Beverly Hills City Council
June 21, 2022

AGENDA REPORT
Meeting Date: June 21, 2022
Item Number:

To: Honorable Mayor & City Council
From: Mark Stainbrook, Chief of Police
Subject: APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF

BEVERLY HILLS AND CONDUENT STATE & LOCAL SOLUTIONS,
INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM
SERVICES; AND

APPROVAL OF A PURCHASE ORDER IN THE NOT TO EXCEED
AMOUNT OF $820,560.00 FOR FISCAL YEAR 2022-23; AND

REQUEST FOR ONGOING APPROPRIATION OF FUNDS IN THE
AMOUNT OF $79,000; AND

REQUEST TO WAIVE CITY PERMIT FEES RELATED TO REMOVAL,

INSTALLATION, AND MAINTENANCE OF PHOTO RED LIGHT

ENFORCEMENT SYSTEM EQUIPMENT FOR THE TERM OF THE
AGREEMENT; AND

AUTHORIZE THE CITY MANAGER TO APPROVE PURCHASE

ORDERS FOR THE TERM OF THE AGREEMENT
Attachments: 1. Agreement

2. Bid No. 22-170-01

3. Evaluation Sheet

RECOMMENDATION
Staff recommends that the City Council approve an agreement between the City of Beverly Hills and Conduent State & Local Solutions, Inc. for Photo Red Light Enforcement Program Services and authorize the approval of a purchase order in the not to exceed amount of $820,560.00 for FY 2022-23. Staff recommends that the City Council approve a request for ongoing appropriation of funds in the amount of $79,000.

Staff also recommends that City Council waive the City permit fees related to the removal, installation, and maintenance of photo red light enforcement system equipment D-11
Meeting Date: June 21, 2022

for the term of the agreement. Additionally, Staff recommends that the City Council authorize the City Manager to approve purchase orders for the term of the agreement.

INTRODUCTION
The City of Beverly Hills has operated a Photo Red Light Enforcement since 1997. The program currently consists of sixteen covered approaches at nine intersections. These intersections are:

1. Crescent and Sunset (northbound)

2. Crescent and Sunset (southbound)

3. Canon and Sunset (northbound)

4. Canon and Sunset (southbound)

5. Hillcrest and Sunset (eastbound)

6. Hillcrest and Sunset (westbound)

7. Crescent and South Santa Monica (eastbound)

8. Crescent and South Santa Monica (westbound)

9. Wilshire and Whittier (eastbound)

10. Wilshire and Whittier (westbound)

11. Olympic and Spalding (eastbound)

12. Olympic and Roxbury (westbound)

13. Olympic and Doheny (eastbound)

14. Olympic and Doheny (westbound)

15. Olympic and Beverly (eastbound)

16. Olympic ad Beverly (westbound)
The program issues approximately 15,000 citations per year. The high visibility advisement signage and cameras at the intersections serve to remind the public to obey the traffic signals and motivate a positive change in driving behavior. This program allows for the continuous monitoring of nine approaches to some of our busiest intersections. Beyond traffic enforcement, the current system continuously records monitored intersections. These recordings are frequently used by the police department for rapid crime investigation and follow up. There is a high level of customer service that comes with citations issued through this program.

Traditional red light citations that are issued by a police officer are generally based on the officer’s observation of the violation, whereas the photo red light program allows for violators to view a more objective video clip of the alleged violation, related facts such as speed, along with an explanation of the incident by an officer prior to courtroom adjudication.

The current program operates in accordance with all applicable State laws. The California Supreme Court upheld a decision supporting all evidence submitted by automated traffic enforcement systems.

DISCUSSION
On August 11, 2021, the City released Bid No. 22-170-01 requesting prospective respondents to submit proposals for the provision of services for the City’s Photo Red Light Enforcement Program. The bid closed on September 2, 2021 at 2 p.m. The City received three bids. Staff is recommending maintaining the current sixteen approaches at nine intersections and having the option to add additional approaches at a later date.

Meeting Date: June 21, 2022

These intersections were selected based on several factors including, number of accidents at the location, availability of supporting infrastructure, and cost analysis. The costs indicated from the three bidding vendors are for the coverage of sixteen approaches at the nine intersections.

Vendor Bid (Annual Cost to City)
Conduent State & Local Solutions, Inc. $ 4,270,228
Novoa Global, Inc. $ 3,120,000
Verra Mobility $ 4,128,000
Although Conduent State & Local Solutions, Inc. submitted the highest bid for the requested services, the staff is recommending Conduent State & Local Solutions, Inc. for several important reasons:

Key Points:
 Conduent has been our current photo red-light enforcement vendor for the past 6 years. We are very satisfied with their product and support. Conduent strives to improve their product and customer service each year. In addition, Conduent offered solutions to various problems that arose during our day-to-day operation.  If Conduent remains as our vendor, there will not be any interruption to our current photo red-light enforcement program. It takes about 6-8 months to transition to a new vendor (permit phase and remove & install new equipment).

During that time, there would NOT be photo red-light enforcement.  Verra Mobility is the parent company of Redflex (our former vendor), who recently acquired Redflex this year. Although, Verra Mobility submitted a lower bid, we are not recommending Verra Mobility for their poor customer support and several unsatisfactory reviews from local law enforcement agencies.  Novoa Global is relatively a new company in photo red-light enforcement (2011).

In addition, Novoa Global does NOT have a local office in Southern California nor any law enforcement clients anywhere in California.

FISCAL IMPACT
The current contract costs approximately $788,969.58 annually or $65,747.65 average per month for 16 approaches. This new agreement will retrofit 6 of the current approaches and provide 10 new camera installations at the remaining approaches. The new monthly fee for FY 2022-23 will be approximately $68,380.00 monthly or $820,560.00 annually. This fee includes a two percent CPI (Consumer Price Index) adjustment for FY 2022-23. The operations budget for account 00102601-731220 (ongoing contractual services) has approximately $742,000.00 budget per fiscal year for this program. To maintain the program at the current level, an additional ongoing appropriation of $79,000.00 is needed from the General Fund Balance. If this item is approved, the amount of the annual incorporated into the FY 2022-23 budget as an ongoing expense. Each year thereafter an additional two percent increase appropriation Meeting Date: June 21, 2022

from the General Fund will be needed to support the CPI increases and will be brought forward as a budget enhancement request as part of the annual budget process.

Jeff Muir,
Director of Finance
Mark Stainbrook,
Chief of Police
Approved By Approved By
Attachment 1
1 B0785-0001\2644988v4.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS
AND CONDUENT STATE & LOCAL SOLUTIONS, INC.

FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM

SERVICES
NAME OF CONTRACTOR: Conduent State & Local Solutions, Inc.

RESPONSIBLE PRINCIPAL OF CONTRACTOR: James Barkman, Vice President, General Manager
CONTRACTOR’S ADDRESS: 606 S. Olive Street, 23rd Floor
Los Angeles, CA 90014
Attention: James Barkman
CONTRACTOR’S E.I.N/TAX I.D. NO.: 13-1996647
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Mark Stainbrook, Chief of Police
COMMENCEMENT DATE: June 1, 2022
TERMINATION DATE: May 31, 2027, unless extended pursuant to Section 2 of this Agreement
CONSIDERATION: Not to exceed $4,270,227.19
DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 2 B0785-0001\2644988v4.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
CONDUENT STATE & LOCAL SOLUTIONS, INC. FOR PHOTO

RED LIGHT ENFORCEMENT PROGRAM SERVICES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and Conduent State & Local Solutions, Inc. (hereinafter called “CONTRACTOR”).

RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.

B. CONTRACTOR represents that it is qualified and able to perform the Scope of Work.

NOW, THEREFORE, the parties agree as follows:

Section 1. Scope of Work. CONTRACTOR shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work.

Any changes in the Scope of Work by CONTRACTOR must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.

Section 2. Time of Performance. CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CONTRACTOR shall complete the performance of services by the Termination Date set forth above.

The City Manager or his designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.

Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B. (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).

There shall be no claims for additional compensation for reimbursable expenses.

DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 3 B0785-0001\2644988v4.doc
(c) Additional Services.

CITY may from time to time require CONTRACTOR to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

Section 4. Method of Payment. CITY shall pay CONTRACTOR said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Independent Contractor. CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. 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 CITY.

Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONTRACTOR without the prior written approval of CITY. Any attempt by CONTRACTOR to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 7. Responsible Principal(s)
(a) CONTRACTOR’s Responsible Principal set forth above shall be principally responsible for CONTRACTOR’s obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 8. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.

Section 9. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 10. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR.

Section 11. Insurance.
(a) CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Commercial General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 4 B0785-0001\2644988v4.doc
limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.
(2) A policy or policies of Commercial Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONTRACTOR in performing the Scope of Work required by this Agreement.

California.
(3) Workers’ compensation insurance as required by the State of (4) A policy or policies of Technical Errors and Omissions and Cyber Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each claim, against any loss or damage resulting from data breaches and/or the wrongful or negligent acts by CONTRACTOR in performing the Scope of Work required by the Agreement. (5) A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per claim and in the aggregate.

Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONTRACTOR agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed. (b) CONTRACTOR shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONTRACTOR shall maintain on file with the City Clerk a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONTRACTOR shall, prior to commencement of work under this Agreement, file with the City Clerk such certificate or certificates. The general liability insurance shall contain an endorsement naming CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.

DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 5 B0785-0001\2644988v4.doc
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONTRACTOR and its insurance carriers.

Section 12. Indemnification.
(a) CONTRACTOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR or any person employed by CONTRACTOR in the performance of this Agreement.
(b) All duties of CONTRACTOR shall survive termination or expiration of the Agreement.

Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason orfor no reason upon five calendar days’ written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement. CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.

Section 14. CITY’s Responsibility. CITY shall provide CONTRACTOR with all pertinent data, documents, and other requested information as is available for the proper performance of CONTRACTOR’s Scope of Work.

Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONTRACTOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 16. Records Retention and Examination. CONTRACTOR shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONTRACTOR shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.

CONTRACTOR shall make available all requested data and records at reasonable locations DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 6 B0785-0001\2644988v4.doc
within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONTRACTOR shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONTRACTOR must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of theAgreement.

Section 17. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 18. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 19. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.

Section 20. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 21. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 22. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 23. Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders and regulation of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; pandemics, landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 7 B0785-0001\2644988v4.doc
all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.

Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

EXECUTED the day of 20 , at Beverly Hills,
California.

CITY OF BEVERLY HILLS
A Municipal Corporation

LILI BOSSE
Mayor of the City of Beverly Hills, California
ATTEST:
(SEAL)

HUMA AHMED
City Clerk
CONTRACTOR: CONDUENT STATE &
LOCAL SOLUTIONS, INC.

JAMES BARKMAN
Vice President, General Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager

MARK STAINBROOK
Chief of Police
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 8 B0785-0001\2644988v4.doc

EXHIBIT A

SCOPE OF WORK
CONTRACTOR shall perform the following services in connection with CITY’s red light camera safety enforcement system (or the “System”).
a. Assistance with intersection approach selection based on intersection safety at no additional cost to CITY. Intersection approach selection is subject to the final approval of CITY in writing.
b. Site design, installation of new previously unused equipment, maintenance and operation of red light safety cameras at all selected intersections. c. Processing of data and providing access to clear images and information reflecting possible violations, via a secure website, to CITY’s Police Department for review and authorization of citations by electronic signature for those incidents that meet specified criteria as outlined by CITY in writing.
d. Ability to obtain in-state and out-of-state vehicle registration directly from the Department of Motor Vehicle departments or by using National Law Enforcement Telecommunications System (NLETS) or both. CONTRACTOR must be approved by NLETS as a Strategic Partner and must have passed the most recent NLETS audit. CONTRACTOR must have authorized access to a LexisNexis®, Accurint® or similar system acceptable toCITY. e. Initial and subsequent mailing of duly authorized Notices of Violation to registered vehicle owners within mandated timeline of 15 days (per 40518 (a) California VehicleCode). f. Maintenance of an online internet viewing capability for use by CITY’s PoliceDepartment personnel and members of the public who receive violations in the mail. g. Maintenance and monitoring of all camera system installed equipment remotely and onsite as necessary.
h. Provision of expert testimony at contested Court hearings will be provided by CONTRACTOR at no additional cost to CITY for the entire term of theAgreement. i. Assistance with the development of a public information and community outreach campaign and ongoing Public Service Announcements as deemed necessary by CITY. j. Provision of regular statistical reports of System operations. k. Training for CITY staff involved in the implementation of the System including the ability for CITY Police Department officers to conduct periodic maintenance if deemed necessary by CITY at no additional cost to CITY.

DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 9 B0785-0001\2644988v4.doc
System Specifications
a. CONTRACTOR will provide all related equipment needed to identify andphotograph motor vehicles violating the provisions contained in accordance with Californialaw. b. CITY reserves the right, in its sole discretion with adequate prior notice to CONTRACTOR, to increase the number of Designated Intersection Approaches included in the System. These Designated Intersection Approaches will be analyzed in cooperation with CONTRACTOR.
c. A photo red light enforcement camera system or System is defined as the operation of all equipment, hardware, software, and personnel required for violator identification, using owner records from the DMV or appropriate out-of-state agency; mail out a citation as approved by the CITY’s Police Department; and send a notice to appear as approved by the Court and Judicial Council to all red light violators at a Designated Intersection Approach. CONTRACTOR shall be authorized by NLETS to identify out-of-state license plates. CONTRACTOR shall have access to LexisNexis® Accurint® or similar system acceptable to CITY. Required hardware shall include, at a minimum, all computer interfaces, software, digital cameras, flash strobes, sensor arrays, wiring, and any necessary appurtenances to support a fully functional System. CITY shall require the proposer to install all hardware including sensory arrays. The System shall include recognition and citations issuance to vehicles with dealer issued paper license plates (temporary issued license plates).
d. The System will utilize high resolution, high speed, color digital camera equipment. A megapixel resolution of at least twenty (20) is preferred. Photo enforcement systems also shall be compatible with the “LED” traffic signals, in order to accurately capture the phasing of the signal lights (NO flickering, fading, or obstructions). e. A secondary high definition video capability video camera shall be used to capture a short video clip of each violation. The video camera shall also provide live viewing of the Designated Intersection Approaches at any time by CITY without interfering with the System; and shall store the full 24-7 data for a minimum of 90 days and be available for recall and review by CITY at actual speed or on a frame by frame basis. f. CONTRACTOR shall provide and install the poles, digital camera housings, sensors, related wiring and any ancillary equipment necessary to make the Systemoperational. g. Malfunction of the System shall not interfere or cause a malfunction in the normalcycling and operation of the existing traffic control system in place at the Designated Intersection Approaches.
h. CONTRACTOR shall install the poles, sensors and digital camera systems in accordance with professional standards. CONTRACTOR will be responsible for submitting any plans as prescribed by CITY’s Municipal Code, obtaining all necessary permits, and adhering to all applicable CITY and State rules and regulations, signage, and building and construction standards.
i. Installations must conform to all local, state and federal guidelines and be performed by a qualified licensed contractor.

DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 10 B0785-0001\2644988v4.doc
j. Identifying and installing radar where there is no underground loop, prior to construction, shall be the responsibility of CONTRACTOR. When the installation occurs in the public right of way they must be located directly by CITY public works and/or transportation departments. The System must be installed above ground and not be installed using underground facilities.
k. CONTRACTOR will provide digital camera systems capable of photographing both the front and rear of vehicles whose drivers commit red light violations. Additionally, the digital camera systems must be capable of clearly photographing and recording the identification of the driver of the vehicle that is reasonably believed to be committing a red light violation. The digital camera systems shall be capable of consistently obtaining an image of the front of those vehicles so as to clearly identify the driver. They must also obtain a clear image of the rear of vehicles so as to clearly identify the license plate, including dealer issued paper license plates. Images shall be clearly discernible and visible to the naked eye and without the use of enhancement equipment to view the photograph of the violator vehicle. Further, the digital camera systems must be capable of consistently obtaining photographs of both reflective and non-reflective license plates, regardless of glare. The cameras shall have the ability to operate effectively during nighttime operation and all weather conditions, including extreme heat and cold and fog and rain.
l. The ability of the digital camera systems to accurately detect red light violators 24 hours per day is mandatory.
m. The digital cameras shall have the capability of operating effectively under all weather conditions, including extreme heat and cold.
n. Systems that do not use flood lights and/or more than one high speed strobe light for each camera are preferred.
o. Each digital camera system shall be capable of accurately and clearly monitoring up to four traffic lanes for red light violations occurring concurrently; and shall be capable of separately identifying concurrent violations.
p. Systems that use a single camera to document the red light violation from the rear and a single camera from the front to capture the drivers face are preferred. q. CONTRACTOR will be responsible for all maintenance and repairs of the digital camera systems.
r. CONTRACTOR shall provide a secure Internet site through which the Police Department can review, and accept or reject citations and view live feeds. Other information gathered by the camera systems should be available on the secure Internet site. s. CITY prefers a system that also allows for live viewing of intersection video over a secure internet connection.
t. CONTRACTOR shall use isolation relays or equivalent to protect traffic signal equipment from noise, transient voltage, and any related remote interconnect or interference problems in accordance with the NEMA standards and must demonstrate that the DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 11 B0785-0001\2644988v4.doc
system cannot record an erroneous violation (e.g. when the traffic signal is not in the red phase).
u. CONTRACTOR’s system shall provide a convenient means of disconnecting it from the traffic signal system. CITY shall retain the right to disconnect CONTRACTOR’s system from the traffic signal system when, in the opinion of CITY, it is in CITY’s best interest to do so for purposes of maintenance, repair, troubleshooting or other reason related to the proper operation of the traffic signal system. CITY will notify CONTRACTOR when the photo red light system is disconnected by CITY.
v. The system should provide remote diagnostics to identify any system failures and electronically notify CONTRACTOR of such failures and system shut down.

CONTRACTOR to maintain maintenance logs and provide methods for calibration, including self-calibration of the equipment.
w. CITY prefers a red light enforcement system that can be moved from non-performing intersections to performing intersections at CITY’s discretion. The relocation of equipment to a new location from an existing location (if needed) will be a negotiated item between CITY and CONTRACTOR.
x. CONTRACTOR’s digital camera system shall monitor status of the traffic signal via 120 VAC field terminals.
y. Systems that use less than 8 amp of power are preferred. z. From point of data capture, all camera photos and accompanying video sequences must be capable of secure storage and transmission and capable of maintaining a secure chain of custody of evidence, including data and images collected. aa. Maintenance response times shall be within 24 hours of CITY’s written notification to CONTRACTOR of CITY’s need for maintenance.

Customer Service Requirements
a. Provide a secure Internet site for customer support to address citizen concerns and to allow viewing of violation photographs by the person named in the complaint, the admitted driver, or the responsible party in the case of a business or a government-owned vehicle.

The secure Internet site shall provide the images and video clip of the violation for viewing by the violator (both MAC & PC users). The secure Internet site shall be available 24 hours a day, 7 days a week (except reasonable downtime for scheduled maintenance).

CONTRACTOR shall also provide a local or toll free telephone number for the public, staffed during normal business hours (9 AM to 5 PM, PST, Monday thru Friday) with minimal wait time, to answer questions concerning either the System or a specific complaint.
b. CONTRACTOR shall have at least one bilingual (English/Spanish) employee on-staff to respond to inquiries by telephone. CONTRACTOR shall also provide additional bilingual services as required by CITY. CONTRACTOR shall provide trained staff with experience in a customer service environment to handle calls from the public.

DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 12 B0785-0001\2644988v4.doc
Citation Generation and Processing
a. For the purposes of this Agreement, the terms “citation,” “complaint,” and “charge” are synonymous and interchangeable. The term “Court” is the Superior Court of CaliforniaLos Angeles County West Branch Traffic Division. All citation processing shall be accomplished in a manner approved in advance by CITY.
b. All processing procedures shall be conducted in a timely manner and in accordance with applicable court rules, state and local laws.
c. In and out of state vehicle registration information is required to issue citations.

CONTRACTOR shall demonstrate the ability to obtain and maintain access to the California DMV computer system to provide the required registered owner information and driver’s license information. Citations should be separately issued from a unique complaint number series and filed separately with the Court.
d. Citations must be approved and issued by the CITY’s Police Department before mailing by CONTRACTOR. The citation must meet Court requirements before it is mailed. e. CONTRACTOR shall bear the costs for the printing and mailing of citations, as well as other associated costs and expenses required to manage a professional processing center.
f. CONTRACTOR shall be responsible for processing all images and recording of all data related to individual citations.
g. CONTRACTOR must operate, maintain, and run its own processing and mailing center to protect the chain of evidence, and shall ensure there is a clear unobstructed image for each citation sent out.
h. The driver should be visible and recognizable. Visual blockage of other vehicle occupants will be a business decision made by the CITY’s Police Department. i. All images produced by CONTRACTOR shall be used solely for prosecution of red light violations, except as otherwise permitted or required under applicable law. j. All images, which result in the issuing of a citation, shall clearly show thefollowing:
 A motor vehicle committing a suspected violation
 A driver’s face
 An unobstructed rear license plate
 The color of the traffic signal
 A physical location where the suspected violation occurred k. All images shall include a data line with the following information imprinted upon the image, but not obstructing the violation images:
 Day, month, and year of the suspected violation
 Time of the suspected violation (hours: minutes: seconds)  Traffic signal phase
DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 13 B0785-0001\2644988v4.doc
 Direction of the vehicle photographed
 Location code
 Elapsed time from beginning of the red indication
 Duration of the preceding yellow indication
 Posted Speed Limit
l. In addition to the information listed above, the data line on the second image should also include the elapsed time from the first image.
m. The images created must show the driver’s face clearly enough to permit positive identification. Vehicle registration information should match the make and model of the vehicle in the photograph. The CITY’s Police Department issues all of the citations and establishes regulations as to how processing of the citations will occur. n. CONTRACTOR shall require a second review of all suspected violation images to ensure no misread registration plates will result in faulty citations o. CONTRACTOR shall provide a method for the examination, retrieval and/or reproduction of images for any photographed vehicle, as requested or authorized by the CITY’s Police Department.
p. CONTRACTOR shall provide photographs with the citation for viewing by the citizen in receipt of the complaint. Optional customer-violator access to photographs and video clips, over a secure Internet site, is preferred.
q. CONTRACTOR must destroy all approved violation images produced by digital camera systems within 180 days from the date of the violation disposition, unless otherwise authorized by the CITY’s Police Department, in accordance with State law and Departmental policy.
r. CONTRACTOR shall maintain a proper evidence chain of custody, in accordance with established law, that meets CITY requirements.

Reporting
a. CONTRACTOR shall have available on-line, through the designated Police Administrator, a monthly report of photo red light enforcement results. b. Reports shall be current and available at all times on-line. The monthly report shall include a minimum of the following information:
 Total number of violations captured by red light camera systems  Total number of actionable violation images by red light camera systems  Total number of un-actionable violation images by red light camera systems, itemized by reason for non-issuance
 Total number of citations filed with the Court for red light violations  Total citations paid
 Total revenue collected
DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 14 B0785-0001\2644988v4.doc
c. CONTRACTOR shall provide any other such report(s) and document(s) as are reasonably necessary to assure compliance with CITY’s guidelines, applicable law or is otherwise helpful to further the mission of CITY’s red light enforcement program.

Training
a. CONTRACTOR shall provide reasonable and necessary on-site training in the operation of the System for CITY designated staff. This training shall provide CITY’s traffic signal staff with an understanding of how the the System operates and a detailed understanding of how the System interfaces with CITY’s traffic signal equipment. Training in periodic maintenance shall be provided by CONTRACTOR if deemed necessary by CITY.

Inspection by CITY staff of CONTRACTOR’s facilities shall be provided as part of training.

CITY shall be entitled to inspect CONTRACTOR’s facilities at any time, with or without notice.
b. CONTRACTOR shall provide training on any proposed use of CONTRACTOR’s computer system, and internet-based access, to authorized CITY staff. c. CONTRACTOR shall submit an overview of the training of its employees and any expert witnesses CITY, the Court, or CONTRACTOR will require to further the efforts of CITY’s red light photo enforcement program.

Court Testimony
a. CONTRACTOR shall provide court testimony including documentation as necessary to describe the maintenance, repair records, technical operation of the System and related equipment for contested citations.
b. If the court requires an expert witness or percipient witness regarding the authentication and/or foundation for the admission of evidence, testimony by witnesses will be provided by CONTRACTOR at no additional cost to CITY.

Community Awareness
a. CONTRACTOR shall assist with the design of an on-going media campaign and on-line instructional video, to be implemented by CITY’s Police Department, to provide awareness to the citizens and visitors of CITY. In addition, CONTRACTOR may be required to attend public meetings and assist CITY’s Police Department and any other appropriate CITY staff in demonstrating the equipment used for the System.
b. Prior to issuing citations to violators, a thirty (30) day courtesy warning period will occur (which only applies to new Designated Intersection Approaches not previously enforced by System cameras and any Designated Intersection Approach that is newly monitored by a CONTRACTOR). During this time, CONTRACTOR will send a letter, subject to the prior written approval of CITY’s Police Department, to violators notifying them of their offense. CONTRACTOR will be compensated during the thirty (30) day courtesy warning period.
c. CONTRACTOR shall provide advanced warning signs for all approaches of an enforced intersection in accordance with the Manual on Uniform Traffic Control Devices and the DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 15 B0785-0001\2644988v4.doc
California Vehicle Code. CONTRACTOR shall also provide to CITY a monthly report on a form approved by CITY for posting on CITY’s website.
d. News releases pertaining to this procurement or any part of the subject shall not be made without prior written approval of the Police Administrator.

Conflict of Interest
CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the work contemplated by the Agreement with CITY. No person having any such interest shall be employed by or be associated with CONTRACTOR.

INFECTIOUS DISEASE
A. The federal government and State of California, the County of Los Angeles, and CITY have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for CITY employees and the community, CITY is requiring all contractors and CONTRACTOR to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its employees and subcontractors (collectively “CONTRACTOR employees”) assigned to CITY projects that come onsite to any CITY facility to perform services under the Agreement.

B. CONTRACTOR shall notify CITY immediately in writing if CONTRACTOR or CONTRACTOR employees have come in contact with anyone with an infectious disease or has contracted an infectious disease. Such CONTRACTOR employees shall immediately cease performing services under the Agreement.

C. CONTRACTOR shall monitor CONTRACTOR employees’ signs and symptoms with written logs. CONTRACTOR shall maintain a daily recording of the following:

1. Require CONTRACTOR employees to take their temperature each time they enter and exit CITY facilities (both before and after work is performed at CITYfacilities).

2. If CONTRACTOR employees have a fever (100°F or higher), are coughing, have trouble breathing or other symptoms of COVID-19, the common cold, or influenza:
(a) Do not have CONTRACTOR employees report to work.
(b) Contact your CITY Responsible Principal.
(c) Direct CONTRACTOR employees to:
i. Not go out in public.
ii. Avoid contact with others.
iii. Not travel while sick.
iv. Cover mouth and nose with a tissue or sleeve (not hands), whilecoughing or sneezing.
v. Wash hands often with soap and water for at least 20 seconds to avoid spreading illnesses such as the common cold, influenza or COVID-19 to others.

DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 16 B0785-0001\2644988v4.doc
vi. If soap and water are not readily available, use an alcohol-based hand sanitizer, which contains 60%-95% alcohol or solutions available for use at thefacility. vii. Wear face coverings at all times unless alone in a vehicle, personal office or cubical,

3. CONTRACTOR shall disinfect all areas that CONTRACTOR’s employees come in contact with while performing services under the Agreement before and after usage.

4. CONTRACTOR employees shall not return to any CITY facility until they meet the guidance* of the Los Angeles County Department of Public Health. * CONTRACTOR acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance for managers.

D. CONTRACTOR shall also maintain daily monitoring and record keeping in connection with CITY projects where CONTRACTOR employees come on site for the following information:

1. Projects are adhering to Social Distancing and Industry Safety Standards for employees and the public. Please review Los Angeles County Department of Public Health guidelines for social distancing.

2. CONTRACTOR employees are not working while sick.

3. CONTRACTOR shall notify their CITY Project Manager or CITY Responsible Principal prior to reporting on site daily.

4. CONTRACTOR shall contact their CITY Project Manager or CITY Responsible Principal to reschedule non-essential services.

E. CONTRACTOR shall provide employees with handwashing and sanitizingequipment.

These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not.

CONTRACTOR shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders.

For the latest CITY updates and COVID-19 related FAQs please visit http://www.beverlyhills.org/novelcoronavirus
CITY reserves the right to review CONTRACTOR’s daily logs to ensure compliance with this Agreement. CITY has the right to send CONTRACTOR employees home who do not comply with these requirements. CONTRACTOR shall maintain the recordings and logs in accordance with the Agreement.

For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.

DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 17 B0785-0001\2644988v4.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY agrees to compensate CONTRACTOR for the satisfactory work described in Exhibit A, in an amount not to exceed Four Million Two Hundred Seventy Thousand Two Hundred TwentySeven Dollars and Nineteen Cents ($4,270,227.19) at the rates set forth in this Exhibit and in Attachment 1 to this Exhibit B, including all labor, taxes, and expenses.

1. For the existing ten Designated Intersection Approaches that CONTRACTORrequires new installations, CITY shall be obligated to pay CONTRACTOR a fixed fee of Four Thousand Four Hundred Thirty Dollars ($4,330.00) per month per Designated Intersection Approach commencing on the installation of each Designated Intersection Approach to be installed under this Agreement.

2. For the existing six Designated Intersection Approaches that CONTRACTOR will retrofit, CITY shall be obligated to pay CONTRACTOR a fixed fee of Four Thousand One Hundred Eighty Dollars ($4,180.00) per month per Designated Intersection Approach commencing on the installation of each Designated IntersectionApproach.

3. CITY shall not be obligated to pay, and will not be billed for each calendar day that a particular Designated Intersection Approach is not functioning for a period of 48 hours due to equipment related malfunction, including if the Designated Intersection Approach is knocked down and has not been replaced. The monthly statement for the relevant period will show a credit for a fraction of the Fixed Fee based on the number of calendar days in that month.

4. CONTRACTOR shall provide CITY with a monthly statement of the fees for the previous month. Such statement shall be provided on a form approved by CITY.

5. Upon receipt of such monthly statement, CITY shall pay CONTRACTOR for services satisfactorily performed by CONTRACTOR, within thirty (30) business days after the undisputed monthly statement is received by CITY.

6. Each year (based on the execution date of the Agreement) CONTRACTOR may increase the pricing by a Two Percent (2%) Cost of Living Adjustment ("COLA") upon thirty (30) days written notice to CITY.

7. CITY will waive all CITY-imposed planning application, environmental review, and plan check fees necessary for Photo Enforcement System installation under this Agreement.

CONTRACTOR shall obtain all permits required for the installation and implementation of the Red Light Enforcement System.

DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 18 B0785-0001\2644988v4.doc
ATTACHMENT 1 TO EXHIBIT B
No. Of Intersections
Per
Camera
Fee YR1
Per Camera
Fee YR2
Per Camera
Fee YR3
Per Camera
Fee YR4 Per Camera Fee YR5
New Intersection Installations 10 $4,330.00 $4,416.60 $4,504.93 $4,595.03 $4,686.93 Retrofit Intersections 6 $4,180.00 $4,263.60 $4,348.87 $4,435.85 $4,524.57 Monthly Fee $68,380.00 $69,747.60 $71,142.55 $72,565.40 $74,016.71 Annual Fee $820,560.00 $836,971.20 $853,710.62 $870,784.84 $888,200.53 Notes:

1. New Gen3 cameras installed for both new and retroffited intersections

2. Fees above billed upon contract commencement

3. 2% COLA Added to Per Camer Fee on AnnualBasis
$4,270,227.19
PRICE 5 YR
DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 19 B0785-0001\2644988v4.doc

EXHIBIT C

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

NAMED INSURED COMPANIES AFFORDING COVERAGE
A.

B.

ADDRESS C.

COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER

EXPIRATION
DATE
B.I. LIMITS
P.D.

AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED

OPERATIONS
BLANKET CONTRACTUAL
CONTRACTOR'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION

It is hereby understood and agreed that CITY, its City Council and each member thereof and every officer and employee of CITY shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:

It is further agreed that the following indemnity agreement between CITY and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend CITY, its City Council and each member thereof and every officer and employee of CITY from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against CITY, its City Council and each member thereof and any officer or employee of CITY which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to CITY.

In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

DATE: BY:

TITLE:

Authorized Insurance Representative
AGENCY: ADDRESS:

RM02.DOC REVISED 10/14/96.

DocuSign Envelope ID: 25147FA6-7297-4F27-882D-4CD921271564 Certificate Of Completion
Envelope Id: 25147FA672974F27882D4CD921271564 Status: Sent Subject: Please DocuSign Conduent -Photo Red Light Agreement Source Envelope:

Document Pages: 19 Signatures: 4 Envelope Originator:

Certificate Pages: 3 Initials: 0 Maria Lara
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.168
Record Tracking
Status: Original
6/6/2022 9:42:57 AM
Holder: Maria Lara
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
James Brakman
[email protected]
VP, GM
Conduent
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Signed by link sent to
[email protected]
Using IP Address: 166.205.147.14
Signed using mobile
Sent: 6/6/2022 9:54:34 AM
Viewed: 6/6/2022 10:25:21 AM
Signed: 6/6/2022 10:25:32 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Mark Stainbrook
[email protected]
Chief
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 198.245.189.168
Sent: 6/6/2022 10:25:34 AM
Resent: 6/7/2022 10:46:48 AM
Resent: 6/7/2022 1:44:16 PM
Viewed: 6/7/2022 2:33:43 PM
Signed: 6/7/2022 2:33:52 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 174.195.139.191
Signed using mobile
Sent: 6/7/2022 2:33:54 PM
Viewed: 6/7/2022 4:10:11 PM
Signed: 6/7/2022 4:10:25 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Deborah Hakman for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 23.243.217.91
Signed using mobile
Sent: 6/7/2022 4:10:27 PM
Viewed: 6/7/2022 4:33:39 PM
Signed: 6/7/2022 4:33:57 PM
Electronic Record and Signature Disclosure:

Signer Events Signature Timestamp
Not Offered via DocuSign
Cindy Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 6/7/2022 4:33:58 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
George Chavez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Lili Bosse
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jackie Perez
[email protected]
Security Level: Email, Account Authentication
(None)
Carbon Copy Events Status Timestamp
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Lourdes Sy-Rodriguez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/6/2022 9:54:34 AM
Payment Events Status Timestamps
Attachment 2
B0785-0001\2563549v2.doc
August 11, 2021

NOTICE INVITING PROPOSALS FOR PHOTO RED LIGHT ENFORCEMENT SERVICES FOR THE CITY OF

BEVERLY HILLS
BID NO. 22-170-01
The City of Beverly Hills invites prospective respondents to submit proposals to provide a red light enforcement program. The number of intersections to be monitored will not be determined until after the selected Vendor has completed an intersection analysis to establish need based on safety. The selected program must comply with California law. Proposals must be submitted in accordance with the conditions outlined in this Request for Proposal (RFP) online via Planet Bids.

The RFP is getting posted for prospective respondents via Planet Bids:
(https://www.beverlyhills.org/BHPlanetBids) at 11:00 a.m. (Pacific) on Wednesday, August 11, 2021.

The Respondent’s proposals must be in the Proposal response format outlined in Section 6: Format of Response/Proposal of this RFP and submitted no later than 2:00 p.m. (Pacific), Thursday, September 2, 2021 via Planet Bids. Late proposals will not be accepted, regardless of unexpected electronic system failure. The proposal must have a proposal life of at least one-hundred eighty (180) days from the date of the RFP due date. This shall represent the time during which the Proposal is a firm offer and an Agreement may be entered. An authorized representative of the company must sign the Proposal and the name and title of the representative must be indicated below the signature. The website for this RFP and related documents is: (https://www.beverlyhills.org/BHPlanetBids).

All project correspondence and addenda will be posted on the project website. It is the responsibility of Proposers to check the website regularly for information updates and RFP clarifications, as well as any RFP addenda. All questions regarding this RFP must be submitted through the Planet Bids website: (https://www.beverlyhills.org/BHPlanetBids) no later than 5:00 p.m. (Pacific), Wednesday, August 18, 2021. Unauthorized contact with any employee of any agency or department that is part of the City of Beverly Hills will result in disqualification from the RFP process. The City is not obligated to respond to questions or requests for clarifications or interpretations not received by the stated deadline. Any inquiry should state the question only, without additional information. Responses to questions or comments provided by any other department, employee, or City office concerning the RFP will not be valid and will not bind the City. Inquiries received via telephone, fax, or in-person will not receive a response.

All Proposals and accompanying documentation will become the property of the City and will not be returned. Proposers are fully responsible for ensuring their Proposals are received by the time and date indicated. Accordingly, Proposers are encouraged to submit their Proposals at least 24 hours before the time and due date. Following the proposal submittal deadline, Proposers shall not contact the RFP Coordinator or any other agency official or employee, except to respond to a request by the RFP Coordinator.

The Coordinators for this RFP will be:

Sgt. Jay Kim, Traffic Bureau Supervisor Sgt. Gregg Mader, Traffic Bureau Supervisor Email: [email protected] Email: [email protected] Beverly Hills Police Department Beverly Hills Police Department 464 N. Rexford 464 N. Rexford
Beverly Hills, CA 90210 Beverly Hills, CA 90210

CITY OF BEVERLY HILLS

PROPOSAL FOR PHOTO RED LIGHT ENFORCEMENT SERVICES
PD BID NO. 22-170-01
PAGE 2 OF 19
B0785-0001\2563549v2.doc

REQUEST FOR PROPOSALS
Date of Request: August 11, 2021, 11:00 a.m. (Pacific)
Bid Number: PD 22-170-01
Item Description: The City of Beverly Hills / Beverly Hills Police Department (BHPD) is accepting proposals from qualified bidders to provide Photo Red Light Enforcement Services. This Request for Proposal (“RFP”) is a part of a managed competition process for the City’s Photo Red Light Enforcement program.

Question Period: August 16, 2021, thru August 18, 2021 by 5:00 p.m. (Pacific).

All inquiries must be received via Planet Bids website:
(https://www.beverlyhills.org/BHPlanetBids)
City’s response to requests and submissions of questions will take the form of a Bid Addenda, which will be posted on Planet Bids for viewing by all respondents of this RFP within 2 days of the end of the question period.

Due(Open) Date: September 2, 2021, at 2:00 p.m. (Pacific) Evaluation Period: September 3, 2021 – September 16, 2021 (tentative) Upon review and evaluation of the proposals submitted, the City may develop a short list of candidates and invite selected respondents to participate in an interview and presentation process. The Police Department’s Traffic Bureau may also conduct an inspection of selected respondents’ business facilities.

City Council Approval: October 19, 2021, at 7:00 p.m. (Pacific) (tentative)

CITY OF BEVERLY HILLS

PROPOSAL FOR PHOTO RED LIGHT ENFORCEMENT SERVICES
PD BID NO. 22-170-01
PAGE 3 OF 19
B0785-0001\2563549v2.doc

TABLE OF CONTENTS
Section 1: Minimum Requirements for Submitting a Proposal 3 Section 2: General Conditions 3
Section 3: Insurance and Indemnification Requirements 6 Section 4: Background Information 8
Section 5: Requirements 8
Section 6: Format of Response/Proposal 17
Section 7: Selection Process 18
Attachment A – Sample Agreement
SECTION 1: Minimum Requirements for Submitting a Proposal 1-1. Respondents must have been in the business of providing photo red light enforcement services for a period of at least five years.
1-2. Respondents must provide complete proposals, including detailed descriptions of how they would provide the requested services, and detailed financial information that describes all aspects of the services they propose to provide.
1-3. Respondents’ proposals must be valid for not less than one-hundred eighty (180) days after the Open Date.

SECTION 2: General Conditions
2-1. Proposals must be submitted to provide photo red light enforcement services. 2-2. Proposals may be withdrawn at any time prior to the Open Date by submitting a written request via email to: [email protected] with a copy to [email protected]. No proposal may be withdrawn after the Open Date.
2-3. Respondents are advised to become familiar with all conditions, instructions, and specifications of this RFP. By submitting a proposal, Respondent represents and warrants that it has thoroughly examined and become familiar with work required under this RFP, that Respondent has conducted such additional investigation as it deems necessary and convenient, that Respondent is capable of providing the services requested by the City in a

CITY OF BEVERLY HILLS

PROPOSAL FOR PHOTO RED LIGHT ENFORCEMENT SERVICES
PD BID NO. 22-170-01
PAGE 4 OF 19
B0785-0001\2563549v2.doc
manner that meets City’s objectives and specifications as outlined in this RFP, and that Respondent has reviewed and inspected all materials submitted in response to this RFP. Once the award(s) have been made, a failure to have read the conditions, instructions, and specifications herein shall not be cause to alter the contract or for Respondent(s) to request additional compensation.
2-4. The Respondent(s) selected for the contract will be responsible for complying with all conditions of this RFP and any subsequent formal agreements. All responses provided should be as detailed as possible to provide the proposal evaluators with enough information to make an assessment of the Respondent(s)’ services in accordance with the requirements herein. 2-5. The Submission format should follow Section 6. The evaluation criteria described in Section 7 should be incorporated in the Response/Proposal Letter of Interest as described by 6-2.2. 2-6. Respondents to the RFP must submit complete electronic copies via Planet Bids:
(https://www.beverlyhills.org/BHPlanetBids). The Respondent’s proposals must be in the Proposal response format outlined in Section 6: Format of Response/Proposal of this RFP and submitted no later than 2:00 p.m. (Pacific), Thursday, September 2, 2021 via Planet Bids. 2-7. Upon review and evaluation of the proposals submitted, the City may develop a short list of candidates and invite selected respondents to participate in an interview and presentation process. The Police Department’s Traffic Bureau may also conduct an inspection of selected respondent’s business facilities between September 3, 2021 and September 16, 2021(tentative).
2-8. All requests for clarification or inquiries concerning this RFP must be submitted via Planet Bids:
(https://www.beverlyhills.org/BHPlanetBids) between Monday August 16, 2021 through Wednesday, August 18, 2021 5:00 p.m. (Pacific). Any inquiry should state the question only, without additional information. Responses to questions or comments provided by any other department, employee, or City office concerning the RFP will not be valid and will not bind the City. Inquiries received via telephone, fax, or in-person will not receive a response. City’s responses to requests and submissions of questions will take the form of a Bid Addenda, which will be posted on Planet Bids: (https://www.beverlyhills.org/BHPlanetBids) for viewing by all respondents of this RFP within 2 days of the end of the question period. 2-9. Respondents’ failure to duly and adequately respond to this RFP will render the proposal nonresponsive and is grounds for rejection by the City. 2-10. Late proposals will not be accepted, regardless of unexpected electronic system failure.

Respondents are responsible for posting proposals on Planet Bids:
(https://www.beverlyhills.org/BHPlanetBids) by the stated deadline, 2:00 p.m. (Pacific), September 2, 2021. All proposals must be in electronic format and must contain an original signature by an authorized representative of the company with name and title indicated below the signature.
2-11. Respondents’ proposal must be valid for not less than one-hundred eighty (180) days after the Open Date.

CITY OF BEVERLY HILLS

PROPOSAL FOR PHOTO RED LIGHT ENFORCEMENT SERVICES
PD BID NO. 22-170-01
PAGE 5 OF 19
B0785-0001\2563549v2.doc
2-12. The City of Beverly Hills shall not be liable for any pre-contractual expenses incurred by any proper or the selected Respondent. Respondents shall not include any such expenses as part of the price proposal in response to this RFP.
2-13. This Request for Proposals, its attachments, the Responsive Proposal, and Addenda, if any, will be incorporated as part of the Contract.
2-14. If the Respondent is a sole proprietorship, the contract shall be executed by the business owner personally. If the Respondent is a partnership, the contract shall be executed by one of the partners that has authority to bind the partnership. If the Respondent is a corporation, the contract must be executed by two authorized signatories. The first must be one of the following: chairman of the board, president or any vice president; the second signature must be a secretary, any assistant secretary, the chief financial officer or any assistant treasurer. If the Respondent is a joint venture, the contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to bind the entity. 2-15. Every supplier of materials and services and all Respondents doing business with the City shall be an “Equal Opportunity Employer” as defined by Section 2000 (E) of Chapter 21, Title 42 of the United States Code and Federal Executive Order #11375, and as such shall not discriminate against any person by race, creed, color, religion, age, sex, or physical or mental disabilities with respect to hiring, application for employment, tenure, terms or conditions of employment.
2-16. The Respondent(s) selected for the contract(s) shall cooperate in all matters relating to taxation and the collection of taxes. It is the policy of the City to self-accrue the use tax, when applicable, and report the use tax to the State Board of Equalization with a City assigned permit number.

The City’s own use tax which is self-accrued by the City will be remitted to the State of California pursuant to the City’s permit with the State Board of Equalization. 2-17. Respondent may associate with or employ associates or subcontractors in the providing of the services upon obtaining the prior written approval of City to such association or subcontract, but shall remain, at all times, primarily responsible for providing services.

SECTION 3: Insurance and Indemnification Requirements
3-1. The Respondent selected (“Respondent”) shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Respondent.
3-2. Respondent shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by Contractor in performing the services required by the Agreement.

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3-3. Respondent shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Workers’ compensation insurance as required by the State of California..
3-4. Respondent shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Technical Errors and Omissions and Cyber Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, against any loss or damage resulting from data breaches and/or the wrongful or negligent acts by Respondent.
3-5. Respondent shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONTRACTOR agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
3-6. Respondent agrees to maintain in force at all times during the performance of work under the Agreement workers' compensation insurance as required by law. 3-7. Respondent shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of the Agreement.
3-8. The policy or policies required by the Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best's Insurance Guide.
3-9. Respondent agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate the Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Respondent's expense, the premium thereon.
3-10. At all times during the term of the Agreement, Respondent shall maintain on file with the City Risk Manager a certificate or certificates of insurance on the form set forth on Exhibit C, attached hereto and incorporated herein, or satisfactory to the City Attorney and Risk Manager, showing that the aforesaid policies are in effect in the required amounts. Respondent shall, prior to commencement of work under the Agreement, file with the City Risk Manager such certificate or certificates.
3-11. The policies of insurance required by the Agreement shall contain an endorsement naming the City and City’s elected officials, officers, employees, agents, representatives, attorneys and volunteers as additional insureds. All of the policies required under the Agreement shall contain an endorsement providing that the policies cannot be suspended, voided, canceled or reduced except on thirty (30) days’ prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
3-12. The insurance provided by Respondent shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, employees, agents or

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volunteers shall be excess of Respondent’s insurance and shall not contribute with it. The policies of insurance required by the Agreement shall include provisions for waiver of subrogation. The Respondent hereby waives all rights of subrogation against City. 3-13. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, Respondent shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Respondent shall procure a bond guaranteeing payment of losses and expenses.
3-14. Respondent shall indemnify, defend and hold City, its elected officials, officers, employees, agents and volunteers free and harmless with respect to all claims, suits, actions, liabilities, expenses and/or costs of any kind, whether actual, alleged or threatened, actual attorney’s fees incurred by City, court costs, interest and defense costs including expert witness fees, where the same arise out of, or are connected with, in whole or in part, the acts or omissions of Respondent, or any of Respondent’s officers, agents, employees or contractors, in the performance of the Agreement, and which result in death, personal injury or property damage to any individual or entity, including the employees or officials of Respondent, excepting only such claims and liabilities that arise solely out of the City’s active negligence. 3-15. Respondent’s obligations under this or any other provision of the Agreement will not be limited by the provisions of any workers compensation act or similar act. Respondent expressly waives its statutory immunity under such statutes or laws as to the City, its elected officials, officers, agents, employees and volunteers.
3-16. City does not and shall not waive any rights that it may possess against Respondent because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Respondent agrees that Respondent’s covenant under this section shall survive the termination of the Agreement. 3-17. The insurance coverage amounts required under the Agreement do not limit City’s right to recover against Respondent and its insurance carriers.
(Note: Proof of insurance need not be submitted with the proposal, but must be provided before the City can award the contract.)
SECTION 4: Background Information
4-1. The City of Beverly Hills is a 5.7 square-mile municipality surrounded by the cities of Los Angeles and West Hollywood. Approximately 35,000 people live in Beverly Hills and over 76,000 people work in the City. On any given day there is a daytime population of between 150,000 and 294,000 people physically in the City, including residents, businesses, and visitors. Over 320,000 vehicles enter and leave Beverly Hills daily. 4-2. The City of Beverly Hills successfully dedicates its resources to provide residents, businesses and visitors the highest quality safety services, recreational facilities, and physical environment with impressive results.

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4-3. BHPD maintains an emergency response time of less than three minutes. The City of Beverly Hills Fire Department (BHFD) has response time average of four minutes for fire suppression and three and a half minutes for emergency medical responses. High standards for training and state-of-the-art equipment have resulted in an incidence of crime that is lower than that in any surrounding agency.
4-4. Current Program. The City currently contracts with a contractor that provides photo red light enforcement services. On average, the contractor processes approximately 2000 incidents per month from 16 camera system approaches.

The contractor is required to provide photo red light enforcement services including, maintenance at the designated intersection approaches, violation processing and associated services, comply with applicable legal requirements and the City’s operating rules and guidelines.

SECTION 5: Requirements
5-1. Solicitation Objectives
5-1.1 The City of Beverly Hills seeks to utilize photo red light camera enforcement technologies to reduce traffic collisions, encourage voluntary compliance with traffic laws, and create a safer environment on City streets. The City intends to contract with a qualified contractor for comprehensive and fully integrated operational services for the red light enforcement program. The contractor will install red light safety camera equipment at intersections designated by the City covering one to four approaches at each intersection, as determined by the City. At selected approaches, up to four lanes of traffic will require photo red light camera enforcement, including any turn lanes. The contracted services shall include providing all hardware, software, installation, maintenance, operation, and processing of violations in accordance with applicable law and the City’s rules and guidelines as specified below. 5-1.2 The contract term will be three to five (3-5) years with recurring one (1) year extension options.
5-1.3 The City expects to acquire the services as outlined below. The services sought from qualified Vendors include the following:
a. Assistance with intersection approach selection based on intersection safety at no additional cost to City.
b. Site design, installation of new previously unused equipment, maintenance and operation of red light safety cameras at all selected intersections. c. Processing of data and providing access to clear images and information reflecting possible violations, via a secure website, to the Beverly Hills Police Department for review and authorization of citations by electronic signature for those incidents that meet specified criteria.

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d. Ability to obtain in-state and out-of-state vehicle registration directly from DMV departments or by using NLETS or both. The Vendor must hold NLETS Strategic Partner and must have passed the most recent NLETS audit. Vendor must have authorized access to LexisNexis®, Accurint® or similar system acceptable to the City of Beverly Hills.
e. Initial and subsequent mailing of duly authorized Notices of Violation to registered vehicle owners within mandated timeline of 15 days (per 40518 (a) CVC).
f. Maintenance of an online internet viewing capability for use by Beverly Hills Police Department personnel and members of the public who receive violations in the mail.
g. Maintenance and monitoring of all camera system installed equipment remotely and onsite as necessary.
h. Provision of expert testimony at contested Court hearings will be provided by vendor at no additional cost to the City for the life of the contract. i. Assistance with the development of a public information and community outreach campaign and ongoing Public Service Announcements as deemed necessary by the City of Beverly Hills.
j. A provision for regular statistical reports of program operations. k. Training for City staff involved in the implementation of the program including the ability for BHPD officers to conduct periodic maintenance if deemed necessary by the City of Beverly Hills at no additional cost to the City. 5-2. System Specifications
5-2.1 The Vendor will provide all related equipment needed to identify and photograph motor vehicles violating the provisions contained in accordance with California law.

5-2.2 The City reserves the right, in its sole discretion with adequate prior notice to the Vendor, to increase the number of intersections included in the Program. These approaches will be analyzed in cooperation with the Vendor. 5-2.3 A photo red light camera system is defined as the operation of all equipment, hardware, software, and personnel required for violator identification, using owner records from the DMV or appropriate out-of-state agency; mail out a citation as approved by the Beverly Hills Police Department; and send a notice to appear as approved by the Court and Judicial Council to all red light violators at a designated intersection approach. The Vendor shall be authorized by NLETS to identify out-ofstate license plates. The Vendor shall have access to LexisNexis® Accurint® or similar system acceptable to the City of Beverly Hills. Required hardware shall include, at a minimum, all computer interfaces, software, digital cameras, flash strobes, sensor arrays, wiring, and any necessary appurtenances to support a fully

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functional photo red light enforcement system. The City shall require the proposer to install all hardware including sensory arrays. The red light enforcement system shall include recognition and citations issuance to vehicles with dealer issued paper license plates (temporary issued license plates).
5-2.4 Photo enforcement systems will utilize high resolution, high speed, color digital camera equipment. A megapixel resolution of at least twenty (20) is preferred. Photo enforcement systems also shall be compatible with the “LED” traffic signals, in order to accurately capture the phasing of the signal lights (NO flickering, fading, or obstructions).
5-2.5 A secondary video camera shall be used to capture a short video clip of each violation. High definition video capability is preferred. 5-2.6 The video camera shall also provide live viewing of the intersection at any time by the City without interfering with the red light system; and shall store the full 24-7 data for a minimum of 90 days and be available for recall and review by the City at actual speed or on a frame by frame basis.
5-2.7 The Vendor must provide and install the poles, digital camera housings, sensors, related wiring and any ancillary equipment necessary to make the proposed photo red light enforcement system operational.
5-2.8 Malfunction of the photo red light enforcement system shall not interfere or cause a malfunction in the normal cycling and operation of the existing traffic control system in place at the intersection.
5-2.9 The Vendor will install the poles, sensors and digital camera systems in accordance with professional standards. The Vendor will be responsible for submitting any plans as prescribed by City Code, obtaining all necessary permits and adhering to all applicable City and State rules and regulations, signage, and building and construction standards.
5-2.10 Installations must conform to all local, state and federal guidelines and be performed by a qualified licensed contractor.
5-2.11 Identifying and installing underground facilities where there is no underground loop, prior to construction, shall be the responsibility of the Vendor. When the installation occurs in the public right of way they must be located directly by City public works and/or transportation departments. City prefers for the red light enforcement system to be above ground and not be installed using underground facilities. 5-2.12 The Vendor will provide digital camera systems capable of photographing both the front and rear of vehicles whose drivers commit red light violations. Additionally, the digital camera systems must be capable of clearly photographing and recording the identification of the driver of the vehicle that is reasonably believed to be committing a red light violation. The digital camera systems shall be capable of consistently obtaining an image of the front of those vehicles so as to clearly identify the driver.

They must also obtain a clear image of the rear of vehicles so as to clearly identify the license plate, including dealer issued paper license plates. Images shall be clearly

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discernible and visible to the naked eye and without the use of enhancement equipment to view the photograph of the violator vehicle. Further, the digital camera systems must be capable of consistently obtaining photographs of both reflective and non-reflective license plates, regardless of glare. The cameras shall have the ability to operate effectively during nighttime operation and all weather conditions, including extreme heat and cold and fog and rain.
5-2.13 The ability of the digital camera systems to accurately detect red light violators 24 hours per day is mandatory.
5-2.14 The digital cameras shall have the capability of operating effectively under all weather conditions, including extreme heat and cold.
5-2.15 Systems that do not use flood lights and/or more than one high speed strobe light for each camera are preferred.
5-2.16 Each digital camera system shall be capable of accurately and clearly monitoring up to four traffic lanes for red light violations occurring concurrently; and shall be capable of separately identifying concurrent violations.
5-2.17 Systems that use a single camera to document the red light violation from the rear and a single camera from the front to capture the drivers face are preferred. 5-2.18 The Vendor will be responsible for all maintenance and repairs of the digital camera systems.
5-2.19 The Vendor shall provide a secure Internet site through which the Police Department can review, and accept or reject citations and view live feeds. Other information gathered by the camera systems should be available on the secure Internet site. 5-2.20 The City prefers a system that also allows for live viewing of intersection video over a secure internet connection.
5-2.21 Vendor shall use isolation relays or equivalent to protect traffic signal equipment from noise, transient voltage, and any related remote interconnect or interference problems in accordance with the NEMA standards and must demonstrate that the system cannot record an erroneous violation (e.g. when the traffic signal is not in the red phase).
5-2.22 Vendor’s system shall provide a convenient means of disconnecting it from the traffic signal system. The City shall retain the right to disconnect the Vendor’s system from the traffic signal system when, in the opinion of the City, it is in the City’s best interest to do so for purposes of maintenance, repair, troubleshooting or other reason related to the proper operation of the traffic signal system.
5-2.23 The system should provide remote diagnostics to identify any system failures and electronically notify the Vendor of such failures and system shut down. Vendor to maintain maintenance logs and provide methods for calibration, including selfcalibration of the equipment.

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5-2.24 The City prefers a red light enforcement system that can be moved from nonperforming intersections to performing intersections at City’s discretion. The relocation of equipment to a new location from an existing location (if needed) will be a negotiated item between City of Beverly Hills and Vendor. 5-2.25 The Vendor’s digital camera system shall monitor status of the traffic signal via 120 VAC field terminals.
5-2.26 Systems that use less than 1 amp of power are preferred. 5-2.27 From point of data capture, all camera photos and accompanying video sequences must be capable of secure storage and transmission and capable of maintaining a secure chain of custody of evidence, including data and images collected. 5-2.28 Maintenance response times shall be within 24 hours of City’s written notification to the Vendor of City’s need for maintenance.
5-3. Customer Service Requirements
5-3.1 The proposal shall include a secure Internet site for customer support to address citizen concerns and to allow viewing of violation photographs by the person named in the complaint, the admitted driver, or the responsible party in the case of a business or a government-owned vehicle. The secure Internet site shall provide the images and video clip of the violation for viewing by the violator (both MAC & PC users). The secure Internet site shall be available 24 hours a day, 7 days a week (except reasonable downtime for scheduled maintenance). The Vendor shall also provide a local or toll free telephone number for the public, staffed during normal business hours (9 AM to 5 PM, PST, Monday thru Friday) with minimal wait time, to answer questions concerning either the program or a specific complaint.
5-3.2 The Vendor shall have at least one bilingual (English/Spanish) employee on-staff to respond to inquiries by telephone. Vendor shall also provide additional bilingual services as required by City. The Vendor shall provide trained staff with experience in a customer service environment to handle calls from the public. 5-4 Citation Generation and Processing
5-4.1 For the purposes of this proposal, the terms “citation,” “complaint,” and “charge” are synonymous and interchangeable. The term “court” is the Superior Court of CaliforniaLos Angeles County West Branch Traffic Division. All citation processing shall be accomplished in a manner approved in advance by the City. .
5-4.2 All processing procedures shall be conducted in a timely manner and in accordance with applicable court rules, state and local laws.
5-4.3 In and out of state vehicle registration information is required to issue citations. The Vendor shall demonstrate the ability to obtain and maintain access to the California DMV computer system to provide the required registered owner information and driver’s license information. Vendors that are NLETS approved Strategic Partners will be preferred.

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5-4.4 Citations should be separately issued from a unique complaint number series and filed separately with the Court.
5-4.5 Citations must be approved and issued by the Beverly Hills Police Department before mailing by Vendor. The citation must meet Court requirements before it is mailed. 5-4.6 The Vendor shall bear the costs for the printing and mailing of citations, as well as other associated costs and expenses required to manage a professional processing center. 5-4.7 The Vendor shall be responsible for processing all images and recording of all data related to individual citations.
5-4.8 The Vendor must operate, maintain, and run its own processing and mailing center to protect the chain of evidence, and shall ensure there is a clear unobstructed image for each citation sent out.
5-4.9 The driver should be visible and recognizable. Visual blockage of other vehicle occupants will be a business decision made by the Beverly Hills Police Department. 5-4.10 All images produced by the Vendor shall be used solely for prosecution of red light violations, except as otherwise permitted or required under applicable law. 5-4.11 All images, which result in the issuing of a citation, shall clearly show the following:
a. A motor vehicle committing a suspected violation
b. A driver’s face
c. An unobstructed rear license plate
d. The color of the traffic signal
e. A physical location where the suspected violation occurred 5-4.12 All images shall include a data line with the following information imprinted upon the image, but not obstructing the violation images:
a. Day, month, and year of the suspected violation
b. Time of the suspected violation (hours: minutes: seconds) c. Traffic signal phase
d. Direction of the vehicle photographed
e. Location code
f. Elapsed time from beginning of the red indication
g. Duration of the preceding yellow indication
h. Posted Speed Limit
5-4.13 In addition to the information listed above, the data line on the second image should also include the elapsed time from the first image.
5-4.14 The images created must show the driver’s face clearly enough to permit positive identification. Vehicle registration information should match the make and model of the

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vehicle in the photograph. The Beverly Hills Police Department issues all of the citations and establishes regulations as to how processing of the citations will occur. 5-4.15 The Vendor shall require a second review of all suspected violation images to ensure no misread registration plates will result in faulty citations 5-4.16 The Vendor shall provide a method for the examination, retrieval and/or reproduction of images for any photographed vehicle, as requested or authorized by the Beverly Hills Police Department.
5-4.17 The Vendor shall provide photographs with the citation for viewing by the citizen in receipt of the complaint. Optional customer-violator access to photographs and video clips, over a secure Internet site, is preferred.
5-4.18 The Vendor must destroy all approved violation images produced by digital camera systems within 180 days from the date of the violation disposition, unless otherwise authorized by the Beverly Hills Police Department, in accordance with State law and Departmental policy.
5-4.19 The Vendor shall maintain a proper evidence chain of custody, in accordance with established law, that meets the City requirements.
5-5 Reporting
5-5.1 The Vendor shall have available on-line, through the designated Police Administrator, a monthly report of photo red light enforcement results. 5-5.2 Reports shall be current and available at all times on-line. The monthly report shall include a minimum of the following information:
a. Total number of violations captured by red light camera systems b. Total number of actionable violation images by red light camera systems c. Total number of un-actionable violation images by red light camera systems, itemized by reason for non-issuance
d. Total number of citations filed with the Court for red light violations e. Total citations paid
f. Total revenue collected
5-5.3 The Vendor shall provide any other such report(s) and document(s) as are reasonably necessary to assure compliance with the City’s guidelines, applicable law or is otherwise helpful in further the mission of the red light enforcement program. 5-6 Training
5-6.1 The Vendor shall provide reasonable and necessary on-site training in the operation of the digital camera systems for appropriate City staff. This training shall provide the City’s traffic signal staff with an understanding of how the digital camera system operates and a detailed understanding of how the photo red light system interfaces with the City’s traffic signal equipment. Training in periodic maintenance shall be provided by the Vendor if deemed necessary by the City of Beverly Hills. Inspection

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by City Staff of Vendor’s facilities shall be provided as part of training. City shall be entitled to inspect Vendor’s facilities at any time, with or without notice. 5-6.2 The Vendor shall provide training on any proposed use of Vendor’s computer system, and internet-based access, to authorized City staff.
5-6.3 The Vendor shall submit an overview of the training of its employees and any expert witnesses the City, Court, or Vendor will require to further the efforts of the program. 5-7 Court Testimony
5-7.1 The Vendor shall provide documentation as necessary to describe the maintenance, repair records, technical operation of the digital camera systems and related equipment for contested citations.
5-7.2 If the court requires an expert witness or percipient witness regarding the authentication and/or foundation for the admission of evidence, testimony by witnesses will be provided by Vendor at no additional cost to the City.
5-8 Community Awareness
5-8.1 The Vendor shall assist with the design of an on-going media campaign and on-line instructional video, to be implemented by the Police Department, to provide awareness to the citizens and visitors of the City. In addition, the Vendor may be required to attend public meetings and assist the Police Department and any other appropriate City staff in demonstrating the equipment used for the Photo red light enforcement program. 5-8.2 Prior to issuing citations to violators, a 30-day courtesy warning period will occur (only apply to new intersections not previously enforced by photo red light cameras and any intersection that is newly monitored by a new vendor). During this time the Vendor will send a letter, subject to prior written approval of the Police Department, to violators notifying them of their offense. The Vendor will be compensated during the 30 day courtesy warning period.
5-8.3 The Vendor shall provide advanced warning signs for all approaches of an enforced intersection in accordance with the Manual on Uniform Traffic Control Devices and the California Vehicle Code. Vendor shall also provide to City a monthly report on a form approved by City for posting on City’s website.
5-8.4 News releases pertaining to this procurement or any part of the subject shall not be made without prior written approval of the Police Administrator. 5-9 Fiscal Considerations
5-9.1 Vendor shall submit invoices on a monthly basis by the 10th of the following month.

Payment by the City for services by the Vendor will be made after the services have been performed, in accordance with the negotiated fee schedule.

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5-9.2 All fee proposals must comply with California law.

5-9.3 Vendor will obtain and maintain insurance as required by the City. 5-10. Conflict of Interest
Vendor affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the work contemplated by the agreement with the City. No person having any such interest shall be employed by or be associated with Vendor.

SECTION 6: Format of Response/Proposal
6-1. All material submitted must be clearly labeled.
6-2. Respondents interested in responding should submit a packet that includes a table of contents and has each page numbered individually that includes the following sections or subsections in the response including the following:
6-2.1 Title Page: Include RFP Name and Number; Due Date; and Name of Firm with address, telephone number FAX number and an email address of designated contact person. 6-2.2 Letter of Interest. Highlight the primary features of the Vendor’s proposal. Based on the requirements in Section 5, describe how your company proposes to supply the services requested in this RFP. The Letter of interest (LOI) shall not exceed twenty (20) letter sized pages. Type font should not be less than the 11-point used in this document.

Additional supporting materials relevant to this request may be provided in clearly marked appendices.
6-2.3 Company Description. A description of the company, including the organization’s experience and history of providing services as required in this RFP. 6-2.4 Experience. Provide a detailed description of related experience in performing the services requested.
6-2.5 References. Provide a list of at least three professional references including:
 Name of Agency/Organization
 Contact Person
 Address
 Telephone
 Fax
 Email
 Description of Services Provided
6-2.6 Contractor and Subcontractor Listing. If applicable, submit the names, addresses, phone numbers, and applicable licenses of all firms that will provide services in conjunction with the performance of this agreement.

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6-2.7 Additional Information. Respondents may provide additional information that is relevant to the proposal for consideration. Please do not include videos. 6-2.8 Sample Agreement. Carefully review the terms of the sample agreement in Attachment A and note in your proposal any terms or conditions to which you would like to propose modifications. Detail the proposed modification(s).
6-2.9 Non-Collusion Affidavit for Respondent. Complete and execute the attached NonCollusion Affidavit for Respondent Form set forth in Attachment B. 6-2.10 Certificate of Insurance. Submit a current Certificate of Insurance which includes the types and amounts of insurance coverage your company maintains.

SECTION 7: Selection Process
7-1 Police administrators of the photo red light program will evaluate responses based on a weighted 100 point system, as noted below. Appropriate City staff will be consulted, however; the recommendation to proceed with a selected Vendor will be made by the Chief of Police. The final agreement will be subject to the approval of the City Manager and City Council.
7-1.1 The evaluation of responses received will be based on the following criteria:

1. Project Understanding and Methodology (10 Points)
Describe your approach to providing the City with a “turn-key” photo red light enforcement program. Briefly discuss each of the major steps in the development and operation of this system.

2. Camera and Detection Equipment (25 Points)
Describe the camera and detection equipment that will be installed at a single approach, including the dimensions of the equipment, approximate placement distance from the intersection, and lighting (type and wattage) that will be necessary.

3. Violation Processing System and Services Provided (25 Points) Provide details of your firm’s ability to meet the technical set-up and operation of your system as it relates to the requirements of the System Specifications listed above.

4. Ability to Interface with the Court (20 Points)
Describe your approach to interfacing with the Superior Court of California, Los Angeles County, West Branch Traffic Division, and what batch data is transferred.

Your response should describe how notices to appear (violation citations) would be provided to the Court in an efficient manner.

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5. References and Ethical/Background Considerations (10 Points) Provide a list of up to five (5) clients with which you have completed similar projects within the past three (3) years and are using the system you are proposing for this project. Include a brief description of the project, the dates of the project, client contact names, current client telephone numbers and email addresses. The successful bidder will be required to consent to City conducting a company background check to determine whether the successful bidder is in good standing with respect to its finances, standing with the Franchise Tax Board as well as its business practices.

The successful vendor may be required at City’s discretion, to provide written details of any lawsuits filed against Vendor, fines imposed on your company and/or company employees in the last ten years.

6. Financial Considerations (10 Points)
Attach your company’s latest financial statement, if you are a public company, or banking references if you are a non-public firm.

Describe the fee schedule options offered by your firm and how the pricing would apply to the contract term. Also include information of any fee changes that would be anticipated with future extensions of this program.

For the convenience of the reviewing staff, please state items 1 through 6 in numerical order, followed by your response to each item. 7-2 The City reserves the right to accept or reject any and all bids and reserves its right to waive informalities and irregularities in the proposal process. The City also reserves the right to withdraw this Request for Proposal or decline to award a contract at is sole discretion. The City may reject proposals from Respondents who cannot prove to the satisfaction of the City that it possesses the experience and qualifications required by this RFP and/or provides the scope of services required herein.
7-3 The City reserves the right to require any or all respondent(s) to either make a presentation that illustrates their abilities to provide services and/or attend an interview session to gauge their suitability to provide services for this project. If so requested, the respondent(s) shall make their personnel available within ten (10) calendar days of request. No cost allowance shall be permitted for this requirement.
7-4 The City will be the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP. The City reserves the right to award the contract(s) in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion, including negotiating with one or more of the Respondent’s for the same services.
7-5 Any agreement entered into by the City and Respondent is on a non-exclusive basis.

CITY OF BEVERLY HILLS

PROPOSAL FOR PHOTO RED LIGHT ENFORCEMENT SERVICES
PD BID NO. 22-170-01
PAGE 19 OF 19
B0785-0001\2563549v2.doc
7-6 The City shall determine, at its discretion, the number of Respondents to be selected for all or any portion of the services described herein.

General/AP (1142491v8) 20
B0785-0001\2563549v2.doc

ATTACHMENT A

SAMPLE AGREEMENT

CITY OF BEVERLY HILLS

PROPOSAL FOR PHOTO RED LIGHT ENFORCEMENT SERVICES
PD BID NO. 22-170-01
B0785-0001\2563549v2.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

CONTRACTOR'S NAME FOR BRIEFLY DESCRIBE PURPOSE

OF CONTRACT
NAME OF CONTRACTOR: Insert name of contractor
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Insert name, title CONTRACTOR’S ADDRESS: Insert street address
Insert city, state, zip code
Attention: Insert name, title
CONTRACTOR’S E.I.N/TAX I.D. NO.: Insert contractor’s Tax I.D. No.

CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Dept. Head's Name, Title
COMMENCEMENT DATE: Insert date of commencement
TERMINATION DATE: Insert date of termination
CONSIDERATION: Not to exceed $ Insert consideration
amount

CITY OF BEVERLY HILLS

PROPOSAL FOR PHOTO RED LIGHT ENFORCEMENT SERVICES
PD BID NO. 22-170-01
B0785-0001\2563549v2.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

CONTRACTOR'S NAME FOR BRIEFLY DESCRIBE PURPOSE

OF CONTRACT
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and Insert contractor's name (hereinafter called “CONTRACTOR”).

RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.

B. CONTRACTOR represents that it is qualified and able to perform the Scope of Work.

NOW, THEREFORE, the parties agree as follows:

Section 1. CONTRACTOR’s Scope of Work. CONTRACTOR shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONTRACTOR must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.

Section 2. Time of Performance.

CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CONTRACTOR shall complete the performance of services by the Termination Date set forth above.

The City Manager or his designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.

Section 3. Compensation.
(a) Compensation
If compensation is based on an hourly rate or other rates CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B.

If compensation is based on a flat fee
CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B.

CITY OF BEVERLY HILLS

PROPOSAL FOR PHOTO RED LIGHT ENFORCEMENT SERVICES
PD BID NO. 22-170-01
B0785-0001\2563549v2.doc
(b) Expenses
If no reimbursable expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable). There shall be no claims for additional compensation for reimbursable expenses.

If CITY reimburses for certain expenses in addition to compensation CONTRACTOR shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by CONTRACTOR which are not expressly authorized by this Agreement will not be reimbursed by CITY. (c) Additional Services. CITY may from time to time require CONTRACTOR to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

Section 4. Method of Payment. CITY shall pay CONTRACTOR said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Independent Contractor. CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. 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 CITY.

Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONTRACTOR without the prior written approval of CITY. Any attempt by CONTRACTOR to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 7. Responsible Principal(s)
(a) CONTRACTOR’s Responsible Principal set forth above shall be principally responsible for CONTRACTOR’s obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 8. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.

Section 9. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

CITY OF BEVERLY HILLS

PROPOSAL FOR PHOTO RED LIGHT ENFORCEMENT SERVICES
PD BID NO. 22-170-01
B0785-0001\2563549v2.doc
Section 10. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR.

Section 11. Insurance.
(a) CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONTRACTOR in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) A policy or policies of Technical Errors and Omissions and Cyber Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, against any loss or damage resulting from data breaches and/or the wrongful or negligent acts by CONTRACTOR in performing the Scope of Work required by the Agreement. (5) A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONTRACTOR agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONTRACTOR shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONTRACTOR shall maintain on file with the City Clerk a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONTRACTOR shall, prior to commencement of work under this

CITY OF BEVERLY HILLS

PROPOSAL FOR PHOTO RED LIGHT ENFORCEMENT SERVICES
PD BID NO. 22-170-01
B0785-0001\2563549v2.doc
Agreement, file with the City Clerk such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONTRACTOR and its insurance carriers.

Section 12. Indemnification.
(a) CONTRACTOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR or any person employed by CONTRACTOR in the performance of this Agreement.
(b) All duties of CONTRACTOR shall survive termination or expiration of the Agreement.

Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.

Section 14. CITY’s Responsibility. CITY shall provide CONTRACTOR with all pertinent data, documents, and other requested information as is available for the proper performance of CONTRACTOR’s Scope of Work.

CITY OF BEVERLY HILLS

PROPOSAL FOR PHOTO RED LIGHT ENFORCEMENT SERVICES
PD BID NO. 22-170-01
B0785-0001\2563549v2.doc
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONTRACTOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 16. Records Retention and Examination. CONTRACTOR shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONTRACTOR shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.

CONTRACTOR shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONTRACTOR shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONTRACTOR must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

Section 17. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 18. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 19. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.

Section 20. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 21. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 22. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 23. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of

CITY OF BEVERLY HILLS

PROPOSAL FOR PHOTO RED LIGHT ENFORCEMENT SERVICES
PD BID NO. 22-170-01
B0785-0001\2563549v2.doc
the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

EXECUTED the day of 20___, at Beverly Hills,
California.

CITY OF BEVERLY HILLS
A Municipal Corporation
Insert Name of Dept Head / Dir. of Fin. / CM
Insert Title
CONTRACTOR:

Insert Contractor Name
Insert Title
Insert Contractor Name
Insert Title
APPROVED AS TO CONTENT:

Insert Dept Head Name
Title
Insert Risk Manager Name
Risk Manager
B0785-0001\2563549v2.doc

EXHIBIT A

SCOPE OF WORK
CONTRACTOR shall perform the following services: [Describe the services in detail. Include schedule for deliverables and/or services. If there is a need for a Project schedule, insert a Project schedule or insert “The City Manager or his designee may establish a project schedule in writing.”]
B0785-0001\2563549v2.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
(a) Rates/Compensation
(b) CONTRACTOR shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONTRACTOR said Consideration in accordance with the schedule of payment set forth in this Exhibit.

CITY OF BEVERLY HILLS

PROPOSAL FOR PHOTO RED LIGHT ENFORCEMENT SERVICES
PD BID NO. 22-170-01
B0785-0001\2563549v2.doc

EXHIBIT C

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

NAMED INSURED COMPANIES AFFORDING COVERAGE
A.

B.

ADDRESS C.

COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER

EXPIRATION
DATE
B.I. LIMITS
P.D.

AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED

OPERATIONS
BLANKET CONTRACTUAL
CONTRACTOR'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION

It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:

It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.

In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.

Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

DATE: BY:

Authorized Insurance Representative
TITLE:

AGENCY: ADDRESS:

RM02.DOC REVISED 10/14/96.

Attachment 3
Conduent Verra Mobility Novoa Global
Category 1 (10 Points) 10 Points 7 Points 7 Points
Describe your approach to providing the City with
a “turn-key” photo red light enforcement program.

Briefly discuss each of the major steps in the
development and operation of this system.

Current vendor for the
past 6 years (No
transition period).

It takes about 6-8
months to transition to a
new vendor (permit
phase and remove &
install new equipment).

During that time, there
would NOT be Photo
Red-Light (PRL)
enforcement.

It takes about 6-8
months to transition to a
new vendor (permit
phase and remove &
install new equipment).

During that time, there
would NOT be Photo
Red-Light (PRL)
enforcement.

Category 2 (25 Points) 22 Points 22 Points 25 Points
Describe the camera and detection equipment
that will be installed at a single approach,
including the dimensions of the equipment,
approximate placement distance from the
intersection, and lighting (type and wattage) that
will be necessary.

The vendor offers the
latest technology and
equipment to meet our
current PRL program.

The vendor offers the
latest technology and
equipment to meet our
current PRL program.

The vendor offers the
latest technology and
equipment to meet our
current PRL program.

This vendor also offers
a portable PRL
enforcement option.

Category 3 (25 Points) 25 Points 22 Points 22 Points
Provide details of your firm’s ability to meet the
technical set-up and operation of your system as
it relates to the requirements of the System
Specifications listed above.

The vendor meets the
technical set-up and
operation of our current
PRL program.

The vendor meets the
technical set-up and
operation of our current
PRL program. However,
It will take about 6-8
months to transition to
this new vendor
The vendor meets the
technical set-up and
operation of our current
PRL program. However,
It will take about 6-8
months to transition to
this new vendor
Category 4 (20 Points) 20 Points 20 Points 15 Points
Describe your approach to interfacing with the
Superior Court of California, Los Angeles County,
West Branch Traffic Division, and what batch
data is transferred. Your response should
describe how notices to appear (violation
citations) would be provided to the Court in an
efficient manner.

This vendor currently
operates in Los Angeles
County and its system
does interface with the
West Branch Traffic
Division
This vendor currently
operates in Los Angeles
County and its system
does interface with the
West Branch Traffic
Division
This vendor does not
currently operate in the
State of California and
its system will take
some time to interface
with the West Branch
Traffic Division
Category 5 (10 Points) 10 Points 7 Points 5 Points
Provide a list of up to five (5) clients with which
you have completed similar projects within the
past three (3) years and are using the system you
are proposing for this project. Include a brief
description of the project, the dates of the project,
client contact names, current client telephone
numbers and email addresses.

Conduent has been our
photo red-light (PRL)
enforcement vendor for
the past 6 years. We
are very satisfied with
their product and
support. Conduent
strives to improve their
product and customer
service each year. In
addition, Conduent
offered solutions to
various problems that
arose during our day-today operation.

Poor reviews from three
current Verra Mobility
clients:

1. Los Angles MTA

2. Culver City PD

3. Ventura PD
See attached for their
comments ***
Novoa Global is
relatively a new
company in photo redlight enforcement
(2011). In addition,
Novoa Global does not
have a local office in
Southern California nor
any law enforcement
clients anywhere in
California.

Category 6 (10 Points) 8 Points 10 Points 9 Points
Attach your company’s latest financial statement,
if you are a public company, or banking
references if you are a non-public firm.

Describe the fee schedule options offered by
your firm and how the pricing would apply to the
contract term. Also include information of any fee
changes that would be anticipated with future
extensions of this program.

Contract pricing for 5
Years
$ 4,176,768
Contract pricing for 5
Years
$ 4,104,000
Contract pricing for 5
Years
$ 4,128,000
Total Points 95 Points 88 Points 82 Points
***The panel contacted three current Southern California clients of Verra Mobility:

Los Angeles MTA (LASD):
 Switched vendors from Conduent to Verra Mobility two years ago  “The worst mistake ever”
 Verra Mobility was the lowest bidder
 Verra Mobility “made up their money at the back-end”
 Charged extra to install additional equipment/service  Poor images of violation
 Poor customer service
 Lost images and/or unusable images
 Would NOT recommend Verra Mobility
Culver City PD:
 Recently, 400 tickets were dismissed by court due to “technical error” by Verra Mobility  The service became worse after the merger this year
 Poor image quality
 Would NOT recommend Verra Mobility
Ventura PD:
 Poor image quality
 Poor customer service
 The service became worse after the merger
 Would NOT recommend Verra Mobility