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02-058 Glenn A. Hansen~` ~f 4~ 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 Title ~J~1S"VL'~r Title Ss 5 .~- cJ ~ Wo1Z-~ Soc. Sec. # ~.~ ~ APPR9VALS // ,- _ , / EXPENDITURE DISTRIBUTION D E E D ,r~ ~ ACCOUNT NUMBER AMOUNT ' / • (~ - CITY CL K 7 !8/o2- ~ a 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