Case Document 15-1 Filed 08/28/13? I ?07475 CONTRACT BETWEEN CITY OF NEW ORLEANS AND MEERICAN TRAFFIC 111(11th CAMERA TRAFFIC see noes INC. THIS AGREEMENT made and entered into this 2 day of ?gfugx, 2007, oy and between the City of New Orleans, herein represented by RAY MAYOR . {hereinafter referred to as ?City?) AMERICAN TRAFW 1 (hereinafter referred to as ?Contractor?). WITNESSETH 1 WHEREAS, the City desires to engage a contractor to provide Digital Camera Traf?c Enforcement Sendees; and in WHEREAS, in the purpose, the City issued an Invitation to Bid dated April 9, 2007 thereafter tebt?ated responsive bids, and identi?ed the Contractor to receive the related contract; and WHEREAS Contractor, whose of?ce is, located at 14861 Scottsdale Rd Ste 109 Scottsdale, AZ 85254 is quali?ed: and has the necessary expertise and both the City and the Contractor desire to enter this agreement; and NOW THEREFORE, the City of New Orleans and the Contractor for the consideration and under the eonditiohe set forth, do agree as follows: The City hereby grants and con?rms unto the Said American Traf?c Solutions, Incorporated the contract for furnishing the City of New Orleans with DIGITAL CAMERA TRAFFIC ENFORCEMENT, Item Nos. AH Items, for the pet-rod of Five? Year effective date hereof, strictly according to Bid Proposal No 5001 410246 and the Contractor? 5 bid thereto a copy of which 13 attached hereto and made part hereof. This' 13 a price protection contract 311F118 not binding'insofar as any speci?c quantity. . Case Document 15-1 Filed 08/28/13 Page-2 of 19 The Contractor binds itself to perform this contract well and faithfully, strictly in accordance with said Bid Proposal and its bid thereunder, to observe and comply with all the conditions and stipulations contained in the Bid Proposal in every particular, and at all times to abide by and be held amendable and subject to the terms, penalties and conditions of said Bid Proposal and this Contract. For performance hereunder and according to the Bid Proposal, the City Binds and obligates itself to pay the Contractor the amount set forth in its bid . No modi?cations, omissions, additions, in or to the terms of said contract, in the plans or Speci?cations. or in the manner and mode of payment, shall in any manner affect the obligations of the aforesaid contract. The proposed Contractor shall yield to the jurisdiction of the State Civil Courts of the Parish of Orleans, formally Waive any pleas of jurisdiction on account of the residence ofthe prOposod Contractor under any applicable bond, as well as all pleas of discussion between the Contractor and any applicable bond EN WEEREOF the parties hereto have made and executed this contract effective the day and year first above written: Zof's at Fi'ed 08/23/13. Page 3 0f 19 A IN WITNESS WHEREOF CITY OF NEW ORLEW AMERICAN TRAFFIC SOLUTIONS, INCORPORATED 62SCOTTSDALE, AZ 85254 SUITE 109 SCOTTSDALE, AZ 85254 484114931 FEDERAL CORPORATION TAX ID Smy' {?ag CITY ATTORNEY 30f3 Case Document 15-1 Filed 08/28/13 Page 4 oils; l. INVITATION TO 1311) FROM CITY OFNEW ORLEANS DEPARTMENT FINANCE BUREAU OF PURCHASING, CITY HALL 1300 PERDIDD STREET, NEW ORLEANS, LA 70112 - 0 mw?fd ?April 9, 2907 (3mm 13mm ENFORCEMENT SERVICES 1 13m No: somwoaua 1. Solic'ztgtion: The City of New Orleans Department of Finance, Bureau of Purchasing, solicits bids for a roquiremems contract for Digital Camera Traffic Enforcement Servic'w. The City will award a contract to the lowest responsive and responsible bidclerl. Exhibit A Speci?es the work Exhibit providos additional toms and conditions. Exhibit is. Fl?? the Bid Form. 7 2. Bid 1m 3 Mandqrory Pre~Bid Conference: A The City will conduct a mandatory probid conferencolgg 2:00. am April 24, 2007 . in the Department of Public Works, Conference Room No. W03, (6th Floor), City Hall; 1300 Perdido St, New Orleans, LA 70112. Only those Contractors in attan?aace at the?: promo conference will be allowed to submit bids fill? this project; The City will prepare an authoritative Conference report showing attendance, summarized questiona asked and ansWered, and discus-tad The City will publicize the conferonce report by ?ascndum to the Invitation to Bid on the City Website. ?-Bidders mayalso obtain a .wpy of the: reportin tho City Purchasing City?all, ?13?00 Perdido. Street, New ereans, Louisiana tailor May 1, 2007 during regular business hours, 1111 all ?teascs whatsoever, the Addendum containing the conference report will serve as the authoritativa record of City statements, reprasmtations. answers, explanations, and compliant thtco?fmnw . . B. Plano mid Dead?m: Ridden: will submit bids at the City Qt? mew Orleans, Dopmootof Finance,gBureau of -'Purcha$ing O?ioe,1300 Perdido Street, Room New Origami, Louisimta 70112 not later than 15:30 o?clock 3.111.. Mg??s?zom, The City will-not mm or oonsidor bids deliveredliy fax, or by gem-ail: at myother loogti?on,? or. post the 5 ProofofDeZivety: Biddets will submit bids according to means that produce a mag proof of delivery. The City will not credit delivery claims lacking a mitten proof of delivery. D. Packaging: .Bidders will submit bids in sealed envelopes beating the proposal number. 1 Relative to bids and bidders, the terms "racpans?ve' and "roapvcn'lsibIta?r engage legal issues extending from the Louisiana PUbli': Bid Law, RS. 38:22? and following. Page 1 oflg Case Document 15-1 Filed 08/28/13 Page 5 of 19 . E. E??Eact: The bid is the bidder?s binding commitment to provide all services, materials and supplies and satisfy all requirements speci?ed herein F. Required Bid Package Contents: (1) Typed or printed bids, bearing original signamres, signed in ink by the bidder or authorized representative on the bid form provided as Exhibit Bids wiil quote prices in the unit speci?ed, excluding excise and/or sales taxes: unless otherwise directed. Bids must also show at least the bidder?s business name, address, and telephone number. The City wilt 'not accept or consider bids written or signed in pencil. Bid packages must contain one (I) set of original bid form with required attachments - and rose (2) duplicate copies with attachments; (2) Evidence of the signing officia?i?s authority according to the requirements of Louisiana Revised Statute 3812212. (3) Contractor License: RS 37: 2163. to any bid submitted to the amount of ?fty thousand doilers or more, a. Connector shell certify that he' ts .iceosed under the provisions of 11113 chapter and Show his license number on the bid envelope. Please note: Bidders must submit proof with their bid that they are licensed under the State Contractors license Act, as required by Act 113 of the 1964 Legislature 1- (4) The bidder (1) written statement and (2) supporting documentation evidencing and con?rming the Conn-armi- licensing, permits, and authority to render the speci?ed services (5) Detailed, written quali?cations, and compete-.1153! information, including: (3) Documentation detailing the Bidders experience, quali?catioris capability, and suitability for the work to be performed Descriptions of previous experience designing, supplying, instailing, operating, and maintaining video traffic enforcement systems and related sendce's G. Writer-Ship: bids and ad! documentation submitted therewith are City properwfor all purposes. Bidders will clearly mark: documents or infom'mtion claimed con?dentlai and speci?caiiy justify any claimed exemption ?om public records disclosure The City will not credit any blanket con?dentiality claim lacking specific justi?cation (A feiiure to marl: con?dential documents as stated willn ?1.91; render a bid non?reSponsive) 3. Other Bid nitri?cation: A E?ecr: The bid 18 the bidder? 5 binding commitment to render 5.11 services and satisfy all requirements speci?ed herein. B. Quotation Period: All bids will remain veiid for NINETY DAYS after the bid deadline- 4. Awm: Page 2 of 18 Case Document 15-1 Filed 08/28/13 Page 6 of 19 A- The City will open the bids in public in the City Bureau of Purchasing of?ce ir?mcdiloteiy 13.. following the bid deadline- The City may require odditional information from bidders and conduct inquiries to determine the bidder?s responsibility or the accuracy of infonnation ?irnished. EXPLICITLY SUBJECT TO CONFIRMED CITY the City wilt award a contract to provide the speci?ed equipment and perform the .speci?ed work to the lowest responsible and reSponsive bidder. The contract will contain the additional terms and conditions shown at Exhibit hereto "the Contract will operate as 9. ?Requirements? type contract only, where the contractor will provide and perform at speci?c City request only and without exclusive access or right to the work $933292; 13. Contract requirements: The selected bidder must sot?: sfy the following additional requirements before' It receives a contract hereunder: (1) Insurance: The selected bidder "must furnish the City certi?cates of insurance booting original endorsements of c??ective coverage required in the contract speci?cations. The certi?cates and endorsements must be signed by a Louisiana licensed agent authorized by that insurer to bind coverage on its behalf and that agent?s power of attorney,r must be attached to the certi?cates and endOrsements; (2) Permits: 'I'he selected Biddeiis) will provide the City a copy of all applicable and required permits and licenses; and Tax Clearome: Using the Tax Clearance Authorization form, the selected bidder must request, obtain, and deliver a City tax clearance showing that is it is not delinquent 111 any taxes owed to the City. Commencement: The Contract will become effective when executed by the parties. The Controctor shall commence the specified services on that date. Bid Qontact information: zepporiah Edmonds 1300 Perdido Street Room 4W07, New Orleans, Louisiana 70112 telephone (504) 658~8200 Bid Process Contact: Ms Bernice Ealy, Bureau of Purchasing, 1300 Perdido St, New Orleans, La. 70112, PogeB ofIS Case Document 15-1 Filed 08/28/13 Page 7 of 19 INVITATION TO BID mom CITY OF NEW ORLEANS DEPARTMENT OF FINANCE MULTLYEAR DIGITAL CAMERA mic ENFORCEMENT SERVICES exemrr SPECIFICATIONS CAMERA TRAFFIC PROGRABE Automated Traf?c Enforcement Svstem:1r1 February 2007 the Citv of New Orleans amended Chaptet 154 of the City Code to create an Automated Traf?c Enforcement System (Ordinance No 22526 Mayor Council Series Code Seats 154-2, Administered by the City Public Works Department with contractor support the system will operate automated digital traf?c cameras to identify and photogra?pu Vehicles operated Ei'i \doletioe ofmoeicieal Speed and traf?c control laws; identify vehicle owners and deliver violation ootioee; assess and col ect relate-d civil penalties. A11 Administrative Adjudication PIocecore for contested violation notices will be provided by the Department .ofPublic Worker-1 Gengig;: The City solicits bids ?rom experienced ?rnis to perform speci?ed support services for the City Automated Traf?c Enforcement System in general and as assigned, connector will place, maintain, and operate automated digital traf?c cameras at assigned locations to identify and photograph vehicles operated in violation of municipal speed and tra?c control laws; record violations and report them to the City; identify vehicle owners and deliver violation notices according to municipal law; collect and remit relatw ?nes; arid, ovide operator training, reporting, and public outreach programs . Whig/ME 1. SYSTEM: With City participation in certain ?mctioos, the contractor will cool: and operate a sensor and digital camera system to detect and photograph motor vehicles operated In violation of municipal speed and tra?io control laws. The system will engage and supply infonnation to a separate but integrated citation and collection system Operated by the contractor A. Types: The contractor will provide, install operate and maintain two types automated digItal traf?c camera systems - 7 . Violation Systems will employ automatic digital still add video cameras at selected roadway locations and approaches to sense and identify motor vehicles operated above the posted speed limit. Using one or more digital cameras at each location, systems will automatically photograph identi?ed vehicles recording the photograph and other information as provided below (2) Tra?'ic Signal Violation Systems will employ automatic digital} still and video cameras at selected intersection approaches to sense and identify motor vehicles operated in violation of intersection traf?c signal directions. Using one or more digital cameras at each Page4 of 18 Case 2. 13 c?v- 00235 JTM 88 Document 15 1 Filed 08/28/13 Page 8 of 19 location, systems will automatically photograph identi?ed vehicles, recording the photograph and other information as provided below. Locations: Either the City Or the contractor may suggest likely detection locations and types (speed and! or traf?c light violation) In such case: (1) (3) (4) The'contractor will study traf?c characteristics at the location and report factual ?ndings and related recommendations to the City. Location ?ndings will report traf?c use and patterns, location violation and collision incidenc?including traf?c lane and time of day) and baseline counts, traf?c hazards, police and neighbor oomment,..suitabi1ity for automated detection and photography, means for installing, powering, and Operating detection anti photographic equipment, and other information useful in a. City determination whetherto apply automated detection at the site. Coordinating with the City traffic engineer, the connector Will also recommend a complete installation for the location, including camera number, positiong and angles, detection SBHSOF means and locations, signage, work schedule (Microsoft Project echedule), and other installation and operational details. The it}! will report any issues with the installation recommendations The City shall not require the contractor to install stationary systems that average less than 12 chargeable citations per day. The City will select all installation locations. C. Installations: (3) (4) With an assigned location, the contractor will build the installation generally according to the recommended con?guration The contractor will attempt to accommodate reported City issues concerning the recommended installation. Attachments: The contractor will install the digital color camera tra?c systems using existing structures to the maximum practical extent. If required, the contractor may use minimally obtrusive new poles to minimize impacts to curbside and streetscape. The contractor will develop installation options in the following priority: (3) Installed on Existing Street Light Poles owned by the City; Installed on? Existing Utility PoIes (contractor is responsible for all pole attachment fees; . (6) Installed on nearby buildings; Installed on pole Permits: The contractor will obtain all permits for installation. Installations will comply with all applicable national, state, and city eloctric and building codes. Power: The contractor will supply all power needs, I Page 5 of 18 Case Document 15-1 Filed 08/28/13 Page 9 of 19 . (5) (6) Drawings: The contractor will supply detailed ?as built" drawings to the City following all systems installations The contractor will own or otherwise maintain responsibility for all installed equipment. The City will not assume ownership or responsibility for installed equipment. Service Requirements: (1) (2) (4) (5) (6) (7) (3) (9) (10) (11) Camera and detection systems must work reliably, clay and night in all weather and lighting conditions- Camera and dotoction systems will use non?invasive detection methods, -such as laser, radar, and video vehicle detection technology and conventional in?ground detection sensors. Each camera tra??ic system must capture good quality digital color photographs of identi?ed vehicles, of sn?ioient resolution and from angles suited to show the licenso plate and number Cloarly. Each camera traf?c system must capture a ten (10) second digital video clip, with up to 30 frames per second ?ame rate, for each violation audio ts preferred but not required Each color camera traffic system must capture still digital images and full motion digital video at the speci?c violation location. Each digital color camera 5 triggermg must be oompatibl with standard loops, piezo sensors video loops or laser detection Each camera traf?c system must accuratoly photograph. violations at approaches with up to four lanes to one direction, including possible turn lanes with a minimum oftwo different signal phases. If multiple cameras are utilized for a single .stpIroIachI, the system midst integtnte using a single tirne sduroe multiple high resolution still cameras providing multiple angles/views ofhoth independent? scene" images and independent integrated ?plate? images Each digital trs?ic camera system capture at least ?ve digital still images per second._ Systerns must be able to ?ash at least ?ve times per second at {i111 power. Systems will minimize supplemental and extraneous illumination and flash effects. Systems may not use ?ood lights. Each digital traf?c camera system must odpturo continuous up to 30 video, 24 hours per day, \via secure internet connection for 30 to 60 days, Data to be viewable real time, or single frame at a time with date and time stamp. Page 6 0518 Case Document 15-1 File-d 08/28/13 Page 10 of 19 . 1. {12) According to the assignment for the location automated digrtal tra?ic camera systems will identify vehicles operated 1n Violation of municipal speed andfor traf?c control laws The identi?cation will trigger camera systems to photograph, detail, and record the violation The camera systems will superimpese the correct date and time on all still and moving photographs (13) Cameras and recording systems must produce a minimum 80% prosecutable image rate net ofuncontrollable exceptions, and a 90% prosecutable image rate for controllable exceptions (this applies to each individual digital camera system, as well as the aggregate group of digital camera systems). For the purposes heree? the Prosecutable Image Rate (V 1011111011 Capture Rate) is calmleted by dividing the number of Citations Issued by the number ofTotgl Violation Eventst Controllable Exceptions are: -?late Unrea?a?cle Pa] Second Frame Net Through In ersectlon Poor Lighting [11] Vehicle not in Second Frame ?First Fla-1.1.16: Intersection Flash Not Working Camera Mal?mction [l1] Technician Error Loop Trigger Error Image Lend Error Fail Bad Data Bar [111] Second Frame Green 1 Loop Mal?lnction 1 Dirty Lens Red Light Delay Invalid 1 Plate not in Frame (ii) Uncentrollable Exceptions are: Vehicle Obstruction Emergency Vehicle - Police Department Vehicle [cl] Outpf State No Record Plate Obstructed Ne Plates BadWeather [11} No DWRecord Government Vehicle Out of Staic unenforceable Caused by Diplomatic Plates Page 7 of 18 Case Document 15-1 Filed 08/28/13 Page 11 of 19 I [In] No DIMV Matches Stop BarNot Painted No Technician Certi?cate Bad Address The list of actual exception codes may be modi?ed during program implementation E. Maintenance: and Testing Requirements: The contractor is responsible for all system servicing and maintenance. (1) (3) The contractor will maintain the following minimum maintenance service levels: Syntom support 2.4 hours per day, every calendar day; Rasponsc to equipment mal?inotions within 24 hours; repairs within 72 hours. The contracbOr will protect and test for hardware failure, power disruption, outside attacks, internal attacks, natural disasters, homo failures, and physical security. The City may request proof and results of such testing at any time. The contractor will maintain detailed installation and maintenance records on all installed equipment. Records will identify equipment by separate item number permanently marked on the: item 2. .CITATXON AND COLLECTION With City participation in certain functions, the contractor will cast and operate a citation notice and collection system, The system will receive and apply information from the contractor?s apprehension system and other souroes in the purpose. A, Citation Systems: (1) (2) For the purposes hereof, ?citation? is the process by which the City charges a vehicle owner with violating City speed and trn?ic controls laws. Citation is a public function, here done with contractor support. Receipt and Processing: Processing: The Contractor will receive violations reported through its Apprehension System. It will develop related infomation. It will use the National Law Enforcement Telecommunications System to identify the registered owner and the owner?s address. it will. check for stolen vehicles and plates through the NCIC, . Data Base: The contractor will document each reported violation and related developments in a. secure data base. Without limitation, data base the license plate number, the license plate state, the violation date, time, and location, and the owner?s name and address. It will identify the Speci?c eq?pment used to detect the violation. ?lt will report the somoe and date obtained ofowner name and address information. A data base ?eld will report the results of the contractor?s query for stolen vehicles and plates, It will State the violation(s) by type (speed or traf?c light), related City Code and applicable ?ne. For speed Violations, it will Show the posted Speed limit and the vehicle?s detected speed and Page 8 oflS (3) (4) (5) Case Document 15-1 Filed 08/28/13 Page 12 of 19 the means used to record it The data base will Show any applicable exceptions, as above pro?cied. The data base will hyperlinkto recorded still and moving images and documents, notices, and letters generated or received in the citation process. The data base will also record and tra cit separate steps in the citation process, including City approval or disapproval, notices, citations, responses appeals?tc showing current status in the process Approval 2 (C) The contractor will issue citations with City approval only. It will submit complete violation information for City review within 72 hours a?er the contractor?s systems record the violation. The contractor? systems will accommodate City directed adjustments, 11111111111113 dismissals, reversals, transfers ofiiability, and the like. Secure Website: The contractor will maintain a secure website to facilitate and obtain City instructions relative to reported violations. It will require two-factor access authentication. The website will permit the City to view data base records and all violation infomstion and images tan?line. It will pem?t the City to approve citations for separate violations (an-line. For each approval or disapproval, the contractor 5 system will immediately generate and send a con?rming e?mail to the City" representative Public WebStte: The contractor will maintain a public website to display program and recorded event information The public Website will display recorded event information from secure database but it will display only the citation number, the license plate number, the license plate state, the event date, time, and location, recorded still and moving images of the event The public website will permit searches by license plate number It will enable pleas (guilty or non guilty) OII- ?line and support seems on-line credit card fee payments. It will maintain events for review for 30 days after ?nal dispostiorr Citation: (5) The contractor will Issue citation to the registered vehicle owner Within three business days after City approval Citations will lssue by 1? class 111111 to the vehicle owner 3 indicated address They will use a City-approved form and apply a. City~supplied system of ?nes. The envelope will display a message requesting?the Postmaster to forward the item to any active address. The connector is responsible for. all posting and postage costs The contractor will research sddres ses on items returned by the Postal Service and attempt to deliver the citation to the vehicle owner Exceptions and Adjustments: The contractor will provide systems to review, research, recommend, and resolve exceptions to liability. By mail, mail, telephone, and otherwise, the contractor will receive timely explanations and objections why an identi?ed vehicle owner is not responsible for a cited violatibn It will research each exception and submit a report and recomendation to the City. Only the City may change a citation, and the contractor will implement its declsiOns and related directions. Page 9 of 18 Case Document 15-1 Filed 08/28/13 Page 13 of 19 B. Collection Systems: The connector will collect ?nes in citations brought to disposition by 1) a guilty plea. 2) a default or 3) a City adjudication of guilt (1) Payment: The contractor will maintain and operate systems to receive and document payments by multiple means, including check credit card, and money order. The systems will permit secure credit card payments by 800 number and on?line through the public: website. The contractor? 3 payment systems will administer all related ?nancial matters and transactions including payments overpaymenrg refunds, adjustments, dismissals, and reVersals. (2) Delinquency Collections: (9.) A. citation isindefeult when the identi?ed responsible party has not eotered a tialid plea (guilty or not guilty} by the due date. A oitetiorz is delinquent when the identi?ed responsible party has not paid an assessed ?ne and costs within 90 days a?er an or guilty plea~ - The cootraotor will maintain and operate a collection system for delinquent and defaulted citations. The system will use esmlating demands for overdue or unpaid citations end' invoices It will comply with the Fair Debt Collection Practices Act latest revision. 3. ADIDDICATIONSUPPORT: Using the secure website, the connector? will report not guilty pleas to the City. The .City will adjudieete such mergers with contractor support. Without limitation, support will include document generation and authentication and expert testimony. 4. REPORTS: The contractor will supply the following reports to the City: A Daily: User Activity Report B. Weekly: (1) Number of Wants recorded, by each system and in total; (2) Number of events not billable including breakout of controllable and uncontrollable events lost by system and in total; Number of events forwarded to the City ofNew Orleans; (4) Number of citations authorized and mailed by month of issuance for previous twelve months; (5) Number of citations renamed as undeliverable. C. (1) Aging Report Payment tracking by source and prime-mt method method Page 1001518 Case 2: 13- o?v- 00235 JTM SS Document 15 1 Flled 08/28/13 Page 14 of_ 19 D. At request: Auditable payment transaction history reports for each transaction. 5 BANKING: The contractor shall establish a demand deposit account bearing the title ,?[hisert contractor name} as agent for the City ofNew Orleans.? at a mutually agreed banking institute. All funds collected on behalf of the City ?will be deposited in this account and transfeired by wire the ?rst business day of each week to the City?s primary deposit bank. The City shall identify the account to receive funds. A and blocked account agreement, to be completed by the City, Shall be provided to ensure the City's ?nancial interest in said account is preserved and the contractor shall have no access to or rights to the funds in the account. 6. WSWCE: The Contractor shall procure and maintain at a minimum, for the duration of the Contract, at the Contractor?s sole cost and expense, the following insurance policies with coverage for occurrences and claims that may arise from or in connection with the perfonnance of the obligations ofthc Contractor, its agents, employee, representatives and mbcontraotors. Any and all insurance described below shall be endorsed naming the City ofNeW Orleans as on additional insured, shall contain a waiver of sobrogation, and shall include; A Workoicn's Compensation Wot moon 3 Cornpensotionl? msmancc e??otuing coverage under the statutory provisions ofthc Workman Compensation laws and any other compensation or common law liability pertaining to the operations to be perfonned under this Agreement. 13. Automobile Liability Insurance: Comprehensive Automobile liability insurance with a minimum Three Hundred Thousand Dollars 00 000) combined single limit per occurrence for bodily 1n jury and property damage and a minimum aggregate of One Million Dollars 000 WOOD) The inSurance shall include coverage for owned vehicles, hired vehicles and non?owned vehicles. C. Comprehensive General Liability. Comprehensive General liability insurance to include coverage for premises?Operations, broad form contractual liability, products and completed operations use of Contractors and subcontractors personal injury, and broad?form progeny damage with a combined single limit of not less than One Million Dollars 000 000) per commence .Hmtten with an actual aggregate linilt the policy limit shall be three times the above required occurrence limit - The providing of any insurance required herein does not relieve the Contractor of any of the responsibilities or obligations associed by the Contractor in the Contract awardeo, or for which the Contractor may be 1131316 by law or othemrtse Failure to provide. and continue in force such insurance as required above shall be deemed a material Breach of the Contract upon which the City may, in its sole discretion, immediately suspend Contractor 5 performance or terminate this Agreement. . 7. WG: The contractor shall train City stn?lnvolved 1n implementation of the program including, but not limited to, the following training courses performed within the City". A. One annual half day Carriers. training course that will give City personnel as basic understanding of how the camera system operates from a certi?ed technician and trained camera instructor. Page 11 ole Case Document 15-1 Filed 08/28/13 Page (2) annual Violation Processing Courses designed totrain Cityr personnel on the use of the contractor?s violation processing system. The course shall include a complete overview of the violation process in the City context as well as hands-on training with the application in all areas of processing including those areas that will provided by the Contractor. The course wiil City personnel to the mjor issues in violations processing that have a direct impact on their daily job tasks C. Up to Two (2) annual Court Training Courses similar to the Violations Processing Course with a focus on the com processing aspects Of the program as well as a review of how the ?eld camera technology works In addition, the Court Training Course shall provide a historical and legal framework review of photo enforcement the common reasons for dispute, the tactics of defendants, and the typical counter measuros used by the prosecution D. Annual ?Train the trainer? training for up to four (4) users. 8 PUBLIC OUTREACH: The contractor shall provide a public information and outreach campaign that Shail mvludv A, Educational, current, and engaging website page content to be provided to the City Techn010gy of?ce; B. compliant signs at all approaches and locations where fixed automated digital traf?c camera enforcement systems are deployed. C. Design and content of one public infomation pamphlet (8 1/2? 1 {materials to be printed and diso?ibuted by the City); D.- PowarPQint slide show for the City for presentation and speaking engagements; E. Assistance with meciia kickvoff event, press conference and media briefing. F. 25 MediaKits including: (1) Press Release (2) ?Media Advisories - (3) Backgrounder on the City? 3 photo enforcement program (4) Project fact sheet (5) Research summary con?rming e?t?ectiveness of program in other markets (5) Gmphics (HOW 11 Red Light Camera Works, Sample Tra?c Citation) 9, OTHER REQUIREMENTS: A The contractor 3 systems will produce and maintain original and unaltered data in a some and documented process with a speci?cally assigned responsibility. The contractor will secure all data in original and unaltered format protected behind ?rewalls, with secure backup. B- The contractor oporetions will compiy with soctions 154 1701 through 1554?1705 oftho Code of the City of New Grieans. Page 12 ole Case Document 15-1 Filed 08/28/13 Page 16 of 19 C. The contractor?s daily activity shall be coordinated wiih the Director of Public Works D. In those instances where damage to the digital camers?system or sensors is caused by City, or its duly 'authorizcd agent due to scheduled or unscheduled road or repair, the contractor shall provide an estimate of the cost of repair. Upon authorization to proceed with .the repairs or replacement, the contractor shall replace or repair any damaged equipment and invoice for pro-approved repair costs. 10. COWENSATION: The City will pay the contractor?s bid prices for paid cita?ons according "to number and location. The City will not pay any upfront costs. A. The City shall make payments on a basis Within 30 days a?or receipt of ite?mizod invoice from the contractor, less. any deductions or assessments. The oontroolor will submit invoices 011 or before the 10 of each month for the proceeding month. B. The fees shall be ?rm?for the ?rst 24 1110:1315, following the acceptance of all of rho initial twenty digital camoratraf?c enforcement systems. Thorca?or, the contractor?s componsation per paid citarion shall inorease by three pews-mt each year. C. Contractor shall be paid twonty seven percent of total collections from delinquent citations. Page 13 of 18 Case Document 15-1 Filed 08/28/13 Page 17 of 19 INVITATION TO BID CITY OF NEW ORLEANS DEPARTMENT OF FINANCE DIGITAL CARIERA TRAFFIC ENFORCEMENT SERVICES Exhibit Additional Terms and Conditions A. EQUAL EWLOW In all hiring or employment made possible by. or resulting from the contract, there i 1) will not be any dis scrimlcatlon against an 3; employ so or applicant for employment because of race, color, religion, gender, age physical or mental disability, national origin, sexual orientation, creed, culture; or ancestry, and (2) Where applicable, affirmative action until be taken to ensure that the Contractor?s employees are treated during employment without regard to their race, color, religion, gender, age, physical or mental disability, national origin, sexual'oricntation, creed, culture, or v-sncestry. This requirement shall sooty to but not be limitedto the following: employment, upgrading, demotion or transfer, recmitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. All solicitations or advertisements for employees shall state that all Quali?ed applicants will receive consideration for Without regard to race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry. B. it The Contractor shall not assign any interest in this agreement and shall not any interest in the same without prior written consent of the City ochW Orleans. CONFLICT OF DETEREST: In the interest of ensuring that e??orts of the Contractor do not con?ict with the interests ofthc City, and' rccogmtion of the Contractor responsibility to the City, the Coctractor agrees to decline any offer of employment if its independent work on behalf of the City is likely to be adversely affected by the acceptance of such employment. The initial determination of such a possibility rests with the Contractor. It is incumbent upon the Contractor to notify the City and provide run disclosure of the possible effects of such employment on the Contractor?s independent work in behalf of the City Final decision on any disputed o??ers of other employment for the Contractor shall rest with the City . . The Contractor shall indemnify and save the City harmless any and all claims, demands suits, judgments of sums of money to any party accruing against the City for loss of life or. injulyor damage to persons or property out of; resulting from, or by reason of any act or omission or the operation of the Contractor, its agents, servants or employees while engaged in or about or in connection with the diScharge or performance ofthe services to be done or performed by the Contractor hereunder and shall also hold the City harmless ?om any and all claims andfor liens for labor services, or materials furnished to the Contractor In connection with the perfomance of its obligatiori under the Agreement. E. ACKNOWLEDGMENT. OF EXCLUSION OF. COMPENSATION QQVERAQE: Contractor herein expressly agrees and acknowledges that it is an independent contractor as de?ned in RS. 23:102.} (6) and as such, it is expressly agreed and understood boomer: the parties hereto, in entering into this services agreement, that the City of New Orleans shall not be Page14of18 Case . Document 151 Fil?edr?OB/28/13? Page 18 of 19 liable to the Contractor for any bene?ts or coverage as provided by the Workmen's Compensation Law of the State of Louisiana, and ?irther, under the provisions of KS, 23:1034 anyone employed by the Contractor shall not be considered an employee of the City for the purpose of Worker's Compensation coverage, . KN WLEDG 10F EXCLUSION OF UNIS LO OWENSATION COVERAGE: Contractor herein declares and acknowledges that it is an independent contractor, and as such is being hired by the City under this agreement for hire as noted and de?ned in 23:1472 (E), and therefore it is expressly declared and understood between the parties hereto, in entering into this services agreement, or agreement for hire, and in connection with unemplovment comp nsetion only, that: (1) Contractor has been and will be ?ee from any control or direction by the City over the performance of the services covered by the contract; and . (2) Services to be performed by Contractor are outside the normal course and scope of the City usual business; and (3) Contractor has been independently engaged in perron'ning the services listed herein prior to the date of this agreement. - Consequently, neither Contractor nor anyone employed by Contractor shall be considered an employee of the City for the purpose of unemployment compensation coverage, the some being hereby expressly waived and excluded by the parties hereto. . LEAVE BENEF T: It is expressly agreed and understood between the parties entering into this services agreement that the Contractor, acting as an independent agent, shall not receive any sick and annual leave benefits from the City of New Orleans H. JURISDICTION: The Contractor hereby consents and yields' to the jurisdiction of the State Civil Courts of the Parish of Orleans, and does hereby formally waive ?any pleas of jurisdiction on account of the residence elsewhere of the Contractor I The services to be provided under the terms of this agreement shall begin on and shall end no later thanx It 18 understood and acknowledged by all signers to this Agreement that work deScribed under these terms is to be accomplished during the time period speci?ed herein The terms, conditions and duration of this agreement may be modi?ed by an executed, written amendment to Agreement 1 I. XTEESIQN :This agreement may be extended at the option of the City, provided that funds are allocated by the Council of the City of New Orleans and the extension of the agreement facilitates the continuity of services provided herein. This agreement may be extended by the City on an annual basis for no longer then ?veone year periods. The City may terminate the agreement 81 any time during the term ofthe agreement by giving the Contractor written notice of. said intention to terminate at least (30) days .1 before the date of termination Page 15 of 18 Case 7 Document 15-1 Filed 08/28/13 Page 19 of 19 L. SOLICITATION: The Contractor has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure the subject contract. The Contractor has not paid or agncd to pay any person, other than a bona fide employee working for him, any fee, commission, percentage, gi?, or any other consideration contingent upon or resulting from the sub} act contract. Page 15 of18