Costa
Mesa Documents - Set # 8
Costa Mesa's Contract with the Vendor
As of July
2004 the documents consist of a contract with three exhibits, plus a
later addendum. Here are some major provisions.
Longer excerpts are below.
Vendor, and
term: The vendor is Nestor Traffic Systems, the contract was
signed in July 2002 and runs until Sept. 2008 (approx.).
Fees: The vendor is paid the greater of (a) 69.5%
(at the time of the contract signing, $97.50) of the fine amount
allocated to the City ($137.69 at time of signing) for each ticket
paid, or (b) $3336.75 monthly per camera. (Section 4.1)
Length of yellow lights: The City may not unilaterally
alter the yellow or all red phases. (Section
5.5)
Pre-empt signal: At the option of the city, the camera
computer can extend the all-red phase. (Section 6.4(iii))
Camera locations:
The Vendor can veto the City's choice of camera locations.
(Section 1.1 of Exhibit A)
Certificates of Mailing:
The vendor will mail the citations and obtain a Certificate of Mailing
issued by the Post Office. (Section 3.3.1 of Exhibit A)
Warning signs: The
vendor will supply one warning sign per camera. (Section 6.2 of
Exhibit A)
Records destruction:
An addendum requires that records be destroyed quickly.
Fees.
From Section 4.1
4. FEES AND PAYMENT
4.1
After
issuance of the first “Citation” (as that term is defined in Section
3.1 of Exhibit
A) issued under the System, the Municipality shall pay Nestor a monthly
fee (“Monthly
Fee”). The Monthly Fee shall be the
greater of the amounts determined pursuant to Section 4.1(i) and
Section 4.1(ii)
below.
(i)
A Citation
fee equal to Sixty Nine Point Five percent (69.5 %)
(currently $95.70) of the aggregate
statutorily assessed fine amount allocated to the Municipality
(currently
$137.69), subject to a minimum per Citation fee of Fifty-Five Dollars
($55.00) (the
“Minimum Per Citation Fee”) for each Citation issued by the System that
receives a Final Disposition. As used
herein, “Final Disposition” means, with respect to an issued Citation:
(a) the
payment, in full or part, of the assessed fine, including bail
forfeitures,
with respect to such Citation, or (b) if adjudicated, a final
disposition from
a court is received other than a dismissal resulting from a lack of
evidence.
(ii)
A fee equal
to the greater of: (a) the monthly fee as calculated per Section
4.1(i), and
(b) the “Monthly Minimum.” The “Monthly
Minimum” shall equal Three Thousand Three Hundred Thirty-Six Dollars
and Seventy-Five
Cents ($3,336.75) times the number of “Installed Approaches” monitored
during
the month in question (partial months shall be pro rated). “Installed Approach” shall mean an approaching
direction of travel on any individual access road or street to any
intersection
that is monitored by the System. On a
monthly basis the total Monthly Minimum will be calculated as an
aggregate of
all Installed Approaches.
5.
RESPONSIBILITIES
OF THE MUNICIPALITY
5.5
Except as
otherwise required by law, during the term of this Agreement, the Municipality
shall not modify the yellow or all red phases of a traffic signal
without
advising Nestor in advance of such modification; provided,
however, that in the
event of an emergency, the municipality may make such modifications,
provided
it provides notice to Nestor within forty-eight (48) hours after any
such
modification. In the event any such
modification materially adversely affects any Installed Approach(es)
and upon
written notice from Nestor, either; (i) the Municipality may elect to
relocate
the affected Installed Approaches in accordance with Exhibit A, Section
1.2, or
if such election is not made within sixty (60) days after Municipality
receives
written notice from Nestor, (ii) Nestor may terminate this Agreement
with
respect to such Installed Approach(es), provided the adverse effect is
related
to the functional operation of the Installed Approach, and the
Municipality
shall pay to Nestor on demand the termination and cancellation fee set
forth in
Section 4.3(i) pro rated by the ratio of the number of such terminated
Installed
Approach(es) to the total of all Installed Approaches.
Pre-empt signal. From Section
6.4(iii).
(iii) The System generates a preempt
signal when a violation is predicted which may be used, at the option
of the Municipality, to extend the all-red phase, and may not detect
every event for which it is desirable to recommend extension of the
red light phase;
Camera locations. From Section 1.1 of
Exhibit A. (Emphasis added.)
1.1 ...intersections, to be selected
by Municipality, in Municipality's sole and absolute discretion...
provided however that in the event Nestor reasonably believes, in
Nestor's professional and reasonable judgment, that installing the
System at a particular intersection or approach would not be commercially practicable, due to
installation difficulties or functionality issues, Nestor may notify
Municipality, and Municipality shall select another intersection or
approach.
Certificates of Mailing. From Section
3.1.1 of Exhibit A.
To the extent required by applicable law,
Nestor will obtain a certification of mailing issued by the Post Office.
Warning signs. From Section 6.2 of
Exhibit A.
Nestor shall provide one (1) warning sign
per approach.
The records destruction addendum to the contact.
The City says it
was signed in 2003, although the contract document doesn't specify the
year.
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