorists are ticketed?
A: Yes. Trained police officers or other officials review every picture to verify vehicle information and ensure that
the vehicle is in violation. Tickets are mailed to vehicle owners only in cases where it's clear the vehicle ran the
red light.
Q: Do red light cameras violate motorists' privacy?
A: No. Driving is a regulated activity on public roads. By obtaining a license, motorists agree to abide by certain
'
rules - to obey traffic signals, for example. Neither the law nor common sense suggests drivers shouldn
t be
observed on the road or have their violations documented. fn addition, most red light camera systems photo-
'
graph only a vehicle
s rear license plate -not vehicle: occupants.
Q: Are special laws needed to allow localities to ruse red light cameras to cite violators?
A: In order for localities to use the cameras for law enfora~ment purposes, laws must authorize enforcement agencies
to cite red light violators by mail. The legislation also must make the vehicle owner responsible for the ticket,
establishing a presumption that the registered owner is the vehicle driver at the time of the offense. Violations
photographed by red light cameras are most commonly treated in two ways - as traffic violations or the equivalent
of parking tickets, depending on state law. If, as in N<~w York, red light camera violations are treated like a parking
citation, the law can make the registered vehicle owner responsible without regard to who is driving at the time
of the offense. Virginia makes red light camera violati~~ns a civil offense like New York, but unlike New York, it
allows the registered owner to avoid the citation by filing an affidavit swearing that he or she wasn't driving at
the time of the violation.
.:~
Red Light Cameras General Questions bz Answers (cont.)
Q: Are red light camera programs expensive?
A: A red light camera costs about 350,000. Installation and sensors cost about 35,000. A single red light camera
can be used at several locations once the sites are equipped to work with the camera, allowing communities.
to move cameras between sites without drivers knowing which ones are active at any given time. Startup costs
can be offset by fines paid by violators, savings from crashes prevented and by freeing police to focus on other
enforcement efforts.
Q: Does the American public support the use of red light cameras?
~i
~^^
Lei
A: The U.S. public strongly supports red light cameras, as evidenced by two 1995 surveys sponsored by the A
Insurance Institute for Highway Safety. Nationwide, 66 percent of 1,006 people surveyed said they favor
the use of red light cameras. A survey of S00 northern Vrginian residents shows similar results; 63 percent
of those surveyed said they favor red light cameras. Vrginia respondents were also asked to rate the extent
to which red light running is a traffic safety problem in their communities. Forty-seven percent said it's a big
problem, 30 percent rated it as medium and 21 percent said it's not much of a problem.
Q
Q: What U.S. communities use red light cameras?
A: They're used in New York City and at railroad crossings in Los Angeles. Other communities are experimenting
with them, including Fort Meade, Florida; Arlington, Vrginia; Jackson, Michigan; and Oak Park, Illinois.
Q: What other countries use red light cameras?
A: Photographic detection devices are used in many countries, including: Australia, Austria, Belgium, Germany,
Israel, the Netherlands, Singapore, South Africa, Switzerland, Taiwan and the United Kingdom.
~.
The Insurance Institute for Highway Sa fety is an independent, nonprofit, scientific and educational organization.
It is dedicuted to reducing the losses -deaths, injuries and property damage-resulting from crashes on
the nation's highways. The Institute is supported by the American Insurance Highway Safety Association,
the American Insurers Highway Safety Alliance, the National Association o f Independent Insurers Safety
Association and a number o f individual insurance companies.
To contact the Insurance Institute for Highway Safety, ca11703-247-1500 or check out the organization's web
site at www.hwysa fety.org.
G
F
Ked Li;ht l.'ameras: Text
http://www.thwa.dot.govistoprlricamr/camrover.htm
Though red light cameras are not a formal element in the national
partnership, the information is provided here as a service to those people
and communities who are using or considering using red light cameras as
another tool to stop red light running.
Overview-Red Light Cameras
Automated red light enforcement using cameras has proven to be effective in reducing the
incidence of red light running and the number of red light running accidents. There are
currently twenty-one known states and one territory which have considered camera
technology for enforcement and have either p;~ssed legislation or aze considering legislation
to enforce red light running with camera technology. These are Arizona, California,
Colorado, Delaware, Florida, Georgia, Illinoi;~, Iowa, Kansas, Nebraska, North Carolina,
Oklahoma, South Carolina, New York, Massz.chusetts, Maryland, Michigan, Minnesota,
Texas, Virginia, Washington State, the District of Columbia and Puerto Rico. As well, some
local communities are utilizing red light camera technologies based on the passage of local
ordinances.
At the same time, the Federal Highway Administration (FHWA) offered grants to five states
to implement red light running technologies (~~ameras) for test and evaluation in red light
running enforcement. The sites were: Los Anl;eles, CA; Ft. Meade, FL; Chazleston, SC;
Howazd County, MD; and Washington, DC. 7:'hese efforts have involved the test and
evaluation of sti1135 mm (wet film) and digit~il camera technology. Additionally,
Washington, D.C. is using video technology in some locations. Howard County, Los
Angeles and Ft. Meade have completed projects with efforts still underway at the other
locations. Initial reports show success with th~~ technology and reduction of RLR crashes.
Additional funding has been granted to Howard County to test and evaluate digital camera
technology with images sent from two different intersections to one central processing
center. Howard County has both still and digital systems installed throughout the county.
The digital camera evaluation is a one year ef:Fort to be completed ..... A final report
documenting the preliminary results of the FP[WA demonstration project entitled S nTy thesis
and Evaluation of Red Li ht Runnin Electronic Enforcement Programs in the United
States is now avat a e.
This site provides the following information for users interested in considering the use of
electronic enforcement:
Camera Technology: Brief descriptions of they different camera technologies -- i.e. wet,
digital and video -- being used today and how they work.
Effectiveness of Red Light Cameras: Information on how effective cameras have been in
reducing the incidence of red light running and related crashes.
Legislation: Samples of actual State and local legislation to illustrate this important
component of implementing red light camera: in a jurisdiction.
Implementation Issues: An outline of issues t}tat need to be addressed when pursuing the use
of red light cameras.
Implementation Issues: Things that implementers need to take into account when initiating a
red light camera program.
Reports and Articles: A host of reports and azticles related to the use of red light cameras.
This is detailed information designed to provide an immediate library to potential red light
camera users.
Useful Links: Get connected to red light camera users, manufacturers, and vendors using
1 of 2 4/11/00 1:57 PM
Ked Ligrit cameras: 1 ext
these links.
http:~iwww. thwa.dot.~ovrstoprh-rcamricamrover.htm
Useful Contacts: A list of people that you can speak to if you need more information.
If you would like to add something to this site concerning red light cameras, contact
p atri ck. has s on(a~ fhwa. d ot. g ov.
2 of 2 4/11/00 1:57 PM
Ked Light Cameras: Camera Technology
Camera Technology
http:/~www.thwa.dot.govistoprlricamr/camrtech.htm
Usually, a photo detection system is composed of electromagnetic loops buried in the
pavement, a terminal block that houses a microprocessor, and a camera (wet film, digital or
video) atop a 15+/- foot pole. When the signal turns red, the system becomes active and the
camera takes pictures when cars enter the intersection. Photographs are taken of the rear of
the car or both the front and rear ends. (If both the front and rear of a violating vehicle is to
be photographed, two cameras will be used.) ]:f large commercial vehicles are present on the
road, front photographs are essential for identifying the owner of the truck. Normally, the
camera records the date, time of day, time elapsed since beginning of red signal and the
speed of the vehicle. Upon review of the photographs and depending on State or local law
requirements, tickets are issued by mail.
Passetti cited the following 10 requirements that automated enforcement systems should
me u e:
• The ability to capture, transmit, proce;~s, store and recover captured images so
that data may be managed in an efficient manner;
• Sufficient resolution to satisfy court s~:andards for the image-reading of
vehicle license plates, clear detail of the: vehicle, and identification of the
vehicle operator (if necessary);
• The capability to prevent the spreading of overexposed portions of an image
(anti-blooming) that may result from vehicle headlights or sunlight from highly
reflective surfaces;
• Adequate differentiation of light to dark areas within an image to provide
necessary details (also referred to as co~ztrast latitude);
• The ability to provide blur-free images of moving vehicles;
• The ability to detect at varying levels of light;
• Image enhancement circuitry to elimi~iate major sensor defects such as bright
or dark columns which detract from the visible presentation of an image;
• Continuous read-out of images to support monitoring along with single frame
capture capability for recognizing several successive vehicles committing a
violation;
• The ability to be moved to different locations or to be mounted into a
permanent position; and
• Components that are environmentally friendly.
Three camera types are generally used for red light enforcement:
Wet film/35-mm
Industrial quality 35-mm camera (wet film) technology is the most common type used for
photographing red light runners. Most automated enforcement systems equipped with
35-mm cameras produce black and white photographs, but some systems may produce color
photographs. Although black and white photographs are less expensive than color
photographs, it is often difficult to tell which light is illuminated on the traffic signal. Color
photography can be used to eliminate any dol~bt as to whether the traffic signal is actually
red.
Cameras are located in a special unit to protect them from the elements and vandalism and
placed atop poles. Poles may be either hinged or contain specially designed "elevator"
systems to allow access to the cameras. A notable quality of wet film systems is the need to
have personnel visit every camera location, omen on a daily basis, to retrieve exposed film
and reload. The film is then transported for processing, developed, sent to a facility for
review and then converted to a digital image.
Although vendors of automated enforcement technology will often claim that a single
1 of 3 4/11/00 1:57 PM
iced Light Cameras: Camera Technology
httpaiwww.thwa.dot.gov/stoprlr/camr/camrtech.htm
camera can enforce four through travel lanes, experience in New York and other areas has
shown that reliable, accurate enforcement can only be performed on the first three travel
lanes next to the red light camera. By having the loop detectors used only for the automated
enforcement system, interference and conflicts with other detectors used for the traffic
control system can be avoided.
When the traffic signal switches to the red phase, the camera used by the automated
enforcement system becomes active (ready to take photographs). Vehicles traveling over the
detectors while the camera is active signal the system to photograph the vehicle. A small
period of time, referred to as a grace period, and a preset speed necessary to activate the.
system are usually allowed in order to differentiate between vehicles attempting to stop or
turn right on red and vehicles that clearly are running the red light. A common grace period
is 3/10 of a second (though an international standard of 0.5 seconds exists) and a minimum
speed necessary to activate the system ranges from 15 to 20 miles per hour.
When the system is activated by a vehicle running a red light, at least two pictures are taken
by the camera. The first picture shows that the front of the vehicle is not in the intersection
when the traffic signal is red. This picture must show the pavement marking defining the
intersection (usually the stop bar or the crosswalk), the traffic signal displaying a red light,
and the vehicle in question .The second picture then shows the vehicle in the intersection a
short time later (0.5 to 1.5 seconds). If driver identification is necessary, a third picture of
the driver may be taken. From the pictures taken, the license plate will be magnified to
allow for identification.
The ability of a system to photograph only red light violators is important in limiting the
costs associated with each picture and the amount of resources needed to reduce the data
collected by the cameras. The placement of traffic loops or piezoe sensors will often
determine how many pictures will be taken by the system and the capability of the system to
differentiate between vehicles accelerating to run the traffic signal and vehicles attempting
to stop or turn right. In Pasadena, California, for example, several problems were
experienced with a red light violation automated enforcement system. Ninety-five percent of
the photographs taken by the system were ofnon-violating vehicles. The high rate of
photographs was attributed to the improper placement of the loops which caused left turning
vehicles "trapped" in the intersection making turns after the onset of a red signal and
vehicles that would creep forward passed the stop bar to be photographed.
Digital
Digital cameras have the capability to produce higher resolution, more sharply detailed
images of vehicles, and are equipped to prevent reflections or headlights from smearing the
image. Photographs produced by digital cameras may be in color or black and white. The
configuration of digital camera applications is very similar to the one described for
applications using 35-mm cameras. As with 35-mm cameras, digital cameras are placed in
protective housings atop poles. Sensors are placed in the pavement in the same manner as
for 35-mm applications, with two sets of sensors per lane to detect vehicle presence and
speeds. The cameras are wired to the signal controller and the loop sensors so when the
signal turns red, the system becomes active. When a vehicle traveling over the allowed
range of 15 to 20 miles per hour crosses the sensors, two pictures will be taken. Again, the
first picture will be before the entrance to the intersection, usually the cross-walk or the stop
bar, and the second picture will be a preset time later, usually 0.5 to 0.9 second later, with
the vehicle in the intersection.
A major expected benefit of digital cameras is in easing the photo collection and
accelerating the processing and distribution of notices of violation (tickets). This benefit is
brought about because the captured image can be electronically transmitted directly to the
review facility and immediately incorporated into a citation. In addition, digital cameras
eliminate costs of such things as the film, processing, and the personnel required for daily
film handling.
2 of 3 4/11/00 1:57 PM
Red Light Cameras: Camera Technology
httpa/www.thwa.dot.gov/stoprlricamr/camrtech.htm
Hansen introduces a variety of issues associated with digital cameras. Very importantly, he
questions how the courts will view digital violation images. Specifically, he points out the
ease with which digital images can be tampered. In comparison with a wet film system, an
original 35-mm slide and photo can be produced in court to support the veracity of the
evidence. This back-up plan does not exist with digital images. The following suggestions
are offered:
• When a digital image is transferred to a review facility, store a duplicate
image at the camera site using a "tamper proof' data storage device.
• The storage media should, when full, be handled as evidence and viewed only
in instances when the original is questioned.
• Maintain a documented chain of custody so that the court can be shown an
image that has not been viewed by human eyes.
Other issues with digital cameras include the :urge file sizes for high resolution photos. This
in turn brings about slower and more costly file transfers. This could be especially
cumbersome with multi-camera systems. Another issue is that some digital cameras are out
of service while capturing an image. This could result in an inability to capture multiple
violators i.e. the second or third violators going through the red signal.
Video
The use of video cameras and video processing technologies is receiving more attention for
red light enforcement activities. Video camer~is can be used to determine a vehicle's speed
as it approaches the intersection, predict whether or not the vehicle will stop for the red light
and then track the vehicle through the intersection and record a brief video sequence of the
violation. Video images allow close-ups of both the front and rear license plates. Newer
video cameras are digital which allows real-time transmission of images and, like digital
still cameras, reduced transport, handling and reproduction costs. Full video sequences can
increase the number of detected violations for subsequent ticketing.
An advantage of a video system may be its ability to detect vehicle speed and predict
whether or not a red light running violation will take place. With this prediction, it is
possible to preempt the normal signal change;~ to create anall-red signal to prevent crossing
traffic from entering the intersection when a collision is possible. Though this does not
prevent the violation, it can help to mitigate the potential consequences of the violation.
Additionally, video cameras can be used for n.on-enforcement activities such as traffic
monitoring and surveillance, incident response, and crash reconstruction. If digital video
cameras are used, the same concerns, i.e., lacl: of negatives and other non-tamperproof
forms of evidence, etc.. apply as for the digital still cameras.
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Red Light Cameras: Ettectrveness http://www.thwa.dot.gov/stoprlr/camr/camrettc.htm
Effectiveness
The material in this section is derived from personal conversations, reports, articles and
other sources. They are provided for illustration only and are therefore not fully referenced.
Users are directed to the reports and articles section to find fully documented results
information.
Results-Crashes
New York City: At one red light camera installation it has been found in a before-after
analysis that angles crashes have decreased by 60 to 70% after installation of the camera.
Though the number of angle crashes has decreased, there has been an increase in less severe
rear-end collisions in the same time frame. Total crashes are down. Considering all sites,
rear end accidents held steady at most signals and increased at some.
Howard County, MD: Crash reductions noted at two installations. Reduction effectiveness
correlates with ADT growth at intersections (as documented in a British study).
1. At slow growth intersection -- Little Patuxent Parkway @ Columbia Road --
2.4% annual growth, RLR accidents went from 15 in 1997 to 8 in 1998.
2. At high growth intersection -- Broken Land Parkway @ Stevens Rorest Road
-- 5.2% annual growth, RLR accidents went from 20 in 1997 to 18 in 1998.
Oxnard, CA: After one year, 22% reduction in RLR accidents citywide, though no effort as
of this reporting to monitor accidents at the camera locations only.
San Francisco, CA: Notable impact of red light camera pilot program may be a citywide
reduction in collisions and injuries caused by red light violators. Although statistically it is
too early to conclude that efforts to reduce red light running in San Francisco are
responsible for this reduction, the future looks promising. Comparing data from the
previous five years, there was a 9 percent reduction in injury collisions caused by red light
violators, in 1997. (See Table)
TABLE: Collisions Caused by Red Light Violators in San Francisco,
1992-1997a
F Year Injury. Fatalities Total ~
Collisions Injured 4
1992 3
780 1367
1993 5
779 1320 =
1994 4
781 1293
1995 ~ 4
809 1343
1996 `: 5
780 1297
5 Year ' 4
~ Avera e 786 ~ 1324
1 ~
1997
f-
724 ~
1198
a Department of California Highway Patrol, State Wide Integrated Traffic Records System
1 oft 4/11/00 1:57 PM
Red Light Cameras: Ettectiveness http://www.thwa.dot.gov/stoprlr/camr/camrett~c.htm
Fairfax, VA: Cameras at nine intersections produced a 7% reduction in violations after 3
months and a 44% reduction after 1 year.
International: South Australia - 10.4% reduction in fatalities and 24% reduction in injury
crashes. Victoria, Australia -Right angle accidents decreased by 32%, right angle turning
accidents decreased by 25%, reaz end crashes decreased by 30.8% and rear end turnign
accidents increased by 28.2%.
Results-Violations
Howard County, MD: At the two original locations, 18 months experience with warning
letters resulted in violations drops of 21% and 25%. After 6 months of citations, violations
dropped an additional 50% and 42% to final drop of 60% and 56% of original level.
Experience iridicates huge entering volumes a~t these two intersections -- both intersections
have >40,000 ADT on major road and >2000 PHF. Population along most consumer
corridors changes 7-9% per year, so there is always educating new motorists to the law.
Minnesota: Experimental engineering project using flashing lights at advance signal sign on
rural expressway: Testing done 53.4 days before, 53.4 days after - no grace period. Number
of violations dropped by: 29% for all vehicles (749-512) and 63% for trucks (203 - 76).
Number of violators dropped in following del:~y categories: 0-0.5, 0.5-1.0, 1.0-1.5, 1.5-2.0
New York City: Cameras went on line in 1994. 50% of pictures ended up as citations. There
has been a 34% reduction in violations, using data from the 18 cameras:
1994 178,328 violations ------> 27/ day /intersection
1995 146, 812
1996 140, 751
1997 116, 402 ------> 17.6/ day /intersection
Oxnard, CA: The Insurance Institute for Highway Safety recorded a 42 percent reduction in
red light violations. The Oxnazd study included locations not equipped with cameras and
found that there was a "spill over" effect at these locations as well.
San Francisco, CA: Since October 1996 the pilot red light photo enforcement program has
issued nearly 10,000 citations. San Francisco :Municipal Court records indicate that violators
pay these citations at rates comparable to citations issued by Police officers in the field
(approximately two-thirds paid). The first six months of the pilot project showed that the
number of red light runners at photo enforced intersections dropped more than 42 percent.
International: United Kingdom - 55% decline; in violations. Singapore - 40% decline.
Victoria, Australia - 32% reduction in violations.
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Implemention Issues
The implementation of red light cameras for enforcement is not simply a "plug and play"
activity. It requires a considerable amount of effort, coordination and cooperation to be put
into use and to be operationally successful. The following sections briefly introduce some of
the Implementation issues that should be considered. The reader is referred to the Reports
and Articles section for more detailed information.
Partnerships: Any jurisdiction considering the use of red light cameras should first begin
by considering the actors who will be involved and how to involve them as partners early in
the process. The natural partners to consider could be some or all of the following: police;
the transportation or road department; the judiciary; the legislature; media; and other
jurisdictions in the area that are using red light cameras. The sooner they are involved, than
the sooner they can be informed of the benefits of such an activity and the more likely it is
that a program can be well planned and successful.
Enabling Legislation: As discussed earlier, a jurisdiction that wants to begin using red light
cameras cannot usually just install a camera and start issuing tickets. It requires legislation,
at either a State or local level. The legislation can cover a myriad of issues, but generally
must address the issue of mailing tickets for a traffic offense rather than issuing them in
person when a person is physically stopped on the roadway. This web page includes sample
legislation from both a State and local level.
Education: The use of red light cameras truly requires the "Three Es" of road safety:
Engineering, Education and Enforcement. In this case, public education is crucial to
accomplish a number of things. First, to alert the public to the issue through public service
announcements and seek voluntary change in behavior at signalized intersections. Second,
to gain public support which is critical to a successful red light camera implementation.
Third, to alert motorists to the increased level of enforcement (sometimes the threat of
enforcement is sufficient to change unsafe behavior). And finally, to inform the public of
how the system works so that they will not be surprised or confused if they receive a ticket
in the mail. In addition to educating the public, it is often essential to educate other police
officials, legislators and the judiciary to the merits of red light cameras and to assuage their
concerns as to the viability of such a system.
Choosing a Camera System: Cameras are discussed in some details in an earlier part of this
page. However, a large implementation issue revolves around the type of camera system
chosen for red light enforcement. Specific issues of cost (both of the system and its
operation maintenance), reliability, evidentiary credibility and quality can all effect a
decision. As another example, consider digital cameras. A jurisdiction may choose not to
use digital still or video cameras until other locations have experimented with them and
established that they are in fact feasible alternatives to traditional camera (wet film)
systems.
Judiciary: Though the judiciary is mentioned many times in this section, it is worth
mentioning them separately because they are often a partner who is overlooked until they
step forward and make their presence known. They are critical to a successful red light
camera program from the development of legislation to the choice of camera right down to
the processing of violations. It is therefore important for them to be involved as early on in
the process as possible and to be champions for the effort. Another reason to involve them is
to ensure that they are prepared when the red light camera system goes into place to support
the prosecution of the tickets that are issued. But, their involvement may require them to
adapt some systems or processes to a degree that may not be cost free. In this case, their
early involvement is necessary if for nothing else than to give them an opportunity to plan
for the introduction of a new traffic enforcement tool that will effect their work load. It is
also interesting to note that in some jurisdictions the ticketing is handled administratively
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outside of the court system through a "violations bureau" or another similar entity.
Privacy Issues: In some of the reports and articles associated with this web page, there is
discussion of privacy issues vis-a-vis red light cameras. Though there are legal opinions that
red light cameras do not violate a citizens leg~il right to privacy, there is still a perception
that it does. Sometimes this perception is all ghat is needed to make an otherwise successful
program fail. Public education campaigns can help alleviate these fears as can partnership
building early in the process of implementing red light camera usage. In addition, some
locations simply photograph only the rear license plate of a violating vehicle, thus avoiding
a photograph of the driver. However, such sy:;tems mean that the level of the infraction
captured by a camera may have to be diminished from current practice for personally issued
tickets.
Lag Time: Operators of red light cameras must be aware of any time constraints imposed
that establish a maximum time between the infraction and the receipt of a ticket. Any
system and process chosen must allow the op~:rators to stay within this time frame.
Revenues: Some controversy can be generate3 from the perception that automated
enforcement systems are simply revenue generators for the police. This perception can be
overcome through public education and other means. One innovative solution was in
Queensland, Australia where all receipts went. into a road safety fund that was dedicated to
all forms of road safety improvement rather titan to just enforcement. This was apparently a
strong selling point for the public. Another revenue issue is related to the involvement of
vendors and operators in the red light camera enforcement area. Their involvement requires
a decision as to the amount of fees for a citati~~n and the distribution among all of the
parties.
Signa[ System: A red light camera must work. in harmony with the traffic signal at an
intersection. It is therefore essential for traffic engineers to be involved in determining
whether or not the exiting signal system at a ~~articular intersection is compatible with red
light camera applications or if it needs to be modified.
Targeting Intersections: if it is not feasible (ar practical) to install red light cameras at
every intersection, then how do you choose tb.e appropriate intersections for this type of
enforcement? Clearly, a community must have good traffic safety data to determine which
intersections pose the highest risks for both violations as well as crashes. Using this data, a
program can be targeted for the highest level ~~f benefits for the expected expenditures: In a
similar vein, once problem intersections are identified, it is advisable that a traffic engineer
be called upon to review the intersection and ;approach geometry, signal timing details and
other relevant engineering features to ensure that the red light running problem is behavioral
and not the result of an engineering shortcoming.
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