City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01901 12/10/2024 Consent Item 21.
Automated Bus Stop and Bike Lane Enforcement Program
File ID: 2024-01901
Location: Citywide
Recommendation: Adopt a Resolution: 1) establishing an Automated Cooperative Bus Stop and Bike Lane Enforcement Program; 2) authorizing the City Manager or the City Manager’s designee to execute a contract supplement to City agreement PRC000669 with Duncan Solutions, LLC for citation processing services, to add the Bus Stop and Bike Lane Enforcement Program; and 3) authorizing the City Manager or the City Manager’s designee to execute a four-year memorandum of understanding with Sacramento Regional Transit for the City to issue citations based on data collected from Sacramento Regional Transit buses participating in the Bus Stop and Bike Lane Enforcement Program.
Contact: Staci Hovermale, Parking Services Manager, (916) 808-5047, [email protected], Department of Public Works Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
3-Supplemental Agreement with Duncan Solutions, LLC
4-MOU with Sacramento Regional Transit
Description/Analysis
Issue Detail: Effective January 1, 2022, California Assembly Bill (“AB”) 917 (2021-2022) amended California Vehicle Code sections 40240 and 40241 to authorize the use of forward-facing cameras on city-owned or public-owned transit vehicles. This amendment allows for the capture of video images of parking violations at transit-only traffic lanes and stops. In Sacramento, these safety violations are enforced by Parking Enforcement Officers (“PEOs”) who issue parking citations pursuant to Sacramento City Code section 10.36.130A for vehicles that stop, stand, or park in designated bus zones. Vehicles frequently park in these zones causing delays to bus schedules and creating safety
File ID: 2024-01901 12/10/2024 Consent Item 21.
risks for passengers who are forced into unsafe paths of travel to board or exit the bus.
California Assembly Bill 361 (2022-2023) further expanded this authority by adding California Vehicle Code section 40245, which went into effect January 1, 2024. This amendment allows forward-facing cameras to also enforce parking violations in bicycle lanes. In Sacramento, vehicles parked in or blocking, designated bike lanes are issued citations under California Vehicle Code section 21211.
Such violations force cyclists to leave the bike lane and merge into traffic, creating a significant safety hazard for both bicyclists and motorists.
Currently, to improve the safety of our community, PEOs patrol citywide to enforce vehicle codes and local parking ordinances. With enforcement activities and service calls occurring seven days a week across all areas of Sacramento, their ability to enforce bus zone and bike lane violations is very limited.
To enhance operational efficiencies, ADA access, and improve safety through the enforcement of bus zone and bike lane violations, staff recommends the establishment of an Automated Bus Stop and Bike Lane Enforcement Program (“Program”). In accordance with California AB 917 (2021-2022) and California AB 361 (2022-2023), the Program will operate as follows:
1. Forward Facing Camera Installation: Forward-facing cameras will be installed on Sacramento Regional Transit (“SacRT”) buses to capture video footage for identifying potential violations in bus stops and bike lanes.
2. Data Capture During Bus Routes: As SacRT buses travel their regular routes, the cameras will capture data of vehicles obstructing bus zones and bike lanes. · These cameras will be positioned to capture only images of parking violations ensuring that photographs of other drivers, vehicles, and pedestrians are excluded.
3. Image Transmission: Captured images will be securely transmitted to the City’s parking citation server, managed by Duncan Solutions, LLC (“Duncan”).
4. Violation Review Process: All transmitted images will be reviewed by a designated City of Sacramento parking enforcement officer. The officer will review the images to determine whether a parking violation occurred, ensuring accuracy and compliance with applicable laws.
For vehicles found in violation, the following will be mailed to the registered vehicle owner of record within 15 calendar days of the violation:
o During the first 60 days from commencement of the Program: warning notices will be issued, instead of citations, to educate and inform vehicle owners. o 60 days after commencement of the Program: a parking citation will be issued for violations. The registered owner will have the allocated time period prescribed under
File ID: 2024-01901 12/10/2024 Consent Item 21.
California Vehicle Code section 40202(a) to either pay the citation or submit a contest form online at www.sacpark.org to dispute the citation.
o Payment Plans and Assistance: Zero-interest citation payment plans, including plans for low -income drivers, are available. Additional information can be found under the “Citation Services” link atwww.sacpark.org <http://www.sacpark.org>. Inquiries may also be made at the Revenue Services Division <https://www.cityofsacramento.gov/finance/revenue> during office hours, or by calling (916) 808-8500 during Revenue phone hours. o Data Retention and Destruction: Images of vehicles that are determined to not be in violation will be deleted from the system within 15 days after the information is first obtained, in compliance with California Vehicle Code section 40240(e)(2).
The increased surveillance and enforcement of bus stops aim to reduce violations, enabling SacRT buses to operate more efficiently, adhere to schedules, and provide safer access for all passengers, including individuals with disabilities. By ensuring that buses can pull directly up to the curb, the Program will enhance Americans with Disabilities Act (ADA) accessibility, allowing riders using wheelchairs, walkers, or other mobility aids to board and exit buses safely and conveniently. This eliminates the need for riders to navigate unsafe conditions, such as stepping into the street or maneuvering around obstacles when buses are blocked from curb access.
In addition to improving accessibility, the Program will prioritize the overall safety of all transit riders.
Clear bus stops reduce risks associated with stepping into traffic, tripping hazards, and delays caused by blocked access. For individuals with limited mobility, vision impairments, or other disabilities, these improvements are critical to ensuring a safe and equitable public transportation experience.
The Program will also significantly decrease the number of vehicles obstructing bike lanes, which currently forces cyclists into moving traffic, creating serious safety hazards for both cyclists and motorists. By keeping bike lanes clear, the initiative supports sustainable transportation options while fostering safer, more predictable road conditions for all users.
The Parking Services Division processes all citations through Duncan Solutions, LLC (“Duncan”).
Duncan has partnered with Hayden AI (“Hayden”), a company specializing in artificial intelligence, data analysis, transportation, and government technology. Hayden has developed cameras capable of capturing essential data from vehicles violating applicable parking codes and transmitting it to the Duncan system for review by City parking enforcement staff, who will make the final determine if a violation occurred and issue parking citations accordingly.
Duncan will be responsible for procuring all Hayden enforcement cameras and software required to implement the Program. Hayden will be responsible for the installation and maintenance of enforcement cameras and software.
Revenue collected from all parking citations issued under the Program, less the State of California per-citation surcharge of $12.50, will be allocated to reimburse the City, Duncan, SacRT and Hayden
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for their respective implementation costs as follows:
· City: 50% of revenue from bus stop violations and 50% from bike lane violations. · SacRT: 25% of revenue from bus stop violations and 5% of bike lane violations. · Duncan and Hayden: They will split the remaining 25% of revenue from bus stop violations and 45% of bike lane violations.
Additional transit agencies and their routes may be added to the Program in the future.Policy Considerations: The recommendations in this report are in accordance with California AB 361 (2022 -2023) and California AB 917 (2021-2022).
Economic Impacts: None.
Environmental Considerations: The recommended parking citation processing activities specified in this report do not constitute a project under the California Environmental Quality Act (CEQA) because the activities amount to continuing administrative activities under CEQA Guidelines section 15378(b)(2).
Sustainability: This action supports the City of Sacramento’s sustainability goals to improve and optimize the transportation infrastructure.
Commission/Committee Action: None.
Rationale for Recommendation: A pilot program conducted from July 24, 2023, to September 30, 2023, tested forward-facing camera technology on two SacRT buses operating Routes 31 and 50.
During the pilot, 319 vehicles were identified as illegally parked during 286 stops at bus lanes or bus stops. This data underscores the urgent need to address these violations to enhance SacRT service reliability, improve public safety, and provide sustainable transportation options for the community.
Currently, Sacramento PEOs are responsible for enforcing all parking regulations across the city, which limit the resources available for addressing bus stop and bike lane violations. Establishing an Automated Bus Stop and Bike Lane Program will enable the City and SacRT to efficiently reduce the number of vehicles blocking these critical areas by equipping SacRT buses with specialized cameras.
The increased surveillance and enforcement of bus stops aim to reduce violations, enabling SacRT buses to operate more efficiently, adhere to schedules, and provide safer access for passengers. The Program allows all passengers to safely board and exit buses directly from the curb, rather than stepping into the street when buses are unable to pull up to the curb due to blocked access. The Program will also aim to significantly decrease the number of vehicles obstructing bike lanes, which forces cyclists into moving traffic, creating safety hazards.
File ID: 2024-01901 12/10/2024 Consent Item 21.
Financial Considerations: Duncan and Hayden will be responsible for the procurement and installation of all necessary enforcement camera equipment and software. All revenue collected from citations issued under the program, less State surcharges, will be distributed as follows:
· City: 50% of revenue from bus stop violations and 50% from bike lane violations. · SacRT: 25% of revenue from bus stop violations and 5% of bike lane violations. · Duncan and Hayden: They will split the remaining 25% of revenue from bus stop violations and 45% of bike lane violations.
While test runs showed high levels of violations, the objective of this Program is to discourage this behavior, so it is currently unknow how much citation revenue may be anticipated. Staff will monitor as the program is implemented. All citation revenue will be credited to the General Fund (Fund 1001).
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2024-
Adopted by the Sacramento City Council
December 10, 2024
AUTOMATED BUS STOP AND BIKE LANE ENFORCEMENT PROGRAM
BACKGROUND
A. Effective January 1, 2022, California Assembly Bill (“AB”) 917 (2021-2022) amended California Vehicle Code sections 40240 and 40241 to authorize the use of forward-facing cameras on city- owned or public-owned transit vehicles. This amendment allows for the capture of video images of parking violations at transit-only traffic lanes and stops. In Sacramento, these safety violations are enforced by Parking Enforcement Officers (“PEOs”) who issue parking citations pursuant to Sacramento City Code section 10.36.130A for vehicles that stop, stand, or park in designated bus zones. Vehicles frequently park in these zones causing delays to bus schedules and creating safety risks for passengers who are forced into unsafe paths of travel to board or exit the bus.
B. California Assembly Bill 361 (2022-2023) further expanded this authority by adding California Vehicle Code section 40245, which went into effect January 1, 2024. This amendment allows forward-facing cameras to also enforce parking violations in bicycle lanes. In Sacramento, vehicles parked in or blocking, designated bike lanes are issued citations under California Vehicle Code section 21211. Such violations force cyclists to leave the bike lane and merge into traffic, creating a significant safety hazard for both bicyclists and motorists.
C. Currently, to improve the safety of our community, PEOs patrol citywide to enforce vehicle codes and local parking ordinances. With enforcement activities and service calls occurring seven days a week across all areas of Sacramento, their ability to enforce bus zone and bike lane violations is very limited.
D. To enhance operational efficiencies, ADA access, and improve safety through the enforcement of bus zone and bike lane violations, staff recommends the establishment of an Automated Bus Stop and Bike Lane Enforcement Program (“Program”). In accordance with California AB 917 (2021- 2022) and California AB 361 (2022-2023), the Program will operate as follows:
1. Forward Facing Camera Installation: Forward-facing cameras will be installed on Sacramento Regional Transit (“SacRT”) buses to capture video footage for identifying potential violations in bus stops and bike lanes.
2. Data Capture During Bus Routes: As SacRT buses travel their regular routes, the cameras will capture data of vehicles obstructing bus zones and bike lanes. These cameras will be positioned to capture only images of parking violations ensuring that photographs of other drivers, vehicles, and pedestrians are excluded.
3. Image Transmission: Captured images will be securely transmitted to the City’s parking citation server, managed by Duncan Solutions, LLC (“Duncan”).
4. Violation Review Process: All transmitted images will be reviewed by a designated City of Sacramento parking enforcement officer. The officer will review the images to determine whether a parking violation occurred, ensuring accuracy and compliance with applicable laws.
E. For vehicles found in violation, the following will be mailed to the registered vehicle owner of record within 15 calendar days of that determination:
1. During the first 60 days from commencement of the Program: warning notices will be issued instead of citations to educate and inform vehicle owners.
2. 60 days after commencement of the Program: a parking citation will be issued for violations. The registered owner will have the allocated time period prescribed under California Vehicle Code section 40202(a) to either pay the citation or submit a contest form online at www.sacpark.org to dispute the citation.
3. Payment Plans and Assistance: Zero-interest citation payment plans, including plans for low-income drivers, are available. Additional information can be found under the “Citation Services” link at www.sacpark.org. Inquiries may also be made at the Revenue Services Division during office hours, or by calling (916) 808-8500 during Revenue phone hours.
4. Data Retention and Destruction: Images of vehicles that are determined to not be in violation will be deleted from the system within 15 days after the information is first obtained, in compliance with California Vehicle Code section 40240(e)(2).
F. Revenue collected from all parking citations issued under the Program, less the State of California per-citation surcharge of $12.50, will be allocated to reimburse the City, Duncan, SacRT and Hayden for their respective implementation costs as follows:
1. City: 50% of revenue from bus stop violations and 50% from bike lane violations.
2. SacRT: 25% of revenue from bus stop violations and 5% of bike lane violations.
3. Duncan and Hayden: They will split the remaining 25% of revenue from bus stop violations and 45% of bike lane violations.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The Automated Bus Stop and Bike Lane Enforcement Program is approved.
Section 2. The City Manager or the City Manager’s designee is authorized to execute a contract supplement to City agreement PRC000669 with Duncan Solutions, LLC for citation processing services, to add the Bus Stop and Bike Lane Enforcement Program Section 3. The City Manager or the City Manager’s designee is authorized to execute a four-year memorandum of understanding with Sacramento Regional Transit for the City to issue citations based on data collected from Sacramento Regional Transit buses participating in the Bus Stop and Bike Lane Enforcement Program.
Section 4. The Parking Services Manager is authorized to add additional transit agencies and their routes to the program.
-1 SCOPE2 TIME OF PERFORMANCE3 CONTRACT AMOUNT4 MATERIAL CHANGE IN BUSINESS5 FULL COMPENSATION 6 AUTHORIZED SIGNATURE7 FULL FORCE AND EFFECT
Attachment 1SUPPLEMENTAL AGREEMENT FOR AUTOMATED BUS STOP AND BIKE LANEENFORCEMENT BETWEEN THE CITY OF SACRAMENTO ANDDUNCAN SOLUTIONS, LLC.THIS SUPPLEMENTAL AGREEMENT effective as of this 10th day of December, 2024 between the City of Sacramento Parking Services Division located 300 Richards Blvd., 2nd Floor, Sacramento, CA 95811 (“CITY”) and Duncan Solutions, LLC. (“DUNCAN”) located at 325 Daniel Zenker Drive, Horseheads, NY 14845. CITY and DUNCAN may be referred to collectively as “Parties” or in the singular as “Party,” as the context requires. WHEREAS, CITY and DUNCAN entered into that agreement number PRC000669 for the Provision of Citation Processing Services effective December 13, 2019 and amended January 6, 2020 (the “Prime Agreement”); WHEREAS, the CITY and Sacramento Regional Transit (“SACRT”) seek to decrease bus travel times and increase accessibility and bus ridership through enforcement efforts aimed at compliance with bus stop regulations; WHEREAS, the CITY and SACRT seek to decrease congestion, and to improve increased accessibility and bike safety through enforcement efforts aimed at compliance with bike lane regulations; WHEREAS, CITY directed DUNCAN to enter into a subcontract with Hayden AI under the Prime Agreement in order to further the above objectives of decreasing bus travel times and bike lane congestion (the “Hayden AI Subcontract”); WHEREAS, under the Hayden AI Subcontract, Hayden AI and DUNCAN created a program (the “Program”) to aid enforcement efforts through the use of enforcement cameras mounted on buses that will monitor bus stops and bike lanes for illegal parking pursuant to California AB 917 and California AB 361;WHEREAS, DUNCAN and Hayden AI desire to provide these services to the CITY and SACRT through the additional terms and conditions contained in this Supplemental Agreement to aid enforcement efforts and compliance for bus stop and bike lane regulations; WHEREAS, the DUNCAN and the CITY will utilize the Program under the Prime Agreement to deter vehicle operators from parking or standing in designated bike lanes and bus stops to significantly improve bus service for riders and bike safety as a result thereof; WHEREAS, this Supplemental Agreement will serve as an amendment to the Prime Agreement in directing DUNCAN to implement the Program. Except as otherwise amended by this Supplemental Agreement, all other all terms and conditions of City Agreement number PRC000669 shall remain in full force and effect, and CITY shall perform all the services, duties, obligations and conditions required under the Prime Agreement, as supplemented and modified herein;NOW THEREFORE, the Parties hereby agree as follows: ARTICLE 1. PROGRAM SCOPE AND IMPLEMENTATION 1.1 In accordance with the Prime Agreement, DUNCAN shall be responsible for the procurement of all necessary enforcement camera equipment and software required for the implementation of the Program, as outlined in this Supplemental Agreement. CITY and DUNCAN will be reimbursed based on a percentage of the revenues collected for bus stop and bike lane violations, see Article 3, less Courtand State Surcharges as defined under sections California Government Code Sections [County 76000(b,c,d), 76100, 76101], [State 70372(b) 70371,70000.3]. DUNCAN will implement the Program and the scope of work set forth herein in accordance with the requirements of this Supplemental Agreement and the Hayden AI Subcontract and its associated service level agreements (“SLAs”). (see Exhibit C, “Hayden AI Service Level Agreements).Project Kickoff and Documentation1.2 DUNCAN, HAYDEN AI, CITY, and SACRT will conduct a project kickoff meeting to introduce stakeholders, collect information and mutually agree to a detailed schedule for project implementation and deliverables. 1.3 SACRT will provide HAYDEN AI with the year, make, and model for each bus type to be utilized. 1.4 HAYDEN AI, CITY, SACRT, and DUNCAN will discuss and confirm bus routes, bus stops, bike lanes, and other logistics. 1.5 CITY and SACRT shall provide all information available in their respective systems for bus stops and bike lanes. 1.6 HAYDEN AI will conduct site surveys and mapping for bus stops and bike lanes that can not be provided by the CITY or SACRT. Custom Route Configuration for Bus Stops and Bike Lanes 1.7 HAYDEN AI will conduct video surveys for each bus route to be serviced for bus stops and bike lanes to map and identify these enforceable locations to their system.
1.8 HAYDEN AI will create a detailed route annotation by block with relevant enforcement rules for both bus stops and bike lanes. 1.9 Any route modifications will be supported throughout the term of the Hayden AI Subcontract. Onsite Bus Survey Process 1.10 HAYDEN AI’s installation services team will visit SACRT facilities to conductonsite bus surveys. 1.11 A bus survey will be performed for each bus type that will be installed, with documentation of SACRT preferences and feedback regarding power, hardware locations each bus, and overall approach to installation. 1.12 Pre-installation and post-installation checklists will be prepared per SACRT preferences. 1.13 HAYDEN AI will document any hardware customization if needed on a specific bus type. Bus Installation 1.14 HAYDEN AI will prototype installation for all applicable bus types as directed by SACRT. 1.15 Custom installation manuals will be prepared by HAYDEN AI and provided to SACRT for each bus type to be installed. 1.16 At the direction and under the supervision of DUNCAN and SACRT, HAYDEN AI will install hardware on up to 100 selected buses by SACRT, 3 selected parking enforcement vehicles, based on a mutually agreed upon schedule by HAYDEN AI, DUNCAN, CITY and SACRT, that includes the core proprietary equipment of the HAYDEN AI System, which consists of the following: 1.16.1 Context Camera 1.16.2 ALPR Camera 1.16.3 AI Perception Engine 1.16.4 LTE/WiFi/GNSS Antenna 1.17 The number of buses equipped with LPR hardware and software can be increase by mutual consent of the parties.
Hardware/Software Testing and Updates 1.18 Pursuant to guidelines mutually agreed upon by DUNCAN, CITY , SACRT and HAYDEN AI. HAYDEN AI will perform all applicable and appropriate testing. 1.19 Software updates to the onboard system will be performed Over-the-Air (OTA) via HAYDEN AI antenna on the buses, to the extent possible. HAYDEN AI System Custom Web-Based Portal 1.20 HAYDEN AI will provide CITY, SACRT, and DUNCAN with access to a secure, encrypted, password-protected, web-based portal to access data and assess system performance. 1.21 HAYDEN AI will provide training to appropriate CITY, SACRT, and DUNCAN staff on utilizing the web portal. 1.22 HAYDEN AI will provide ongoing support and maintenance as needed for the web portal to CITY, SACRT, and DUNCAN. Evidence and Violation Package Deliveries and Integration with Violation Processing System 1.23 HAYDEN AI will deliver encrypted Evidence Package data files via Secure File Transfer Protocol (SFTP) to DUNCAN for processing as directed by CITY. 1.24 HAYDEN AI and DUNCAN will develop any necessary Application Programming Interface (API) or Secure File Transfer Protocol (SFTP) to ensure secure and encrypted data transfer and appropriate destruction of data according to timelines set forth in statute and by CITY and SACRT. Customer Support and Account Management 1.25 HAYDEN AI will provide CITY and SACRT with a dedicated Customer Success Manager as a central point of contact for the agency. 1.26 HAYDEN AI will also provide a 24-hour helpline. Implementation 1.27 The CITY and DUNCAN agree to implement the Program by installing bus-mounted bus stop and bike lane enforcement cameras on buses along routes and stops installed and maintained by SACRT. Following direction from SACRT, CITY and DUNCAN may add additional bus stops and bike lanes to the Program by mutual agreement and written amendment to this Supplemental Agreement. 1.28 The cameras to be installed on each bus shall be pointed outwardly from the bus and directed towards the lane in front of the bus. 1.29 The operating software for the Program Equipment (the “Software”) will be provided and maintained by HAYDEN AI. The Software will collect the captured electronic images of the license plates of vehicles that appear to be in violation of bus stop and bike lane restrictions and the corresponding location, date/time, and other data, as evidence of such violation. 1.30 The collection of violation-related data will be wirelessly and electronically transmitted by HAYDEN AI, by SFTP to the CITY’S citation processing and adjudication system provided by DUNCAN. 1.31 All references to electronic transmissions made in this Supplemental Agreement shall be a function of HAYDEN AI’s Software. 1.32 The CITY shall utilize the data collected to produce a violation package (“Violation Package”) that shall include, but not be limited to, the following: 1.32.1 Video and/or still images of a vehicle and its license plate within a bike laneor bus stop in violation of bike lane and bus stop restrictions. Such video and/or still image shall be date and time-stamped with the actual and accurate date and time the video and/or still images were captured, as well as stamped with the GPS coordinates of the location where the video or still images were captured. Unless SACRT and/or CITY requests otherwise, videos and images transmitted to the CITY shall be sufficient in duration and/or context to show a vehicle that is standing or parked in a designated bike lane or bus stop. All of the above violation related data will be provided daily by HAYDEN AI. 1.32.2 A certification that the video and images have not been altered, and that the stated time and location are accurate will be provided by HAYDEN AI. 1.32.3 A daily set up log report which indicates that the system passed all self-tests on the day the video and images in the Violation Package were created will be provided by HAYDEN AI. 1.32.4 Results of license plate search including the name of the registered vehicle owner, the registrant’s address, and the vehicle make, model, body type and vehicle identification number (“VIN”) provided by DUNCAN utilizing and leveraging the existing City’s existing violation processing system provided by DUNCAN.
1.32.5 The bus number(s) corresponding to the buses that captured the video or still images, along with the bus route on which the buses were travelling will be provided by HAYDEN AI. 1.32.6 The identification number of the camera that captured the video and/or still image will be provided by HAYDEN AI. 1.32.7 The street address and/or cross streets of the location where the vehicle was captured by the camera to be in violation of the bus stop of bike lane restriction will be provided by HAYDEN AI. 1.32.8 The data to be provided by HAYDEN AI to create the evidence package to Hayden AI’s Review Platform the CITY for review within three (3) calendar days of the Software’s detection of a violation. 1.32.9 The CITY will review the evidence package and determine if a violation occurred or did not occur within three (3) calendar days of receiving the evidence package from HAYDEN AI. 1.32.10 Program related information can be shared with non SACRT agencies with the CITY’s written approval. 1.32.11 CITY shall be responsible for having sufficient CITY employees review each evidence package in order to validate whether the evidence package demonstrates a vehicle’s violation of a bike lane or bus stop restriction. Upon such confirmation, the individual will electronically indicate approval thereof and cause a violation package to be electronically processed for the issuance of a Notice of Illegal Parking to the registered owner of the vehicle. 1.32.12 CITY shall maintain records of evidence package reviews and decisions. 1.32.13 CITY shall produce a certificate for each violation package that it approves for issuance of a parking violation, that is sworn to or affirmed by CITY employee that inspected all contents of the applicable violation package, that the CITY employee was trained to identify those violations, and that the contents of the evidence package showed a violation. 1.32.14 The CITY and SACRT shall adopt and enforce measures to protect the privacy of drivers, passengers, pedestrians and cyclists whose identity and identifying information may be captured by a mobile bus stop or bike lane photo device. 1.32.15 SACRT shall install and maintain bus stop signage and markings as required by California Vehicle Code section 21655.1(c).
1.32.16 CITY shall report to SACRT missing or damaged bus stop signage and markings on a mutually agreed upon schedule. 1.32.17 CITY shall be responsible for issuing each Notice of Parking Violation in a manner consistent with AB 917 (2021) and AB 361 (2023), amended into California Vehicle Code sections 40240 and 40245, respectively, which authorize the use of forward-facing parking control devices to capture photographs and videoof parking violations in bus stops and photos of bike lane restrictions. 1.32.18 CITY shall defend the validity of the parking violation if contested by a vehicle owner as permitted by California Vehicle Code section 40215. 1.32.19 The CITY and SACRT shall collaborate on presentations, reports and other public statements on the operation and effectiveness of the Program. ARTICLE 2. COST REIMBURSEMENT AND PROVISION OF REVENUE 2.1 DUNCAN shall transmit fifty (50) percent of the revenue collected from the base fine, less court surcharges, collected pursuant to the Program to CITY on a monthly basis for bus stop violations. 2.2 DUNCAN shall transmit fifty (50) percent of the revenue collected from the base fine less court surcharges, collected pursuant to the Program to CITY on a monthly basis for bike lane violations. 2.3 DUNCAN and HAYDEN AI shall assume all costs associated with the procurement, installation and maintenance of the Program Equipment and Software, and the preparation and transmittal of data associated with the Violation Packages. 2.4 CITY shall assume all costs associated with the creation, review and approval of Violation Packages, issuance of Notice of Parking Violation and processing costs and any adjudication thereof, and the collection of revenue therefrom. 2.5 Monthly, CITY will provide an accounting of the its actual expenses that were directly incurred in the performance of this Supplemental Agreement. ARTICLE 3. CONFIDENTIALITY 3.1 In accordance with applicable law, the City and DUNCAN agree to hold as confidential all records that are security sensitive, trade secrets, or which may otherwise be subject to exemption pursuant to the California Public Records Act. 3.2 DUNCAN agrees to adhere to the CITY’S License Plate Recognition (LPR) Policy, which is attached as Exhibit A.
ARTICLE 4. RECORD RETENTION4.1 DUNCAN and HAYDEN AI will retain and purge evidence and violation data, photos and video on their respective processing systems as required by California Vehicle Code.ARTICLE 5. MUTUAL INDEMNIFICATION 5.1 DUNCAN will defend, indemnify, and hold harmless CITY as provided in the Prime Agreement. 5.2 CITY will defend, indemnify, and hold harmless DUNCAN as provided in the Prime Agreement. DUNCAN ARTICLE 6. INSURANCE DUNCAN agrees to adhere to the City’s insurance coverage, which is attached as Exhibit B. ARTICLE 7. AUTHORITY The person signing this agreement on DUNCAN's behalf represents that he or she is authorized to do so and that no further action beyond his or her signature is required to bind DUNCAN to this Supplemental Agreement. CITY shall have no obligations whatsoever under this Supplemental Agreement, unless and until this agreement is executed by the City Manager or the City Manager’s authorized designee.ARTICLE 8. COUNTERPARTS This Supplemental Agreement may be executed in counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same document. Facsimiles, pdfs, and photocopies of signature pages of the agreement have the same binding effect as originals.
CONTRACT ROUTING SHEETContract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.General Information (Required)Original Contract # (supplements only): ________ Supplement/Addendum #: ___________________Assessor’s Parcel Number(s): ________________________________________________________________Contract Effective Date: _________ Contract Expiration Date (if applicable): _________$ Amount (Not to Exceed): ______________________ Adjusted $ Amount (+/-): _____________________Other Party: ______________________________________________________________________________Project Title: _____________________________________________________________________________Project #: ____________________________________ Bid/RFQ/RFP #: ___________________________City Council Approval: if YES, Council File ID#: __________Contract Processing ContactsDepartment: ______________________________Contract Coordinator: _______________________Project Manager: _________________________________Department Review and Routing(Signature) (Date)(Signature) (Date)(Signature) (Date)(Signature) (Date)Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.)_______________________________________________________________________________________------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------ 12/10/2024$0 $0Sacramento Regional TransitAutomated Bus Stop and Bike Lane EnforcementYES2024-01901Public WorksStaci HovermalePaul Sheridan [email protected] MEMORANDUM OF UNDERSTANDING FOR AUTOMATED BUS STOP AND BIKELANE ENFORCEMENT BETWEEN THE CITY OF SACRAMENTO AND SACRAMENTO REGIONAL TRANSITTHIS MEMORANDUM OF UNDERSTANDING (“MOU”) effective as of this day of , 2024 between the City of Sacramento Parking Services Division located 300 Richards Blvd., 2nd Floor, Sacramento, CA 95811 (“CITY”) and Sacramento Regional Transit (“SACRT”) located at PO Box 2110, Sacramento, CA 95812-2110. CITY and SACRT may be referred to collectively as “Parties” or in the singular as “Party,” as the context requires.WHEREAS, CITY and Duncan Solutions, LLC. (“DUNCAN”) entered into that agreement, PRC000669, for the Provision of Citation Processing Services effective January 6, 2020, and amended March 2024 (the “Prime Agreement”); WHEREAS, the CITY and SACRT seek to decrease bus travel times and increase accessibility and bus ridership through enforcement efforts aimed at compliance with bus stop regulations;WHEREAS, the CITY and SACRT seek to decrease congestion, and to improve increased accessibility and bike safety through enforcement efforts aimed at compliance with bike lane regulations; WHEREAS, DUNCAN, at CITY’s request, entered into a subcontract with Hayden AI in order to further the above objectives of decreasing bus travel times and bike lane congestion (the “Hayden AI Subcontract”); WHEREAS, under the Hayden AI Subcontract, Hayden AI and DUNCAN created a program (the “Program”) to aid enforcement efforts through the use of enforcement cameras mounted on buses that will monitor bus stops and bike lanes for illegal parking pursuant to California AB 917 and California AB 361; WHEREAS, DUNCAN and Hayden AI desire to provide these services to the CITY andSACRT under the Prime Agreement to aid enforcement efforts and compliance for bus stopand bike lane regulations;WHEREAS, the Parties will utilize the Program under the Prime Agreement to deter vehicle operators from parking or standing in designated bus stops and bike lanes to significantly improve bus service for riders and bike safety as a result thereof; NOW THEREFORE, the Parties hereby agree as follows:
ARTICLE 1. TERM1.1 This MOU shall be effective as of the date set forth above and shall continue for a period of two (2) years unless earlier terminated by the Parties as permitted herein (“Term”). 1.2 The Term of this MOU shall automatically renew for one additional two-year term upon the effective date of the reenacted AB 917 and shall continue until the law’s expiration or repeal date. However, such additional term shall terminate upon mutual understanding by the Parties upon notice of a Party to this MOU to another in writing of such termination to be effective no less than one hundred and twenty (120) calendar days from the date of such notice. ARTICLE 2. PROGRAM SCOPE AND IMPLEMENTATION In accordance with the Prime Agreement, DUNCAN shall be responsible for the procurement of all necessary enforcement camera equipment and software required for the implementation of the Program, as outlined in this MOU. DUNCANwill be reimbursed based on a percentage of the revenues collected for bus stopand bike lane violations, see Article 3, less Court and State Surcharges as defined under sections California Government Code Sections [County 76000(b,c,d), 76100, 76101], [State 70372(b) 70371, 70000.3]. DUNCAN will implementthe Program and the scope of work set forth herein in accordance with the requirements of this MOU and the Hayden AI Subcontract and its associated service level agreements (“SLAs”). (see Exhibit C, “Hayden AI Service Level Agreements).Project Kickoff and Documentation 2.1 DUNCAN, HAYDEN AI, CITY, and SACRT will conduct a project kickoff meeting to introduce stakeholders, collect information, and mutually agree to a detailed schedule for project implementation and deliverables. 2.2 SACRT will provide HAYDEN AI with the year, make, and model for each bus type to be utilized. 2.3 HAYDEN AI, CITY, SACRT, and DUNCANwill discuss and confirm bus routes,bus stops, bike lanes, and other logistics. 2.4 CITY and SACRT shall provide all information available in their respective systems for bus stops and bike lanes. 2.5 HAYDEN AI will conduct site surveys and mapping for bus stops and bike lanes that cannot be provided by the CITY or SACRT.
Custom Route Configuration for Bus Stops and Bike Lanes2.6 HAYDEN AI will conduct video surveys for each bus route to be serviced for bus stops and bike lanes to map and identify these enforceable locations to their system. 2.7 HAYDEN AI will create a detailed route annotation by block with relevant enforcement rules for both bus stops and bike lanes. 2.8 Any route modifications will be supported throughout the term of the Hayden AI Subcontract. Onsite Bus Survey Process 2.9 HAYDEN AI’s installation services team will visit SACRT facilities to conduct onsite bus surveys. 2.10 A bus survey will be performed for each bus type that will be installed with documentation of SACRT preferences and feedback regarding power, hardware mounting locations, and overall approach to installation. 2.11 Pre-installation and post-installation checklists will be prepared per SACRT preferences. 2.12 HAYDEN AI will document any hardware customization if needed on a specific bus type. Bus Installation 2.13 HAYDEN AI will prototype installation for all applicable bus types as directed by SACRT. 2.14 Custom installation manuals will be prepared by HAYDEN AI and provided to SACRT for each bus type to be installed. 2.15 At the direction and under the supervision of SACRT, HAYDEN AI will install hardware on up to 100 buses selected by SACRT, based on a mutually agreed upon schedule by HAYDEN AI, DUNCAN, CITY and SACRT, that includes the core proprietary equipment of the HAYDEN AI System, which consists of the following: 2.15.1 Context Camera 2.15.2 ALPR Camera 2.15.3 AI Perception Engine 2.15.4 LTE/WiFi/GNSS Antenna
2.16 The number of buses equipped with LPR hardware and software can be increased by mutual consent of the parties.Hardware/Software Testing and Updates 2.17 Pursuant to guidelines mutually agreed upon byDUNCAN, CITY, SACRT and HAYDEN AI, HAYDEN AI will perform all applicable and appropriate testing. 2.18 Software updates to the onboard system will be performed Over-the-Air (OTA) via HAYDEN AI antenna on the buses, to the extent possible. HAYDEN AI System Custom Web-Based Portal 2.19 HAYDEN AI will provide CITY, SACRT, and DUNCAN with access to a secure, encrypted, password-protected, web-based portal to access data and assess system performance. 2.20 HAYDEN AI will provide training to appropriate CITY, SACRT, and DUNCAN staff on utilizing the web portal.2.21 HAYDEN AI will provide ongoing support and maintenance as needed for the web portal to CITY, SACRT, and DUNCAN. Evidence and Violation Package Deliveries and Integration with Violation Processing System 2.22 HAYDEN AI will deliver encrypted Evidence Package data files via Secure File Transfer Protocol (SFTP) to DUNCANfor processing as directed by CITY. 2.23 HAYDEN AI and DUNCANwill develop any necessary Application Programming Interface (API) or Secure File Transfer Protocol (SFTP) to ensure secure and encrypted data transfer and appropriate destruction of data according to timelines set forth in statute and by CITY and SACRT. Customer Support and Account Management 2.24 HAYDEN AI will provide CITY and SACRT with a dedicated Customer Success Manager as a central point of contact for the agency. 2.25 HAYDEN AI will also provide a 24-hour helpline. Implementation 2.26 The Parties agree to implement the Program by installing bus-mounted bus stop and bike lane enforcement cameras on buses along routes and stops installed and maintained by SACRT. The Parties may add or remove bus stops and bikelanes to the Program by mutual agreement and written amendment to this MOU. 2.27 The cameras to be installed on each bus shall be pointed outwardly from the bus and directed towards the lane in front of the bus. 2.28 The operating software for the Program Equipment (the “Software”) will be provided and maintained by HAYDEN AI. The Software will collect the captured electronic images of the license plates of vehicles that appear to be in violation of bus stop and bike lane restrictions and the corresponding location, date/time, and other data, as evidence of such violation. 2.29 The collection of violation-related data will be wirelessly and electronically transmitted by HAYDEN AI by SFTP to the CITY’S citation processing and adjudication system provided by DUNCAN. SACRT may request access for any video recorded from a SACRT bus, so long as SACRT complies with the Automated License Place Recognition Policy (“Policy”), attached hereto as Exhibit A, and uses the video only for the authorized uses set out in the Policy. 2.30 All references to electronic transmissions made in this MOU shall be a function of HAYDEN AI’s Software. 2.31 The CITY shall utilize the data collected to produce a violation package (“Violation Package”) that shall include, but not be limited to, the following: 2.31.1 Video and/or still images of a vehicle and its license plate within a bike lane or bus stop in violation of bike lane and bus stop restrictions. Such video and/or still image shall be date and time-stamped with the actual and accurate date and time the video and/or still images were captured, as well as stamped with the GPS coordinates of the location where the video or still images were captured. Unless SACRT requests otherwise, videos and images transmitted to the CITY shall be sufficient in duration and/or context to show a vehicle that is standing or parked in a designated bike lane or bus stop. All of the above violation related data will be provided by HAYDEN AI. 2.31.2 A certification that the video and images have not been altered, and that the stated time and location are accurate will be provided by HAYDEN AI. 2.31.3 A daily set up log report which indicates that the system passed all self- tests on the day the video and images in the Violation Package were created will be provided by HAYDEN AI. 2.31.4 Results of license plate search including the name of the registered vehicle owner, the registrant’s address, and the vehicle make, model, body type and vehicle identification number (“VIN”) provided by DUNCANutilizing and leveragingthe CITY’s existing violation processing system provided by DUNCAN.
2.31.5 The bus number(s) corresponding to the buses that captured the video or still images, along with the bus route on which the buses were travelling will be provided by HAYDEN AI. 2.31.6 The identification number of the camera that captured the video and/or still image will be provided by HAYDEN AI. 2.31.7 The street address and/or cross streets of the location where the vehicle was captured by the camera to be in violation of the bus stop or bike lane restriction will be provided by HAYDEN AI. 2.31.8 The data to be provided by HAYDEN AI to create the evidence package to Hayden AI’s Review Platform the CITY for review within three (3) calendar days of the Software’s detection of a violation. 2.31.9 The CITY will review the evidence package and determine if a violation occurred or did not occur within three (3) calendar days of receiving the evidence package from HAYDEN AI. 2.31.10 Program related information can be shared with non SACRT agencies with the CITY’s written approval. 2.31.11 CITY shall be responsible for having sufficient CITY employees review each evidence package in order to validate whether the evidence package demonstrates a vehicle’s violation of a bike lane or bus stop restriction. Upon such confirmation, the individual will electronically indicate approval thereof and cause a Violation Package to be electronically processed for the issuance of a Notice of Illegal Parking to the registered owner of the vehicle. 2.31.12 CITY shall maintain records of evidence package reviews and decisions. 2.31.13 CITY shall produce a certificate for each Violation Package that it approves for issuance of a parking violation, that is sworn to or affirmed by CITY employee that inspected all contents of the applicable Violation Package, that the CITY employee was trained to identify those violations, and that the contents of the Violation Package showed a violation. 2.31.14 The CITY and SACRT shall adopt and enforce measures to protect the privacy of drivers, passengers, pedestrians and cyclists whose identity and identifying information may be captured by a mobile bus stop or bike lane photo device. 2.31.15 SACRT shall install and maintain bus stop signage and markings as required by California Vehicle Code section 21655.1(c).
2.31.16 CITY shall report to SACRT missing or damaged bus stop signage and markings on a mutually agreed upon schedule. 2.31.17 CITY shall be responsible for issuing each Notice of Parking Violation in a manner consistent with AB 917 (2021) and AB 361 (2023), amended into California Vehicle Code sections 40240 and 40245, respectively, which authorize the use of forward-facing parking control devices to capture photographs and video of parking violations in bus stops and photos of bike lane restrictions. 2.31.18 CITY shall defend the validity of the parking violation if contested by a vehicle owner as permitted by California Vehicle Code section 40215. 2.31.19 The CITY and SACRT shall collaborate on presentations, reports and other public statements on the operation and effectiveness of the Program. The City will provide at least one annual presentation on the Program to the SACRT Board. ARTICLE 3. COST REIMBURSEMENT AND PROVISION OF REVENUE 3.1 DUNCANshall transmit twenty-five (25) percent of the revenue collected from the base fine, less court surcharges, collected pursuant to the Program to SACRT on a monthly basis for bus stop violations. 3.2 DUNCAN shall transmit five (5) percent of the revenue collected from the base fine less court surcharges, collected pursuant to the Program to SACRT on a monthly basis for bike lane violations. 3.3 DUNCAN and HAYDEN AI shall assume all costs associated with the procurement, installation and maintenance of the Program Equipment and Software, and the preparation and transmittal of data associated with the Violation Packages. 3.4 CITY shall assume all costs associated with the creation, review and approval of Violation Packages, issuance of Notice of Parking Violation and processing costs and any adjudication thereof, and the collection of revenue therefrom. 3.5 Monthly, CITY will provide an accounting of its actual expenses that were directly incurred in the performance on this MOU. ARTICLE 4. CONFIDENTIALITY 4.1 In accordance with applicable law, the Parties agree to hold as confidential all records that are security sensitive, trade secrets, or which may otherwise be subject to exemption pursuant to the California Public Records Act. 4.2 All Parties agree to adhere to the CITY’S License Plate Recognition (LPR) Policy, which is attached as Exhibit A.
ARTICLE 5. RECORD RETENTION5.1 DUNCAN and HAYDEN AI will retain and purge evidence and violation data, photos and video on their respective processing systems as required by California Vehicle Code. ARTICLE 6. MUTUAL INDEMNIFICATION 6.1CITY or CITY’s contractors and subcontractors,DUNCANand HAYDEN AI, will defend, indemnify, and hold harmless SACRT from and against any and all claims, lawsuits, damages, losses, or liabilities, whether direct or indirect, associated with the processing, issuance, and/or adjudication of the violations. 6.2SACRT will defend, indemnify, and hold harmless CITY from and against any and all claims, lawsuits, damages, losses, or liabilities, whether direct or indirect, associated with the operation of any buses outfitted with cameras and other equipment installed by either HAYDEN AI, CITY, DUNCAN or their subcontractors for purposes of this Program. ARTICLE 7. INSURANCE All Parties agree to adhere to the CITY’s insurance coverage, which is attached as Exhibit B. ARTICLE 8. COMPLIANCE WITH LAWS The Parties agree that they will comply with all applicable provisions of City, State, and Federal laws and regulations. Any and all applicable provisions of State and Federal laws or regulations, which may be required to be set forth herein by same, are deemed set forth herein to the fullest extent required by law and are incorporated by reference herein.
ARTICLE 9. NO ASSIGNMENTNo portion of these services maybe assigned or transferred without the written consent of the City. ARTICLE 10. ENTIRE MOU This MOU sets forth the entire understanding between the City and SACRT superseding all prior understandings, written or oral, and may be modified only through the mutual, written understanding of both Parties. ARTICLE 11. TERMINATION In addition to the provisions of Article 1, this MOU may be terminated at any time by any Party upon 120 days’ written notice to the other party. ARTICLE 12. NO GRANT OF AGENCY Except as the Parties may specify in writing, neither Party shall have authority, express or implied, to act on behalf of the other Party in any capacity whatsoever as an agent. Neither Party shall have any authority, express or implied, pursuant to this MOA, to bind the other Party to any obligation whatsoever. ARTICLE 13. NO WAIVER Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder. ARTICLE 14. SEVERABILITY If a court with jurisdiction rules that any nonmaterial part of this MOU is invalid, unenforceable, or contrary to law or public policy, then the rest of this MOU remains valid and fully enforceable. ARTICLE 15. AUTHORITY The person signing this MOU for SACRT hereby represents and warrants that he/she is fully authorized to sign this MOU on behalf of SACRT and to bind SACRT to the performance of its obligations hereunder. City shall have no obligations whatsoever under this MOU, unless and until this MOU is executed by the City Manager or the City Manager’s authorized designee.
ARTICLE 16. COUNTERPARTSThis MOU may be executed in counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same document. Facsimiles, pdfs, and photocopies of signature pages of the agreement have the same binding effect as originals.IN WITNESS WHEREOF, the Parties hereto have duly executed this Memorandum of Understanding as of the date first written above.CITY OF SACRAMENTOBy:Name:Title:Approved as to Form:By: _____________________________________Senior Deputy City AttorneyAttest:By: _____________________________________City ClerkSACRAMENTO REGIONAL TRANSITBy: Name:Title:
Exhibit B Insurance Requirements. During the entire term of this Agreement, PARTNER shall maintain the insurance coverage described in this Exhibit. The CITY will provide no compensation for PARTNERproceeds in excess of the specified minimum limits and coverages shall be available to the CITY. It is understood and agreed by the PARTNER that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the PARTNER in connection with this Agreement. A. Minimum Scope & Limits of Insurance Coverage (1) Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of PARTNER, its subpartners, and subcontractors, products and completed operations of PARTNER, its subpartners, and subcontractors, and premises owned, leased, or used by PARTNER, its subpartners, and subcontractors, with limits of not less than $1,000,000 per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. (2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per accident. The policy shall provide coverage for owned, non-owned, and/or hired autos as appropriate to the operations of the PARTNER. No automobile liability insurance shall be required if PARTNER completes the following certification: ________ (PARTNER initials) (3) Excess Insurance: The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance shall contain, or be endorsed to contain, a provision that it shall apply on a primary basis for the benefit of the CITY, and any insurance or self-insurance maintained by CITY, its officials, employees, or volunteers shall be in excess of such umbrella or excess coverage and shall not contribute with it. (4) with statutory limits, and with limits of not less than $1,000,000. The Workers Compensation policy shall include a waiver of subrogation in favor of the CITY. If no work or services will be performed on or at CITY facilities or CITY Property, the CITY Representative may waive this requirement by selecting the option below: CITY is not required. _____ (CITY Representative initials) PARTNER completes the following certification: employ anyone. I am exempt from the legal requirements to (PARTNER initials) (5) Professional Liability Insurance providing coverage on a claims made basis for errors, omissions, or malpractice with limits of not less than $1,000,000 dollars. Professional Liability (Errors and Omissions) insurance: Is _____X__ Is not ______ [check one] required for this Agreement. If required, such coverage must be continued for at least three year(s) following the completion of all Services and Additional Services under this Agreement. The retroactive date must be prior to the date this Agreement is approved or any Services are performed. B. Additional Insured Coverage (1) Commercial General Liability Insurance: The CITY, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of PARTNER, its subpartners, and subcontractors; products and completed operations of PARTNER, its subpartners, and subcontractors; and premises owned, leased, or used by PARTNER, its subpartners, and subcontractors. (2) Automobile Liability Insurance: The CITY, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. C. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: (1) Except for professional liability, PARTNERincluding excess insurance, shall be primary insurance as respects CITY, its officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officials, employees, or volunteers shall be in excess of PARTNERwith it. (2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its officials, employees, or volunteers. (3) Coverage shall state that PARTNERto each insured against whom claim is made or suit is brought, except (4) CITY will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms. D. Acceptability of Insurance A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Section 9 must be declared to and approved by the CITY in writing prior to execution of this Agreement. E. Verification of Coverage (1) PARTNER shall furnish CITY with certificates and required endorsements evidencing the insurance required. The certificates and endorsements shall be forwarded to the CITY representative named in Exhibit A. Copies of policies shall be delivered to the CITY on demand.
Certificates of insurance shall be signed by an authorized representative of the insurance carrier. (2) For all insurance policy renewals during the term of this Agreement, PARTNER shall send insurance certificates reflecting the policy renewals directly to: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 (3) Certificate Holder must be listed as: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 (4) The CITY may withdraw its offer of contract or cancel this Agreement if the certificates of insurance and endorsements required have not been provided prior to execution of this Agreement. The CITY may withhold payments to PARTNER or cancel the Agreement if the insurance is canceled or PARTNER otherwise ceases to be insured as required herein. F. Subcontractors PARTNER shall require and verify that all sub-consultants and subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in subsection A, above.