AGENDA REPORT
City Council
MEETING
DATE:
September 16, 2026
PREPARED
BY:
Abe Bandegan, PE, TE
City Traffic Engineer
DEPARTMENT
DIRECTOR:
Dan Nutter, PE
DEPARTMENT: Engineering CITY
MANAGER:
Jennifer Campbell
SUBJECT:
Consider the Mobility and Traffic Safety Commission (MTSC) letter (Attachment 1) recommending that City Council review and consider a policy for the implementation of red light cameras, including staff analysis to identify the most suitable intersections in the City of Encinitas per Senate Bill 720
RECOMMENDED ACTIONS:
City Council to review, discuss, and provide direction to staff regarding a possible policy for redlight-camera detection per SB 720.
ENVIRONMENTAL CONSIDERATIONS:
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The action is also exempt from CEQA under Section 15378(b)(5) of the CEQA Guidelines because it involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
GENERAL PLAN/CITY COUNCIL FOCUS AREAS:
This item is Objective 3.1.3 “Consider red light camera use in the city” on the FY 2026-27 City Council Work Plan.
2026-09-16 Item #12B Page 1 of 287
FISCAL CONSIDERATIONS:
There is no direct fiscal impact associated with the recommended action.
BACKGROUND:
Previous Red Light Camera Program in Encinitas
The City previously operated a red-light photo enforcement program at two intersections: El Camino Real/Encinitas Boulevard and El Camino Real/Leucadia Boulevard-Olivenhain Road.
Three camera systems monitored the eastbound and southbound approaches at the first intersection and the westbound left-turn lanes at the second. Council reviewed the program through a series of reports addressing safety, operations, contract terms, costs, and alternatives.
On November 12, 2003, the City Council held a public hearing on establishing an automated redlight enforcement program following direction at its 2003 goal-setting session. Council directed staff to negotiate with vendors for a digital photo and video enforcement program and return with a proposed contract. (Attachment 2)
On December 17, 2003, staff recommended Redflex Traffic Systems based on its combined digital still-image and video technology. The proposed program allowed up to 20 monitored approaches at 10 intersections over five years, with installation subject to engineering evaluation of collision history, violations, and other measures. The City Council approved implementation subject to final contract approval in January 2004. (Attachment 3) On January 14, 2004, the City Council authorized the City Manager to execute the Redflex agreement, which was signed on February 9, 2004. The five-year agreement established a fixed fee of $5,370 per approach per month, subject to annual adjustment, and included provisions addressing financial risk and more favorable terms than what Redflex offered to other customers in San Diego County. (Attachment 4)
On October 20, 2004, the first monitoring report was presented to City Council that included operations at El Camino Real/Encinitas Boulevard, where warnings began May 10, 2004 and citations began June 9, 2004. Staff at the time were also evaluating additional intersections for possible expansion of the program. (Attachment 5)
On June 15, 2005, the annual report presented to the City Council reviewed data from June 9, 2004 through April 30, 2005. Enforcement at El Camino Real/Leucadia Boulevard-Olivenhain Road subsequently began November 12, 2005. (Attachment 6) On January 21, 2009, the City Council authorized two, one-year contract extensions. Due to potential legal challenges, staff recommended amending language that could be interpreted as a cost-neutrality provision following a court ruling concerning another city's enforcement contract.
At that time, the program monitored three approaches at two intersections and was reported to operate at no net cost to the City. (Attachment 7)
On May 12, 2010, staff reviewed collision history data from January 1, 2000, to February 28, 2010, comparing collisions before and after camera installation at both intersections. Citations, program costs, and revenue from June 9, 2004, to March 31, 2010 were also reviewed. Staff recommended negotiating a new Redflex contract and reported that citation receipts covered program costs. (Attachment 8)
On June 26, 2013, the City Council reconsidered the program as several other jurisdictions were ending automated enforcement. The report requested Council direction, noted the Traffic Commission's recommendation to continue the program, and identified a 60-day termination-for2026-09-16 Item #12B Page 2 of 287 convenience provision. City Council received the report at this meeting and no action was taken. (Attachment 9)
On August 22, 2018, the operational review reported that annualized total collisions declined from
8.7 to 4.8 at El Camino Real/Encinitas Boulevard and from 9.2 to 6.3 at El Camino Real/Leucadia Boulevard-Olivenhain Road. Red-light-related collisions declined from 2.0 to 0.32 and from 1.9 to
1.2 per year, respectively. Council directed staff to return with a comparison of collision trends at similar intersections. (Attachment 10)
On December 11, 2019, staff compared 2009-2018 collision records at the camera locations with El Camino Real/La Costa Avenue and El Camino Real/Palomar Airport Road. El Camino Real/Encinitas Boulevard had the lowest share of red-light-related collisions, while the Leucadia Boulevard-Olivenhain Road camera location showed patterns similar to La Costa Avenue without cameras. The City Council directed staff not to extend the program and to evaluate vendors, alternative intersection-control measures, and warnings before citations. (Attachment 11) On May 6, 2020, staff returned with the requested review of vendors, longer yellow intervals, additional enforcement, traffic calming, and the feasibility of issuing warnings. The report identified May 13, 2020 as the scheduled contract expiration date and sought direction on continuation or termination. It estimated total annual program costs of $208,824, including $122,400 for Redflex, and noted that warnings would require reprogramming and could reduce revenue enough to create a net City cost. The contract with Redflex was discontinued per Council direction. (Attachment 12)
This brief history provides context for Council's consideration of the different enforcement framework established by SB 720.
Senate Bill 720
Senate Bill 720 (SB 720), signed by the Governor in October 2025 and effective January 1, 2026, established a new statewide framework allowing a city or county to operate an automated traffic enforcement system for red-light violations under Vehicle Code Section 21455.9. (Attachment 13) The new program differs significantly from the City's former red-light camera program. Violations issued under Section 21455.9 are civil penalties rather than conventional traffic citations. The system generally photographs the rear license plate rather than the driver, and the notice is issued to the registered owner. Facial-recognition technology is prohibited, and a violation does not result in a driver's license point or suspension.
SB 720 establishes the following civil penalties:
• $100 when there has been no prior violation within the previous three years; • $200 when there has been one prior violation within three years; • $350 when there have been two prior violations within three years; and • $500 when there have been three or more prior violations within three years.
No additional processing fees may generally be added other than electronic payment processing fees. A first late fee is capped at $50 and subsequent late fees for the same violation are capped at $100. The law also requires an 80-percent reduction in applicable fines and penalties for indigent persons and a 50-percent reduction for qualifying persons with income up to the statutory threshold.
Before establishing a program under SB 720, a city or county would be required to prepare an Automated Traffic Enforcement System Impact Report addressing matters including the proposed system, fiscal impacts, civil rights and civil liberties considerations, proposed locations, and supporting traffic data. The report must be made available for public review before adoption at a 2026-09-16 Item #12B Page 3 of 287
public hearing. The City must also make a safety-related finding supporting installation at each selected location.
Before citations may be issued, the City must operate a 60-day warning period and make a public announcement at least 30 days before enforcement begins. SB 720 also contains requirements regarding signage, yellow-light intervals, equipment inspection and calibration, administrative review and appeals, data privacy, and retention of photographic and video records.
Program revenues must first be used to recover program costs. The statute restricts the use of excess revenues and directs them toward eligible traffic-calming improvements rather than allowing an automated enforcement program to operate primarily as a general revenue source.
Mobility and Traffic Safety Commission (MTSC) Recommendation Automated enforcement was included in the MTSC's Fiscal Year 2025-26 Work Plan (Attachment 14). Following passage of SB 720, the MTSC subcommittee assigned to Work Plan Item No. 5 recommended shifting its focus from consideration of automated speed enforcement under AB 645 to consideration of red-light automated enforcement under SB 720.
At its February 9, 2026 meeting, MTSC voted to recommend that the City Council review and consider a policy for implementation of red-light cameras, including staff analysis to identify the most suitable intersections (Attachment 15). The Commission subsequently voted on March 9, 2026 to transmit its recommendation to the City Council.
ANALYSIS:
The MTSC letter is presented to City Council for consideration and direction to staff.
ATTACHMENTS:
1. Letter from MTSC to City Council supporting SB720
2. City Council Agenda Report for November 12, 2003
3. City Council Agenda Report for December 17, 2003
4. City Council Agenda Report for January 14, 2004
5. City Council Agenda Report for October 20, 2004
6. City Council Agenda Report for June 15, 2005
7. City Council Agenda Report for January 21, 2009
8. City Council Agenda Report for May 12, 2010
9. City Council Agenda Report for June 26, 2013
10. City Council Agenda Report for August 22, 2018
11. City Council Agenda Report for December 11, 2019
12. City Council Agenda Report for May 6, 2020
13. Senate Bill 720
14. MTSC Fiscal Year 2025-26 Work Plan Summary
15. MTSC Meeting Minutes for February 9, 2026
2026-09-16 Item #12B Page 4 of 287
To: City of Encinitas Mayor and City Council
From: Mobility and Traffic Safety Commission
Motion to send a memo to City Council passed during March 9, 2026, Commission Meeting Motion Approved by: Chair Trauth & Commissioners Eldon, Hintlian, Medak, Ratcliffe & Templin
Absent: Vice Chair Duncan
Motion to recommend City Council review and consider a policy for the implementation of red-light cameras passed during February 9, 2026, Commission Meeting.
Motion Approved by: Chair Trauth & Commissioners Duncan, Johnson, Templin, Thile.
Nays: Commissioner Medak
Absent: Commissioner Gross
Subject: MTSC Work Plan #5 – AB 645/ SB 720
Subcommittee: Commissioners Duncan, Gross and Thile
With the passing of SB 720 in October 2025 and overwhelming community support to address safety issues, traffic violations and deaths in our city, the MTSC supports SB 720 legislation. At our February 9th MTSC meeting the commission voted in favor of recommending City Council review and consider a policy for the implementation of red-light cameras, including staff analysis, to identify the most suitable intersections.
Extensive community input was heard by public speakers as documented in our meeting minutes.
SB 720 creates an alternative approach for how cities can implement red light camera programs. The summarized points of the legislation are listed below:
• Liability Shift: The legislation shifts liability from drivers to vehicle owners, similar to parking violations.
The registered owner receives the ticket based on the license plate. • Reduced Fines: The legislation reduces the $500 criminal fine to a $100 civil penalty. Subsequent violations within three years increase to $200, $250, and $500 for additional violations. • No Required Driver Identification: The legislation proposes to photograph the rear license plate, while photographic evidence identifying the driver would be removed. • Revenue Use: Ticket revenue would help to subsidize local traffic safety improvements. • Yellow Light Standards: The legislation would prohibit reducing yellow light interval durations where red-light cameras are posted.
Background:
SB 720 legislation builds upon the AB 645 legislation passed in 2023, which was a pilot study that utilized automated speed enforcement to enhance safety and reduce speeding violations for San Francisco, Los Angeles, San Jose, Oakland, Glendale, and Long Beach. With the passage of SB 720 legislation, it is appropriate to utilize the most current automated speed enforcement guidance designed for all cities in California.
The main issues that opponents have had with the original red-light camera programs have been revised to focus on safety and reduce the number of vehicles running red-lights. Ultimately, red-light cameras will lead to reduced collisions and improved safety by changing the behavior of drivers. The MTSC sees this program as an effective response to many of the traffic safety issues Encinitas faces. 2026-09-16 Item #12B Page 5 of 287
CITY OF ENCINITAS
CITY COUNCIL
AGENDA REPORT
Meeting Date: November 12, 2003
FROM: ~-P -o , ' g' ering Services ~
l~>Rob Blough, Traffic Engineer
SUBJECT: A Public Hearing to Consider the Proposed Use of an Automated (Red Light Camera) Traffic Enforcement System per Califomia Vehicle Code Section 21455.6 (a)
BACKGROUND:
At their 2003 Goal Sett~g Session, City Council directed Staff to consider implementing an automated red-light camera traffic enforcement system. During the past several months, representatives from the Sheriff'sDepar~em, Engineering Department, City Manager's Office, City Attorney, City Council, and Traffic Commission reviewed materials and presentations from two well-known vendors that provide automated red light camera traf~c enforcement programs.
ANALYSIS:
The City ofEncinitas has seen increases in vehicular traffic on our streets due to development and congestion on the local freeways. Signalized intersection accidents have increased from 110 in 1993 to 179 in 2002. Dttfing the last four-year period (1999-2002), Encinitas has had 670 reported signalized intersection collisions. Of these, 205 (31%) were directly attributable to red light running and resulted in 108 injuries and 1 death. Table 1 shows the worst 11 intersection locations where the highest number of red light running accidents have occurred during the last four-year period. A complete ranking ofall signalized intersections during the last four-year period is shown in Attachment 1.
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2026-09-16 Item #12B Page 6 of 287
Table 1: Worst 11 Red Light Violation Accident Locations Accidents Related to Percent of Red Ught Violation
Red Li Itt Violations Accidents vs Total Accidents
Rank Intemections ' 19992000 200t 2002 TOT 1999 2000 2001 2002 TOT 1 Endnitas Blvd ~ Nestlake/Quail Gardens 4 0 I 8 13 80% 0% 20% 100% 59% 3 El Camino Real Old Target Ctr 5 3 2 2 t2 71% 60% 100% 67% 7t% 3 Encinitas Bird Vulcan Ave 4 0 6 2 t2 44% (~/ o 46% 20% 29% 4 El Camino Real Endnitas Blvd 3 2 2 2 9 21% 20% 40% 18% 23% 7 Endnitas Bird Via Cantebda 2 2 3 1 8 33% 40% 75% 25% 42% 7 Encinitas Blvd Calle Ma~lena 1 2 1 4 8 50% 50% 33% 57% 50% 7 .. eucadia Blvd I-5 N/ Piraeus B/St I 2 3 2 8 100% 40% 5~Yo 29% 42% 11 : El Camino Real ~ livenhain Rd 1 3 0 3 7 25% 27% 0% 25% 2t% 1 1 El Camino Real Mt Vista Dr 2 3 1 I ? 50% 60% 20% 25% 39% 11 ManchesterAve Vlira Costa College 0 0 4 3 7 0% ( TYo 67% 75% 58% 11 Leucadia Bird l'own Center PI 0 I 5 I 7 0% 100% 71% 33% 64% According to the U.S. Department of Transportation, Federal Highway ^dminist~afion (FHWA), the usc 0£ cameras for the en_ omemem f'0£ red light ~mm~ng violations at signalized intersections is becoming inercasingly widespread in thc United States. State and local agencies have found that the usc o£red light cameras can reduce md light ramming by motorsts and, mom importantly, reduce the number 0£ crashes attributable to red light rumfing. The reduction L~ the number 0£ erashcs is especial]) important, as crashes cansed by motorists rm~ gnh~red ]igJ]ts arc, on the average, more deadly and damaging than other ty~cs of crashes at signalized L~tersections.
According to the Insurance Institute for Highwa) Sa£et) ([[ HS) over 90 cities artd counties throughout ] 4 states have Lmplementcd md light photo e~omemcnt t'pro,'ams. accidents and the severt7 of the collisions have decreased where these pmsmms have Lmp]¢mented. For example, Ox~ d, a~Cali£0mJa had a 32% decrease L~ Front- Sideinto-crashes, the collision tTp¢ most close]) related to red light mzming. 37he HH$ also concluded that one-year the Lmplcmemation ofantomated red light ez~ orcement ~_ JFalffax, Vir~a, the number o£md light violations decreased by 40%.
There a~¢ two tTpes of teclmolog¥ available for photo erLf'omement pm~ams: wet fi~ and digital, The wet film ta~es the necessary pictures sim~la~ to that o£a 3Sram camera. The film must than be manual]) removed from the camera housLn_gand then be developed. Digital film, on the other hand, captures the necessaz7 sd]] photos and also records a ]2- co~s¢ddistal film ofthe violation. These magcs are immcdiatei) transmitted to the company for review a~d sent on to thc Department for £mal review and approval as to whether a violation occurred.
The installation of red light camera cqu~pmem at a sig- alized n_imersection idemificd as one with a problem with red light framing would bc done after the results o£a engineering study o£th¢ intersection determines that enginccrin~ improYements or other measles carmot be implemented or would not be e££¢ ccti¥in reducing thc incidence o£red light tutoring. Sites selected for the instal]al, ion o£md light camera systems would also be based on crash a~d red light rtmning violations data. ]£ other alternatives a~¢ not available or ca,not be dcp]o)¢in a timely or cost
2026-09-16 Item #12B Page 7 of 287
effective manner, the use of a red light camera system would be considered. Intersections throughout the City would be monitored to determine which locations have the most significant problem.
IMPACTS:
Fiscal Impacts
The fiscal impacts on the City are dependent upon the type of contract that is negotiated. There have generally been two contract options: fixed fee per citation issued or a monthly fee per intersection approach.
For the fixed fee per citation issued there are no out- pocket of-costs to the City. The City would assume no risk and the vendor would assume all risks as well as the cost for construction, implementation, and operation of the program. For the monthly fee per intersection approach the City would be responsible for paying a monthly fee. Revenues received from the tickets may offset this fee if enough violations occur per month.
Some time ago, the City of San Diego had problems with the fixed fee per citation issued because the vendor providing the photo enforcement service also determined if a violation occurred. This approach was determined to be inconsistent with state law. Law enforcement is the only entity with the authority to issue citations for traffic violations. Therefore, law enforcement staff reviews the data to determine if a violation occurred.
Governor Gray Davis recently signed Assembly Bill 1022, which prohibits payment based on number of citations. It becomes law on January 1, 2004. However, all contracts signed prior to this date still have the flexibility to determine which fee option is used.
StaffImpacts
Both the Sheriff's and Engineering Departments will have added responsibilities with the implementation ora photo enforcement program. The Sheriff's Department would need to assign staff the duty of reviewing the photos and digital video, authorizing the citations, and representing the Sheriff's Department at all court proceedings. It is possible that some or all of the time associated with these additional Sheriff's duties could be offset by reduced patrol time. In addition, the Traffic Engineering Division will be working directly with the vendor during the evaluation, installation, and monitoring phases of this program, which will negatively impact the current workload without additional resources.
RECOMMENDATION:
It is recommended that the City Council direct Engineering Staff, in conjunction with the City Manager and Sheriff's Department, to proceed with negotiations with vendors for the implementation of a digital photo and video technology Red Light Photo Enforcement Program and to report back to the City Council with a proposed contract.
Cc: Captain Anthony Nares, Encinitas Sheriff's Department Attachment 1 - Citywide Ranking of Red Light Violation Accidents AR0552T
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2026-09-16 Item #12B Page 8 of 287
Attachment 1: Citywide Ranking of Red Light Violation Accidents Accidents Related to Percent of Red Light Violation
Red Li ht Violations Accidents vs Total Accidents
Rank Intersections `1999 2000 200'1 2002 TOT `1999 2000 200`1 2002 TOT 1 Encinitas Blvd Westlake S*JOuail Gardens 4 0 I 8 13 80% 0% 20% 100% 59% 3 EICamino Real OIdTarget Ctr 5 3 2 2 ` 12 71% 60% 100% 67% 7`1% 3 Encinitas Blvd Vulcan Ave 4 0 6 2 ` 12 44% 0% 46% 20% 29% 4 El Camino Real Encinitas Blvd 3 2 2 2 9 21% 20% 40% 18% 23% 7 Encinitas Blvd Via Cantebria 2 2 3 I 8 33% 40% 75% 25% 42% 7 Encinitas Blvd Calle Magdelena 1 2 1 4 8 50% 50% 33% 57% 50% 7 Leucadia Blvd I-5N/ Pir~B/ eus St I 2 3 2 8 100% 40% 50% 29% 42% 11 El Camino Real Dlivenhain Rd I 3 0 3 7 25% 27% 0% 25% 2`1% 11 El Camino Real ~ lt Vista Dr 2 3 I 1 7 50% 60% 20% 25% 39% 11 Manchester Ave Vlira Costa College 0 0 4 3 7 0% 0% 67% 75% 08% 11 Leucadia Blvd I'own Center PI 0 I 5 1 7 0% 100% 71% 33% 64% 13 El Camino Real 3arden View Rd 0 1 2 3 6 0% 33% 67% 75% 55% 13 Encinitas Blvd = acific Shores 3 0 3 0 6 50% 0% 100% 0% 46% 17 Leucadia Blvd - 5 S/B 0 I I 3 5 0% 17% 33% 60% 36%
17 Encinitas B~vd Baiour Dr I I I 2 5 17% 25% 33% 50% 29% 17 El Camino Real Towne Center Dr I 2 0 2 5 17% 29% 0% 50% 24% 17 s Coast Hwy 101 D St 0 1 1 3 5 0% 13% 14% 60% 17%
27 Leucadia Blvd Vulcan Ave I 1 I 1 4 100%1 50% 33% 25% 40% 27 Encinitas BIvd Village Square Dr 0 3 1 0 4 0% 60% 100% 0% 44% 27 =r Camino Real Santa Fe Dr 3 I 0 0 4 50% 50% 0% 0% 50% 27 --ncinitas Blvd I-5 S/B 2 0 0 2 4 29% 0% 0% 67% 31%
27 Santa Fe Dr Nardo Rd/Mackinnon Av 1 0 2 1 4 50% 0% 40% 100% 50% 27 Santa Fe Dr I-5 N/ Regal B/Rd 0 2 0 2 4 0% 50% 0% 100% 40% 27 Leucadia Blvd Saxony Rd 0 1 0 3 4 0% 33% 0% 50% 36%
27 Leucadia Blvd Quail Gardens Dr 0 0 2 2 4 0% 0% 50% 100% 36% 27 Encinitas Blvd Sav-on Ctr I 1 2 0 4 50% 25% 100% 0% 44% 27 Leucadia Blvd Urania Ay/Clark Av 0 0 I 3 4 0% 0% 33% 75% 44% 31 Encinitas Blvd Village Park Way 2 1 0 0 3 67% 50% 0% 0% 60% 31 Encinitas Blvd Delphinium St 2 0 I 0 3 50% 0% 50% 0% 38% 31 Leucadia Blvd Garden View Rd 0 I 0 2 3 0% 33% 0% 67% 38% 31 El Camino Real Circuit City 1 2 0 0 3 100% 67% 0% 0% 75% 36 Encinitas Blvd S Coast Hwy 101 0 I 1 0 2 0% 33% 33% 0% ` 17% 36 s Coast Hw,j101 E St I 0 0 1 2 50% 0% 0% 25% 20%
36 Santa Fe Dr Bonita DrANindsor Rd 0 I 0 1 2 0% 25% 0% 33% 22% 36 Encinitas Blvd Saxony Rd 1 0 1 0 2 100% 0% 100% 0% 40% 36 Via Cantebria Garden View Rd 0 I 0 1 2 0% 25% 0% 50% 29% 49 Vulcan Ave D St 0 0 1 0 I 0% 0% 50% 0% 25%
49 El Camino Real Manchester Ave 0 0 I 0 ` 1 0% 0% 100% 0% 13% 49 Er Camino Real Via Molena 0 0 0 I I 0% 0% 0% 17% 5%
49 Encinitas Blvd - 5 NIB 0 0 I 0 1 0% 0% 100% 0% 13%
2026-09-16 Item #12B Page 9 of 287
Attachment 1: ___~ ~, .
Accidents Related to Percent of Red Light Violation
Red Li ht Violations Accidents vs Total Accidents
Rank Intersections ~1999 2000 200t 2002 TOT t999 2000 200t 2002 TOT 49 Leucadia Blvd N Coast Hwy 101 0 0 0 I t 0% 0% 0% 20% 5% 49 S Coast Hwy 101 Chesterfield Dr I 0 0 0 t 100% 0% 0% 0% 9% 4§ San Elijo Ave Chesterfield Dr 0 1 0 0 1 0% 25% 0% 0% 10% 49 Olivenhain Rd Amargosa Dr 0 I 0 0 t 0% 33% 0% 0% t7% 49 Encinitas Blvd Willowspring Dr 0 0 0 1 1 0% 0% 0% 100% 33% 49 Birmingham Dr MacKinnon Ave 0 0 I 0 1 0% 0% 33% 0% t4% 49 Leucadia Blvd Orpheus Av 0 I 0 0 t 0% 50% 0% 0% t4%
49 Leucadia Blvd Sidonia 0 I 0 0 t 0% 100% 0% 0% 50%
49 S Coast Hwy 101 Las Olas 0 0 I 0 t 0% 0% 0% 0% 50%
62 Santa Fe Dr Lake Dr 0 0 0 0 0 0% 0% 0% 0% 0%
62 el Camino Real Via Montoro 0 0 0 0 0 0% 0% 0% 0% 0%
62 Encinitas Blvd Manchester Ave/RSF 0 0 0 0 0 0% 0% 0% 0% 0% 62 Manchester Ave I-5 N/B 0 0 0 0 0 0% 0% 0% 0% 0%
62 N Coast Hwy 101 La Costa Ave 0 0 0 0 0 0% 0% 0% 0% 0% 62 Santa Fe Dr Scripps Hospital 0 0 0 0 0 0% 0% 0% 0% 0% 62 s Coast Hwy 101 Cardiff State Beach 0 0 0 0 0 0% 0% 0% 0% 0% 62 Birmingham Dr San Elijo Ave 0 0 0 0 0 0% 0% 0% 0% 0% 62 Birmingham Dr Carol View Dr 0 0 0 0 0 0% 0% 0% 0% 0% 62 Rancho Santa Fe Dr Avn La Posta 0 0 0 0 0 0% 0% 0% 0% - 0% 62 Via Cantebria Via Molena 0 0 0 0 0 0% 0% 0% 0% 0%
62 Via Cantebria Via Montoro 0 0 0 0 0 0% 0% 0% 0% 0%
62 S Coast Hwy 101 Ped Crossing 0 0 0 0 0 0% 0% 0% 0% 0% TOTALS 44 44 53 64 205 27% 25% 34% 36% 31%
2026-09-16 Item #12B Page 10 of 287
CITY OF ENCINITAS
CITY COUNCIL
AGENDA REPORT
Meeting Date: December 17, 2003
TO: City Council / ~ ~ ' t /
VIA: Kerry Miller, C~ ~ r~g~
x.~
FROM. [ t~ater Cota-Romes, Director ofEngineering Services Rob Blough, Traffic Engineer
SUBJECT: Consider approving contract for Automated ( Red Light Camera) Traffic Enforcement with Redflex Traffic Systems, Inc.
BACKGROUND:
At their 2003 Goal Setting Session, City Council directed staff to consider implementing an automated red-light camera traffic enforcement system. During the past several months, representatives fi.om the Sheriff's Department, Engineering Department, City Manager's Office, City Attorney, City Council, and Traffic Commission reviewed materials and presentations fi.om two well-known vendors that provide automated red light camera Iraffic enforcement programs.
At their November 12, 2003 Public Hearing, the City Council directed Staff to proceed with negotiations with vendors for the implementation of a digital photo and video technology Red Light Photo Enforcement Program.
ANALYSIS:
During the past several months, representatives from the Sheriff's Department, Engineering Department, City Manager's Office, City Attorney, City Council, and Traffic Commission have reviewed materials fi.om two well-known vendors who provide photo-controlled traffic signal programs. These companies and their represented technologies are as follows:
Affiliated Computer Systems (ACS) - Traditional "wet" film system that can be upgraded to digital.
Redflex Traffic Systems (RTS) - Combined digital video and digital still images.
During this evaluation, staff has reviewed the technologies available for photo enforcement programs: wet film, digital, and digital video. It is staffs opinion a digital/video loop system is the best system for the City ofEncinitas. RTS offers such a system. Advantages of this type of system are:
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2026-09-16 Item #12B Page 11 of 287
On-line dial up access of camera
12-second video loop
Real time intersection monitoring
No delay for film processing
Quality digital photos
Fully electronic, no mechanical cameras
On-line processing of violations
Also, of the various technologies available, the system developed and manufactured by RTS is the only red light photo enforcement system that uses a combined approach of both digital video and digital still images. Specifically, RTS is the only provider that includes a total offour 4) digital cameras in each camera unit. The camera configuration includes three (3) digital still cameras and one (1) digital video camera. Specifics are summarized in the following:
Technology only the RTS program provides:
4-camera configuration per housing
3 high resolution digital still cameras
1 high resolution digital video camera
Combination Still/Video System, which provides the strongest violation evidence set 4 high resolution encrypted digital still images per violation 12-seconds of full motion video per violation
Multiple camera configuration, which is synchronized to a single internal clock Ability to provide 24-hour a day, 7-day a week "live" video feeds for traffic and incident management
Ability to conduct remote camera adjustments
Ability to enforce multiple violations per phasing across lanes Ability to enforce 4-contiguous lanes of traffic with one system Ability to enforce four types of violation movements
Straight-through movements
Left-tm movements
Double left-mm movements
Right-mm movements
Ability to implement non-invasive vehicle detection
Ability to enforce at speeds of 100 MPH+, during nighttime and variable weather.
In addition to being the only red light photo enforcement program vendor that can supply the City of Encinitas with the above listed capabilities and hardware, RTS is also the longest established digital vendor in the United States, supports more operational digital md light photo enforcement systems in the United States than all other vendors combined, is the only fully vertically integrated vendor, which includes:
In-house camera manufacturing
In-house system design
In-house research and development
In-house software engineering
In-house citation processing
In-house support and maintenance
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2026-09-16 Item #12B Page 12 of 287
RTS is also a vendor that has no pending legal actions, has not had any programs shutdown, nor lost any incumbent programs.
Earlier this year, the City of Chicago, Illinois, initiated a formal Request for Proposal (RFP) process. This RFP was seeking the most advanced automated enforcement technologies in the red light photo enforcement industry. Chicago received eight (8) formal bids from vendors across the United States and abroad.
In addition to the RFP, site visit, references, and oral presentations, Chicago proposed a headto-head trial. The trial required the top ranked and most qualified vendors to install and operate their systems at a Chicago intersection for a 30-day trial period.
At the completion of the 30-day trial, each vendor was evaluated on approximately 30 different scales, of which only RTS received an overall comprehensive rating of "excellent.".
Subsequently, Chicago chose RTS to install a citywide red light photo enforcement system.
In summary, the use of digital video in combination with digital still images significantly increases a City's total citation yield rate, reduces the number of red light violations that are contested and dismissed, and ultimately provides the greatest compliance to the applicable California Vehicle Codes, resulting in the greatest collision reduction statistics. In addition, RTS is the only company that provides a full range of services that includes research and development, camera manufacture, system installation, system maintenance and repair, and citation processing. Because of the full range of services provided, there are no chain-ofcustody issues, and full system integrity and reliability is maintained.
Currently RTS is working with nearly two dozen Califomia cities, including Culver City, Santa Moniea, South Gate, Santa Ana, Ventura, Compton, Garden Grove, Bakersfield, San Juan Capistrano, El Cajon, San Jose, Hawthome, Emeryville, Inglewood, Fremont, Upland, E1 Monte, and Oxnard to name several. These cities are either currently using, or are currently implementing, red light camera systems manufactured and installed by RTS.
In addition, several cities in North San Diego County are currently negotiating or considering contracts with RTS for red light photo enforcement. Some of these include Del Mar, Solana Beach, Oceanside, Vista, and Escondido.
Video surveys are being conducted at the intersections of El Camino Real/Encinims Boulevard and E1 Camino Real/Olivenhaln Road-Leucadia Boulevard, to determine the number ofred light violations that are occurring during a 12-hour period. Both of these intersections handle 70,000 vehicles per day, which is the highest volume in the City. The results have not been completed and will be presented at the Council meeting. The contract with RTS is to provide for a maximum of 20 camera system approaches at up to l0 intersections in the city over a five-year period.
The installation of red light camera equipment at signalized intersections would be done after an engineering study of the intersection determines that engineering improvements or other measures cannot be implemented or would not be effective in reducing the incidence of red light running. The locations selected for red light camera systems would also be based on crash, volume, and red light running violations data. Intersections throughout the City will be monitored to determine which locations have the most significant problem.
AR0556T Ol'
2026-09-16 Item #12B Page 13 of 287
IMPACTS:
Fiscal Impacts
While there may be some initial cash outlay required on the initial implementation, a proposed contract has been structured to minimize the risk to the City and to insure that there will be no net cost for the automated red light camera enforcement program to the city over the five year term of the conlxact. The level of revenue will be dependent on the number of violations that occur.
Consequently, there will be minimal financial risk to the city and the revenue will be tied to the number ofcitations.
Staff Impacts
Should the maximum number (20) of systems be eventually installed, it is estimated that it would require up to 20 sheriff man-hours per week for reviewing the photos and digital video, authorizing the citations, office hours for violators to review their video, and representing the Sheriff's Depa,ttuent at all court proceedings. In addition, the Traffic Engineering Division will be working directly with the vendor during the evaluation, installation, and monitoring phases of this program, which will negatively impact other work program elements unless additional personnel and/or cnntmct resources are made available. Staff will present a detailed Traffic Division work program overview, with recommendations, in conjunction with the upcoming goal setting and budget reports.
RECOMMENDATION:
It is recommended that the City Council authorize implementation of a Red Light Photo Enforcement Program and take the following actions:
1. Approve implementation of a Citywide Red Light Photo Enforcement Program, and
2. Authorize the Director of Engineering Services to execute a contract with Redflex Traffic Systems, Inc. (RTS) for the design and implementation of the red light photo enforcement program.
cc: Captain Anthony Nares, Encinitas Sheriff'sDepartment AR0556T
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DRAFT
AG~EMENT BET~EN ~E CITY OF ENC~ITAS
AND ~DFLEX T~FFIC SYSTEMS, ~C. FOR
AUTOMATED ~DLIGHT PHOTO ENFORCEMENT CAME~S
is Agreement (~is "Agreement") is made as of ~is ~ day of ~, 2003 by ~d be~een ~e CiW of Enci~s, a m~cip~ co~oration, ~ offices at 505 S. Vulc~ Avenue, Enci~tas, C~ifomia, 92024 0he "CiW") md Redflex Traffic Systems, Inc., a Delaw~e
co~oration wi~ offices at 5813A Upl~ rd~Way, Culver CiW, California 90230 ("Redflex"),
CIT~S
E~AS, Redflex h~ exclusive ~owledge, possession ~d o~ership of certain eq~pment, licenses, applications, ~d citation processes related to digit~ red light photo enfomement c~eras;
E~AS, ~e City d~sires to engage the se~ices of Redflex to provide ce~n equipment, processe~' ~d back office se~ices so ~at sworn SherifFs officers' ~or employees of ~e sheri~s Dep~ment under con.act to the City ~e able to mo~tor, identi~ ~d enfome red light ~ngviolations;
E~AS, it is a mutu~ objectiw of both Redflex ~d ~e City to reduce ~e incidence of vehicle collisions at ~e ~affic intersections ~at ~11 be mo~tored p~ts~to te~s of ~is Agreement.
NOW T~FO~, in consideration of ~e mum~ coven~ts contorted herein, ~d for o~er v~uable consideration received, ~e receipt ~d s~ciency of which ~e hereby ac~oMedged, th~ p~ies a~ee as follows:
AG~EMENT
1. ~EFI~ IO[S. In ~s Agreement, ~e words ~d p~es below sh~l have follo~ng memings:
1.1. "Au~ofized Officer" me~s ~e Sheri~s Project M~ager or such o~er individu~(s) ~ ~ e City sh~l desi~ate to review Potenti~ Violations ~d to authorize ~e Issu~ce of Citations in respect ~ereto, md in my event, a sworn officer or employee of~e Shefi~sDep~nt ~der con~aet to ~e CiW.
1.2. "Au~orized Violation" me~s each Potential Violation in ~e Violation Data for which au~orization to issue a citation in ~e fo~ of m Elec~ co~Signa~e is giwn by ~ Authorized Officer by using ~ Redflex System.
1.3. "Ci~fion" meres ~ notice of a Violation, w~ch is m~led or delivered by Redflex m ~ e violator on ~ e appropriate E~orcement Docmen~tion in respect of each Au~ofized Violation.
1.4. "Co~denti~ I~ation'~me~s, ~ rester to ~y Person, my info~ation, ma~er or ~ing of a secret, eo~denti~ or private hat.e, whe~er or not so labeled, which is considered confidenti~ ~der loc~, state, or federal laws, or which is co~ected wi~ such Person's b4siness or me.ods of operation or conce~ng ~y
of such Person's
suppliers, lic~ors, licensees, CiW's or o~ers
wi~ whom such Person has a business relations~p, ~d w~ch h~ c~ent or 12/15103 6:40 PM
2026-09-16 Item #12B Page 15 of 287
potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to:
1.4. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business oppommities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or City's, or at which such Person sells or has sold its services; and
1.2. 4 Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes ofthis Agreement, the term "trade secrets" shall mean the broadest and most inclusive interpretation of trade secrets as defined by §3426.1 ( d)of the California Civil Code (the "Uniform Trade Secrets Act') and cases interpreting the scope of the Uniform Trade Secrets Act.
1.3. 4 Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iii) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be described.
1.5. "Designated Intersection Approaches" means the Intersection Approaches set forth on Exhibit A attached hereto, and any such additional Intersection Approaches as Redflex and the City may mutually agree from time to time.
1.6. "Electronic Signature" means the method through which the Authorized Officer indicates his or her approval of the issuance of a Citation in respect ora Potential Violation using the Redflex System.
1.7. "Enfomement Documentation" means the necessary and appropriate documentation related to the Redlight Photo Enforcement Program, including but not limited to warning letters, citation notices (using the specifications of the Judicial Council and the San Diego Sheriffs Department), a numbering sequence for use on all citation notices (in accordance with applicable court rules), instructions to accompany each issued Citation (including in such instructions a description of basic court procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations including with respect to coordinating with the Department of Motor Vehicles), and technical support documentation for applicable court and judicial officers.
1.8. "Equipment" means aTny and all cameras, sensors, equipment, componerits, products, software and other tangible and intangible property relating to the 2 12/15/ 03 6:40 PM
2026-09-16 Item #12B Page 16 of 287
Redflex System, including but not limited to all camera systems, housings and poles.
1.9. "Fine" means a monetary stun assessed for Citation, including but not limited to bail forfeitures, but excluding suspended fines.
1.10. " Governmental Authority" means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any of the foregoing.
1.11. " Installation Date" means the date on which Redflex completes the construction and installation of at least one (1) Intersection Approach in accordance with the terms of this Agreement so that such Intersection Approach is operational for the purposes of
1. functioning with the Redlight Photo
l/~12Enforcgtntmll~ operty" means, with respect to any Person, any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the world, including hut not limited to copyrights, moral rights and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing), of such Person.
1.13. " Intersection Approach" means a conduit of travel with up to four (4) contiguous lanes from the curb (e.g., northbound, southbound, eastbound or westbound) on which at least one (1) digital, rear shot multiple image color camera and at least one (1) digital face camera together with all other components of the Redflex System, including the SmartScenem System have been installed by Redflex and are operating for the purposes of facilitating Redlight Photo Enforcement by the City.
1.14. " Operational Period" means the period of time during the Term, commencing on the Installation Date, during which the Redlight Photo Enforcement Program is functional in order to permit the identification and prosecution of Violations at the Designated Intersection Approaches by the Authorized Officer and the issuance of Citations for such approved Violations sing 1.15t~tli~mteRsmltilExnit~ mnatural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association.
1.16. " Project Manager" means the official_appointed by the City in accordance with this Agreement, which shall initially be the City Engineer, or such person as the City shall designate by providing written notice thereof to Redflex from time to time. The Project Manager shall_be responsible for overseeing the installation of the Intersection Approaches and the implementation of the Redlight Photo E.nforeement Program, and which manager shall have the power and authority to make management decisions relating to the City's oblfgations pursuant to this Agreement, including but not limited to change order authorizations, subject to 3 12/15/ 03 6:40 PM
2026-09-16 Item #12B Page 17 of 287
any limitations set forth in the City's
charter or other organizational documents
ofthe City or by the City Council or other gnveming body ofthe City.
1.17. " Potential Violation" means, with respect to any motor vehicle passing through a Designated Intersection Approach, the data collected by the Redflex System with respect to such motor vehicle, which data shall be processed by the Redflex System for the purposes of allowing the Authorized Officer to review such data and determine whether a Violation has occurred.
1.18. " Proprietary Property" means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person'sbusiness, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, tiles, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, ' contracts, agreements, literature, correspondence, spread sheets, computer ,-:. programs and software, computer print outs, other written and graphic 'records ~:.. and the like, whether, originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices.
1.19. " Redflex Marks" means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to Redlight Photo Enforcement at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any ofthe foregoing.
1.20. " Redflex Project Manager" means the project manager appointed by Redflex in accordance with this Agreement, which project manager shall initially be _, or such person as Redflex shall designate by providing written notice thereof to the City from time to time, who shall be responsible for overseeing the construction and installation of the Designated Intersection Approaches and the implementation the Redlight Photo Enforcement Program, and who shall have the power and authority to make management decisions relating to Redflex's obligations pursuant to this Agreement, including but not limited to change-order authorizations.
1.21. " Redflex System" means, collectively, the SmartCamTM System, the SmartOpsxM System, the_SmartScenem System~ the Redlight Photo Enforcement Program, and all of the other equipment, applications, back office processes and digital red light traffic enfomement cameras, sensors, components, products, software and other tangible and intangible property relating thereto.
1.22. " Redlight Photo Enforcement Program" means the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and detectors ( whether loop, radar, video sensor or other) which, collectively, are capable of measuring Violations and recording such Violation data in the form of photographic images of motor vehicles and/or their drivers.
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1.23. " Redlight Violation Criteria" means the standards and criteria by which Potential Violations will be evaluated by the Authorized Officer, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities.
1.24. " SmartCamTM System" means the proprietary digital speed and redlight photo enforcement system of Redflex relating to the Redlight Photo Enforcement Program.
1.25. " SmartOpsTM System" means the proprietary back-office processes of Redflex relating to the Redlight Photo Enforcement Program.
1.26. " SmartScenem System" means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data.
1.27. " Traffic Signal Controller Boxes" means the signal controller interface and detector, including but not limited to the radar or video loop, as the case may be.
1.28. " Violation" means any traffic violation contrary to the terms of the Vehicle Code or any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate or registration.
1.29. " Violations Data" means the images and other Violations data gathered by the Redflex System at the Designated Intersection Approaches.
1.30. " Warning Period" means the period of thirty ( 30) days after the Installation Date.
2. TERM. The term of this Agreement shall commence as of the date hereof and shall continue for a period of five (5) years (the "Initial Term"). The City shall have the right, but not the obligation, to extend the term of this Agreement for up to two (2) additional consecutive one (1) year periods following the expiration of the Initial Term (each, a "Renewal Term" and collectively with the Initial Term, the "Term").
The City may exercise the right to extend this Agreement for a Renewal Term by providing written notice to Redflex not less than thirty (30) days prior to the last day of the Initial Term or the Renewal Term, as the case may be.
3. SERVICES. Redflex shall provide the Redlight Photo Enforcement Program to the City with respect to the Designated Intersection Approaches, in each case in accordance with the terms and provisions set forth in this Agreement.
3.1. INSTALLATION. With respect to the construction of the Designated Intersection Approaches and the installation of the Redflex System at such Designated Intersection Approaches, the City and Redflex shall have the respective rights and obligations set forth on Exhibit B attached hereto.
3.2. MAINTENANCE. With respect to the maintenance of the Redflex System at the Designated Intersection Approaches, the City and Redflex shall have the respective rights and obligations set forth on Exhibit C attached hereto. 5 12/15/ 03 6:40 PM
2026-09-16 Item #12B Page 19 of 287
3.3. VIOLATION PROCESSING. During the Operational Period, Violations shall be processed as follows:
3.1. 3All Violations Data shall be stored on the Redflex System;
3.2. 3 The Redflex System shall process Violations Data gathered from the Designated Intersection Approaches into a format capable of review by the Authorized Officer via the Redfiex System;
3.. 3 The Redflex System shall be accessible by the Authorized Officer and Project Manager through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser;
3.4. 3 Redflex shall provide the Authorized Officer and Project Manager with access to the Redflex System for the purposes of reviewing the preprocessed Violations Data within seven (7) days of the gathering of the Violation Data from the applicable Designated Intersection Approach; 3:5. 3 The City shall cause the Authorized Officer to review the Violations Data and to determine whether a citation shall be issued with respect to each Potential Violation captured within such Violation Data, and t~ansmit each such determination in the form of an Electrordc Signature to Redflex using the so~vare or other applicati°ns or procedures provided by Redflex on the Redflex System for such purpose, and REDFLEX HEREBY
ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A
CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE
DECISION OF THE AUTHORIZED OFFICER AND SHALL BE MADE
IN SUCH AUTHORIZED OFFICER'S SOLE DISCRETION ( A
CITATION DECISION"), AND IN NO EVENT SHALL REDFLEX
HAVE THE ABILITY OR. AUTHORIZATION TO MAKE A CITATION
DECISION;
3.6. 3 With respect to each Authorized Violation, Redflex shall print and mall a Citation within five (5) days after Redflex'sreceipt of such authorization; provided, however, during the Warning Period, warning violation notices shall be issued in respect of all Authorized Violations;
3.7. 3 The City shall track the collection of Fines assessed on each Citation and complete and accurate records shall be maintained by the City with respect to each such Citation;
3.8. 3 Redflex shall provide a toll-free telephone number for the purposes of answering citizen inquiries, responding to complaints and scheduling appointments during which recipients of Citations may view the applicable Violations Data, and Redflex shall provide necessary personnel for such purpose;
3.9. 3 Redflex shall permit the Authorized Officer and Project Manager to generate monthly reports using the Redflex Standard Report System.
3.3. 10 Upon Redflex'sreceipt of a written request from the City and in addition to the Standard Reports, Redflex shall provide, without cost to the City, reports regarding the pro'cessing and issuance of Citations, the maintenance and downtime records of the Designated Intersection Approaches and the functionality of the Redflex System with respect thereto to the City in such 6 12115/03 6:40 PM
2026-09-16 Item #12B Page 20 of 287
format and for such periods as the City may reasonably request; provided, however, Redflex shall not be obligated to provide in excess of six (6) such reports in any given twelve (12) month period without cost to the City;
3.3.11 Upon the City's receipt of a written request from Redflex, the City shall provide, without cost to Redflex, reports regarding the prosecution of Citations and the collection of fines, fees and other monies in respect thereof in such format and for such periods as Redflex may reasonably request; provided, however, the City shall not be obligated to provide in excess of six 6) such reports in any given twelve (12) month period without cost to Redflex;
3.3. 12 During the four (4) month period following the Installation Date and upon Redflex'sreceipt of a written request from the City at least fourteen (14) calendar days in advance of court proceeding, Redflex shall provide expert witnesses for use by the City in prosecuting Violations; provided, however, the City shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses; and
3. 13.During the four (4).month period following the Installation Date, Redflex shall provide such training to police personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the City with respect to the Redlight Enforcement Program.
3.4. PROSECUTION AND COLLECTION; COMPENSATION. The City shall diligently prosecute Citations and the collection of all Fines in respect thereof, and Redflex shall have the right to receive, and the City shall be obligated to pay, the compensation set forth on Exhibit D attached hereto.
3.5. OTHER RIGHTS AND OBLIGATIONS. During the Term, in addition to all of the other rights and obligations set forth in this Agreement, Redflex and the City shall have the respective rights and obligations set forth on Exhibit E attached hereto.
3.6. CHANGE ORDERS. The City may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Redflex, setting forth in reasonable detail the proposed changes (a Change Order Notice"). Upon Redflex'sreceipt of a Change Order Notice, Redflex shall deliver a written statement describing the effect, if any, the proposed changes would have on the pricing terms set forth in Exhibit D (the Change Order Proposal"), which Change Order Proposal shall include (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the City.
Following the City's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the prqposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other ma~ters relating to the proposed changes; provided, however, in the event that any proposed change involves only the addition of equipment or services to the existing Designated 7 12/15/ 03 6:40 PM
2026-09-16 Item #12B Page 21 of 287
Intersection Approaches, or the addition of Intersection Approaches to be covered by the terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with Section 10.
4. License; Reservation of Rights.
4.1 License. Subject to the terms and conditions of this Agreement, Redflex hereby grants the City, and the City hereby accepts from Redflex upon the terms and conditions herein specified, a non-exclusive, non-transferable license during the Term of this Agreement to: (a) solely within the City ofENCINITAS, access and use the Redflex System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any content posted on the Redflex System in connection therewith, (b) disclose to the public ( including outside of the City of ENCINITAS) that Redflex is providing services to the City in connection with Redlight Photo Enforcement Program pursuant to the terms of this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness or education, or other publications or materials relating to the Redlight Photo Enforcement Program, so long as any and all such publications or materials are approved in advance by Redflex.
4.2 RESERVATION OF RIGHTS. The City hereby acknowledges and agrees that:
a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the City neither has nor makes any claim to any right, title or interest in any ofthe foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of City pursuant to this Agreement, the City shall gain no additional right, title or interest therein.
4.3 RESTRICTED USE. The City hereby covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, (d) use any trademarks or other marks other than the Redflex Marks in connection with the City's use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or (e) disassemble, decompile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex System, including but not limited to any Equipment, or to any, Intellectual Property or Proprietary Property ofRedflex, or cause any other Person to do any of the foregoing.
4.4 PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate 8 12115/03 6:40 PM
2026-09-16 Item #12B Page 22 of 287
Governmental Authorities. The City shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any registrations or filings with respect to any of the Redflex Marks or the Intellectual Property ofRedflex without the prior written consent of Redflex.
4.5 INFRINGEMENT. The City shall use its reasonable best efforts to give Redflex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex's Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. In the event that Redflex commences any enforcement action under this Section 4.5, then the City shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the City for any reasonable costs incurred in providing such cooperation and assistance.
4.6 INFRINGING USE. The City shall give Redflex prompt written notice of any action or claim action or claim, whether threatened or pending, against the City alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the City shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex in the defense thereof; provided, that Redflex shall reimburse the City for any reasonable costs incurred in providing such cooperation and assistance. If such a claim is made and Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the City the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items.
5. Representations and Warranties.
5.1Redflex Representations and Warranties_.
5.1.1Authority. Redflex hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder.
5.1. 2Professional Services._ Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation ofthe Redflex System, subject to applicable law, in compliance with all specifications provided to Redflex by the City.
5.2 City Representations and Warranties.
5.2. 1 Authority: The City hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder.
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5.2. 2 Professional Services. The City hereby warrants and represents that any and all services provided by the City pursuant to this Agreement shall be performed in a professional and workmanlike manner.
5.3 LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS
AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR
ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CITY'S USE OF ANY OF THE FOREGOING. NOTWITHSTANDING
ANYTHING TO THE CONTRARY SET FORTH HEREIN, REDFLEX DOES
NOT WARRANT THAT ANY OF THE DESIGNATED INTERSECTION
APPROACHES OR THE REDFLEX SYSTEM WILL OPERATE IN THE WAY
THE CITY SELECTS FOR USE, OR THAT THE OPERATION OR USE
THEREOF WILL BE UNINTERRUPTED. THE CITY HEREBY
ACKNOWLEDGES THAT THE .REDFLEX SYSTEM MAY MALFUNCTION
FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS
AGREEMENT, REDFLEX SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER.
6. Termination.
6.1 Termination. Either party shall have the right to terminate this Agreement immediately by written notice to the other if (i) Redflex is unable to recover the costs it incurred in connection with the installation of the intersection monitoring equipment; or (ii) the other party commits any material breach of any of the provisions of this Agreement which breach is not remedied within ninety (90) calendar days (or within such other time period as the City and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non-breaching party setting forth in reasonable detail the events which caused the breach, or (iii) state statutes are amended to prohibit the operation ofred light photo enforcement systems, and (iv), The rights to terminate this
Agreement given in this Section 6.1 shall be without prejudice to any other right or remedy of either party in respect of the breach concemed (if any) or any other breach ofthis Agreement.
6.2 PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relieve either party of any liability that accrued prior to such 10 2026-09-16 Item #12B Page 24 of 287
termination. Except as set forth in Section 6.3, upon the termination of this Agreement, ail of the provisions of this Agreement shall terminate and:
6.12.Redflex shail (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation of Intersection Approaches and services in connection with the Redlight Photo Enforcement Program, (ii) promptly deliver to the City any and all Proprietary Property of the City provided to Redflex pursuant to this Agreement, (iii) promptly deliver to the City a final report to the City regarding the collection of data and the issuance of Citations in such format and for such periods as the City may reasonably request, and which final report Redflex shall update or supplement from time to time when and if additional data or information becomes available, (iv) promptly deliver to City a final invoice stating all fees and charges properly owed by City to Redflex for work performed and Citations issued by Redflex prior to the termination, and v) provide such assistance as the City may reasonably request from time to time in connection with prosecuting and enfoming Citations issued prior to the termination of this Agreement.
6.22. The City shail (i) immediately cease using the Redlight Photo Enfomement Program, accessing the Redflex System and using any other Intellectual Property of Redflex, (ii) promptly deliver to Redflex any and ail Proprietary Property of Redflex provided to the City pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by City to Redflex for work performed and Citations issued by Redflex prior to the termination.
6.32.Unless the City and Redflex have agreed to enter into a new agreement relating to the Redlight Photo Enforcement Program or have agreed to extend the Term of this Agreement, Redflex shall remove any and all Equipment or other materials of Redflex installed in connection with Redflex's performance of its obligations under this Agreement, including but not limited to housings, poles and camera systems, and Redflex shall restore the Designated Intersection Approaches to substantiaily the same condition such Designated Intersection Approaches were in immediately prior to this Agreement.
6.3 SURVIVAL. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement: ections 4.2 Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2 (City Representations and Warranties), 5.3 (Limited Warranty), 7 (Confidentiaiity), 8 Indemnification and Liability), 9 ( Notices), 10 ( Dispute Resolution), 11.1 Assignment), 11.17 ( Applicable Law), 11.16 ( Injunctive Relief; Specific Performance) and 11.18 (Jurisdiction and Venue), and those provisions, and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions ofthis Agreement.
7. CONFIDENTIALITY. During the term of this Agreement and for a period of three (3) years thereafter, neither.party shail disclose to any third person, or use for itself in any way for pecuniary gain, any Confidentiai Information learned from the other part~ during the course of the negotiations for this Agreement or during the Term of this Agreement unless otherwise required by law. Upon termination of this Agreement, each 11 12/ 03t5/ 6:40 PM
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party shall return to the other all tangible Confidential Information of such party. Each party shall retain in confidence and not disclose to any third party any Confidential Information without the other party's express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, representatives, attorneys and other professional advisors that need to know such Confidential Information, provided that such parties undertake in writing ( or are otherwise bound by roles of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Govemmentai Authority, including laws relating to public records.
8. Indemnification and Liability.
8.1 Indemnification by Redflex_. Subject to Section 8.3, Redflex hereby agrees to defend and indemnify the City and its elected officials, affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them individually a "City Party"and collectively, the "City Parties") against, and to protect, save and keep harmless the City Parties from, and to pay on behalf of or reimburse the City Parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements ( including reasonable attorneys', accountants' and expert witnesses' fees) of whatever kind and nature (collectively, Losses"), which may be imposed on or incurred by any City Party arising out of or related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Redflex contained in this Agreement, or (b) the willful misconduct of Redflex, its employees or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by neglect or the willful misconduct of any City Party.
8.2 Indemnification by City. Subject to Section 8.3, the City hereby agrees to defend and indemnify Redfiex and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any of them ( individually a "Redflex Party" and collectively, the "Redflex Parties") against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation ofthe City contained in this Agreement, (b) the negligent or willful misconduct of the City, its employees, contractors or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property ofthird parties), except to the extent caused by the negligent or willful misconduct of any Redflex Party, (c) any claim, action or demand not caused by Redflex'sfailure to perforn~ its obligations under this Agreement, or (d) any clfiim, action or demand challenging the City's use of the Redflex System or any portion thereof, the validity of the results of the City's
use of the Redflex System or any portion thereof, or the 12/15/ 03 6:40 PM
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validity of the Citations issued, prosecuted and collected as a result of the City's use ofthe Redflex System or any portion thereof.
8.3 Indemnification Procedures~. In the event any claim, action or demand ( a Claim") in respect of which any party hereto seeks indenmification from the other, the party seeking indemnification (the "Indemnified Party") shall give the party from whom indemnification is sought (the "Indemnifying Party") written notice of such Claim promptly after the Indemnified Party first becomes aware thereof; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim (subject to the approval of such counsel by the Indeinnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified Party shall have the right to participate in the defense at its sole expense; provided, however, the Indemnified Party shall have the fight to take over the control . of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party.
The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no party shall have the right to enter into any settlement agreement that materially affects the other party's
material rights or material interests
without such party's prior written consent, which consent will not be unreasonably withheld or delayed.
8.4 LIMITED LIABILITY. Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or any duty at common or civil law, for any indirect, incidental, special, lost profits or consequential damages, however caused and on any theory of liability arising out of or relating to this Agreement.
9. NOTICES. Any notices to be given hereunder shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed first class, certified mail, retum receipt requested, postage and registry fees prepaid, or (c) one Business Day after being delivered to a reputable overnight
courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, ifthe courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows:
9.1 Notices to Redflex:
Redflex TralT~c Systems, Inc.
15020 North 74th Street
Scottsdale, AZ 85260
Attention: Ms. Karen Finley
Facsimile: (480) 607-0752
With a copy to:
Alschuler Grossman Stein & Khan LLP
2049 Century Park East
39th Floor
Los Angeles, CA 90067
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Attn: Michael B. Miller, Esq.
Facsimile: (310) 552-6077
9.2 Notices to the City:
City ofEncinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
Attention: Kerry L. Miller, City Manager
Facsimile: (760) 633-2627
lO. DISPUTE RESOLUTION. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enfomement hereof (the Dispute"), the parties shall engage in informal, good faith discussions and. attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 10, and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation.
11. Miscellaneous:
11.1 Assignment. Neither party may assign all or any portion of this Agreement without the prior written consent of the other, provided, however, the City hereby acknowledges and agrees that the execution (as outlined in Exhibit F), delivery and performance of Redflex'srights pursuant to this Agreement shall require a significant investment by Redflex, and that in order to finance such investment, Redflex may be required to enter into certain agreements or arrangements ("Financing Transactions") with equipment lessors, banks, financial institutions or other similar persons or entities each, a "Financial Institution" and collectively, "Financial Institutions"). The City hereby agrees that Redflex shall have the right to assign, pledge, hypothecate or otherwise transfer ("Transfer") its rights, or any of them, under this Agreement to any Financial Institution in connection with any Financing Transaction between Redflex and any such Financial Institution, subject to the City's prior written approval, which approval shall not be unreasonably withheld or delayed. The City further acknowledges and agrees that in the event that Redflex provides written notice to the City that it intends to Transfer all or any of Redflex'srights pursuant to this Agreement, and in the event that the City falls to provide such approval or fails to object to such Transfer within forty-five 45) business days after its receipt of such notice from Redflex, for the purposes of this Agreement, the City shall be deemed to have consented to and approved such Transfer by Redflex. Notwithstanding the above, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns 2/15103 6:40 PM
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In the event the City determines otherwise, the
City may request Redflex shall cause an amendment to this Agreement so that City may receive the same price, terms, warranty benefit or condition requested.
11.3 RELATIONSHIP BETWEEN REDFLEX AND THE CITY. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties.
The relationship between the parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either party to incur any debts or liabilities or obligations on behalfof the other party (except as specifically provided herein).
11.4 AUDIT RIGHTS. Each of parties hereto shall have the right to audit the books and records of the other party hereto (the "Audited Party") solely for the purpose of verifying the payments,, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment ' of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25%) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non-Audited Party shall promptly refund to the Audited Party the amount of the excess.
11.5 FORCE MAJEURE. Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission by Redflex, and unusually severe weather. The party whose performance is affected agrees to notify the other promptiy of the existence and nature of any delay.
11.6 ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties, and there are no other agreements ( other than invoices and purchase orders), whether written or oral, which affect its terms. This Agreement may be amended only by a subsequent written agreement signed by both parties.
11.7 SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenfomeable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
11.8 WAIVER. Any w~iver by either party of a breach of any provision of thi~ Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof.
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11.9 CONSTRUCTION Except as expressly otherwise provided in this Agreement, this Agreement shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be construed more strictly against either party.
l.10HEAD1NGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to affect the meaning, interpretation or applicability ofthis Agreement or any term, condition or provision hereof.
11.11EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument.
Any one of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Agreement, and no party shall be required to produce an original or all of such counterparts in making such proof.
11.12COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent of this Agreement.
11.13REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy.
11.14 BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the parties hereto and their respective executors, administrators, successors and permitted assigns.
11.15 COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict between any term, condition or provision of thisAgreement and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent ofthe Parties as expressed in this Agreement.
11.16 NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a party to this Agreement.
11.17 INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The parties hereby agree and acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted Use) or 7 Confidentiality) of this Agreement would result in severe and irreparable injury to the other party, which injury could not be adequately compensated by an award of money damages, and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of any material term, condition or provision of this Agreement,' or to enjoin or prevent such a breach, including without limitation an action for specific performance hereof.
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11,18 APPLICABLE LAW. This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of California, United States.
11.19 JURISDICTION AND VENUE. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction and venue of the courts located in the County of San Diego, California and both parties specifically agree to be bound by the jurisdiction and venue thereof.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above.
City" " Redflex"
CITY OF ENCINITAS REDFLEX TRAFFIC SYSTEMS, INC.,
a Delaware corporation
By:
By:
Name:
Title:
APPROVED AS TO FORM
By:
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EXHIBIT "A"
Designated Intersection Approaches
The contract is for the implementation of up to 10 intersections with up to 20 approaches.
Identification of enforced intersection will be as directed by the City, as warranted by community safety and traffic needs, as well as Engineering intersection analysis.
The primary intersections under consideration for automated enforcement include, but are not limited to:
Encinitas Blvd. Westlake/Quail Gardens
El Camino Real Old Target Ctr
Encinitas Blvd. Vulcan Ave.
E1 Camino Real Encinitas Blvd.
Encinitas Blvd. Via Cantebria
Encinitas Blvd. Calle Magdalena
Leucadia Blvd. I-5 NB/Pireaus St.
1 E1 Camino Real Olivenhain Road
11 E1 Camino Real Mtn. Vista Dr.
11 Manchester Ave. Mira Costa College
11 Leucadia Blvd. Town Center Pl.
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EXHIBIT "B"
Construction and Installation Obligations
Timeframe for Installation
Redflex will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Redflex Traffic Systems and the Municipality.
Redflex will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement.
Redflex will use reasonable commercial efforts to install and activate the first specified intersection (with a minimum of 2 approaches) within the first sixty (60) days subsequent to the date ofthis contract. Redflex will conduct video monitoring, of intersections and/or approaches, analyze the number of violations, and provide the City with such data and analysis within 30 days of receiving a request for same from the City. Redflex will use reasonable efforts to install and activate all other intersections and/or approaches within 60 days of issuance of a Notice to Proceed by the City. The Municipality agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed.
1. Redflex Obligations. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex'ssole expense):
1.1. Appoint the Redflex Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Redflex Project Manager;
1.2. Request current " as-built" z!cr.:.: ec~engineering drawings for the Designated Intersection Approaches (the "Drawings") from the city traffic engineer;
1.3. Develop and submit to the City for approval construction and installation specifications in reasonable detail for the Designated Intersection Approaches, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; and
1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches (collectively, the "Approvals"), which will include compliance with City permit applications.
1.5. Finalize the acquisition ofthe Approvals;
1.6. Submit to the City a public awareness strategy for the City's consideration and approval, which strategy shall include media and educational materials for the City's approval or amendment (the "Awareness Strategy");
1.7. Develop the Redlight Violation Criteria in consultation with the City;
1.8. Develop the Enforcement Documentation for approval by the City, which approval sha. ll not be unreasonably withheld;
1.9. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersection Approaches ( under the supervision of the City);
2O
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1.10. Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations;
I. 11. Install and test the functionality of the Designated Intersection Approaches with the Redflex System and establish fully operational Violation processing capability with the Redflex System;
1.12. Implement the use of the Redflex System at each of the Designated Intersection Approaches;
1.13. Deliver the Materials to the City; and
lA4. Issue "warning letters" for Authorized Violations which occurred at each Designated Intersection Approach during the Warning Period; and
1.15. During the Warning Period, Redflex shall provide training (i) for up to fifteen (15) personnel of the City, including but not limited to the persons who City shall appoint as Authorized Officers and other persons involved in the administration of the Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the aggregate, (iii) regarding the operation of the Redflex System and the Redlight Photo Enforcement Program, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation;
1.16. Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, the establishment of a court hearing schedule for adjudicating upon Citations, and coordination between Redflex, the City and juvenile court personnel; and
1.17. Provide reasonable public relations resources and media materials to the City in the event that the City elects to conduct a public launch of the Redlight Photo Enforcement Program.
2. CITY OBLIGATIONS. the City shall do or cause to be done each of the following in each case, unless otherwise stated below, at City's sole expense):
2.1. 1 Appoint the Police Project Manager;
2.. 1 Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities;
2.3. 1 Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Redlight Photo Enforcement Program;
2.4. 1 Provide assistance to Redflex in obtaining access to the records data of the Department of Motor Vehicles in Redflex's capacity as an independent contractor to the City; and
2.5. 1 Assist Redflex in seeking the Approvals
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2.6. 1 Provide reasonable access to the City's properties and facilities in order to permit Redflex to install and test the functionality of the Designated Intersection Approaches and the Redlight Photo Enforcement Program;
2.7. 1 Provide reasonable access to the personnel of the City and reasonable information about the specific operational requirements of such personnel for the purposes ofperforming training;
2.8. 1 Provide the services of necessary personnel during the Warning Period;
2.9. 1 Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and program materials (the "Materials") that the City will require in order to implement the Awareness Strategy during the period commencing on the date on which Redflex begins the installation of any of the Designated Intersection Approaches and ending one (1) month after the Installation Date;
2. 10. 1Assist Redflex in developing the Redlight Violation Criteria; and
2. 11.Seek approval of the Enforcement Documentation.
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EXHIBIT " C"
Maintenance
1. All repair and maintenance of camera systems and ail related equipment will be the sole responsibility of Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and ail other Equipment in reasonably clean and graffiti-free condition.
2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of
city Traffic Engineering present.
3. The provision of ail necessary electrical and telephone services to the Designated Intersection Approaches will be the sole responsibility ofthe City. 4 The Redflex Project Manager ( or a reasonable alternate) shall be available to the Project Manager each day, on a reasonable best efforts basis. 23 12/15/ 03 6:40 PM
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EXHIBIT " D"
COMPENSATION & PRICING
Compensation shall be in the form of a Fixed Fee of $5,370 per month per active system approach) beginning at the conclusion of the 30 day Warning Period and continuing until contract expiration or termination, in accordance with the provisions as set forth herein. Redflex shall invoice the City monthly. The monthly fee shall be reduced on a prorated basis for any hours or days when any system is not fully operational. 24 12/15/ 03 6;40 PM
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BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS:
I. Redflex construction will be able to utilize existing conduit for installation where space is available. Where it is determined by both parties that additional conduit is necessary, cost and access for use of such additional conduit shall be equally shared by Redflex and the City. Any such additional conduit shall become the exclusive property of the City upon termination of this Agreement.
2. The City agrees to pay RTS within thirty (30) days after the invoice is received. A monthly late fee of 1.5% is payable for payments past due 60 days.
3. Prices do not include supply of power and supply of DSL, cable or other broadband services. The City shall be solely responsible for power and communication infrastructure.
4. Each year the pricing will increase by the CPI. CPI will be derived from the publication of the U.S. Department of Labor Consumer Price Index for U.S. City average. The index to be used is the 'West A". (1, 000500,residents or more) 25 12/15/ 03 6:40 PM
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Exhibit "E"
Additional Rights and Obligations
1. Redflex and the City shall respectively have the additional rights and obligations set forth below:
2. Redflex shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public lannch of the Redlight Photo Enforcement Program (actually print and production costs are the sole responsibility ofthe City).
3. The City shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority ("Signage"), including but not limited to the Vehicle Code, and shall assist in determining the placement of such Signage, and the City hereby acknowledges and agrees that the City shall be solely responsible for installing such Signage.
4. The City shall be solely responsible for the installation of LED lights at enforced intersections.
5. The Redflex Project Manager, the Authorized Officer, and the Project Manager shall meet on a weekly basis during the period commencing as of the date of execution hereof and ending on the Installation Date, and on a monthly basis for the remainder of the Term, at such times and places as the Redflex Manager and the City Manager shall mutually agree in the City ofEncinitas.
6. The City shall not access the Redflex System or use the Redlight Photo Enforcement Program in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Redflex System or the Redflex Photo Enforcement Program with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or which could damage, disable, impair or overburden the Redflex System or the Redflex Photo Enforcement Program, and the City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Redflex System, or (iii) any materials or information not intentionally made available by Redflex to the City by means of hacking, password mining or any other method whatsoever, nor shall the City cause any other Person to do any ofthe foregoing.
7. The City shall maintain the confidentiality of any usemame, password or other process or device for accessing the Redflex System or using the Redlight Photo Enforcement Program.
8. Each of Redflex and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Redflex and the City shall obey any and all such rules and regulations.
9. The City shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the City, or any of its employees, contractors or agents. 26 12/15/ 03 6:40 PM
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Insurance
1. During the Term, Redflex shall procure and maintain and Redflex's sole cost and expense the following insurance coverage with respect to claims for injuries to persons or damages to property which may arise from or in connection with the performance of work or services pursuant to this Agreement by Redflex, and each of Redflex'ssubcontractors, agents, representatives and employees:
2. Commercial. General Liability Insurance. Commercial General Liability Insurance with coverage of not less than One Million Dollars ($1, 000) 000, combined single limit per occurrence for bodily injury and property damage;
3. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance with coverage of not less than One Million Dollars ($1, 000) 00, combined single limit per occurrence for bodily injury or property damage, including but not limited to coverage for all automobiles owned by Redflex, hired by Redflex, and owned by third parties;
4. Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial best efforts tO procure and maintain Professional Liability (Errors and Omissions) Insurance with coverage of not less than One Million Dollars 1, 000) 000,per occurrence and in the aggregate.
5. Workers' Compensation and Employer's Liability Insurance. Workers' Compensation Insurance with coverage of not less than the limits required by the Labor Code of the State of California, Employer's Liability Insurance with coverage of not less than One Million Dollars ($1, 000) 00,per occurrence.
6. With respect to the insurance described in the foregoing Section 8.1of this Exhibit E, any deductibles or self-insured retentions must be declared to and approved by the City, and any changes to such deductibles or self-insured retentions during the Term must be approved in advance in writing by the City.
7. With respect to the Commercial General Liability Insurance described in Sections X and X of this Exhibit E, the following additional provisions shall apply:
8. The City Parties shall be covered as additional insureds with respect to any liability arising from any act or omission of any Redflex Parties on the premises upon which any such Redflex Parties may perform services pursuant to this Agreement, and such coverage shall contain no special limitations on the scope of protection afforded to such additional insureds.
9. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the City Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the City Parties shall be in excess, and not in contribution to, such insurance.
10. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the City Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies.
11. With respect to the insurance described in the foregoing Section 8.1 of this Exhibit E, each such insurance policy shall be endorsed to state that the coverage provided thereby shall not be cancelled except after thirty (30) calendar days' 27 12/15/ 03 6:40 PM
2026-09-16 Item #12B Page 41 of 287
prior written notice to the City. If any of the Redflex Parties are notified by any insurer that any insurance coverage will be cancelled, Redflex shall immediately provide written notice thereof to the City and shall take all necessary actions to correct such cancellation in coverage limits, and shall provide written notice to the City ofthe date and nature of such correction. IfRedflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the City shall have the right, but not the obligation and exercisable in its sole discretion, to either ( i) terminate this Agreement and seek damages fxom Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the City for such insurance. If the premium costs advanced by the City for such insurance exceed any amounts due to Redflex pursuant to this Agreement, Redflex shall promptly remit such excess amount to the City upon receipt ofwritten notice thereof.
12. Redflex shall provide certificates of insurance evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the City prior to Redflex commencing any work pursuant to the terms ofthis Agreement.
2026-09-16 Item #12B Page 42 of 287
Exhibit F
FORM OF ACKNOWLEDGMENT AND CONSENT
THIS ACKNOWLEDGMENT AND CONSENT is entered into by and
between the City of ( the "City") and Redflex
Traffic Systems, Inc. ("Redflex"), dated , , related to that certain Agreement dated ., , by and between the City and
Redflex (the "Agreement") which hereby acknowledges, consents and agrees to the following (the "Consent"):
1. Redflex has financed certain operations and equipment related to its business, including but not limited to camera systems, housing and poles (the "Equipment") through certain lenders (the "Lenders"). Redflex has granted to Lenders a security interest in the Equipment, related property including sol~vare and proceeds thereto as collateral for the performance when due of its obligations to Lenders.
RedfleX desires to assign all of its rights, but none of its liabilities or obligations under the Agreement ( the "Assignment") to [Insert Name], as collateral agent for the Lenders ( the "Collateral Agent"). Redflex will not, by virtue of the Assignment, be relieved of any liability or obligation under the Agreement or otherwise, and neither Collateral Agent nor Lenders are assuming any liabilities or obligations under the Agreement.=-- City hereby acknowledges notice of the Assignment and hereby consents thereto and to assignment to any similar subsequent financing party of Redflex, and further acknowledges that Collateral Agent or Lenders, and their respective successors and assigns, and any other subsequent future lender, may assign the rights received from Redflex.
2. Redflex hereby authorizes City upon Collateral Agent's written request to make
any payments due to Redflex under the Agreement directly to Collateral Agent, c/o [Insert Address], or to whomever Collateral Agent may from time to time direct in writing.
3. City acknowledges that the attached Exhibit A is a true, correct and complete copy of the Agreement.
4. City agrees that City shall not assert against Collateral Agent and Lenders any right or claim of set off, recoupment, counterclaim or other defense in respect of amounts or obligations owed by Collateral Agent and Lenders to City against amounts or obligations that City owes to Collateral Agent and Lenders under the Agreement.
5. In accordance with Section 20 (f) of the Agreement, this Consent shall be deemed to be notice to City. In the event that City falls to provide such approval or object to this Consent within a reasonable time which shall include at least three weeks prior to the next City Council meeting; including this City Council meeting; and three days following the meeting after its receipt of such notice from Redflex, for 29 12/15/ 03 6:40 PM
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51~ _. ..... ~ ..... ~
Item #12B Page 43 of 287
the purposes of this Agreement, the City shall be deemed to have consented to and approved this Consent.
1N WITNESS THEREOF, each of the undersigned have caused this Acknowledgment and Consent to be executed by their duly elected officers duly authorized as ofthe date first above written.
CITY OF ENCINITAS REDFLEX TRAFFIC SYSTEMS INC.
By: By:
Print Name: Print Name:
Title: Title:
Date: Date:
Address: Address:
30 12/15/ 03 6:40 PM
2026-09-16 Item #12B Page 44 of 287
DRAFT
AGREEMENT BETWEEN THE CITY OF ENCINITAS /,:, g // "I/g9 ~
AND REDFLEX TRAFFIC SYSTEMS,
AUTOMATED RED LIGHT PHOTO ENFORCEMENT
INC. FOR ~:)
CAMERAS t=
This Agreement (this "Agreement") is made as of this __ day of , 2003 by and between the City of Encinitas, a municipal corporation, with offices at 505 S. Vulcan Avenue, Encinitas, California, 92024 (the "City") and Redflex Traffic Systems, Inc., a Delaware corporation with offices at 5813A Uplander Way, Culver City, California 90230 ("Redflex"),
RECITALS
WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to digital red light photo enforcement cameras;
WHEREAS, the City desires to engage the services of Redflex to provide certain equipment, processes and back office services so that sworn Sheriff's officers and/or employees of the Sheriff's Department under contract to the City are able to monitor, ' identify and enforce red light rurming violations;
WHEREAS, it is a mutual objective of both Redflex and the City to reduce the incidence of vehicle collisions at the traffic intersections that will be monitored pursuant to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
1. DEFINITIONS. In this Agreement, the words and phrases below shall have the following meanings:
1.1. "Authorized Officer" means the Sheriff's Project Manager or such other individual(s) as the City shall designate to review Potential Violations and to authorize the Issuance of Citations in respect thereto, and in any event, a sworn officer or employee of the Sheriff'sDepartment under contract to the City.
1.2. "Authorized Violation" means each Potential Violation in the Violation Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized Officer by using the Redflex System.
1.3. "Citation" means the notice of a Violation, which is mailed or otherwise delivered by Redflex to the violator on the appropriate Enforcement Documentation in respect of each Authorized Violation.
1.4. "Confidential Information" means, with reSpect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is considered confidential under local, state, or federal laws, or which is connected with such Person's business or methods of operation or concerning any of such Person's suppliers, licensors, licensees, City's or others with whom such Person has a business relationship, and which has current or 1 12/16/ 03 11:30 a.m.
2026-09-16 Item #12B Page 45 of 287
potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to:
1.. 4 Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or City's, or at which such Person sells or has sold its services; and
1.4. 2 Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term "trade secrets" shall mean the broadest and most inclusive interpretation of trade secrets as defined by §3426. l(d) of the Califomia Civil Code (the "Uniform Trade Secrets Act') and cases interpreting the scope of the Uniform Trade Secrets Act.
1.4. 3 Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iii) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be described.
1.5. "Designated Intersection Approaches" means the Intersection Approaches set forth on Exhibit A attached hereto, and any such additional Intersection Approaches as the City may designate from time to time.
1.6. "Electronic Signature" means the method through which the Authorized Officer indicates his or her approval of the issuance of a Citation in respect of a Potential Violation using the Redflex System.
1.7. "Enforcement Documentation" means the necessary and appropriate documentation related to the Redlight Photo Enforcement Program, including but not limited to warning letters, citation notices (using the specifications of the Judicial Council and the San Diego Sheriffs Department), a numbering sequence for use on all citation notices (in accordance with applicable court rules), instructions to accompany each issued Citation (including in such instructions a description of basic court procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations including with respect to coordinating with the Department of Motor Vehicles), and technical support documentation for applicable court and judicial officers.
1.8. "Equipment" means any and all cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the 2 12/16/ 03 11:30 a.m.
2026-09-16 Item #12B Page 46 of 287
Redflex System, including but not limited to all camera systems, housings and poles.
1.9. "Fine" means a monetary sum assessed for Citation, including but not limited to bail forfeitures, but excluding suspended fines.
1.10. " Governmental Authority" means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any of the foregoing.
1.11. " Installation Date" means the date on which Redflex completes the construction and installation of at least two (2) Intersection Approaches in accordance with the terms of this Agreement so that such Intersection Approach is operational for the purposes of functioning with the Redlight Photo Enforcement Program.
1.12. " Intellectual Property" means, with respect to any Person, any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing), of such Person.
1.13. " Intersection Approach" means a conduit of travel with up to four (4) contiguous lanes from the curb (e.g., northbound, southbound, eastbound or westbound) on which at least one (1) digital, rear shot multiple image color camera and at least one (1) digital face camera, together with all other components of the Redflex System, including the SmartSceneTM System have been installed by Redflex and are operating for the purposes of facilitating Redlight Photo Enforcement by the City.
1.14. " Operational Period" means the period of time during the Term, commencing on the Installation Date, during which the Redlight Photo Enforcement Program is functional in order to permit the identification and prosecution of Violations at the Designated Intersection Approaches by the Authorized Officer and the issuance of Citations for such approved Violations using the Redflex System.
1.15. " Person" means a natural individual, company, Governmental Authority, parmership, firm, corporation, legal entity or other business association.
1.16. " Project Manager" means the official_appointed by the City in accordance with this Agreement, which shall initially be the City Engineer, or such person as the City shall designate by providing written notice thereof to Redflex from time to time. The Project Manager shall be responsible for overseeing the installation of the Intersection Approaches and the implementation of the Redlight Photo Enforcement Program, and which manager shall have the power and authority to make management decisions relating to the City's obligations pursuant to this 3 12116/03 11:30 a.m.
2026-09-16 Item #12B Page 47 of 287
Agreement, including but not limited to change order authorizations, subject to any limitations set forth in the City's charter or other organizational documents of the City or by the City Council or other governing body of the City.
1.17. " Potential Violation" means, with respect to any motor vehicle passing through a Designated Intersection Approach, the data collected by the Redflex System with respect to such motor vehicle, which data shall be processed by the Redflex System for the purposes of allowing the Authorized Officer to review such data and determine whether a Violation has occurred.
1.18. " Proprietary Property" means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person's business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices.
1.19. " Redflex Marks" means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to Redlight Photo Enforcement at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing.
1.20. " Redflex Project Manager" means the project manager appointed by Redflex in accordance with this Agreement, which project manager shall initially be , or such person as Redflex shall designate by providing written notice thereof to the City from time to time, who shall be responsible for overseeing the construction and installation of the Designated Intersection Approaches and the implementation the Redlight Photo Enforcement Program, and who shall have the power and authority to make management decisions relating to Redflex's obligations pursuant to this Agreement, including but not limited to change-order authorizations.
1.21. " Redflex System" means, collectively, the SmartCamTM System, the SmartOpsTM System, the SmartSceneTM System, the Redlight Photo Enforcement Program, and all of the other equipment, flash units, applications, back office processes and digital red light traffic enforcement cameras, sensors, components, products, software and other tangible and intangible property relating thereto.
1.22. " Redlight Photo Enforcement Program" means the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and detectors ( whether loop, radar, video sensor or other) which, collectively, are capable of measuring Violations and recording such Violation data in the form of photographic images of motor vehicles and/or their drivers. 4 12/16/ 03 11:30 a.m.
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1.23. " Redlight Violation Criteria" means the standards and criteria by which Potential Violations will be evaluated by the Authorized Officer, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities.
1.24. " SmartCamTM System" means the proprietary digital speed and redlight photo enforcement system of Redflex relating to the Redlight Photo Enfomement Program.
1.25. " SmartOpsTM System" means the proprietary back-office processes of Redflex relating to the Redlight Photo Enforcement Program.
1.26. " SmartSceneTM System" means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data.
1.27. " Traffic Signal Controller Boxes" means the signal controller interface and . detector, including but not limited to the radar or video loop, as the case may be.
1.28. " Violation" means any traffic violation contrary to the terms of the Vehicle Code or any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate or registration.
1.29. " Violations Data" means the images and other Violations data gathered by the Redflex System at the Designated Intersection Approaches.
1.30. " Warning Period" means the period of thirty (30) days after the Installation Date.
2. TERM. The term of this Agreement shall commence as of the date hereof and shall continue for a period of five (5) years ( the "Initial Term"). The City shall have the right, but not the obligation, to extend the term of this Agreement for up to two (2) additional consecutive one (1) year periods following the expiration of the Initial Term (each, a "Renewal Term" and collectively with the Initial Term, the "Term").
The City may exercise the right to extend this Agreement for a Renewal Term by providing written notice to Redflex not less than thirty (30) days prior to the last day of the Initial Term or the Renewal Term, as the case may be.
3. SERVICES. Redflex shall provide the Redlight Photo Enforcement Program to the City with respect to the Designated Intersection Approaches, in each case in accordance with the terms and provisions set forth in this Agreement.
3.1. iNSTALLATION. With respect to the construction of the Designated Intersection Approaches and the installation of the Redflex System at such Designated Intersection Approaches, the City and Redflex shall have the respective rights and obligations set forth on Exhibit B attached hereto.
3.2. MAINTENANCE. With respect to the maintenance of the Redflex System at the Designated Intersection Approaches, the City and Redflex shall have the respective rights and obligations set forth on Exhibit C attached hereto.
3.3. VIOLATION PROCESSiNG. During the Operational Period, Violations shall be processed as follows:
3.1. 3 All Violations Data shall be stored on the Redflex System; 5 2026-09-16 Item #12B Page 49 of 287
3.2. 3 The Redflex System shall process Violations Data gathered from the Designated Intersection Approaches into a format capable of review by the Authorized Officer via the Redflex System;
3.. 3 The Redflex System shall be accessible by the Authorized Officer and Project Manager through a virtual private network in encrypted format by use of a conftdential password on any computer equipped with a high-speed internet connection and a web browser;
3.4. 3 Redflex shall provide the Authorized Officer and Project Manager with access to the Redflex System for the purposes of reviewing the preprocessed Violations Data within seven (7) days of the gathering of the Violation Data from the applicable Designated Intersection Approach;
3.5. 3 The City shall cause the Authorized Officer to review the Violations Data and to determine whether a citation shall be issued with respect to each Potential Violation captured within such Violation Data, and transmit each such determination in the form of an Electronic Signature to Redflex using. the software or other applications or procedures provided by Redflex on the Redflex System for such purpose, and REDFLEX HEREBY '
ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A
CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE
DECISION OF THE AUTHORIZED OFFICER AND SHALL BE MADE
IN SUCH AUTHORIZED OFFICER'S SOLE DISCRETION (A
CITATION DECISION"), AND IN NO EVENT SHALL REDFLEX
HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION
DECISION;
3.6. 3 With respect to each Authorized Violation, Redflex shall print and mail a Citation within five (5) days after Redflex's receipt of such authorization; provided, however, during the Warning Period, warning violation notices shall be issued in respect of all Authorized Violations;
3.7. 3 The City shall track the collection of Fines assessed on each Citation and complete and accurate records shall be maintained by the City with respect to each such Citation;
3.8. 3 Redflex shall provide a toll-free telephone number for the purposes of answering citizen inquiries, responding to complaints and scheduling appointments during which recipients of Citations may view the applicable Violations Data, and Redflex shall provide necessary personnel for such purpose;
3.9. 3 Redflex shall permit the Authorized Officer and Project Manager to generate monthly reports using the Redflex Standard Report System.
3. 10. 3Upon Redflex's receipt of a written request from the City and in addition to the Standard Reports, Redflex shall provide, without cost to the City, reports regarding the processing and issuance of Citations, the maintenance and downtime records of the Designated Intersection Approaches and the functionality of the Redflex System with respect thereto to the City in such format and for such periods as the City may reasonably request; provided, however, Redflex shall not be obligated to provide in excess of six (6) such reports in any given twelve (12) month period without cost to the City; 6 12/16/ 03 11:30 a.m.
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3. 11. 3Upon the City's receipt of a written request from Redflex, the City shall provide, without cost to Redflex, reports regarding the prosecution of Citations and the collection of fines, fees and other monies in respect thereof in such format and for such periods as Redflex may reasonably request; provided, however, the City shall not be obligated to provide in excess of six 6) such reports in any given twelve ( 12) month period without cost to Redflex;
3. 12. 3During the four (4) month period following the Installation Date and upon Redflex's receipt of a written request from the City at least fourteen ( 14) calendar days in advance of court proceeding, Redflex shall provide expert witnesses for use by the City in prosecuting Violations; provided, however, the City shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses; and
3. 13.During the four L~) month period following the Installation Date, Redflex shall provide such training to police personnel as shall be reasonably necessary in order to allow .such personnel to act as expert witnesses on behalf of the City with respect to the Redlight Enforcement Program.
3.4. PROSECUTION AND COLLECTION; COMPENSATION. The City shall diligently prosecute Citations and the collection of all Fines in respect thereof, and Redflex shall have the fight to receive, and the City shall be obligated to pay, the compensation set forth on Exhibit D attached hereto.
3.5. OTHER RIGHTS AND OBLIGATIONS. During the Term, in addition to all of the other rights and obligations set forth in this Agreement, Redflex and the City shall have the respective rights and obligations set forth on Exhibit E attached hereto.
3.6. CHANGE ORDERS. The City may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Redflex, setting forth in reasonable detail the proposed changes ( a Change Order Notice"). Upon Redflex's receipt of a Change Order Notice, Redflex shall deliver a written statement describing the effect, if any, the proposed changes would have on the pricing terms set forth in Exhibit D (the Change Order Proposal"), which Change Order Proposal shall include ( i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the City.
Following the City's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change involves only the addition of equipment or services to the existing Designated Intersection Approaches, or the addition of Intersection Approaches to be covered by the terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the parties to 7 2026-09-16 Item #12B Page 51 of 287
reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with Section 10.
4. LICENSE; RESERVATION OF RIGHTS.
4.1 License. Subject to the terms and conditions of this Agreement, Redflex hereby grants the City, and the City hereby accepts from Redflex upon the terms and conditions herein specified, a non-exclusive, non-transferable license during the Term of this Agreement to: (a) solely within the City of ENCINITAS, access and use the Redflex System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any content posted on the Redflex System in connection therewith, (b) disclose to the public ( including outside of the City of ENCINITAS) that Redflex is providing services to the City in connection with Redlight Photo Enforcement Program pursuant to the terms of this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness or education, or other publications or materials relating to the Redlight Photo Enforcement Program, so long as any and all such publications or materials are approved in advance by Redflex.
4.2 RESERVATION OF RIGHTS. The City hereby acknowledges and agrees that:
a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the City neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of City pursuant to this Agreement, the City shall gain no additional right, title or interest therein.
4.3 RESTRICTED USE. The City hereby covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, (d) use any trademarks or other marks other than the Redflex Marks in connection with the City's use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or (e) disassemble, decompile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex System, including but not limited to any Equipment, or to any, Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any of the foregoing.
4.4 PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The City shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any 8 12/16/ 03 ll:30am
2026-09-16 Item #12B Page 52 of 287
registrations or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex.
4.5 INFRINGEMENT. The City shall use its reasonable best efforts to give Redflex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex's Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive fight, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. In the event that Redflex commences any enforcement action under this Section 4.5, then the City shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the City for any reasonable costs incurred in providing such cooperation and assistance.
4.6 INFRINGING USE. The City shall give Redflex prompt written notice of any action or claim action or claim, whether threatened or pending, against the City alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the City shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex in the defense thereof; provided, that Redflex shall reimburse the City for any reasonable costs incurred in providing such cooperation and assistance. If such a claim is made and Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the City the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items.
5. REPRESENTATIONS AND WARRANTIES.
5.1Redflex Representations and Warranties_.
5.1.1Authority. Redflex hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder.
5.1. 2 Professional Services. Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Redflex System, subject to applicable law, in compliance with all specifications provided to Redflex by the City.
5.2 City Representations and Warranties.
5.12.Authority. The City hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder.
5.22.Professional Services. The City hereby warrants and represents that any and all services provided by the City pursuant to this Agreement shall be performed in a professional and workmanlike manner.
9 12/16/ 03 11:30
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5.3 LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS
AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR
ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CITY'S USE OF ANY OF THE FOREGOING. NOTWITHSTANDING
ANYTHING TO THE CONTRARY SET FORTH HEREIN, REDFLEX DOES
NOT WARRANT THAT ANY OF THE DESIGNATED INTERSECTION
APPROACHES OR THE REDFLEX SYSTEM WILL OPERATE IN THE WAY
THE CITY SELECTS FOR USE, OR THAT THE OPERATION OR USE
THEREOF WILL BE UNINTERRUPTED. THE CITY HEREBY
ACKNOWLEDGES THAT THE REDFLEX SYSTEM MAY MALFUNCTION
FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS
AGREEMENT, REDFLEX SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER.
6. TERMINATION.
6.1 Termination. Either party shall have the right to terminate this Agreement immediately by written notice to the other if (i) Redflex is unable to recover the costs it incm-red in connection with the installation of the intersection monitoring equipment; or (ii) the other party commits any material breach of any of the provisions of this Agreement which breach is not remedied within ninety ( 90) calendar days ( or within such other time period as the City and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non-breaching party setting forth in reasonable detail the events which caused the breach, or (iii) state statutes are amended to prohibit the operation of red light photo enforcement systems, and (iv), following an audit of the revenue generated during any 12 consecutive month period after the installation date, and costs incurred by City, utilizing standard accounting procedures, the results thereof establish that City's net recovery after deducting all of system lease payments paid to Redflex during the said twelve month period is less than 100% of the amount of revenue collected during said period, then both parties shall meet and confer in good faith within thirty (30) days and shall make reasonable efforts to agree upon a new compensation formula. If after 90 days subsequent to the parties use of the new formula, the City's net recovery continues to be less than 100% of the amount of revenue collected for the 90 day period, the City may terminate this Agreement. The rights to terminate this Agreement given in this Section 6.1 shall be without prejudice to any other right or remedy of either party in respect of the breach concerned ( if any) or any other breach of this Agreement.
6.2 PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relieve either party of any liability that accrued prior to such termination. Except as set forth in Section 6.3, upon the termination of this Agreement, all of the provisions of this Agreement shall terminate and:
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6.12.Redflex shall (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation of Intersection Approaches and services in connection with the Redlight Photo Enforcement Program, (ii) promptly deliver to the City any and all Proprietary Property of the City provided to Redflex pursuant to this Agreement, (iii) promptly deliver to the City a final report to the City regarding the collection of data and the issuance of Citations in such format and for such periods as the City may reasonably request, and which final report Redflex shall update or supplement from time to time when and if additional data or information becomes available, (iv) promptly deliver to City a final invoice stating all fees and charges properly owed by City to Redflex for work performed and Citations issued by Redflex prior to the termination, and v) provide such assistance as the City may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement.
6.22.The City shall (i) immediately cease using the Redlight Photo Enforcement Program, accessing the Redflex System and using any other Intellectual Property of Redflex, (ii) promptly deliver to Redflex any and all Proprietary Property of Redflex provided to the City pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by City to Redflex for work performed and Citations issued by Redflex prior to the termination.
6.32.Unless the City and Redflex have agreed to enter into a new agreement relating to the Redlight Photo Enforcement Program or have agreed to extend the Term of this Agreement, Redflex shall remove any and all Equipment or other materials of Redflex installed in connection with Redflex's performance of its obligations under this Agreement, including but not limited to housings, poles and camera systems, and Redflex shall restore the Designated Intersection Approaches to substantially the same condition such Designated Intersection Approaches were in immediately prior to this Agreement.
6.3 SURVIVAL. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement: ections 4.2 Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2 (City Representations and Warranties), 5.3 (Limited Warranty), 7 (Confidentiality), 8 Indemnification and Liability), 9 ( Notices), 10 ( Dispute Resolution), 11.1 Assignment), 11.17 ( Applicable Law), 11.16 ( Injunctive Relief; Specific Performance) and 11.18 (Jurisdiction and Venue), and those provisions, and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions of this Agreement.
7. CONFIDENTIALITE During the term of this Agreement and for a period of three (3) years thereafter, neither party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential Information learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement unless otherwise required by law. Upon termination of this Agreement, each party shall return to the other all tangible Confidential Information of such party. Each party shall retain in confidence and 11 12/16/ 03 11:30 a.m.
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not disclose to any third party any Confidential Information without the other party's express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, representatives, attorneys and other professional advisors that need to know such Confidential Information, provided that such parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any
Governmental Authority, including laws relating to public records.
8. INDEMNIFICATION AND LIABILITY.
8.1 Indemnification by Redflex. Subject to Section 8.3, Redflex hereby agrees to defend and indemnify the City and its elected officials, affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them individually a "City Party" and collectively, the "City Parties") against, and to protect, save and keep harmless the City Parties from, and to pay on behalf of or reimburse the City Parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements ( including reasonable attorneys', accountants' and expert witnesses' fees) of whatever kind and nature collectively, "Losses"), which may be imposed on or incurred by any City Party arising out of or related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Redflex contained in this Agreement, or (b) the willful misconduct of Redflex, its employees or agents which result in death or bodily injury to any natural person ( including third parties) or any damage to any real or tangible personal property ( including the personal property of third parties), except to the extent caused by neglect or the willful misconduct of any City Party.
8.2 Indemnification by City. Subject to Section 8.3, the City hereby agrees to defend and indemnify Redflex and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any of them ( individually a " Redflex Party" and collectively, the "Redflex Parties") against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of the City contained in this Agreement, (b) the negligent or willful misconduct of the City, its employees, contractors or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the negligent or willful misconduct of any Redflex Party, (c) any claim, action or demand not caused by Redflex'sfailure to perform its obligations under this Agreement, or (d) any claim, action or demand challenging the City's use of the Redfiex System or any portion thereof, the 12 12116/03 11:30 ara.
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validity of the results of the City's use of the Redflex System or any portion thereof, or the validity of the Citations issued, prosecuted and collected as a result of the City's use of the Redflex System or any portion thereof.
8.3 Indemnification Procedures_. In the event any claim, action or demand ( a Claim") in respect of which any party hereto seeks indemnification from the other, the party seeking indemnification ( the "Indemnified Party") shall give the party from whom indemnification is sought (the "Indemnifying Party") written notice of such Claim promptly after the Indemnified Party first becomes aware thereof; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim subject to the approval of such counsel by the Indemnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle.such Claim, and the Indemnified Party shall have the right to participate in the defense at its sole expense; provided, however, the Indemnified Party shall have the right to take over the control of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no party shall have the right to enter into any settlement agreement that materially affects the other party's material rights or material interests without such party's prior written consent, which consent will not be unreasonably withheld or delayed.
8.4 LIMITED LIABILITY. Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or any duty at common or civil law, for any indirect, incidental, special, lost profits or consequential damages, however caused and on any theory of liability arising out of or relating to this Agreement.
9. NOTICES: Any notices to be given hereunder shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed first class, certified mail, return receipt requested, postage and registry fees prepaid, or (c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, if the courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows:
9.1 Notices to Redfiex:
Redflex Traffic Systems, Inc.
15020 North 74th Street
Scottsdale, AZ 85260
Attention: Ms. Karen Finley
Facsimile: (480) 607-0752
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With a
copy to:
Alschuler Grossman Stein & Khan LLP
2049 Century Park East
39th Floor
Los Angeles, CA 90067
Attn: Michael B. Miller, Esq.
Facsimile: (310) 552-6077
9.2 Notices to the City:
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
Attention: Kerry L. Miller, City Manager
Facsimile: ( 760) 633-2627
10.DISPUTE RESOLUTION. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interPretation or enforcement hereof (the Dispute"), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall he to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 10, and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation.
11. MISCELLANEOUS.
11.1 Assignment. Neither party may assign all or any portion of this Agreement without the prior written consent of the other, provided, however, the City hereby acknowledges and agrees that the execution ( as outlined in Exhibit F), delivery and performance of Redflex'srights pursuant to this Agreement shall require a significant investment by Redflex, and that in order to finance such investment, Redflex may be required to enter into certain agreements or arrangements Financing Transactions") with equipment lessors, banks, ftnancial institutions or other similar persons or entities ( each, a " Financial Institution" and collectively, Financial Institutions"). The City hereby agrees that Redflex shall have the right to assign, pledge, hypothecate or otherwise transfer ("Transfer") its rights, or any of them, under this Agreement to any Financial Institution in connection with any Financing Transaction between Redflex and any such Financial Institution, subject to the City's prior written approval, which approval shall not be unreasonably withheld or delayed. The City further acknowledges and agrees that in the event that Redflex provides written notice to the City that it intends to Transfer all or any of Redflex's rights pursuant to this Agreement, and in the event that the City fails to provide such approval or fails to object to such Transfer within forty-five (45) business days after 2026-09-16 Item #12B Page 58 of 287
its receipt of such notice from Redflex, for the purposes of this Agreement, the City shall be deemed to have consented to and approved such Transfer by Redflex.
Notwithstanding the above, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns.
11.2 MOST FAVORED CUSTOMER
For the complete period covered by this Agreement, Redflex represents that all of the prices, terms, warranties and benefits granted by Redflex hereunder are comparable to or better than the same offered by it to any present Customer of Vendor within San Diego County. In the event the City determines otherwise, the City may request Redflex shall cause an amendment to this Agreement so that City may receive the same price, terms, warranty benefit or condition requested..
11.3 RELATIONSHIP BETWEEN REDFLEX AND THE CITY. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. The relationship between the parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either party to incur any debts or liabilities or obligations on behalf of the other party (except as specifically provided herein).
11.4 AUDIT RIGHTS. Each of parties hereto shall have the right to audit the books and records of the other party hereto (the "Audited Party") solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement.
Any such audit shall be conducted upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25%) of the amount of actually owing, the cost of such audit shall be bome by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non-Audited Party shall promptly refund to the Audited Party the amount of the excess.
11.5 FORCE MAJEURE. Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or Govermmental Authorities approval delays which are not caused by any act or omission by Redflex, and unusually severe weather. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay.
11.6 ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties, and there are no other agreements ( other than invoices and purchase orders), whether written or oral, which affect its terms. 2026-09-16 Item #12B Page 59 of 287
This Agreement may be amended only by a subsequent written agreement signed by both parties.
11.7 SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
11.8 WAIVER. Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof.
11.9 CONSTRUCTION Except as expressly otherwise provided in this Agreement, this Agreement shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be construed more strictly against either party.
11.10HEADINGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to affect the meaning, interpretation or applicability of this Agreement or any term, condition or provision hereof.
11.11EXECUTION AND COUNTERPARTS. This Agreement may be
executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such cotmterparts together shall constitute only one instrument. Any one of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Agreement, and no party shall be required to produce an original or all of such counterparts in making such proof.
11.12COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent of this Agreement.
11.13REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one ofthem shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy.
11.14BINDiNG EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the parties hereto and their respective executors, administrators, successors and permitted assigns.
11.15COMPLIANCE WITH LAWS. Nothing contained in this
Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it 2026-09-16 Item #12B Page 60 of 287
within the requirement of the law, provided that such construction is consistent with the intent of the Parties as expressed in this Agreement.
11.16 NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a party to this Agreement.
11.17 INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The parties hereby agree and acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted Use) or 7 Confidentiality) of this Agreement would result in severe and irreparable injury to the other party, which injury could not be adequately compensated by an award of money damages, and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of any material term, condition or provision of this Agreement, or to enjoin or prevent such a breach, including without limitation an action for specific performance hereof.
11.18 APPLICABLE LAW. This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of California, United States.
11.19 JURISDICTION AND VENUE. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction and venue of the courts located in the County of San Diego, California and both parties specifically agree to be bound by the jurisdiction and venue thereof.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above.
City .... Redflex"
CITY OF ENCINITAS REDFLEX TRAFFIC SYSTEMS, INC.,
a Delaware corporation
By:
By:
Name:
Title:
APPROVED AS TO FORM
By:
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EXHIBIT "A"
Designated Intersection Approaches
The contract is for the implementation of up to 10 intersections with up to 20 approaches.
Identification of enforced intersection will be as directed by the City, as warranted by community safety and traffic needs, as well as Engineering intersection analysis.
The primary intersections under consideration for automated enforcement include, but are not limited to:
1. Encinitas Blvd. Westlake/Quail Gardens
2. El Camino Real Old Target Ctr
3. Encinitas Blvd. Vulcan Ave.
4. E1 Camino Real Encinitas Blvd.
5. Encinitas Blvd. Via Cantebria
6. Encinitas Blvd. Calle Magdalena
7. El Camino Real Olivenhain Road
8. E1 Camino Real Mtn. Vista Dr.
9. Manchester Ave. Mira Costa College
10. Leucadia Blvd. Town Center Pl.
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EXHIBIT " B"
Construction and Installation Obligations
Timeframe for Installation
Redflex will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Redflex Traffic Systems and the Municipality.
Redflex will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement.
Redflex will use reasonable commercial efforts to install and activate the first specified intersection (with a minimum of 2 approaches) within the first sixty (60) days subsequent to the date of this contract. Redflex will conduct video monitoring, of intersections and/or approaches, analyze the number of violations, and provide the City with such data and analysis within 30 days of receiving a
request for same from the City. Redflex will use
reasonable efforts to install and activate all other intersections and/or approaches within 60 days of issuance of a Notice to Proceed (Change Order) by the City. The Municipality agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed.
1. Redflex Obligations. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex'ssole expense):
1.1. Appoint the Redflex Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Redflex Project Manager;
1.2. Request current "as~built" engineering drawings for the Designated Intersection Approaches ( the "Drawings") from the city traffic engineer;
1.3. Develop and submit to the City for approval construction and installation specifications in reasonable detail for the Designated Intersection Approaches, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; and
1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches (collectively, the "Approvals"), which will include compliance with City permit applications.
1.5. Finalize the acquisition of the Approvals;
1.6. Submit to the City a public awareness strategy for the City's consideration and approval, which strategy shall include media and educational materials for the City's approval or amendment (the "Awareness Strategy");
1.7. Develop the Redlight Violation Criteria in consultation with the City;
1.8. Develop the Enforcement Documentation for approval by the City, which approval shall not be unreasonably withheld;
1.9. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersection Approaches ( under the supervision of the City);
2O
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1.10. Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations;
1.11. Install and test the functionality of the Designated Intersection Approaches with the Redflex System and establish fully operational Violation processing capability with the Redflex System;
1.12. Implement the use of the Redflex System at each of the Designated Intersection Approaches;
I. 13. Deliver the Materials to the City; and
1.14. Issue "warning letters" for Authorized Violations which occurred at each Designated Intersection Approach during the Warning Period; and
1.15. During the Warning Period, Redflex shall provide training ( i) for up to fifteen (15) personnel of the City, including but not limited to the persons who City shall appoint as Authorized Officers and other persons involved in the administration of the Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the aggregate, (iii) regarding the operation of the Redflex System and the Redlight Photo Enforcement Program, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enfomement Documentation;
1.16. Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, the establishment of a court hearing schedule for adjudicating upon Citations, and coordination between Redflex, the City and juvenile court personnel; and
1.17. Provide reasonable public relations resources and media materials to the City in the event that the City elects to conduct a public launch of the Redlight Photo Enforcement Program.
2. CITY OBLIGATIONS. the City shall do or cause to be done each of the following in each case, unless otherwise stated below, at City's sole expense):
2.1. 1 Appoint the Project Manager and Authorized Officer;
2.. 1 Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities;
2.3. 1 Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Redlight Photo Enforcement Program;
2.4. 1 Provide assistance to Redflex in obtaining access to the records data of the Department of Motor Vehicles in Redflex's
capacity as an independent
contractor to the City; and
2.5. 1 Assist Redflex in seeking the Approvals
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2.6. 1 Provide reasonable access to the City's properties and facilities in order to permit Redflex to install and test the functionality of the Designated Intersection Approaches and the Redlight Photo Enforcement Program;
2.7. 1 Provide reasonable access to the personnel of the City and reasonable information about the specific operational requirements of such personnel for the purposes of performing training;
2.8. 1 Provide the services of necessary personnel during the Warning Period;
2.9. 1 Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and program materials ( the "Materials") that the City will require in order to implement the Awareness Strategy during the period commencing on the date on which Redflex begins the installation of any of the Designated Intersection Approaches and ending one (1) month after the Installation Date;
2. 10. 1Assist Redflex in developing the Redlight Violation Criteria; and
2.1 .t 1. Seek approval of the Enforcement Documentation. 22 12/16/ 03 11:30 a.m.
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EXHIBIT " C"
MAINTENANCE
1. All repair and maintenance of camera systems and all related equipment will be the sole responsibility of Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti-free condition.
2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of
City Traffic Engineering present.
3. The provision of all necessary electrical and telephone services to the Designated Intersection Approaches will be the sole responsibility of the City. 4 The Redflex Project Manager ( or a reasonable alternate) shall be available to the Project Manager each day, on a reasonable best efforts basis. 23 12/16/ 03 11:30 a.m
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EXHIBIT " D"
COMPENSATION & PRICING
Compensation shall be in the form of a Fixed Fee of $5,370 per month per Intersection Approach beginning at the conclusion of the 30 day Waming Period and continuing until contract expiration or termination, in accordance with the provisions as set forth herein.
Redflex shall invoice the City monthly. The monthly fee shall be reduced on a prorated basis for any hours or days when any system is not fully operational. 24 12/16/ 03 11:30 a.m.
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BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS:
1. Redflex construction will be able to utilize existing conduit for installation where space is available. Where it is determined by both parties that additional conduit is necessary, the cost shall be born by Redflex, however, the City shall provide at no cost the necessary encroachment permits.
2. The City agrees to pay RTS within thirty (30) days after the invoice is received. A monthly late fee of 1.5% is payable for payments past due 60 days.
3. Prices do not include supply of power and supply of DSL, cable or other broadband services. The City shall be solely responsible for power and communication infrastructure.
4. Once each year on the anniversary date of the contract, the pricing Will increase by the CPI. CPI will be derived from the publication of the U.S. Department of Labor Consumer Price Index for U.S. City average. The index to be used is the 'West A'. 1, 000500,residents or more)
25 12/16/ 03 11:30 a.m.
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Exhibit "E"
Additional Rights and Obligations
I. Redflex and the City shall respectively have the additional rights and obligations set forth below:
2. Redflex shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Redlight Photo Enforcement Program (actually print and production costs are the sole responsibility of the City).
3. The City shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority ("Signage"), including but not limited to the Vehicle Code, and shall assist in determining the placement of such Signage, and the City hereby acknowledges and agrees that the City shall be solely responsible for installing such Signage.
4. The City shall be solely responsible for the installation of LED lights at enforced intersections.
5. The Redflex Project Manager, the Authorized Officer, and the Project Manager shall meet on a weekly basis during the period commencing as of the date of execution hereof and ending on the Installation Date, and on a monthly basis for the remainder of the Term, at such times and places as the Redflex Manager and the City Manager shall mutually agree in the City of Encinitas.
6. The City shall not access the Redflex System or use the Redlight Photo Enforcement Program in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Redflex System or the Redflex Photo Enforcement Program with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or which could damage, disable, impair or overburden the Redflex System or the Redflex Photo Enforcement Program, and the City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Redflex System, or (iii) any materials or information not intentionally made available by Redflex to the City by means of hacking, password mining or any other method whatsoever, nor shall the City cause any other Person to do any of the foregoing.
7. The City shall maintain the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Redlight Photo Enforcement Program.
8. Each of Redflex and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Redflex and the City shall obey any and all such rules and regulations.
9. The City shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the City, or any of its employees, contractors or agents. 26 12/16/ 03 11:30 a.m.
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Insurance
1. During the Term, Redflex shall procure and maintain and Redflex's sole cost and expense the following insurance coverage with respect to claims for injuries to persons or damages to property which may arise from or in connection with the performance of work or services pursuant to this Agreement by Redflex, and each of Redflex'ssubcontractors, agents, representatives and employees:
2. Commercial General Liability Insurance. Commercial General Liability Insurance with coverage of not less than One Million Dollars ($1, 000) 00, combined single limit per occurrence for bodily injury and property damage;
3. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance with coverage of not less than One Million Dollars ($1, 000) 00, combined single limit per occurrence for bodily injury or property damage, including but not limited to coverage for all automobiles owned by Redflex, hired by Redflex, and owned by third parties;
4. Professional Liability ( Errors and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability (Errors' and Omissions) Insurance with coverage of not less than One Million Dollars 1, 000) 00,per occurrence and in the aggregate.
5. Workers' Compensation and Employer's Liability Insurance. Workers' Compensation Insurance with coverage of not less than the limits required by the Labor Code of the State of California, Employer's Liability Insurance with coverage of not less than One Million Dollars ($1, 000) 00,per occurrence.
6. With respect to the insurance described in the foregoing Section 8.1of this Exhibit E, any deductibles or self-insured retentions must be declared to and approved by the City, and any changes to such deductibles or self-insured retentions during the Term must be approved in advance in writing by the City.
7. With respect to the Commercial General Liability Insurance described in Sections X and X of this Exhibit E, the following additional provisions shall apply:
8. The City Parties shall be covered as additional insureds with respect to any liability arising from any act or omission of any Redflex Parties on the premises upon which any such Redflex Parties may perform services pursuant to this Agreement, and such coverage shall contain no special limitations on the scope of protection afforded to such additional insureds.
9. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the City Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the City Parties shall be in excess, and not in contribution to, such insurance.
10. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the City Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies.
11. With respect to the insurance described in the foregoing Section 8.1 of this Exhibit E, each such insurance policy shall be endorsed to state that the coverage provided thereby shall not be cancelled except after thirty (30) calendar days' 27 12/16/ 03 11:30 a.m.
2026-09-16 Item #12B Page 71 of 287
prior written notice to the City. If any of the Redflex Parties are notified by any insurer that any insurance coverage will be cancelled, Redflex shall immediately provide written notice thereof to the City and shall take all necessary actions to correct such cancellation in coverage limits, and shall provide written notice to the City of the date and nature of such correction. If Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the City shall have the right, but not the obligation and exercisable in its sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the City for such insurance. If the premium costs advanced by the City for such insurance exceed any amounts due to Redflex pursuant to this Agreement, Redflex shall promptly remit such excess amount to the City upon receipt of written notice thereof.
12. Redflex shall provide certificates of insurance evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the City prior to Redflex commencing any work pursuant to the terms of this Agreement.
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Exhibit F
FORM OF ACKNOWLEDGMENT AND CONSENT
THIS ACKNOWLEDGMENT AND CONSENT is entered into by and
between the City of ( the "City") and Redflex
Traffic Systems, Inc. ("Redflex"), dated , related to that certain Agreement dated .... by and between the City and
Redflex ( the "Agreement") which hereby acknowledges, consents and agrees to the following (the "Consent"):
1. Redflex has financed certain operations and equipment related to its business, including but not limited to camera systems, housing and poles (the "Equipment") through certain lenders (the "Lenders"). Redflex has granted to Lenders a security interest in the Equipment, related property including software and proceeds thereto as collateral for the performance when due of its obligations to Lenders.
Redftex desires to assign all of its rights, but none of its liabilities or obligations under the Agreement (the "Assignment") to [Insert Name], as collateral agent for the Lenders ( the " Collateral Agent"). Redflex will not, by virtue of the Assignment, be relieved of any liability or obligation under the Agreement or otherwise, and neither Collateral Agent nor Lenders are assuming any liabilities or obligations under the Agreement. City hereby acknowledges notice of the Assignment and hereby consents thereto and to assignment to any similar subsequent financing party of Redflex, and further acknowledges that Collateral Agent or Lenders, and their respective successors and assigns, and any other subsequent future lender, may assign the rights received from Redflex.
2. Redflex hereby authorizes City upon Collateral Agent's written request to make
any payments due to Redflex under the Agreement directly to Collateral Agent, c/o [Insert Address], or to whomever Collateral Agent may from time to time direct in writing.
3. City acknowledges that the attached Exhibit A is a
true, correct and complete
copy of the Agreement.
4. City agrees that City shall not assert against Collateral Agent and Lenders any right or claim of set off, recoupment, counterclaim or other defense in respect of amounts or obligations owed by Collateral Agent and Lenders to City against amounts or obligations that City owes to Collateral Agent and Lenders under the Agreement.
5. In accordance with Section 20 (f) of the Agreement, this Consent shall be deemed to be notice to City. In the event that City fails to provide such approval or object to this Consent within a reasonable time which shall include at least three weeks prior to the next City Council meeting; including this City Council meeting; and three days following the meeting after its receipt of such notice from Redflex, for 29 12/16/ 03 11:30 a.m.
2026-09-16 Item #12B Page 73 of 287
the purposes of this Agreement, the City shall be deemed to have consented to and approved this Consent.
IN WITNESS THEREOF, each of the undersigned have caused this Acknowledgment and Consent to be executed by their duly elected officers duly authorized as of the date first above written.
CITY OF ENCINITAS REDFLEX TRAFFIC SYSTEMS INC.
By: By:
Print Name: Print Name:
Title: Title:
Date: Date:
Address: Address:
30 12/16/ 03 11:30 a.m.
2026-09-16 Item #12B Page 74 of 287
CITY OF ENCINIT AS
CITY COUNCIL
AGENDA REPORT
Meeting Date: January 14,2004
TO: 1h~' ~ d~ C"="~/;
VIA: Kerry Miller, City Mana ') 1 .JFROM: Peter Cota-Robles, Director of Engineering Services Rob Blough, Traffic Engineer
SUBJECT: Consider Approving Contract for Automated ( Red Light Camera) Traffic Enforcement with Redflex Traffic Systems, Inc.
BACKGROUND:
At their 2003 Goal Setting Session, the City Council directed Staff to consider implementing an automated red-light camera traffic enforcement system. During the past several months, representatives from the Sheriff's Department, Engineering Department, City Manager's Office, City Attorney, City Council, and Traffic Commission reviewed materials and presentations from two well-known vendors that provide automated red light camera traffic enforcement programs.
At their November 12, 2003 Public Hearing, the City Council directed Staff to proceed with negotiations with vendors for the implementation of a digital photo and video technology Red Light Photo Enforcement Program.
At their December 17, 2003 meeting, the City Council approved the implementation ofthe Red Light Photo Enforcement Program subject to final approval of the contract at their January 14, 2004 meeting.
Attached is a
copy of the December 17, 2003 Agenda Report.
ANALYSIS:
Attached is a
copy of the proposed contract with Redflex Traffic Systems, Inc. (RTS) for the Automated Red Light Photo Enforcement Program. In addition; attached is a letter from Aaron M.
Rosenberg, Vice President of RTS discussing the City of Encinitas' Most Favored Customer Provision which would allow the City to incorporate any more favorable term, condition or benefit by amendment) into its contract with RTS that any other jurisdiction in the County may enjoy, present or future.
The contract with RTS is to provide for a maximum of 20 camera system approaches at up to 10 intersections in the City over a
five-year period. The compensation will be fixed fee of$ 3705,per month per Intersection Approach for a five year term subject to an annual CPI adjustment.
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Another important provision discussed at the last Council meeting is the Termination Provision. It has
been structured to minimize the City's
financial risk. Ifduring any 12 consecutive month
period the City's
net recovery after deducting all of system lease payments paid to RTS continues to be less that 100% ofthe revenue collected, the City and RTS shall meet and agree to a new compensation formula. If after 90 days ofutilizing the new formula, the City'srecovery continues to be less than 100%, the City rnay terminate the agreement. .
Encinitas usually requires a termination for convenience provision, but in this case RTS has a substantial investment in start-up costs, so its negotiators insisted upon at least the 12-month period Plus 90 days) condition before the City may terminate the agreement. It is important .to note that the proposed termination provision is one ofthe most beneficial to a city (Encinitas) in the county to date.
IMPACTS:
Fiscal Impacts
While there may be some initial cash outlay required on the initial implementation, the proposed contract has been structured to minimize the risk to the City and to insure that there will be no net cost for the automated red light camera enforcement program to the city over the five year term of the contract. The level of revenue will be dependent on the number of violations that occur.
Consequently, there will be minimal fmancial risk to the city and the revenue will be tied to the number ofcitations.
Staff Impacts
Should the maximum number (20) of systems be eventually installed, it is estimated that it would require up to 20 sheriff man-hours per week for reviewing the photos and digital video, authorizing the citations, office hours for violators to review their video, and representing the Sheriff's Department at all court proceedings. In addition, the Traffic Engineering Division will be working directly with the vendor during the evaluation, installation, and monitoring phases of this program, which will negatively impact other work program elements unless additional personnel and/or contract resources are made available. Staff will present a detailed Traffic Division work program overview, with recommendations, in conjunction with the upcoming goal setting and budget reports.
RECOMMENDA nON:
It is recommended that subject to fmal review and approval of the City Attorney, the City Council authorize the City Manager to execute the proposed contract with RTS for the design and implementation ofthe Red Light Photo Enforcement Program. cc: Captain Anthony Nares, Encinitas Sheriffs Department AROSS8T \ D- 2.
2026-09-16 Item #12B Page 76 of 287
fit
REDFLEX TRAFFIC SYSTEMS
December 30th 2003 Redflex Traffic Systems Inc.
6047 Bristol Parkway, 1" Floor
City of Encinitas
Culver City. CA. 90230
Tel: (310) 743-1209
505 S. Vulcan Ave. Fax: (310) 642-0142
Encinitas, CA 92024-3633
www. comredflex.
Attn: Peter Cota-Robles
RE: Redflex Contact & Most Favored Customer Provisions
Dear Peter,
It is with great pleasure that Redflex provide the City of Encinitas provisions as our most favored customer. These provisions have been put in place to ensure the City of Encinitas enjoys the most favorable terms and conditions that are provided to our customers, both current and future. We feel that the inclusion of this provision demonstrates our commitment to the City of Encinitas and desire to provide the City with a truly world-class program.
As the largest provider of photo enforcement programs with over 20 cities under contract across the State of California, we would also like to stress that the pricing provided in the Redflex contract are the best pricing terms Redflex has ever offered for a photo enforcement program. In fact, to the best of our knowledge, these terms are well below those offered by our competition for inferior and antiquated technology.
We recognize that these provisions have been provided to specifically address our customers in San Diego County, but are restrictive beyond county lines. As the largest vendor in the United States, Redflex needs to maintain some degree of flexibility in its operating and pricing models. To this point, in rare circumstances, Redflex may work with a jurisdiction on a project with a limited scope and provide discounted terms. In the spirit of full disclosure, over the last couple of years, this has only happened on one sinqle occasion and that was a recent arrangement between Redflex and the City of Fairfield California.
Specifically, this arrangement provided the City of Fairfield approximately a 5% discount for the provision of a "pilot" project. This pilot project was very limited in scope and included:
One (1) single approach of enforcement
A maximum of two (2) lanes of violation capture
A
shortened program duration
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Additionally, it is important to note, that when this program become a full-scale implementation, the pricing terms will be adjusted upward accordingly.
It is also prudent to mention that each County across the State of California has a different equation for determining the total allocation and percentage of fine that will be appropriated to the City. For example, in San Diego County, each city receives a minimum of $140 per violation fine and in Solana County; the City of Fairfield receives approximately $79 per violation fine. As a result of this discrepancy, Redflex needs to retain the flexibility to ensure these jurisdictions maintain a cost-neutral position.
In summary, I can state with a high degree of confidence, that the pricing terms provided to the City of Encinitas are significantly better then all othE!r contracted
jurisdictions in the County and across the State, which also includes programs supported by the competition. Additionally, with the exception of the pilot in Fairfield, I can also state to the best of my knowledge, that the City of Encinitas has the best pricing terms provided to any jurisdiction across the State of California and terms which are significantly below those provided by our competition.
Redflex is truly committed to providing the City of Encinitas a world-class program with a strict focus on cost sensitivity. It is to this point, which we proudly provide the City of Encinitas a favored nation provision.
If you have any additional questions, please don't hesitate to contact me directly.
Sincere Regards,
Aaron M. Rosenberg
For and on behalf of Redflex Traffic Systems Inc.
Aaron M. Rosenberg, Vice President
Cell Phone (310) 213-6994
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CITY OF ENCINITAS
CITY COUNCIL
AGENDA REPORT
Meeting Date: December 17, 2003
TO, Ci<y
Co_iI ~~ ~
FOR
YOUR RECORDS
VIA: Kerry Miller, C
From City Clerk
FROMJœ- Rokcota-les, Director ofEngineering Services
Rob Blough, Traffic Engineer
SUBJECT: Consider approving contract for Automated ( Red Light Camera) Traffic Enforcement with Redflex Traffic Systems, Inc.
BACKGROUND:
At their 2003 Goal Setting Session, City Council directed staff to consider implementing an automated red-light camera traffic enforcement system. During the past several months, representatives from the Sheriffs Department, Engineering Department, City Manager's Office, City Attorney, City Council, and Traffic Commission reviewed materials and presentations from two well-known vendors that provide automated red light camera traffic enforcement programs.
At their November 12, 2003 Public Hearing, the City Council directed Staff to proceed with negotiations with vendors for the implementation of a digital photo and video technology Red Light Photo Enforcement Program.
ANALYSIS:
During the past several months, representatives from the Sheriffs Department, Engineering Department, City Manager's Office, City Attorney, City Council, and Traffic Commission have reviewed materials from two well-known vendors who provide photo-controlled traffic signal programs. These companies and their represented technologies are as follows:
Affiliated Computer Systems (ACS) - Traditional "wet" film system that can be upgraded to digital.
Redflex Traffic Systems (RTS) - Combined digital video and digital still images.
During this evaluation, staff has reviewed the technologies available for photo enforcement programs; wet film, digital, and digital video. It is staffs opinion a digital/video loop system is the best system for the City of Encinitas. RTS offers such a system. Advantages of this type of system are:
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On-line dial up access of camera
12-second video loop
Real time intersection monitoring
No delay for film processing
Quality digital photos
Fully electronic, no mechanical cameras
On-line processing of violations
Also, of the various technologies available, the system developed and manufactured by RTS is the only red light photo enforcement system that uses a combined approach of both digital video and digital still images. Specifically, RTS is the' only provider that includes a total of four 4) digital cameras in each camera unit. The camera configuration includes three (3) digital still cameras and one (1) digital video camera. Specifics are summarized in the following:
Technology only the RTS program provides:
4-camera configuration per housing
3 high resolution digital still cameras
I high resolution digital video camera
Combination StillNideo System, which provides the strongest violation evidence set 4 high resolution encrypted digital still images per violation 12-seconds of full motion video per violation
Multiple camera configuration, which is synchronized to a single internal clock Ability to provide 24-hour a day, 7-day a week "live" video feeds for traffic and incident management
Ability to conduct remote camera adjustments
Ability to enforce multiple violations per phasing across lanes Ability to enforce 4-contiguous lanes of traffic with one system Ability to enforce four types of violation movements
Straight-through movements
Left-turn movements
Double left-turn movements
Right-turn movements
Ability to implement non-invasive vehicle detection
Ability to enforce at speeds of 100 MPH+, during nighttime and variable weather.
In addition to being the only red light photo enforcement program vendor that can supply the City of Encinitas with the above listed capabilities and hardware, RTS is also the longest established digital vendor in the United States, supports more operational digital red light photo enforcement systems in the United States than all other vendors combined, is the only fully vertically integrated vendor, which includes:
In-house camera manufacturing
In-house system design
In-house research and development
In-house software engineering
In-house citation processing
In-house support and maintenance
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RTS is also a vendor that has no pending legal actions, has not had any programs shutdoym, nor lost any incumbent programs.
Earlier this year, the City of Chicago, Illinois, initiated a formal Request for )'roposal (RFP) process. This RFP was seeking the most advanced automated enforcement technologies in the red light photo enforcement industry. Chicago received eight (8) formal bids from vendors across the United States and abroad.
In addition to the RFP, site visit, references, and oral presentations, Chicago proposed a headto-head trial. The trial required the top ranked and most qualified vendors to install and operate their systems at a Chicago intersection for a 30-day trial period. .
At the completion of the 30-day trial, each vendor was evaluated on approximately 30 different scales, of which only RTS received an overall comprehensive rating of "excellent." Subsequently, Chicago chose RTS to install a citywide red light photo enforcement system.
In summary, the use of digital video in combination with digital still ima&es significantly increases a City's
total citation yield rate, reduces the number of red light violations that are contested and dismissed, and ultimately provides the greatest compliance to the applicable California Vehicle Codes, resulting in the greatest collision reduction statistics. In addition, RTS is the only company that provides a full range of services that includes research and development, camera manufacture, system installation, system maintenance and repair, and citation processing. Because of the full range of services provided, there are no chain-ofcustody issues, and full system integrity and reliability is maintained.
Currently RTS is working with nearly two dozen California cities, including Culver City, Santa Monica, South Gate, Santa Ana, Ventura, Compton, Garden Grove, Bakersfield, San Juan Capistrano, EI Cajon, San Jose, Hawthorne, Emeryville, Inglewood, Fremont, Upland, EI Monte, and Oxnard to name several. These cities are either currently using, or are currently implementing, red light camera systems manufactured and installed by RTS.
In addition, several cities in North San Diego County are currently negotiating or considering contracts with RTS for red light photo enforcement. Some of these include Del Mar, Solana Beach, Oceanside, Vista, and Escondido.
Video surveys are being conducted at the intersections ofEI Camino Rea1Æncinitas Boulevard and El Camino ReaIlOlivenhain Road-Leucadia Boulevard, to determine the number of red light violations that are occurring during a 12-hour period. Both ofthese intersections handle 70,000 vehicles per day, which is the highest volume in the City. The results have not been completed and will be presented at the Council meeting. The contract with RTS is to provide for a maximum of 20 camera system approaches at up to 10 intersections in the City over a five-year period.
The installation of red light camera equipment at signalized intersections would be done after an engineering study of the intersection determines that engineering improvements or other measures
cannot be implemented or would not be effective in reducing the incidence of red light running. The locations selected for red light camera systems would also be based on crash, volume, and red light running violations data. Intersections throughout the City will be monitored to determine which locations have the most significant problem.
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IMPACTS:
Fiscal Impacts
While there may be some initial cash outlay required on the initial implementation, a proposed contract has been structured to minimize the risk to the City and to insure that there will be no net cost for the automated red light camera enforcement program to the city over the five year term of the contract. The level of revenue will be dependent on the" number of violations that occur.
Consequently, there will be minimal financial risk to the city and the revenue will be tied to the number ofcitations.
StaffImpacts
Should the maximum number (20) of systems be eventually installed, it is estimated that it would require up to 20 sheriff man-hours per week for reviewing the photos and digital video, authorizing the citations, office hours for violators to review their video, and representing the Sheriff's Department at all court proceedings. In addition, the Traffic Engineering Division will be working directly with the vendor during the evaluation, installation, and monitoring phases of this program, which will negatively impact other work program elements unless additional personnel and/or contract resources are made available. Staff will present a detailed Traffic Division work program overview, with recommendations, in conjunction with the upcoming goal setting and budget reports.
RECOMMENDATION:
It is recommended that the City Council authorize implementation of a Red Light Photo Enforcement Program and take the following actions:
1. Approve implementation of a Citywide Red Light Photo Enforcement Program, and
2. Authorize the Director ofEngineering Services to execute a contract with Redflex Traffic Systems, Inc. (RTS) for the design and implementation of the red light photo enforcement program.
cc: Captain Anthony Nares, Encinitas Sheriffs Department AR05S6T
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AGREEMENT BETWEEN THE CITY OF ENCINITAS
AND REDFLEX TRAFFIC SYSTEMS, INC. FOR
AUTOMATED RED LIGHT PHOTO ENFORCEMENT CAMERAS
This Agreement (this "Agreement") is made as of this - day of -; 2004 by,and between the City of Encinitas, a municipal corporation, with offices at 505 S. Vulcan Avenue, Encinitas, California, 92024 (the "City") and Redflex Traffic Systems, Inc., a Delaware corporation with offices at 5813A Uplander Way, Culver City, California 90230 ("Redflex"),
RECITALS
WHEREAS, Redflex has exclusive knowledge, possession and ownershiþ of certain equipment, licenses, applications, and citation processes related to digital reç light photo enforcement cameras;
WHEREAS, the City desires to engage the services of Redflex to proyide certain equipment, processes and back office services so that sworn Sheriffs officers and/or employees of the Sheriffs Department under contract to the City are able to monitor, identify and enforce red light running violations; ,
WHEREAS, it is a mutual objective of both Redflex and the City to reduce the incidence of vehicle collisions at the traffic intersections that will be monitored pursuant to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
1. DEFINITIONS. In this Agreement, the words and phrases below shall have the following meanings:
1.1. "Authorized Officer" means the Sheriffs Project Manager or such other individual(s) as the City shall designate to review Potential Violations and to authorize the Issuance of Citations in respect thereto, and in any event, a sworn officer or employee of the Sheriffs Department under contract to the City.
1.2. "Authorized Violation" means each Potential Violation in the Violation Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized Officer by using the Redflex System.
1.3. "Citation" means the notice of a Violation, which is mailed or otherwise delivered by Redflex to the violator on the appropriate Enforcement Documentation in respect of each Authorized Violation.
1.4. "Confidential Information" means, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is considered confidential under local, state, or federal laws, or which is connected with such Person's business or methods of operation or concerning any of such Person's suppliers, licensors, licensees, City's or others
with whom such Person has a business relationship, and which has current or I
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2026-09-16 Item #12B Page 83 of 287
potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to:
1.. 4. Matters of a business nature, including but not limited to infomlation relating to development plans, costs, fmances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or City's, . or at which such Person sells or has sold its services; and
1.2. 4. Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, forlnats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term "trade secrets" shall mean the broadest and most inclusive interpretation oftrade secrets as defined by §3426. d) l(of the California Civil Code ( the "Uniform Trade Secrets Act') and cases interpreting the scope of the Uniform Trade Secrets Act.
1.3. 4 Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public .or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iii) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be described.
1.5. "Designated Intersection Approaches" means the Intersection Approaches set forth on Exhibit A attached hereto, and any such additional Intersection Approaches as the City may designate from time to time.
1.6. "Electronic Signature" means the method through which the Authorized Officer indicates his or her approval of the issuance of a Citation in respect of a Potential Violation using the Redflex System.
1.7. "Enforcement Documentation" means the necessary and appropriate documentation related to the Redlight Photo Enforcement Program, including but not limited to warning letters, citation notices ( using the specifications of the Judicial Council and the San Diego Sheriffs Department), a numbering sequence for use on all citation notices ( in accordance with applicable court rules), instructions to accompany each issued Citation (including in such instructions a description of basic court procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations including with respect to coordinating with the Department of Motor Vehicles), and technical support documentation for applicable court and judicial officers.
1.8. "Equipment" means any and all cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the 2 01107/04 10.\0
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Redflex System, including but not limited to all camera systems, housings and poles.
1.9. "Fine" means a monetary sum assessed for Citation, including but not limited to bail forfeitures, but excluding suspended fines.
1.10. " Governmental Authority" means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any ofthe foregoing.
1.11. " Installation Date" means the date on which Redflex completes the construction and installation of at lea~t
two (2) Intersection Approaches in
accordance with the terms of this Agreement so that such Intersection Approach is operational for the purposes of functioning with the Redlight Photo Enforcement Program.
1.12. " Intellectual Property" means, with respect to any Person, any and all now known or hereafter known tangible and intangible (a) rights associated- with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights ( of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing), of such Person.
1.13. " Intersection Approach" means a conduit of travel with up to four (4) contiguous lanes from the curb (e.g., northbound, southbound, eastbound or westbound) on which at least one (1) digital, rear shot multiple image color camera and at least one (1) digital face camera, together with all other components of the Redflex System, including the SmartSceneTM System have been installed by Redflex and are operating for the purposes of facilitating Redlight Photo Enforcement by the City.
1.14. " Operational Period" means the period of time during the Term, commencing on the Installation Date, during which the Redlight Photo Enforcement Program is functional in order to- permit the identification and prosecution of Violations at the Designated Intersection Approaches by the Authorized Officer and the issuance of Citations for such approved Violations using the Redflex System.
1.15. " Person" means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association.
1.16. " Project Manager" means the officiatappointed by the City in accordance with this Agreement, which shall initially be the City Engineer, or such person as the City shall designate by providing written notice thereof to Redflex from time to time. The Project Manager shall be responsible for overseeing the installation of the Intersection Approaches and the implementation of the Redlight Photo Enforcement Program, and which manager shall have the power and authority to make management decisions relating to the City's obligations pursuant to this 3 01/07/4 ID -\1
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Agreement, including but not limited to change order authorizations, subject to any limitations set forth in the City's
charter or other organizational documents
of the City or by the City Council or other governing body ofthe City.
1.17. " Potential Violation" means, with respect to any motor vehicle passing through a Designated Intersection Approach, the data collected by the Reqflex System with respect to such motor vehicle, which data shall be processed by the Redflex System for the purposes of allowing the Authorized Officer to review such data and determine whether a Violation has occurred.
1.18. " Proprietary Property" means, with respect to any Person, any ,written or tangible property owned or used by such Person in connection with such Person'sbusiness, whether or not such property is copyrightable or åIso qualifies as Confidential Information, including without limitation produc.ts, samples, equipment, files, lists, books, notebooks, records, docmnents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices.
1.19. " Redflex Marks" means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to Redlight Photo Enforcement at any time during the Term
this Agreement, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing.
1.20. " Redflex Project Manager" means the project manager appointed by Redflex in accordance with this Agreement, which project manager shall initially be as designated by the City Manager, or such person as Redflex shall designate by providing written notice thereof to the City from time to time, who shall be responsible for overseeing the construction and installation of the Designated Intersection Approaches and the implementation the Redlight Photo Enforcement Program, and who shall have the power and authority to make management decisions relating to Redflex'sobligations pursuant to this Agreement, including but not limited to change-order authorizations.
1.21. " Redflex System" means, collectively, the SmartCamTM System, the SmartOpsTM System, the SmartSceneTM System> the Redlight Photo Enforcement Program, and all of the other equipment, flash units, applications, back office processes and digital red light traffic enforcement cameras, sensors, components, products, software and other tangible and intangible property relating thereto.
1.22. " Redlight Photo Enforcement Program" means the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and detectors ( whether loop, radar, video sensor or other) which, collectively, are capable of measuring Violations and recording such Violation data
in the form ofphotographic images of motor vehicles and/or their drivers. 4 \
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1.23. " Redlight Violation Criteria" means the standards and criteria by which Potential Violations will be evaluated by the Authorized. Officer, which standards and criteria shall include, but are not limited to, the duration oftime that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities.
1.24. " SmartCamTM System" means the proprietary digital speed and redlight photo enforcement system of Redflex relating to the Redlight Photo Enforcement Program.
1.25. " SmartOpsTM System" means the proprietary back-office processes of Redflex relating to the Redlight Photo Enforcement Program.
1.26. " SmartSceneTM System" means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data.
1.27. " Traffic Signal Controller Boxes" means the signal controller interface and detector, including but not limited to the radar or video loop, as the case may be.
1.28. " Violation" means any traffic violation contrary to the terms of the Vehicle Code or any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate or registration.
1.29. " Violations Data" means the images and other Violations data gathered by the Redflex System at the Designated Intersection Approaches.
1.30. " Warning Period" means the period of thirty (30) days after the Installation Date.
2. TERM. The term of this Agreement shall commence as of the date hereof and shall continue for a period of five (5) years ( the "Initial Term"). The City shall have the right, but not the obligation, to extend the term of this Agreement for up to two (2) additional consecutive one (1) year periods following the expiration of the Initial Term (each, a "Renewal Term" and collectively with the Initial Term, the "Term").
The City may exercise the right to extend this Agreement for a Renewal Term by providing written notice to Redflex not less than thirty (30) days prior to the last day of the Initial Term or the Renewal Term, as the case may be.
3. SERVICES. Redflex shall provide the Redlight Photo Enforcement Program to the City with respect to the Designated Intersection Approaches, in each case in accordance with the terms and provisions set forth in this Agreement.
3.1. INSTALLATION. With respect to the construction of the Designated Intersection Approaches and the installation of the Redflex System at such Designated Intersection Approaches, the City and Redflex shall have the respective rights and obligations set forth on Exhibit B attached hereto.
3.2. MAINTENANCE. With respect to the maintenance ofthe Redflex System at the Designated Intersection Approaches, the City and Redflex shall have the respective rights and obligations set forth on Exhibit C attached hereto.
3.3. VIOLATION PROCESSING. During the Operational Period, Violations shall be processed as follows:
3. 1. 3 All Violations Data shall be stored on the Redflex System; 01107/04
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3. 2. 3
The Redflex System shall process Violations Data gathered fro~ the Designated Intersection Approaches into a format capable of review by the Authorized Officer via the Redflex System;
3.. 3 The Redflex System shall be accessible by the Authorize~ Officer and Project Manager through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser;
3.4. 3 Redflex shall provide the Authorized Officer and Project Manager with access to the Redflex System for the purposes of reviewing. the preprocessed Violations Data within seven (7) days of the gathering of the Violation Data from the applicable Designated Intersection Approach;
3.5. 3 The City shall cause the Authorized Officer to review the ViQlations Data and to determine whether a citation shall be issued with respect to each Potential Violation captured within such Violation Data, and transmit each such determination in the form of an Electronic Signature to Redflex using the software or other applications or procedures provided by Redflex on the Redflex System for such purpose, and REDFLEX HEREBY
ACKNOWLEDGES AND AGREES THAT THE DECISION' TO ISSUE A
CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE
DECISION OF THE AUTHORIZED OFFICER AND SHALL BE MADE
IN SUCH AUTHORIZED OFFICER'S SOLE DISCRETION (A
CITATION DECISION"), AND IN NO EVENT SHALL REDFLEX
HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION
3.3. 6 DECISION; With respect to each Authorized Violation, Redflex shall print and mail a Citation within five (5) days after Redflex's receipt of such authorization; provided, however, during the Warning Period, warning violation notices shall be issued in respect of all Authorized Violations;
3.3. 7 The City shall track the collection of Fines assessed on each Citation and complete and accurate records shall be maintained by the City with respect to each such Citation;
3.3. 8 Redflex shall provide a toll-free telephone number for the purposes of answering citizen inquiries, responding to complaints and scheduling appointments during which recipients of Citations may view the applicable Violations Data, and Redflex shall provide necessary personnel for such purpose;
3.3. 9 Redflex shall permit the Authorized Officer and Project Manager to generate monthly reports using the Redflex Standard Report System.
3. 10. 3Upon Redflex'sreceipt of a written request from the City and in addition to the Standard Reports, Redflex shall provide, without cost to the City, reports regarding the processing and issuance of Citations, the maintenance and downtime records of the Designated Intersection Approaches and the functionality of the Redflex System with respect thereto to the City in such format and for such periods as the City may reasonably request; provided, however, Redflex shall not be obligated to provide in excess of six (6) such reports in any given twelve (12) month period without cost to the City; 6 01107/04 10-l4-
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3.3.11 Upon the City's receipt of a written request from Redflex, the City shall provide, without cost to Redflex, reports. regarding the prosecution of Citations and the collection of fines, fees and other monies in respect thereof in such format and for such periods as Redflex may reasonably request; provided, however, the City shall not be obligated to provide in excess of six 6) such reports in any given twelve (12) month period without cost to Redflex;
3.3.12 During the four (4) month period following the Installation Date and upon Redflex'sreceipt of a written request from the City at least fourteen ( 14) calendar days in advance of court proceeding, Redflex shall provide expert witnesses for use by the City in prosecuting Violations; provided, however, the City shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expertwiínesses; and
3.3. 1 During the four ß) month period following theInstallation Date, Redflex shall provide such training to police personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses onbehalf of the City withrespect to the Redlight Enforcement Program.3.4. PROSECUTION AND COLLECTION; COMPENSATION. The City shall diligently prosecute Citations and thecollection of all Fines inrespect thereof, and Redflex shall have the right toreceive, and the City shall beobligated to pay, the compensation set forth on Exhibit Dattached
hereto. 3.5. OTHER RIGHTS AND OBLIGATIONS. During the Term, inaddition to all of
the other rights and obligations set forth in this Agreement, Redflex and the City shall have the respective rights and obligations set forth on Exhibit E attached
hereto. 3.6. CHANGE ORDERS. The City may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Redflex, setting forth inreasonable detail the proposed changes ( a
Change Order Notice"). UponRedflex'sreceipt of a
Change Order
Notice, Redflex shall deliver a written statement describing the effect, if any, the proposed changes would have on the pricing terms set forth in Exhibit D ( the Change Order Proposal"), which Change Order Proposal shall include ( i) adetailed breakdown of the charge and schedule effects, ( ii) adescription of any resulting changes to the specifications and obligations of the parties, ( iii) aschedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the City. Following theCity' sreceipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule forimplementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change involves only the addition of equipment or services to the existing Designated Intersection Approaches, or the addition ofIntersection Approaches to becovered by the terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the parties to
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reach agreement with respect to any of the foregoing as a result of any changes shall not be deemed to be a breach of this Agreement, pr° sed an J'° any disagreement shall be resolved in accordance with Section 10.
4. LICENSE; RESERVATION OF RIGHTS.
4.1 License. Subject to the terms and conditions of this Agreement, Redflex he~eby grants the City, and the City hereby accepts from Redflex upon the terms and conditions herein specified, a non-exclusive, non-transferable license during the Term ofthis Agreement to: (a) solely within the City ofENCINITAS, access and use the Redflex System for the sole purpose ofreviewing Potential Viola~ions and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any content posted on the Redflex System in' connection therewith, (b) disclose to the public
including outside of tl).e City of
ENCINITAS) that Redflex is providing services to the City in connection with Redlight Photo Enforcement Program pursuant to the terms of this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness or education, or other publications or materials relating to the Redlight Photo Enforcement Program, so long as any and all such publications or materials are approved in advance by Redflex. .
4.2 RESERVATION OF RIGHTS. The City hereby acknowledges and agrees that:
a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the City neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of City pursuant to this Agreement, the City shall gain no additional right, title or interest therein.
4.3 RESTRICTED USE. The City hereby covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, (d) use any trademarks or other marks other than the Redflex Marks in connection with the City's use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or (e) disassemble, decompile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex System, including but not limited to any Equipment, or to any, Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any of the foregoing.
4.4 PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The City shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any 8 01107/04
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registrations
or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent ofRedflex.
4.5 INFRINGEMENT. The City shall use its reasonable best efforts to give Redflex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex's Intellectual Property or that constitute a misappropriation oftrade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. In the event that Redflex commences any enforcement action under this Section 4.5, then the City shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the City for any reasonable costs incurrc::din providing such cooperation and assistance.
4.6 INFRINGING USE. The City shall give Redflex prompt written notice of any action or claim action or claim, whether threatened or pending, against the City alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the City shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex in
the defense thereof; provided, that Redflex shall reimburse the City for any reasonable costs incurred in providing such cooperation and assistance. . If such a claim is made and Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the City the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items.
5. REPRESENTATIONS AND WARRANTIES.
5. I Redflex Representations and Warranties~
5. I. I.Authority. Redflex hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder.
5.1. 2 Professional Services. Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Redflex System, subject to applicable law, in compliance with all specifications provided to Redflex by the City.
5.2 City Representations and Warranties.
5. 12.Authority. The City hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder.
5.22.Professional Services. The City hereby warrants and represents that any and all services provided by the City pursuant to this Agreement shall be performed in a professional and workmanlike manner.
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5.3 LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KÌND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM ,OR
ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CITY'S USE OF ANY OF THE FOREGOING. NOTWITHSTANDING
ANYTHING TO THE CONTRARY SET FORTH HEREIN, REDFLEX DOES
NOT WARRANT THAT ANY OF THE DESIGNATED INTERSECTION
APPROACHES OR THE REDFLEX SYSTEM WILL OPERATE IN THE WAY
THE CITY SELECTS FOR USE, OR THAT THE OPERATION OR USE
THEREOF WILL BE UNINTERRUPTED. THE CITY. HEREBY
ACKNOWLEDGES THAT THE REDFLEX SYSTEM MAY MALFUNCTION
FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS
AGREEMENT, REDFLEX SHALL DILIGENTLY ENDEAVOR TO ,CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER.
6. TERMINATION.
6.1 Termination. Either party shall have the right to terminate this Agreement immediately by written notice to the other if (i) the other party commits any breach of any of the provisions of this Agreement which breach is not remedied within forty-five (45) calendar days (or within such other time period as the City and Redflex shall mutually agree, which agreement shall not be unreasonably withheld
or delayed) after written notice from the non-breaching party setting forth in reasonable detail the events which caused the breach, or (ii) State or federal law prohibits or substantially changes the operation of red light photo enforcement systems, (including legislation rendering Redflex systems evidence inadmissible in a court of competent jurisdiction) and (iii) , following an audit of the revenue generated during any 12 consecutive month period after the installation date> and costs incurred by City, utilizing standard accounting procedures, the results thereof establish that City's
net recovery after deducting all
of system lease payments paid to Redflex during the said twelve month period is less than 100% of the amount of revenue collected during said period, then both parties shall meet and confer in good faith within thirty (30) days and shall make reasonable efforts to agree upon a new compensation formula. If after 90 days subsequent to the parties use of the new formula, the City's net recovery continues to be less than 100% of the amount of revenue collected for the 90 day period, the City may terminate this Agreement. The rights to terminate this Agreement given in this Section 6.1 shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement.
6.2 PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relieve either party of any liability that accrued prior to such termination. Except as set forth in Section 6.3, upon the termination of this Agreement,
all of the provisions of this Agreement shall terminate and:
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Approaches and services in connection with the Redlight Photo Enforcement Program, (ii) promptly deliver to the City any and all Proprietary Property ' of the City provided to Redflex pursuant to this Agreement, (iii) promptly deliver to the .
City a final report to the City regarding the collection of data and the issuance of Citations in such format and for such periods as the City may reasonably req,uest, and which final report Redflex shall update or supplement from time to time when and if additional data or information becomes available, (iv) promptly deliver to City a final invoice stating all fees and charges properly owed by City to Redflex for work performed and Citations issued by Redflex prior to the termiNation, and v) provide such assistance as the City may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement.
6.22. The City shall (i) immediately cease using the Redlight Photo Enforcement Program, accessing the Redflex System and using any other Intellectual Property of Redflex, (ii) promptly deliver to Redflex any and all Proprietary, Property of Redflex provided to the City pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by City to Redflex for work performed and Citations issued by Redflex prior to the termination. '
6.32.Unless the City and Redflex have agreed to enter into a new agreement relating to the Redlight Photo Enforcement Program or have agreed to extend the Term of this Agreement, Redflex shall remove any and all Equipment or other materials of Redflex installed in connection with Redflex's performance of its obligations under this Agreement, including but not limited to housings, poles and camera
systems, and Redflex shall restore the Designated Intersection Approaches to substantially the same condition such Designated Intersection Approaches were in immediately prior to this Agreement.
6.3 SURVIVAL. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement: Sections 4.2 Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2 (City Representations and Warranties), 5.3 (Limited Warranty), 7 (Confidentiality), 8 Indemnification and Liability), 9 ( Notices), 10 ( Dispute Resolution), 11.1 Assignment), 11.17 ( Applicable Law), 11.16 ( Injunctive Relief; Specific Performance) and 11.18 (Jurisdiction and Venue), and those provisions, and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions of this Agreement.
7. CONFIDENTIALITY. During the term of this Agreement and for a period of three (3) years thereafter, neither party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential Information learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement unless otherwise required by law. Upon termination of this Agreement, each party shall return to the other all tangible Confidential Information of such party. Each party shall retain in confidence and not disclose to any third party any Confidential Information without the other party's
express written consent, except (a) to its employees who are reasonably 11 01107/04 10-1'
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required
to have the Confidential Information, (b) to its agents, representatives, attorneys and other professional advisors that need to know such Confidential Information, provided that such parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records.
8. INDEMNIFICATION AND LIABILITY.
8.1 Indemnification by Redflex. Redflex hereby agrees to defend and indemnify the City and its affiliates, shareholders or other interest holders, managers, officers, elected officials, employees, directors, agents, representatives and successors, permitted assignees and. each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them (individually a City Partv" and collectively, the "City Parties") against, and to protect, save and keep harmless the City Parties from, and to pay on behalf of or reimburse the City parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, stop notices or mechanics liens, suits, judgments, settlements, costs, expenses and disbursements ( including reasonable attorneys' accountants' and expert witnesses' fees) of whatever kind and nature (collectively, "Losses" which may be asserted against, imposed on or incurred by any City Party arising out of or related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Redflex contained in Agreement, or failure by Redflex to pay any supplier of materials or labor in connection with its performance of this Agreement; (b) the acts or omissions, or the willful misconduct of Redflex, its employees or agents which result in death or bodily injury to any natural person including third parties) or any damage to any real or tangible personal property including the personal property of third parties), except to the extent caused by the willful misconduct ofany City Party.
8.2 Indemnification by City. Subject to Section 8.3, the City hereby agrees to defend and indemnify Redflex and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any of them ( individually a " Redflex Party" and collectively, the "Redflex Parties") against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of the City contained in this Agreement, (b) the negligent or willful misconduct of the City, its employees, contractors or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property ( including the personal property of third parties), except to the extent caused by the negligent or willful misconduct of any Redflex Party, (c) any claim, action or demand not caused by Redflex's failure to perform its obligations under this Agreement, or (d) any claim, action or demand 12 01107/04 \ 0-)... 0
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challenging
the City's
use of the Redflex System or any portion thereof, the
validity of the results of the City's
use of the Redflex System or any portion
thereof, or the validity ofthe Citations issued, prosecuted and collected as a result of the City's
use of the Redflex System or any portion thereof.
8.4 LIMITED LIABILITY. Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or any duty at common or civil law, for any indirect, incidental, special, lost, profits or consequential damages, however caused and on any theory of liability arising out of or relating to this Agreement.
9. NOTICES. Any notices to be given hereunder shall be in writing, .and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed first class, certified mail, return receipt requested, postage and registry fees prepaid, or (c) one Business Day after being d¡:livered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, if the courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party'as follows:
9.1 Notices to Redflex:
Redflex Traffic Systems, Inc.
15020 North 74th Street
Scottsdale, AZ 85260
Attention:
Ms. Karen Finley
Facsimile: (480) 607-0752
With a copy to:
Alschuler Grossman Stein & Khan LLP
2049 Century Park East
39th Floor
Los Angeles, CA 90067
Attn: Michael B. Miller, Esq.
Facsimile: (310) 552-6077
9.2 Notices to the City:
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
Attention: Kerry 1. Miller, City Manager
Facsimile: (760) 633-2627
IO.DISPUTE RESOLUTION. Upon the occurrence of any dispute or disagreement between
the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the 13 01/07/4 ID .;<. 1
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lO.DISPUTE
RESOLUTION. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the Dispute"), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 10, and in the event that either of the parties concludes in goo~ faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation.
11. MISCELLANEOUS.
11.1 Assignment. Neither party may assign all or any portion of this Agreement without the prior written consent of the other, provided, however, the. City hereby acknowledges and agrees that the execution ( as outlined in Exhibit F), delivery and performance of Redflex'srights pursuant to this Agreement shall require a significant investment by Redflex, and that in order to finance such investment, Redflex may be required to enter into certain agreements or arrangements Financing Transactions") with equipment lessors, banks, financial institutions or other similar persons or entities ( each, a "Financial Institution" and collectively, Financial Institutions"). The City hereby agrees that Redflex shall have the right to assign, pledge, hypothecate or otherwise transfer ("Transfer") its rights, or. any of them, under this Agreement to any Financial Institution in connection with any Financing Transaction between Redflex and any such Financial Institution, subject to the City's prior written approval, which approval shall not be unreasonably withheld or delayed. The City further acknowledges and agrees that in the event that Redflex provides written notice to the City that it intends to Transfer all or any of Redflex's rights pursuant to this Agreement, and in the event that the City fails to provide such approval or fails to object to such Transfer within forty-five (45) business days after its receipt of such notice from Redflex, for the purposes of this Agreement, the City shall be deemed to have consented to and approved such Transfer by Redflex.
Notwithstanding the above, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns.
11.2 MOST FAVORED CUSTOMER
For the complete period covered by this Agreement, Redflex represents that all of the prices, terms, warranties, benefits and conditions granted by Redflex herein are comparable to or better than the same offered by it to any present or future Customer of Redflex within San Diego County. In the event the City in its sole discretion determines otherwise, the City may compel Redflex to execute an amendment to this Agreement so that City may receive the same price, term, warranty, benefit or condition enjoyed by said present or future customer.
11.3 RELATIONSHIP BETWEEN REDFLEX AND THE CITY. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. The relationship between the parties shall be that of independent contractors, 4 01107/04 10 .J-)
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11.4 AUDIT RIGHTS. Each of parties hereto shall have the right to audit the books and records of the other party hereto (the "Audited party") solely for the purpose of verifying the payments, if any, payable pursuant to this. Agreement.
Any such audit shall be conducted upon not less than forty-eight (48) hours' prior notice to the Audited party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the.Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25%) of the amount of actually owing, the ç:ost of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non-Audited Party shall promptly refund to the Audited Party the amount ofthe excess.
11.5 FORCE MAJEURE. Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission by Redflex, and unusually severe weather. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay.
11.6 ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties, and there are no other agreements (other than invoices and purchase orders), whether written or oral, which affect its terms.
This Agreement may be amended only by a subsequent written agreement signed by both parties.
11.7 SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remmnder of the affected provision.
11.8 WAIVER. Any waiver by either party of a breach of any provision ofthis Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof.
11.9 CONSTRUCTION Except as expressly otherwise provided in this Agreement, this Agreement shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be construed more strictly against either party.
11.10 HEADINGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to affect the meaning, interpretation
or applicability of this Agreement or any term, condition or provision hereof.
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11.11 EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Anyone of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Agreement, and no party shall be required to produce an original or all of such counterparts in making such proof.
11.12 COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and o~er documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent ofthis Agreement.
11.13 REMEDIES CUMULATIVE. Each. and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one ofthem shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of anyone remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy.
11.14 BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the parties hereto and their respective executors, administrators, successors and permitted assigns.
11.15 COMPLIANCE WITH LAWS. Nothing contained in this
Agreement shall be construed to require the commission of any act contrary to law,
and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent of the Parties as expressed in this Agreement.
11.16 NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a party to this Agreement.
11.17 INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The parties hereby agree and acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted Use) or 7 Confidentiality) of this Agreement would result in severe and irreparable injury to the other party, which injury could not be adequately compensated by an award of money damages, and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of any material term, condition or provision of this Agreement, or to enjoin or prevent such a breach, including without limitation an action for specific performance hereof.
11.18 APPLICABLE LAW. This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of California, United States.
11.19 JURISDICTION AND VENUE. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction and venue of 16 01/07/4
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the
courts located in the County of San Diego, California and both parties specifically agree to be bound by the jurisdiction and venue thereof. ' The remainder ofthis page is left intentionally blank)
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IN
WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe day and year first set forth above. '
City" " Redflex"
CITY OF ENCINITAS REDFLEX TRAFFIC SYSTEMS, INC.,
a Delaware corporation
By:
By:
Name:
Title:
APPROVED AS TO FORM:
By:
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2026-09-16 Item #12B Page 100 of 287
EXHIBIT "A"
Designated Intersection Approaches
The contract is for the implementation of up to 10 intersections with up to 20 approaches.
Identification of enforced intersection will be as directed by the City, as warranted by community safety and traffic needs, as well as Engineering intersection analysis.
The primary intersections under consideration for automated enforcement include, but are not limited to:
1. Encinitas Blvd. Westlake/Quail Gardens
2. EI Camino Real Old Target Ctr
3. Encinitas Blvd. Vulcan Ave.
4. EI Camino Real Encinitas Blvd.
5. Encinitas Blvd. Via Cantebria
6. Encinitas Blvd. Calle Magdalena
7. EI Camino Real Olivenhain Road
8. EI Camino Real Mtn. Vista Dr.
9. Manchester Ave. Mira Costa College
10. Leucadia Blvd. Town Center PI.
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EXHIBIT "
ß" Construction and Installation
Obligations Timeframe for
Installation Redflex will have each specified intersection installed and activated in phases in accordance with animplementation plan to be mutually agreed to by Redflex Trllffic Systems and the
Municipality. Redflex will use reasonable commercial efforts to install the system inaccordance with the schedule set forth in theimplementation plan that will beformalized upon project
commencement. Redflex will use reasonable commercial efforts to install and activate the first specified intersection ( with a minimum of2 approaches) within the first sixty (60) days subsequent to the date of this contract. Redflex will conduct video monitoring, ofintersections and/ or approaches, analyze the number of violations, and provide the City with sl1ch data and analysis within 30 days of receiving arequest for same from the City. Redflex will use reasonable efforts to install and activate all other intersections and/or approaches within 60 daysof issuance ofa Notice to Proceed (Change Order) by the City. The Municipality agrees that the estimated timeframe for installation and activation are subject toconditions beyond the control ofRed flex and are not
guaranteed. I. Redflex Obligations. Redflex shall do or cause to be done each of the following ( in each case, unless otherwise stated below, atRedflex' ssole expense): 1.1. Appoint the Redflex Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Redflex Project
Manager; 1.2. Request current "as-built" engineering drawings for the Designated Intersection Approaches ( the "Drawings") from the city traffic engineer; 1.3. Develop and submit to the City for approval construction and installation specifications inreasonable detail for the Designated Intersection Approaches, including but not limited tospecifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; 1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches (collectively, the "Approvals"), which will include compliance with City permit
applications. 1.5.Finalize theacquisition of the
Approvals; 1.6. Submit to the City apublic awareness strategy for theCity'sconsideration and approval, which strategy shall include media and educational materials for theCity's approval or amendment ( the "Awareness
Strategy"); 1.7. Develop the Redlight Violation Criteria inconsultation with the City; 1.8. Develop the Enforcement Documentation for approval by the City, which approval shall not beunreasonably
withheld; 1.9. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersection Approaches ( under thesupervision of the
City);
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1.10. Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations;
1.11. Install and test the functionality ofthe Designated Intersection Approaches with the Redflex System and establish fully operational Violation processing capability with the Redflex System;
1.12. Implement the use of the Red~ex System at each of the Designated Intersection Approaches;
1.13. Deliver the Materials to the City;
1.14. Issue "warning letters" for Authorized Violations which occurred at each Designated Intersection Approach during the Warning Period;
1.15. During the Warning Period, Redflex shall provide training (i) for up to fifteen (15) personnel of the City, including but not limited to the persons who City shall appoint as Authorized Officers and other persons involved in the administration of the Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the aggregate, (iii) regarding the operation of the Redflex System and the Redlight Photo Enforcement Program, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation;
1.16. Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, the establishment of a court hearing schedule for adjudicating upon Citations, and coordination between Redflex, the City and juvenile court personnel; and
1.17. Provide reasonable public relations resources and media materials to the City in the event that the City elects to conduct a public launch of the Redlight Photo Enforcement Program.
2. CITY OBLIGA nONS. the City shall do or cause to be done each of the following in each case, unless otherwise stated below, at City's sole expense):
2.1. 1. Appoint the Project Manager and Authorized Officer;
2.. 1. Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities;
2.3. 1 Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Redlight Photo Enforcement Program;
2.4. 1. Provide assistance to Redflex in obtaining access to the records data of the Department of Motor Vehicles in Redflex's
capacity as an independent
contractor to the City;
2.5. 1. Assist Redflex in seeking the Approvals
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2. 6. 1
Provide reasonable access to the City's properties and facilities in order to permit Redflex to install and test the. functionality of the Designated Intersection Approaches and the Redlight Photo Enforcement Program;
2.7. 1. Provide reasonable access to the personnel of the City and reasonable information about the specific operational requirements of such perso¡mel for the purposes of performing training;
2.8. 1. Provide the services of necessary personnel during the Warning Period;
2.9. 1. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and. program materials ( the "Materials") that the City will require in order to implement the Awareness Strategy during the period commencing on the date on which Redflex begins the installation of any of the Designated. Intersection Approaches and ending one (1) month after the Installation Date;
2. 10. 1Assist Redflex in developing the Redlight Violation Criteria; and
2. 11.Seek approval of the Enforcement Documentation.
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EXHIBIT "c"
MAINTENANCE
I. All repair and maintenance of camera systems and all related equipment wiJl be the sole responsibility of Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti-free condition.
2. Redflex shall not open the Traffic Signal ControJler Boxes without a representative of
City Traffic Engineering present.
3. The provision of all necessary electrical and telephone services to the Designated Intersection Approaches will be the sole responsibility ofthe City. 4 The Redflex Project Manager ( or a reasonable alternate) shall be available to the Project Manager each day, on a reasonable best efforts basis. 23 tð.3/ 01107/04
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EXHIBIT "D"
COMPENSATION & PRICING
Compensation shall be in the form of a Fixed Fee of $5,370 per month per Intersection Approach beginning at the conclusion ofthe 30 day Warning Period and continuing until contract expiration or termination, in accordance with the provisions as set forth herein.
Redflex shall invoice the City monthly. The monthly fee shall be reduced on a.prorated basis for any hours or days when any system is not fully operational. 24 01107/04 10 .3.<
2026-09-16 Item #12B Page 106 of 287
BUSINESS
ASSUMPTIONS FOR ALL PRICING OPTIONS:
I. Redflex construction will be able to utilize existing conduit for installation where space is available. Where it is determined by both parties that additional conduit is necessary, the cost shall be born by Redflex, however, the City shall provide at no cost the necessary encroachment permits.
2. The City agrees to pay Redflex within thirty (30) days after the invoice is received.
A monthly late fee of 1.5% is payable for payments past due 60 days.
3. Prices do not include supply of power and supply of DSL, cable or other broadband services. The City shall be solely respopsible for power and communication infrastructure.
4. Once each year on the anniversary date of the contract, the pricing will increase by the Cpr. CPI will be derived from the publication òf the U.S. Department of Labor Consumer Price Index for U.S. City average. The index to be used is the 'West A". 1, 000500,residents or more)
5. An 8% annual downtime will be permitted for regularly scheduled routine maintenance by Provider, so long as such maintenance is performed on non-peak, midweek days (Tuesday through Thursday). Any pro-rata rate adjustment will not apply to the 8% downtime for regular maintenance.
25 01/07/4
33 2026-09-16 Item #12B Page 107 of 287
Exhibit "E"
Additional Rights and Obligations
1. Redflex and the City shall respectively have the additional rights and obligations set forth below:
2. Redflex shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Redlight Photo Enforcement Program (actually print and production costs are the sole responsibility of the City).
3. The City shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, ,rule or regulation of any Governmental Authority ("Signage"), including but not limited to the Vehicle Code, and shall assist in determining the placement of such Signage, and the City hereby acknowledges and agrees that the City shall be solely responsible for installing such Signage.
4. The City shall be solely responsible for the installation of LED lights at enforced intersections.
5. The Redflex Project Manager, the Authorized Officer; and the Project. Manager shall meet on a weekly basis during the period commencing as of the date of execution hereof and ending on the Installation Date, and on a monthly basis for the remainder of the Term, at such times and places as the Redflex Manager and the City Manager shall mutually agree in the City of Encinitas.
6. The City shall not access the Redflex System or use the Redlight Photo Enforcement Program in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Redflex System or the Redflex Photo Enforcement Program with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or which could damage, disable, impair or overburden the Redflex System or the Redflex Photo Enforcement Program, and the City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Redflex System, or (iii) any materials or information not intentionally made available by Redflex to the City by means of hacking, password mining or any other method whatsoever, nor shall the City cause any other Person to do any of the foregoing.
7. The City shall maintain the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Redlight Photo Enforcement Program.
8. Each of Redflex and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Redflex and the City shall obey any and all such rules and regulations.
9. The City shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the City, or any of its employees, contractors or agents. 26 01/07/4 10-34-
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Insurance 1. During the Term, Redflex shall procure and maintain and Redflex'ssole cost and expense the following insurance coverage with respect to claims for injuries to persons, errors and ommissions, or damages to property which may .arise from or in connection with the performance of work or services pursuant to \ his Agreement by Redflex, and each of Redflex's subcontractors, agents, representatives and employees:
2. Commercial General Liability Insurance. Commercial General Liability Insurance with coverage of not less than One Million Dollars ($1. 000) 000, combined single limit per occurrence for bodily injury, errors and ommissions, and property damage;
3. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance with coverage of not less than One Million Dollars ($1, 000) 00, combined single limit per occurrence for bodily injury or property damage, including but not limited to coverage for all automobiles owned by Redflex, hired by Redflex, and owned by third parties;
4. Professional Liability (Errors and Omissions) Insurance. Redflex will procure and maintain Professional Liability ( Errors and Omissions) Insurance with coverage of not less than One Million Dollars ($1, 000) 000,per occurrence and in the aggregate.
5. Workers' Compensation and Employer's Liability Insurance. Workers' Compensation Insurance with coverage of not less than the limits required by the Labor
Code of the State of California, Employer's Liability Insurance with coverage of not less than One Million Dollars ($1, 000) 00,per occurrence.
6. With respect to the insurance described in Exhibit E, any deductibles or selfinsured retentions must be declared to and approved by the City, and any changes to such deductibles or self-insured retentions during the Term must be approved in advance in writing by the City.
7. With respect to the Commercial General Liability Insurance described in this Exhibit, the following additional provisions shall apply:
8. The City Parties shall be covered as additional insureds with respect to any liability arising from any act or omission of any Redflex Parties on the premises upon which any such Redflex Parties may perform services pursuant to this Agreement, liability and property coverage and such coverage shall contain no special limitations on the scope of protection afforded to such additional insureds.
9. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the City Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the City Parties shall be in excess, and not in contribution to, such insurance.
10. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the City Parties, and such insurance policies shall state that such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought. The lapse of any required insurance or insurance which is inadequate pursuant to this Agreement shall not relieve Redflex of any liability whatsoever.
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2026-09-16 Item #12B Page 109 of 287
11. With respect to the insurance described in this Exhibit, each such insurance policy shall be endorsed to state that the coverage provided thereby shall not be cancelled except after thirty (30) calendar days' prior written notice to the City. If any of the Redflex Parties are notified by any insurer that any insurance coverage will be cancelled, Redflex shall immediately provide written notice thereof to the City and shall take all necessary actions to correct such cancellation in coverage limits, and shall provide written notice to the City. of the date and nature of such correction. If Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the City shall have the right, but not the obligation and exercisable in its sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or ( ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the City for such insurance.
12. Redflex shall provide certificates of insurance and additional insured endorsements evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates and additional insured endorsements shall be delivered to the City prior to Redflex commencing any work pursuant to the terms of this Agreement.
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Exhibit F
FORM OF ACKNOWLEDGMENT AND CONSENT
THIS ACKNOWLEDGMENT AND CONSENT is entered into by and
between the City of
the "City")' and Red,flex
Traffic Systems, Inc. ("Redflex"), dated
related to that certain
Agreement dated , -' by and between the City and
Redflex ( the "Agreement") which hereby acknowledges, consents and agrees to the following (the "Consent"):
1. Redflex has financed certain operations and equipment related to its business, including but not limited to camera systems, housing and poles (the "Equipment") through certain lenders (the "Lenders"). Redflex has granted to Lenders a security interest in the Equipment, related property including software and proceeds thereto as collateral for the performance when due of its obligations ,to Lenders.
Redflex desires to assign all of its rights, but none of its liabilities or obligations under the Agreement (the "Assignment") to [Insert Name], as collateral agent for the Lenders ( the " Collateral Agent"). Redflex will not, by virtue of the Assignment, be relieved of any liability or obligation under the Agreement or otherwise, and neither Collateral Agent nor Lenders are assuming any liabilities or obligations under the Agreement. City hereby acknowledges notice of the Assignment and hereby consents thereto and to assignment to any similar subsequent financing party of Redflex, and further acknowledges that Collateral Agent or Lenders, and their respective successors and assigns, and any other subsequent future lender, may assign the rights received from Redflex.
2. Redflex hereby authorizes City upon Collateral Agent's written request to make
any payments due to Redflex under the Agreement directly to Collateral Agent, c/o [Insert Address], or to whomever Collateral Agent may from time to time direct in writing.
3. City acknowledges that the attached Exhibit A is a true, correct and complete copy ofthe Agreement.
4. City agrees that City shall not assert against Collateral Agent and Lenders any right or claim of set off, recoupment, counterclaim or other defense in respect of amounts or obligations owed by Collateral Agent and Lenders to City against amounts or obligations that City owes to Collateral Agent and Lenders under the Agreement.
5. In accordance with this Agreement, this Consent shall be deemed to be notice to City. In the event that City fails to provide such approval or object to this Consent within a reasonable time which shall include at least three weeks prior to the next City Council meeting; including this City Council meeting; and three days following the meeting after its receipt of such notice from Redflex, for the 29 01/07/4 10-37
2026-09-16 Item #12B Page 111 of 287
purposes
of this Agreement, the City shall be deemed to have consented to and approved this Consent.
IN WITNESS THEREOF, each of the undersigned have caused this Acknowledgment. and Consent to be executed by their duly elected officers duly authorized as ofthe date first above written.
CITY OF ENCINITAS REDFLEX TRAFFIC SYSTEMS INC.
By: By:
Print Name: Print Name:
Title: Title:
Date: Date:
Address: Address:
30 01/07/4
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2026-09-16 Item #12B Page 112 of 287
YYU v
cc: Council
K Miller
G Sabine
D Cervone
P Cota-Robles
R Blough
THIS PERTAINS TO TONIGHT'S
COUNCIL MEETING
AGENDA ITEM 10
2026-09-16 Item #12B Page 113 of 287
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I : Cardiff, CA 92007 !
ALL COUNCIL MEMBERS .
I! 13 January, 2004
J ¡ " i ; L¡ ~.
I ' i G ScJj' L. ìI/. r' ; t.hj ¡, , TO: ENCINITA CITY COUNCIL MEMBERS ¡ b ~ Jj-(VLL, . I ,. 1 : RE: RED LIGHr fAM",ERA VOTE ;
r ot: cd~- l-<JLL :
J. ; rZ ~{QL{ cjt ' i I . Dear Council Memb rs, : i ;
We want "to urge yo td vote' to REJECT the proposal for red-.light cameras in ; i I :, EnCinitaS at tomorro ' Simeetin9". It is o~r
belief ~hat the cam~ras ~iIJ lead to ;
i ' overly dangerous dr in~ at ~he affected intersections. Althou~h neither of Us .
I has ever been stop for rl!nning a red light, I can see us sl~mming on :the ; brakes to avoid. goin t~rouQh a yellow light (which might tur~ red befo~ we ! clear the intersectio ). , We ~n also imagine people accelerating through yellow , lights to avoid the si n~1 change to red. Although the camer~s might dis~ourage ; I. the blatant law-brea ers, it ~ould make the rest of us overly ~and dangerously) ; II . cautious...to the poi t ~f res~lting in accidents that would ne"jer occur eXcept for ; the threat of a traffi tiçket.. ;,' i
I '! .
I ! ; We also want to sa thbt, sir)ce the majority of cameras WOUI~ be in New i Encinitas, we would av~id shopping along the EI Camino Real ;corridor in favor of , i more "driver-friend "areas of Carlsbad and Solana Beach. ; " , I ' . I . , ;
Please feel free. to c
illS
if you would like to discuss our conierns.
I ,. Thank you for your ~ Ice, ! :
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I Ed and Linda Schte be Fam!ly I ; Cardiff." I; I :
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2026-09-16 Item #12B Page 114 of 287
CITY
OF ENCINIT AS
CITY COUNCIL
AGENDA REPORT
Meeting Date: October 20, 2004
TO: City Council "
1 ~
VIA: Kerry Miller, C ~¡{;
FROM: ?tJlter Cota-Ro les, Director of Engineering Services PJ Rob Blough, Traffic Engineer
SUBJECT: Automated (Red Light Camera) Traffic Enforcement Monitoring Report BACKGROUND:
At their 2003 Goal Setting Session, City Council directed staff to consider implementing an automated red-light camera traffic enforcement system.
At their January 14, 2004 meeting, the City Council authorized the City Manager to execute a contract with Redflex Traffic Systems ( RTS) for the design and implementation of the Red Light Photo Enforcement Program.
On February 9, 2004 a contract was executed between the City and RTS.
On March 2, 2004 an engineering study was conducted and the intersection of EI Camino Real and Encinitas Boulevard was selected for photo enforcement.
In March 2004, in conformance with the requirements of State law, photo enforcement signs were installed at all major entrances to the City.
On May 10, 2004 the 30 day warning period began at the intersection of EI Camino Real and Encinitas Boulevard where violators only received a warning letter.
On June 9, 2004 the Sheriff Department began issuing citations with the photo enforcement system.
ANALYSIS:
The automated photo enforcement system has been active at the intersection of EI Camino Real and Encinitas Boulevard since May 10, 2004, approximately five months. Citations have been issued since June 9, 2004, approximately four months. The intersection has automated photo enforcement for the southbound left and through movements on EI Camino Real and the eastbound left and through movements on Encinitas Boulevard.
AR0603 T
5-1
2026-09-16 Item #12B Page 115 of 287
The
following data describes the crash data both at the intersection of EI Camino Real and Encinitas Boulevard and throughout the City's 62 signalized intersections. In addition, statistics are presented that show the number of citations that have been issued at this intersection.
The citation/warning analysis period covers the time from May 10, 2004 to September 30, 2004, a period of 4.67 months (143 days). It includes warning notices that were issued from May 10,2004 to June 9, 2004. The crash data analysis period covers up until August 31, 2004, a period of 3.67 months (113 days) since the warning period started.
Violation and Citation Data
Table 1 shows the total number of violations that have occurred for the southbound approach of EI Camino Real and the eastbound approach of Encinitas Boulevard. There have been a total of 3,328 violations recorded at the intersection ( 1,593 on Encinitas Boulevard and 1,735 on EI Camino Real). This is an average of 23 violations per day (lIon Encinitas Boulevard and 12 on EI Camino Real). Exhibit 1 shows the graph of the violations. A detailed description of each month'sviolation data is attached and is titled Customer Management Report.
Table 2 shows the total number of citations and warnings that have been issued for each direction at this intersection. There have been a total of 1,820 citations/warnings issued ( 734 on Encinitas Boulevard and 1,086 on EI Camino Real). This is an average of 13 citations per day (5 on Encinitas Boulevard and 8 on EI Camino Real). Some of the reasons that the number of citations are less than the number of violations include factors such as driver face or license plate obstructions, sun glare on the windshield, no license plates (new vehicle), poor camera images, and Sheriffs Department rejects. Exhibit 2 shows a graph of the citations.
Exhibit 3 shows the number of citations/warnings on each day of the week for the period from May 10,2004 to August 29,2004. Overall, there were more citations/warnings issued on Fridays than any other day of the week while Sundays had the least.
Crash Data
Table 3 shows the crash data for the intersection of EI Camino Real and Encinitas Boulevard and the 62 signalized intersections within the City. As can be seen, since the beginning of the automated enforcement program through August 31, 2004, there have been no crashes at the intersection of EI Camino Real and Encinitas Boulevard. This intersection had been averaging 9 crashes per year for the three years from 2000 to 2002.
Also shown in the table is the crash data for the 62 signalized intersections within the City. As can be seen, since the beginning of the photo enforcement program through August 31, 2004, there have been 46 crashes at signalized intersections within the City. This is a 13 percent reduction Citywide when compared with the average number of crashes for the three years from 2000 to 2002. More importantly, there was a 57 percent reduction in red light violation crashes Citywide during this 3.67 month photo enforcement program.
AR0603T 5'2-
2026-09-16 Item #12B Page 116 of 287
Additional
Intersections
Staff has begun evaluating additional intersections for photo enforcement. Intersections under consideration include, but are not limited to those that have been previously identified in agenda reports, as shown below:
Leucadia Boulevard- Olivenhain RoadÆl Camino Real
Encinitas Blvd/Westlake St-Quail Gardens Dr
EI Camino Real/LA Fitness Shopping Center
Encinitas Blvd/Vulcan Avenue
Encinitas Blvd/Via Cantebria
Encinitas Blvd/Calle Magdalena
EI Camino ReallMountain Vista Dr
Manchester Av/Mira Costa College
Leucadia Blvd/Town Center PI
At the City's request, RTS has provided video analysis of Leucadia Boulevard-Olivenhain RoadÆl Camino Real intersection. Based on this information, traffic counts, crash data, and related information, Staff will soon complete an engineering study to determine if photo enforcement is appropriate at this intersection. If so, Council will be informed and RTS will be requested to install the system.
IMPACTS:
Fiscal Impacts
The contract with RTS is fixed fee for $5,370 per system per month. The intersection ofEI Camino Real and Encinitas Boulevard has two systems and the total fee paid to RTS is $10,740 per month.
There have been an average of 13 citations/day issued since the inception of the program, not including the warning period. Since the collection of fines can take several months, the data of paid citations is currently incomplete. However, it appears that the program is paying for itself at this time. This intersection is the first location of this program and the selection of future installation locations may affect the fmances of this program.
Staff Impacts
The Sheriff's Department has been averaging approximately 4 man-hours per day to review the photos and digital video, authorize the citations, provide office hours for violators to review their video, and represent the Sheriff's Department at court proceedings.
The Traffic Engineering Division has been averaging approximately 5 man-hours per week to oversee the contract and program, respond to questions from the public, provide responses to public records requests, and review and monitor the data and effect of the program.
RECOMMENDATION:
This report is for information only.
AR0603T 5-3
2026-09-16 Item #12B Page 117 of 287
TABLE
1- RED LIGHT VIOLATION DATA
MONTHLY REDLIGHT VIOLATIONS
MONTH ENCINIT AS BLVD EL CAMINO REAL TOTAL
May 10 - May 31 213 317 530
June 356 389 745
July 372 379 751
August 339 283 622
September 313 367 680
TOTAL 1593 1735 3328
Note: Period from May 10 to June 9 includes warning notices.
TABLE 2 - RED LIGHT CITATION DATA
MONTHLY CITATIONS ISSUED
MONTH ENCINIT AS BLVD EL CAMINO REAL TOTAL
Mav 10-May31 115 209 324
June 170 267 437
July 172 250 422
August 134 160 294
September 143 200 343
TOTAL 734 1086 1820
Note: Period from May 10 to June 9 includes warning notices.
AR0603T 5-4-
2026-09-16 Item #12B Page 118 of 287
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2026-09-16 Item #12B Page 119 of 287
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250-
0 c
E
200 -J
Z
150
1OO~-- 50~--
0 I
MAY
10 -
31 EXHIBIT
2 -
MONTHLY
CITATION
BREAKDOWN
JUNE
JULY MONTH
AUGUST
SEPTEMBER
RIEL
CAMINO REAL 8ENCINITAS
I
BLVD
I
II
COMBINED 0
ECR &ENCINITAS BLVD)
2026-09-16 Item #12B Page 120 of 287
U\I
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200
u.e IX:mw æ:
150J
zJCl-eI100
EXHIBIT
3 -
DAILY
CITATION
BREAKDOWN (
May
10,
2004 -
August
29,
2004)
350 300 - 50
0 SUNDAY
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
DAY
FRIDAY
SATURDAY
EL
CAMINO
REAL
8ENCINTAS
BLVD
OCOMBINED
2026-09-16 Item #12B Page 121 of 287
TABLE
3 - SIGNALIZED
INTERSECTION
CRASH
DATA
TOTAL
CRASHES
RED
LIGHT
VIOLATION
CRASHES
LOCATION (
113
days) (
113
days)
2000
2001
2002
5/ 04 - 10/
8/ 0431/
2000
2001
2002
5/ 04 - 10/
8/ 0431/
Encinitas
BlvdÆl
Camino
Real
105
1102220
Citywide (
62 Traffic
Signals)
173
160
178
46 43
52 637
Note:
Cameras
were
installed
on
5/ 04. 10/
Since
this
time
there
have
been
no
crashes
at
EI
Camino
Rea1Æncinitas
Blvd
intersection.
Since
this
time
there
has
been a
13%
reduction
in
traffic
crashes
at
signalized
intersections
anda
57%
reduction
in
red
light
running
crashes
at
all
signalized
intersection
within
the
City compared
with
the
three
year (
2000-2002)
average.
Uì
1 ex)
ARO603T
2026-09-16 Item #12B Page 122 of 287
Cu8mer
Management
Report (
Encinitas)
R8Ilight
Incidents
10-
2004
to
31- 2004 ~ Mayn.-.......
Total
Violations LesslincontroJlable
Factors ---------
Obstruction
Driver
Obstruction/Due
Plate
Obstruction
Vehicle
Obstruction
PolicylWeather
Extended
Vehicle
Sun
Glare
Registration Issues
Can
Not
Identify
State
Out
of
Country
Plate
Paper
Plates
Wrong
or
No
DMV
Total______----- - Sub
Total
Violations
LesS-RejectsCamera Malfunction Police
Rejects
Total
CJ1
mzn r'nnm z 86
m Z nr'n z mn
mzr'nn m z
mzr'n z m n
530
2 0
7 8
17 7 - - - - - - -
0- - - - - -
25 - - - - - -
20 - - - - - -
52 Õ====== 1======= 3Þ======= Q====== ö - - - - - -
If - - - - - -
1- - - - - - -
0 - - - - - -
1 0= = = = = - = ~ = = = = = =
12: = = = = = =
i?
231
213
ö - - - - - - -
0- - - - - - -
Ö - - - - - - -
f - - - - - -
1 ö - - -- - - -
0-- -- -- -
1 -- - - -
0 - - - -
1 Ö-------Oa- ----
i15
0= = = = = = = ~ = = = - = = =
1{ = - = = = =
17 17 - - - - - - -
0 -- - - -
61 - - - - - -
54 - - - - -
f32
Face
Camera
Flash
I
Face
Camera
Focus
B
Face
Not
in
Frame
Mise
Camera
Issue
Plate
Bum
Out
Plate
Not
in
Frame
Rear
Plate
Flash
Inapp
Driver
Unidentifiable
Gender
Match (
police)
Unclear
Image
Unclear
Images
Vehicle
Does
Not
App
Vehicle
On
or
Passed
3 004%
0 000%
3 002%
26 016%
32 008%
0 -
000% - - -
0 -
0000/; - - -
0-
0000/'- - -
1-
001"/0 - - -
1 -
oooo/~
2-003% - - -
0 -
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10-006% - -
13 -
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3 -
oofo/~
0 -
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0 -
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i
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1-7. - -- 001°
3 -
oofo/~
2 003%
0 000%
9 005%
2 001%
13 003%
0 -
000% - - -
0-000% -
1 001 % -
0 0000}.
1 006%
1 001%0000%1001%1001%0000% 0000%
0 000%0000%0000%0OOOO¡.
0 000%0000%
10 014%
0 000%
0 000%
0 000%
0 000%
1 001%
0 000%
0 000%
1 001% -
1 001%
1 001%
0 000%1001%--- 000%- 0-
1 000%1
000%1000%3
001%1
000%1
000%
Printed
on 07- 2004ct20
012%
44 028%
Page
1 of
1 2026-09-16 Item #12B Page 123 of 287
C8mer
Management
Report (
Encinitas) _
light
Incidents
1-J
004
to
30- 204Jun=
mz m m z
0 mz m z m
Less
IIncontroJlable
Factors
Obstruction
Driver
Obstruction/Due
Plate
Obstruction
PolicylWeather
Extended
Vehicle
Sun
Glare
Registration Issues Total LesS-RejectsCamera Malfunction Police Rejects
Total
U\ D
Out
of
Country
Plate
Paper
Plates
Wrong
or
No
DMV
11-14----- 25f9= = = = = =
1>?
Q -j7
4____- --~ 3.6- - - _.?~ 0
1 17 ---
8------- 25
jQ = = = = = = =
8= = = = = =
Jß
89 - - - - - -
89-- - - -
178
Digital
Distortion
Face
Camera
Flash
I
Face
Not
in
Frame
Plate
Bum
Out
Plate
Not
in
Frame
Rear
Plate
Camera
BI
Scene
Image
No
Flash
Driver
Unidentifiable
Images
Or
Video
Do
N
Invalid
Offence
Unclear
Images
Vehicle
Does
Not
App
1 000%
0 000%
1 000%
19 -
ooi5"7o - -
50 019% - -
69-
0120/0
2-
001% - -
2" -
0080/; - -
if
0040/0
1-000% -- - -
0 -
000-°/; - - -
1-
0000/0
2-k - - - 001°
7 -
0030/; - - -
f
0020/0
0 -
OOook - - -
i -
oMo/; - - -
f
0000/0
0 -
000% - -
13 -
005% - -.,
f
0020/0
4-001% - - -"-
000% - - -
f
0010/0
1 -
000% - - -
0 -
0000/; - -- -
1-
0000/0
1-000% - - -
i -
oMo/; -- - -
f
0010/0
1-000% - - -"-
0000/; - - -
f
0000/0
1-000% - - -
0 -
0000/; - - -
f
0000/0
Printed
on 07- 2004ctPage
1 of
1 2026-09-16 Item #12B Page 124 of 287
C8mer
Manaaement
Report (
Encinitas)
a.Jlight
Incidents
1-J
04 to
31- 21104 "'-' JulLess
Uncontrollable
Factors.
Obstruction
Driver
Obstruction/Due
Motor
Cycle
Helmet
Plate
Obstruction
Policy/Weather
Extended
Vehicle
Sun
Glare Weather/Nature
Registration Issues
Paper
Plates
Wrong
or
No
DMV
Total
0 rm z m m z
mz mzm
379
751
17 14
31 n____-ð--._..n1 .-
1 uu.~C= .==
fs==. u_.?§3
3 6
3 u - - - -
11 - - - - - -
14 0= = = = = = = ~
8 - - - - - -
12- - - - - -
2Õ
ê======)====== J~ 82 - - - - - -
63- - - - - -
145
Less.Rejects-Camera
Digital
Distortion
Malfunction
Face
Camera
Flash
I
Face
Camera
Focus
B
Face
Not
in
Frame
Plate
Bum
Out
Plate
Not
in
Frame
Police
Rejects
Driver
Unidentifiable
Invalid
Offence
Process
Issues
Too
Old
Total
en
Printed
on 07- 2004ct606
0 000%
2 001%
2 000%
21..007% - -
84 -
0270/; -
105.
of?%
2-001% -
5 -
002°,{
n - -
i
001%
7 -
002% . -
32 -
010°/; - -
39-
006%
II -
001% - - -
10000/; - - -
5-
001%
2-001% - - -
6 -
0020/; - - -
a001%
3 001%
4 001%
7 001%
S- k - - - 002°
f -
0000/; - - -
6001%
3-001% - - -
2 -
001°/; - - -
5-
001%
47 016%
137
044%
184
030%
172
056%
422
010%
Page
1 of
1 2026-09-16 Item #12B Page 125 of 287
Cu8mer
Management
Report (
Encinitas)
R8tlight
Incidents
1-A
04 to
31- 2004 .. AugII
Im m Z
I
I
I
II
I
Less LJncont[QUable
Factors
Obstruction
Driver
Obstruction/Due
Plate
Obstruction
Vehicle
Obstruction
PolicylWeather
Extended
Vehicle
Sun
Glare
Registration Issues Total LessBejectsCamera Malfunction Police Rejects
Can
Not
Identify
State
Out
of
Country
Plate
Paper
Plates
Wrong
or
No
DMV
8 11
19 30 - - - - - -
y - - - - -
37 f = = = = = = =
0= = = = = = =
1 4- -
7 1 - - - - - -
J- - - - - - - ~
o
1 1
J======J§I: - - - - - - _
4- - - - - - - ~
58 35
93 Face
Camera
Flash
I
Face
Camera
Focus
B
Face
Not
in
Frame
Plate
Bum
Out
Plate
Not
in
Frame
Scene
Image
Flash
In
Scene
Image
No
Flash
DMV
Not
On
File
Driver
Unidentifiable
Incorrect
Details
Invalid
Offence Obstructed
View
Red-light
not
visible
in
Process Total
Issues
Too
Old
V\
19 008%
82 027%
101
019%
4 002%
3 001%
7 001%
3 001%
24 008%
27 005%
n 1-000% - - -
7 -
002% -
8-
002%
0 0000/0 - - -
5" - 0020;;5
001%
0 000%
1 000%
1 000%
0 -
000% - -
10 -
003-°/; -
10-
002%
0-000% - - -
2 -
oMo;; -
n -
2 000%
0-000% - - -
7 -
0020;; - - -
7 001%
1-
000% - - -
1 000% - - -
2 000%
3-001070 - - -
2 -
oMo;; - - -
5 001%
1-
000°70 - - -
0 -
0000;; - - -{
000%
0 -
000°70 - - -
1-0000;; - - -
1-
000%
25 008%
33 015%
58 011%
Printed
on 07- 2004ctPage
1 of
1 2026-09-16 Item #12B Page 126 of 287
C~mer
Management
Report (
Encinitas)
ratlight
Incidents
1-OO4S~
to
30- OO4 ~ Sep~
n""".......
0 mz0r'n0m z
mz0r'n z m 0
TotaLVìolatiohs
367
31a:
680
Less~Factors -~--- ------------------~~---- ontroJlah1~Obstruction Driver
ObstructionlDuc
10 20
30 Plate
Obstruction - - - - - -
40 -- - - - -
1Y - - - - -
52 Vehicle
Obstruction = = = = = = =
1 = = = = = = =
0= = = = = = =
j
PolicylWeather
Extended
Vehicle
Sun
Glare Weather/Nature
Registration Issues Total
Can
Not
Identify
State
Out
of
Country
Plate
Paper
Plates
Wrong
or
No
DMV
2 0
2 3 - - -- - - -
0- -- - -- - :
3 1 = = = = = = =
0= = = = = = =
j
0------ 11------- õ- - - - -- -
1 j ~ = = = = = = =
6= = = = = =
j
ß
4- - - - - - -
Z
73 - - - - - -
43- - - - - -
f16
Less
In
Progress
13 7
20Less.Rejects Camera Malfunction
Police
Rejects
Face
Camera
Flash
I
Face
Camera
Focus
B
Face
Not
in
Frame
Plate
Bum
Out
Plate
Not
in
Frame
Rear
Plate
Camera
BI
Rear
Plate
Flash
Inapp
DMV
Not
On
File
Driver
Unidentifiable
Invalid Offence
Obstructed
ViewRedlight
not
visible
Total in
Process
Issues
Too
Old
26 009%
64 024%
90 017%
Õ - ÕOO°
Ïo - - -
2 -
oMo/; - - -
i
ÕÕO%
9 - Õ03°
Ïo - -
2Õ
0080/; - -
29-
ÕÕS%
2 -
Õ01 % - - -
8 -
003°/; - -
10-
ÕÕ2%01° 2-
Ïo - - - 1
000-°/; - - -
f
ÕÕ1%1-
ÕOÕ% - - -
õ -
OOÕo/; - - -
f
ÕÕO%
1-
ÕOO% - - - Õ -
OOÕo/~ - - -
f
ÕÕO%3-
õ01o1o -
f
bÕO%
4 001%19-
Õ07% - - 19-
0õio/~ -
38-
ÕÕ7%
8---
Õ03% 2-
0010/; - .¡-
ObÕ2%
Õ02% 0o/~bõoi
001 %
Õ -
ÕOO%
2bMo/~ -
f
OÕO%
3 -õo1"
1o - - -'¡--
OÕõo/; - - -
4-
OÕ1%
81 029%
120
046%
201
037% lJì
OJ
Printed
on07- 0ct
2004
Page
1 of
2026-09-16 Item #12B Page 127 of 287
CITY OF EN CINIT AS
CITY COUNCIL
AGENDA REPORT
Meeting Date: June 15, 2005
TO: City Council. I
If I
l'
VIA:
FROM: ~
Keny
CotaMiller,
obies,
i~ .~
Director of Engineering Services
6R~ Blough, b-Traffic Engineer
SUBJECT: Annual Report on the Red Light Camera Operation BACKGROUND:
On February 9, 2004 a contract was executed between the City and Redflex Traffic Systems RTS) to implement an automated photo enforcement system at signalized intersections.
On March 2, 2004 an engineering study was conducted and the intersection of EI Camino Real and Encinitas Boulevard was selected for photo enforcement.
On May 10, 2004 the 30 day warning period began at the intersection of EI Camino Real and Encinitas Boulevard where violators only received a warning letter.
On June 9, 2004 the Sheriffs Department began issuing citations with the photo enforcement system.
ANALYSIS:
The intersection of EI Camino Real and Encinitas Boulevard has automated photo enforcement for the southbound left and through movements on EI Camino Real and the eastbound left, through, and right turn movements on Encinitas Boulevard.
This report will document the operation of the Red Light Camera System during the II-month period that it has been in operation between June 9, 2004 and April 30, 2005 (326 days). It will document the number of violations and citations that have been issued at the intersection of EI Camino Rea1/Encinitas Blvd. It will also document the number of reported crashes that have occurred at this intersection and all other signalized intersections during in the City during this same time period and the time period from 2000 to 2003. Lastly, it will document the expenses and revenues of the program and determine that the system is operating at no net cost to the City.
The violation and crash data at the intersection of EI Camino Real and Encinitas Boulevard, as well as all of the City's 62 signalized intersections, is discussed below. In addition, statistics are AR0643T éo-I
2026-09-16 Item #12B Page 128 of 287
presented that show the number of citations that have been issued at this intersection.
The citation and crash analysis period covers the time from June 9, 2004 to April 30, 2005, a period ofapproximately II months.
Violation and Citation Data
Table I shows the total number of violations that have occurred for the southbound approach ofEI Camino Real and the eastbound approach of Encinitas Boulevard. There have been a total of 5,774 violations recorded at the intersection (2,933 on Encinitas Boulevard and 2,841 on EI Camino Real). During the 326 days of operation there has been an average of 18 violations per day (9 on Encinitas Boulevard and 9 on EI Camino Real). A detailed description of each month's violation data is attached and is titled Customer Management Report.
The Sheriff'sDepartment carefully reviews each violation. Citations are only issued on those that meet criteria such as visibility of the driver and license plate number. Table 2 shows the total number of citations that have been issued for each direction at this intersection. There have been a total of3,200 citations issued (1,370 on Encinitas Boulevard and 1,830 on EI Camino Real). This is an average of 10 citations per day (4 on Encinitas Boulevard and 6 on EI Camino Real). Some of the reasons that the number of citations are less than the number of violations include factors such as driver face or license plate obstructions, sun glare on the windshield, no license plates (new vehicle), occasional poor camera images, and Sheriff'sDepartment rejects (for other reasons).
Crash Data
Table 3 shows the crash data for the intersection of EI Camino Real and Encinitas Boulevard and the 62 signalized intersections within the City. As can be seen, since the beginning of the automated enforcement program from June 9, 2004 through April 30, 2005, there have been 4 crashes at the intersection of EI Camino Real and Encinitas Boulevard. This intersection had been averaging 9 crashes per year for the four years from 2000 to 2003. There have been no red light running crashes at this intersection since the system was installed. During the previous four years, this intersection averaged 2 red light running crashes per year.
Also shown in the table is the crash data for the 62 signalized intersections within the City. As can be seen, since the beginning of the photo enforcement program through April 30, 2005, there have been 137 crashes at signalized intersections within the City. This is a 10 percent reduction Citywide when compared with the average number of crashes for the four years from 2000 to 2003. There was a 14 percent reduction in red light violation crashes Citywide during this 11- month period of photo enforcement.
Program Expansion
The Traffic Division is currently completing analysis of additional intersections in the City.
Consistent with the Council's direction to gradually expand the program as appropriate, once the necessary engineering analysis and report has been completed, it is anticipated that two systems will be installed at another intersection ( to be determined) within the next three months. t-oL
AR0643T
2026-09-16 Item #12B Page 129 of 287
FISCAL IMPACTS
The contract with RTS is fixed fee for $5,370 per system per month. The intersection of EI Camino Real and Encinitas Boulevard has two systems and the total fee paid to RTS is $10,740 per month. During the 11-month period the City has paid $115,813 to RTS. During this same period the City has collected revenues from citations paid totaling $212,562 as shown in Table 4.
It should be noted that the revenue figures lag the citations issued and expenses paid to RTS by approximately 2 to 3 months due to court processing time. As can be seen, currently the enforcement system is operating at no net cost to the City. It is important to note that for a variety of reasons, including traffic volumes and increased driver awareness, other intersections under consideration for red light camera enforcement are not expected to generate the same level of citations.
CONCLUSION:
Staff evaluation of the program indicates that it is operating effectively and has significantly reduced accident levels at the intersection of EI Camino Real and Encinitas Blvd. While it is too early to say with certainty, preliminary indications are that it may also have reduced red light running Citywide.
RECOMMENDATION:
It is recommended that the Council accept and file this report. to-j
AR0643T
2026-09-16 Item #12B Page 130 of 287
MONTHLY REDLIGHT VIOLATIONS
MONTH EN CINIT AS BLVD EL CAMINO REAL TOTAL
June 9-30. 2004 281 256 537
July 372 379 751
Au!!llst 339 283 622
September 313 367 680
October 280 283 563
November 194 183 377 -
December 245 274 519
January 2005 244 200 444
February 209 204 413
March 264 206 470
April 192 206 398
TOTAL 2933 2841 5774
TABLE 1 - RED LIGHT VIOLATION DATA
Note: June is only a partial month. During month of November system was down 20 percent of time on Encinitas Blvd and 23 percent of time on EI Camino Real.
MONTHLY CITATIONS ISSUED
MONTH ENCINITASBLVD. EL CAMINO REAL TOTAL
June 9-30. 2004 142 174 316
July 173 251 424
Au2Ust 158 191 349
September 150 213 363
October 139 174 313
November 88 106 194
December 139 191 330
January 2005 98 128 226
February 82 129 211
March 111 129 240
April 90 144 234
TOTAL 1370 1830 3200
TABLE 2 - RED LIGHT CITATION DATA
Note: June is only a partial month. During month of November system was down 20 percent of time on Encinitas Blvd and 23 percent of time on EI Camino Real. 4-
AR0643T
2026-09-16 Item #12B Page 131 of 287
TABLE
3 - SIGNALIZED
INTERSECTION
CRASH
DATA
TOTAL
CRASHES
RED
LIGHT
VIOLATION
CRASHES
LOCATION
6/9/ 04 -
6/ 04 - 9/
2000
2001
2002
2003
4/ 0530/
2000
2001
2002
2003
4/ 0530/
Encinitas
BlvdlEl
Camino
Real
105
119422220
Citywide (
62 Traffic
Signals)
173
160
178
168
137
43 52
63 45
39 Note:
Cameras
began
issuing
citations
on
June
9,
2004.
Since
this
time
there
has
been a
49%
reduction
in
collisions
at
the
intersection
ofEI
Camino
Rea1/Encinitas
Blvd
anda
100%
reduction
in
red
light
running
crashes
compared
with
the
four
year ( 2000-2003)
average.
Also,
since
this
time
there
has
been a
10%
reduction
in
traffic
crashes
at
signalized
intersections
anda
14%
reduction
in
red
light
running
crashes
at
all
signalized
intersections
within
the
City compared
with
the
four
year (
2000-2003)
average.
S\ AR0603T
2026-09-16 Item #12B Page 132 of 287
MONTHLY REVENUE
MONTH TOTAL
June 9-30, 2004 $ 0
July $ 2,679
Au2Ust $ 4.437
Seotember $ 31.895
October $ 26.700
November $ 25,015
December $ 27,908
January 2005 $ 23,537
February $ 23,341
March $ 25.125
April $ 21.925
TOTAL $ 212.562
TABLE 4 - RED LIGHT REVENUE DATA
AR0603T
2026-09-16 Item #12B Page 133 of 287
Less
IJnmntrnllable
Factors
Obstruction
Driver
ObstructionlDuc
Plate
Obstruction
PolicylWeather
Extended
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Paper
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or
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DMV
Total
ement
KepOn
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m mz
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Plate
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Rear
Plate
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BI
Police
Rejects
Driver
Unidentifiable
Invalid
Offence
Total
1 001%
0 000%
1 000%
18 -
009% - -
36 -
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sf
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64 031%
88 022%
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on 07- 2005JunIgnt
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Page10f1
2026-09-16 Item #12B Page 134 of 287
ernent
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IJnmntrollable
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Helmet
Plate
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Extended
Vehicle
Sun
Glare Weather/Nature
Registration Issues
Paper
Plates
Wrong
or
No
DMV
Total Less
InProgress
Digital
Distortion
Face
Camera
Flash
I
Face
Camera
Focus
B
Face
Not
in
Frame
Plate
Bum
Out
Plate
Not
in
Frame
Police
Rejects
Driver
Unidentifiable
Invalid
Offence
Process
Issues
Too
Old
Total f)IC>() Printed
on 07- 2005Juna
mz m
miFš mz m n
17 14
31 0------ 11------- 1====== 1~=§ ß3------- 3------ 63------~------ 14 þ=======~ 12----- 8- 20J====== J~ 82 - - - - - -
63- - - - - -
145
1 1
2 0
000%
2 001%
2 000%
ii -
007% - -
84 -
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5 -
002% - - -
f
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32 -
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3f
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001% - --
f -
000% - - -
f
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001% - - -
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002% - - -
8-
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001% - - -
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001% - - -
f
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4 = = =
f =~~ = = =
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1~@1"
4= = =~ =
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1~
47 016%
137
044%
184
030%
2026-09-16 Item #12B Page 135 of 287
litH IVIë1I1ë1g~~_ epOn \ enll"(
l:nClnnasJ
Les~
Uncontrollable
Faclor~
Obstruction
Driver
ObstructionlDuc
Plate
Obstruction
Vehicle
Obstruction
PolicylWeather
Extended
Vehicle
Sun
Glare
Registration Issues Total Less
InProgress
l""$
Reje{'lsCamera Malfunction Police
Rejects
Can
Not
Identify
State
Out
of
Country
Plate
Paper
Plates
Wrong
or
No
DMV
Face
Camera
Flash
I
Face
Camera
Focus
B
Face
Not
in
Frame
Plate
Bum
Out
Plate
Not
in
Frame
Scene
Image
Flash
In
Scene
Image
No
Flash
DMV
Not
On
File
Driver
Unidentifiable
Incorrect
Details
Invalid
Offence Obstructed
View
Red-light
not
visible
in
Process Total
Issues
Too
Old
I
Printed
on
07 -
Jun-2005
m m0m
I0
mmz
8 11
19 3õ - - - - - -
y - - - - -
37 1====== 1Þ======= Ž------ 0i---- 2 I1------- 1------ 21----- Õ------ f7----- 9------ 16 4======~=======§ 35-----8--- 93 31 24
55 19
008%
82 027%
101
019%
4 -
002% - - -
3 -
oõf% - - -
f
ÕÕ1%
3 -
001% - -
24 õõã% - -
if
005%1-
ÕOÕ% - - -
7 -
002% - - -
f
002%ÕÕOÕ% - - -
5 -
002% - - -
f
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f -
oõõ% - - -
f
õõo% Õ -
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10 -
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ff
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f
000% Õ -
000% - - -
7 -
002% - - -
f
001%1-
ÕOÕ% - - -
f -
ooÕ% - - -
f
Õoo%
3 -
001% - - -
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001% - - -
f
001%
1-
ÕOÕ% - - - Õ -
oõõ% - - -
f
õõo%ÕooÕ% - - -
f -
oõõ% - - -
f
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1~~ = = :?~ =~~ = =
8=
QÜ~
65 029%
170
056%
235
044%
IIgnt
InClaents.
2026-09-16 Item #12B Page 136 of 287
er Ivlanag_~~ ent
Kepon (
I:.nClnltas)
light
Incidents
Less
IIncontrollable
FactoI'!;
Obstruction
Driver
ObstructionlDuc
Plate
Obstruction
Vehicle
Obstruction
PolicylWeather
Extended
Vehicle
Sun
Glare WeatherlNature
Registration Issues
Can
Not
Identify
State
Out
of
Country
Plate
Paper
Plates
Wrong
or
No
DMV
Total Le$~
Reject~Camera Malfunction
Face
Camera
Flash
I
Face
Camera
Focus
8 Face
Not
in
Frame
Plate
8um
Out
Plate
Not
in
Frame
Rear
Plate
Camera
81 Rear
Plate
Flash
Inapp
Police
Rejects
DMV
Not
On
File
Driver
Unidentifiable
Invalid
Offence Obstructed
View
Red-light
not
visible
in
Process
Issues
Too
Old
Total 6"-t
0 Printed
on
07 -
Jun-2005
mz m z
a
mIšmz
10 20
30 h
4Õ - - -
h -
f2- - - - - -
52 f====== jþ======= 2 - - - - - - -
0- - - - - - -
2 3------0------- 3f====== jþ======= ö------~-------~ 1------ 0-------~ 12------16----- 18Ï 73 - - - - - -
43- - - - - -
116
26 009%
64 024%
90 016%
0-000% - - -
2 -
oöf% - - -
f
000%
9 -
003% - -
2Õ -
OÕ7% - -
2f
005%
2-00~% - - -
8 -
003% - -
10-
002%
2-001% - - -
1 -
OÕÕo£ - - -
f
Õ01%
1-
ÕÍJÕ% - - -
Õ -
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1-
000%
1-
ÕÍJÕ% - - -
Õ -
000% - - -
1-
000%
3 001%
1 000%
4 001%
19-006% - -
19 -
007% - -
3f
007%
8-003% - - -
2 -
oöf% - -
10-
002%
7-002% - - -
Õ -
000% - - -
f001%
9 =
@Q~ = = = ~
3)Qf~ = = )= ~~
3-00~% - - -
1 -
OÕÕo£ - - -
f
001%
81 028%
120
044%
201
036%
Page10f1
2026-09-16 Item #12B Page 137 of 287
ement
t<. epon
It:nclnnasJ
IIgnt
InCïaents
LAS!!
IInC'.ontrollable
Factors
Obstruction
Driver
ObstructionlDuc
Plate
Obstruction
Signal
Obstruction
Vehicle
Obstruction
PolicylWeather
Extended
Vehicle
Sun
Glare Weather/Nature
Registration Issues Total Less
InProgress
less
R"'1ectc;.Camera Malfunction Police
Rejects
Can
Not
Identify
State
Paper
Plates
Wrong
or
No
DMV
Digital
Distortion
Face
Camera
Flash
I
Face
Camera
Focus
B
Face
Not
in
Frame
Mise
Camera
Issue
Plate
Bum
Out
Plate
Not
in
Frame
Rear
Plate
Flash
Inapp
DMV
Not
On
File
Driver
Unidentifiable
Incorrect
Details
Invalid
Offence Obstructed
View
Red-light
not
visible
in
Safe
Right
Turn
On
R
Process Total
Issues
Too
Old
I Printed
on
07 -
Jun-2005
m z m
a
mzninzm
5 14
19 23 - - - - - - -
6- - - - - -
29 1------( 1f------ I====== 1Þ======= Ö------ 33----- 2 - - - - - - - 3- - - - - - -
5 Þ=======~ Ö------ 22'----- 5- 1510-----J=======~ 43 - - - - - - 39- - - - - -
82 1
0 1
1 000%
0 000%
1 000%
9 -
Õ04% - -
20 -
008% - -
if
ÕÕ6%
2 -
Õ01% - - -
f -
oõõ% - - -
f
001%
5-Õ02% - -
20 -
OÕŠ% - -
i5-
OÕ5%
1-ÕOÕ% - - -
OÕÕÕ% - --
fõõo%
Õ-ÕOÕ% - - -.. -
002% - - -
f
001%
2 -
Õ01% - - -
f -
000% - - -
f
001%
j =
@Q~ = = =~ =
OQQ.~ = = =(
QQ:O~
4-002% - - -
f -
oõõ% - - -
f
001%
29 -
Õ12% - -
49 Õ2Õ% - -
if
õf6%
2-001% - - -
0 -
OÕÕ% - - -
f
õõo%
5-Õ02% - - -
3 -
oõf% - - -
f
002%
4-002% - - -
0 -
OÕÕ% - - -
f
001%
Õ-ÕOÕ% - - -
i -
Oõf% - - -
f
000%
j =
@Q~ = = =
f =
oQQ:~ = =)=
QQ:o~
1-ÕOÕ% - - -
0 -
000% - - -
f
000%
Page10f1
2026-09-16 Item #12B Page 138 of 287
IVldlli: t~I1~: I_tHn ~
epon \
t:nclnnasJ
IIgnt
InClaents
LAS!;
I
InC'.ontrollable
Factors
Obstruction
Driver
ObstructionlDuc
Motor
Cycle
Helmet
Plate
Obstruction
Vehicle
Obstruction
PolicylWeather
Extended
Vehicle
Sun
Glare
Registration Issues
Can
Not
Identify
State
Out
of
Counby
Plate
Paper
Plates
Wrong
or
No
DMV
Total Less
InProgress
I
ess
R' ject.~ i'Camera Malfunction
Digital
Distortion
Face
Camera
Flash
I
Face
Camera
Focus
B
Face
Not
in
Frame
Image
Missing
Plate
Bum
Out
Plate
Not
in
Frame
Rear
Plate
Camera
BI
Rear
Plate
Flash
Inapp
Scene
Image
Flash
In
Scene
Image
No
Flash
Police
Rejects
DMV
Not
On
File
Driver
Unidentifiable
Invalid
Offence Obstructed
View
Red-light
not
visible
in
Process
Issues
Too
Old
Total
t
Printed
on 07- 2005Jund
mzninn m Z
min z
2 9
11 Õ------: 2i----- 5------1------- 6j4======)====== J~ 2------1------- 31====== J4t~==== 1------ 10------- Õ------ 11----- 8------5------ 13J1 41------37-- 78 0 1 1
2 001%
0 000%
2 001%
O-Õoo% - - -
6 -
004% - - -
6-
OÕ2%
0 -
Õoo% - - -
f -
001% - - -
1-
000%
3 -
Õ02% - -
18 -
011"% - -
if
OÕ7%
4-Õ03% - - -
õ -
ooÕ% - - -
f
001%
O-ÕOÖ% - - -
5 -
003-% - - -
5 OÕ2%
1-Õ01% - - -
i -
001% - - -
f
001%
3-Õ02% - - -
Õ -
OÕÕ% - - -
f
001%
1-001% - - -
Õ -
OÕÕ% -
uf
000%
0 -
000% - -
14 -
009% - -
1f
005%
O-ÕOÖ% - - -
i
001% - - -
f
001%
0 -
ÕOÖ% - - -
f
001% - - -
f
000%
18 -
Õ13% - -
19 -
012% - -
3f
õf2%
1-001% - - -
Õ -
000% - - -
f
000%
2-001% - - -
Õ -
OÕÕ% - - -
f
001%
1-001% - - -
1-001% - - ,[
OÕ1%
þ =
q:oQ~ = = =
f =
oQf~ = = =(
þ(gJ~
36 025%
70 045%
106
035%
Page10f1
2026-09-16 Item #12B Page 139 of 287
Less
IJnC'.ontrollable
Ffldors
Obstruction
Driver
ObstructionlDuc
Plate
Obstruction
Signal
Obstruction
Vehicle
Obstruction
PolicylWeather
Extended
Vehicle
Sun
Glare WeatherlNature
Registration Issues Total I
es"
RE'ject~Camera Malfunction Police
Rejects
Paper
Plates
Wrong
or
No
DMV
Face
Camera
Flash
I
Face
Camera
Focus
B
Face
Not
in
Frame
Image
Missing
Mise
Camera
Issue
Plate
Bum
Out
Plate
Not
in
Frame
Rear
Plate
Camera
BI
DMV
Not
On
File
Driver
Unidentifiable
Incorrect
Details
Invalid
Offence Obstructed
View
Red-light
not
visible
in
Process Total
Issues
Too
Old
ç'I
ÚJ Printed
on
07 -
Jun-2005
m zÇI mC'Im
d
mzÇI m zm C'I
3 3
6 3------8------ 111------0------- 1j~====== ß======~?
õ -- - - - - -
1-- - - - - -
16------~------ 17J======= Q====== j9------ 13------22 ß====== Jj
47 - - - - - -
45- - - - - -
92 2
001%
1 001%
3 001%
1-
000% - - -
f -
OM% - - -
f000%
3-
001% - -
11 -
006% - -
1f003%
1-
000% - - -
0 -
000% - - -
f000%
2-
001% - - -
0 -
000% - - -
f000%
ÕOÕÕ% - - -
f -
001% - - -
1- 000%
ÕOoO% - - -
9 -
005% - - -
f
002%
2 -
001% - - -
2 -
001% - - -
f001%
2-
001% - - -
0 -
000% - - -
f000%
17-
007% - -
24 -
012% - -
4fMO%
1-
OÕÕ% - - -
0 -
000% - - -
f000%
1-
000% - - -
Š -
003% - - - f
001%
1-
000% - - -
2 -
001% - - - f
001%l=
Qo1~= = =~ = oQ~
o,{ = =)=
9Q:
1~j =
QoQ~ = = = ~ = oQi:
o/~ = = )=
9Q:
1~
36 016%
61 031%
97 023%
Ignt
InClaents
Page
2026-09-16 Item #12B Page 140 of 287
Less
IJnmnlrollable
Factors
Obstruction
Driver
ObstructionlDuc
Plate
Obstruction
Vehicle
Obstruction
PolicylWeather
Extended
Vehicle
Sun
Glare Weather/Nature
Registration Issues
Out
of
Country
Plate
Paper
Plates
Wrong
or
No
DMV
Total less
InProgress
less
RE'jectc:Camera Malfunction
Digital
Distortion
Face
Camera
Flash
I
Face
Not
in
Frame
Image
Missing
Plate
Bum
Out
Plate
Not
in
Frame
Rear
Plate
Camera
BI
Rear
Plate
Flash
Inapp
Police
Rejects
DMV
Not
On
File
Driver
Unidentifiable
Invalid
Offence Obstructed
View
Process
Issues
Too
Old
Total 6"' Printed
on 07- 2005Junement
rtepOn \
t:nclnnas
m r'nnm z
a
mZnr'nzmn
2 3
5 2------: 42------ jÏ======}(=====~ j f------: 32------ 4 - - - - - - 47- - - - - -
51 J=======~ f------ 1iD------ 1Õ - - - - - - -
5- - - - - - -
15 1======}(======§ 4Õ - - - - - -
68- - - - - -
108
5 2
7 3
002%
0 000%
3 001%
1-
001°Ã, - - -
3 -
002% - - -
f
001%
4 -
003% - -
18 -
010% - -
2f
007%
1-001% - - -
0 -
Ooo°,{ - - -
f
000%
O- Ã, - - - OOO°
2 -
oM"%" - - -
f
001%
0-000% - - -
2 -
001% - - -
f
001%
3-002% - - -
1001% - - -
4-
001%
01"4 = = =
f =
oQf~ = =)=
QQ:1~
0 000%
1 001%
1 000%
16 -
010% - -
45 -
026% - -
6f
M8%
0-000% - - -
4 -
002% - - -
4-
001%
2 -
001% - - -
f -
oM% - - -
f
001%
5-003% - - -
2 -
oM% - -
Y
002%
Ignt
InCidents
Page10f1
2026-09-16 Item #12B Page 141 of 287
Iller
Ivlanaaement
Kepon (
I:nClnnas
Less
IJnC'.ontrollablp.
Factors
Obstruction
Driver
ObstructionlDuc
Plate
Obstruction
Vehicle
Obstruction
PolicylWeather
Extended
Vehicle
Sun
Glare WeatherlNature
Registration Issues
Can
Not
Identify
State
Out
of
Country
Plate
Paper
Plates
Wrong
or
No
DMV
Total
I
es~
R"' jeçtsCamera Malfunction
Face
Not
in
Frame
Plate
Not
in
Frame
Rear
Plate
Camera
81 Police
Rejects
Driver
Unidentifiable
Expired
Time
Invalid
Offence Obstructed
View
Red-light
not
visible
in
Process
Issues
Too
Old
Total G- Printed
on 07- 2005Jun- m mn m z mmzmn 055
Ž------ Õ----- 21~=====~ jI====== If------ 1------- 2
3 - - - - - -
35- - - -- -
38Ö======)======= jÕ------- f----- 1---- Õ------ 16----- j---- 13 133------~------ 940 000% 7
005% 7
002%1-
Õ01% - - -
6 -
Oõ4% - - - f
ÕÕ2% 0~" 1[
4 = = =
I[ =
OQI[~ = = =~ Q1[
1~
29 017%
43 029%
72 023%ÖÕOÕ% - - - i
aMok - - - f
õõo%
1-
Õ01% - - -
f -
OÕ1% - - - f
ÕÕ1%
1-
001% - - -:
3 -
002% - - - f
ÕÕ1%ÖOoÕ% - - -
f -
001% - - - f
ÕÕO%7-
Õ04% - - -
4 -
003% - -
ff
003%
42 025%
66 045%
108
034%
IIgnt
InClaents