2009/06/17 Council Agenda Packet

"Person"or"persons"means any individual,partnership,joint venture,corporation,trust,unincorporated association,governmental authority or political subdivision thereof or any other form of entity. "Camera System"means a photo-traffic monitoring device consisting of camera(s)(both the AxsisT'" RLC- 300 and the Axsisni Live Video System)and a traffic monitoring device capableof accurately detecting a traffic infraction on up to four lanes at one approach and which records such data on an image of such vehicle. "Camera System"shall,where the sense requires,also include any enclosure or cabinet in which the Anis TM System is stationed. As used below,the term"Red Light Stationary Camera System" is used interchangeably with the"Camera System"term defined here. "Approach" is defined as one direction of travel of one or more lanes on a road or a traffic intersection. "Violation"means failure to obey an applicable traffic law or regulations,including,without limitation, failure to obey a traffic signal,operating a motor vehicle in excess of the posted speed limit,or operating a motor vehicle without displaying a valid license plate. "Operational Time"means the actual time that a Camera System is monitoring traffic. "Affidavit of Non-Liability"means the written statement under oath described in RCW 46.73.075(2), as now in effect or as hereafter amended. 2.ATS IMPLEMENTATION 2.1 ATS agrees to provide a turnkey solution for Red Light Stationary Camera Systems to the City of Everett(hereinafter"the City")wherein all reasonably necessary elements required to implement and operate the solution are the responsibility of ATS,except for those items identified in Section 5 titled"City Scope of Work". ATS and the City understand and agree that new or previously unforeseen requirements may,from time to time, be identified and that the parties shall negotiate in good faith to assign to the proper party the responsibility and cost for such items. In general, if work is to be performed by the City, unless otherwise specified,the City shall not charge ATS for the cost. All other in scope work,external to the City,is the responsibility of ATS. 2.2.ATS agrees to make every effort to adhere to the Project Time Line outlined in Schedule 3. 2.3.ATS agrees to provide the City with AxsisTM RLC-300 Red Light Stationary Camera Systems as follows: 2.4.ATS will assist the City with video evaluation of candidate sites using the AxsisT"" VIMS system. 2.5. ATS will install Camera Systems at a number of approaches,to be agreed upon between ATS and the City after completion of site analysis. In addition to the initial locations,the parties may agree from time to time, by additional Work Order(s),to add to the quantities and locations where Camera Systems are installed and maintained. 2.6.No ATS technician shall enter a traffic signal cabinet without the presence of a City Traffic Signal Technician. 2.7. ATS will operate each Camera System on a 24-hour basis,barring downtime for maintenance and normal servicing activities. 2.8.ATS agrees to commence the installation of the Systems identified in Schedule 2—Initial Work Order,within 14 days after all approvals and required permits have been approved(the date all permits are approved shall hereinafter be referred to as the"Approval Date"). The Approval Date shall be marked by the issuance of a signed letter from ATS to the City,stating that permits from a particular site or set of sites have been approved. 2.9.ATS agrees to have all agreed-upon installation work completed and have the Systems fully operational according to the Project Time Line outlined in Schedule 3. 2.10.ATS agrees to provide necessary training for persons designated by the City and to assist the City with development of a public information and outreach campaign as specified in its response to the City of Seattle's Request for Proposals. 2 15