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6.1 E <br /> REPORT <br /> To the Honorable Mayor and City Council <br /> From fihe Ci Mana er <br /> November 22, 2010 <br /> SUBJECT <br /> Amendment to Redflex Red Light Photo Enforcement Contract <br /> RECOMMENDATION <br /> By Motion, approve an amendment to the Redflex Photo Red Light Enforcement <br /> contract <br /> BACKGROUND <br /> In April 2007, the City entered into an agreement with Redflex Traffic Systems to <br /> provide automated red light photo enforcement seniices. This agreement is effective <br /> through March 2013. Pursuant to this agreement, the City pays Redflex a fixed monthly <br /> fee of $6,200.00 per rnonitored intersection approach in exchange for Redflex's <br /> automated service, which stores and delivers images of red light violations to the Police <br /> Department's photo enforcement program. With the City currently operating two <br /> intersection approaches, the current payment to Redflex is $12,400.00 per month or <br /> $148,800.00 annually. <br /> The purpose of the amendment is to remove existing contract language to avoid what <br /> some courts have viewed as a conflict with California Vehicle Code section 21455.5(g}, <br /> which prohibits a public entity from compensating a photo enforcement vendor based <br /> solely on the number of citations generated. The purpose of this state law is to avoid <br /> any financial incentive for either the government or the vendor to issue more citations <br /> than warranted. <br /> The original agreement contained a"cost neutrality" provision, which provided that if the <br /> contractual fees paid to Redflex in a twelve month period exceed the amount in fines <br /> collected by the City, Redflex will either absorb the shortfall or reimburse the difference <br /> if the City has already paid the fees to Redflex. The City has not implemented this <br /> provision, instead continuing to pay a flat monthly fee of $6,200 per monitared <br /> intersection approach. The�efore the City has remained in compliance with state law. <br /> This amendment is an administrative correction to conform the agreement to the City's <br /> practice and state law. <br /> ALTERNATIVES <br /> Decline to amend the contract and leave the language in place, running the risk that <br /> citations could be invalidated by the courts on the basis of the cost neutrality clause. <br /> FISCAL IMPACT <br /> This amendment has no fiscal impact because the City has paid, and expects to <br /> continue to pay, the flat fee of $6,200 per monitored intersection approach pursuant to <br /> the original agreement. <br /> 1 <br />