Common use of Violation Processing Clause in Contracts

Violation Processing. During the Operational Period, Violations shall be processed as follows: 3.3.1. All Violations Data shall be stored on the Redflex System. 3.3.2. The Redflex System shall process Violations Data gathered from the Designated Intersection Approaches into a format capable of review by the Authorized Employee via the Redflex System. 3.3.3. The Redflex Photo Enforcement System will be accessible by Authorized Staff through a secure and encrypted connection by use of a confidential user account on a computer equipped with a high-speed Internet connection and an approved web browser. 3.3.4. Redflex shall provide the Authorized Employee with access to the Redflex System for the purposes of reviewing the pre-processed Violations Data within five (5) days of the gathering of the Violation Data from the applicable Designated Intersection Approaches. 3.3.5. The Customer shall cause the Authorized Employee 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 EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE’S SOLE DISCRETION (A “CITATION DECISION”), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION DECISION. 3.3.6. With respect to each Authorized Violation, Redflex shall print and mail a Citation before the eleventh (11th) day after the violation of such authorization; provided, however, during the Warning Period, warning violation notices shall be issued in respect of all Authorized Violations. 3.3.7. Redflex shall provide a toll-free telephone number for the purposes of answering citizen inquiries. 3.3.8. Redflex shall permit the Authorized Employee to generate reports using the Redflex Standard Report System. 3.3.9. Upon Redflex’s receipt of a written request from the Customer and in addition to the Standard Reports, Redflex shall provide, without cost to the Customer, 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 Customer in such format and for such periods as mutually agreed upon. 3.3.10. During the six (6) month period following the Installation Date and/or upon Redflex’s receipt of a written request from the Customer at least fourteen (14) calendar days in advance of court proceeding, Redflex shall provide expert witnesses for use by the Customer in prosecuting Violations; provided, however, the Customer shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses; After the initial 6 month period, included in the monthly fees, ▇▇▇▇▇▇▇ will provide expert testimony with 14-days advance notice for up to four (4) times per year, additional expert witness testimony will be provided on a cost reimbursement basis. 3.3.11. During the three (3) month period following the Installation Date, Redflex shall provide such training to Customer personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the Customer with respect to the Redlight Enforcement Program.

Violation Processing. During the Operational Period, Violations shall be processed as follows: 3.3.13.4.1. All Violations Data shall be stored on the Redflex SmartOps™ System. 3.3.23.4.2. The Using the SmartOps™ System, Redflex System shall process Violations Data gathered from the Designated Intersection Approaches and/or streets and Designated Vehicles into a format capable of review by the Authorized Employee Officer via the Redflex SmartOps™ System. 3.3.33.4.3. The Redflex Photo Enforcement SmartOps™ System will shall be accessible by the Authorized Staff Officer through a secure and virtual private network in encrypted connection format by use of a confidential user account password on a any computer equipped with a high-speed Internet internet connection and an approved a web browser. 3.3.43.4.4. Redflex shall provide the Authorized Employee Officer with access to the Redflex SmartOps™ System for the purposes of reviewing the pre-processed Violations Data within five seven (57) days of the gathering of the Violation Violations Data from the applicable Designated Intersection ApproachesApproaches and/or streets and Designated Vehicles. And Redflex shall permit the Authorized Officer to generate monthly reports using the Redflex Standard Report System. 3.3.53.4.5. The Customer shall cause the Authorized Employee Officer to review the Violations Data and to determine whether a citation Citation shall be issued with respect to each Potential Violation captured within such Violation Violations 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 through the Redflex SmartOps™ 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 EMPLOYEE OFFICER AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE’S OFFICER‟S SOLE DISCRETION AND IN ACCORDANCE WITH ISSUANCE CRITERIA ESTABLISHED BY CUSTOMER FROM TIME-TO-TIME (A “CITATION DECISION”), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION DECISION. 3.3.63.4.6. With respect to each Authorized Violation, Redflex shall print and mail a Citation before the eleventh within six (11th6) day calendar days after the violation Redflex‟s receipt of such authorization; provided, however, during the Warning Period, warning violation notices shall be issued in respect of all for Authorized ViolationsViolations during any mutually-agreed upon warning period. 3.3.73.4.7. The Authorized Officer shall pick up forms completed by defendants nominating another person as the driver (“Nomination forms”) from the Court daily. Nominations made within sixty (60) calendar days from the date of Violation are timely. For each timely Nomination approved by the Authorized Officer, Redflex shall reissue a Citation to the Nominated defendant bearing a new number. In its daily electronic updates to the Court, Redflex shall include each reissued Citation identified by new number (i.e., PH# ) and name, and advise the Court of the related original Citations to be dismissed. Redflex shall reissue Citations to “Nominated” defendants within twelve (12) calendar days of receipt of the Nomination forms. 3.4.8. Redflex shall provide a toll-free telephone number for the purposes of answering citizen inquiries. 3.3.8inquiries and scheduling review of Violations. Redflex shall permit If digital imaging is used, and the Authorized Employee to generate reports using photograph is included with the Redflex Standard Report System. 3.3.9. Upon Redflex’s receipt of a written request from the Customer and in addition to the Standard ReportsCitation, Redflex shall provide, without cost be able to the Customer, reports regarding the processing and issuance of Citations, the maintenance and downtime records provide a duplicate copy upon request of the Designated Intersection Approaches and the functionality of the Redflex System with respect thereto to the Customer in such format and for such periods as mutually agreed uponCourt or a citizen. 3.3.10. During the six (6) month period following the Installation Date and/or upon Redflex’s receipt of a written request from the Customer at least fourteen (14) calendar days in advance of court proceeding, Redflex shall provide expert witnesses for use by the Customer in prosecuting Violations; provided, however, the Customer shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses; After the initial 6 month period, included in the monthly fees, ▇▇▇▇▇▇▇ will provide expert testimony with 14-days advance notice for up to four (4) times per year, additional expert witness testimony will be provided on a cost reimbursement basis. 3.3.11. During the three (3) month period following the Installation Date, Redflex shall provide such training to Customer personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the Customer with respect to the Redlight Enforcement Program.

Violation Processing. During the Operational PeriodTerm, Violations shall be processed as follows: 3.3.1. All Violations Data shall be stored on the Redflex System.; 3.3.2. The Redflex System shall process Violations Data gathered from the Designated Intersection Approaches into a format capable of review by the Authorized Employee via the Redflex System.; 3.3.3. The Redflex Photo Enforcement System will be accessible by Authorized Staff through a secure and encrypted connection by use of a confidential user account on a computer equipped with a high-speed Internet connection and an approved web browser.; 3.3.4. Redflex shall provide the Authorized Employee with access to the Redflex System for the purposes of reviewing the pre-processed Violations Data within five (5) days of the gathering of the Violation Data from the applicable Designated Intersection Approaches.Data; 3.3.5. The Customer shall cause the Authorized Employee to review the Violations Data and to determine whether a citation Citation shall be issued with respect to each Potential Violation captured within such Violation Violations 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 EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE’S SOLE DISCRETION (A “CITATION DECISION”), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION DECISION.; 3.3.6. With respect to For each Authorized Violation, Redflex shall print and mail a Citation before the eleventh (11th) day after the violation ▇▇▇▇▇▇▇’s receipt of such authorizationauthorization but in no case later than the 10th business day following the date of the Potential Violation; provided, however, during the Warning PeriodPeriod following the construction of a New Intersection Approach(es), if any, only warning violation notices shall be issued in respect of for all Authorized Violations; 3.3.7. During the Operational Period, Violations shall be processed in accordance with the business rules established by the City and agreed to by Redflex (the “Business Rules”). The Business Rules shall ensure that the violations are processed in accordance with the proper laws and statues. The City Project Manager, in consultation with the Police Chief, is delegated the authority to establish the Business Rules, amend such rules, and authorize changes of such rules. The City attorney shall review the rules for legal content and correctness. Redflex shall not make any changes to the process or program of Business Rules without written approval from the City. Failure to follow the designated processing program or Business rules when issuing Citations shall not give rise to any legal recourse by violator and shall not be cause for dismissal of Citation. 3.3.73.3.8. Redflex shall provide a toll-free telephone number for the purposes of answering citizen inquiries.; 3.3.83.3.9. Redflex shall permit the Authorized Employee to generate reports using the Redflex Standard Report System.; 3.3.93.3.10. Upon Redflex’s receipt of a written request from the Customer and in addition to the Standard Reports, Redflex shall will provide, without cost to the Customer, 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 access to a reporting tool to allow the Customer in such format and for such periods as mutually agreed upon.to generate other reports; 3.3.103.3.11. During the six (6) month period following the Installation Date and/or upon RedflexUpon ▇▇▇▇▇▇▇’s receipt of a written request from the Customer at least fourteen (14) calendar days in advance of a court proceeding, Redflex shall provide expert witnesses for use by the Customer in prosecuting ViolationsViolations at no cost to the Customer; provided, however, the Customer shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses; After the initial 6 month period, included in the monthly fees, ▇▇▇▇▇▇▇ will provide expert testimony with 14-days advance notice for up to four (4) times per year, additional expert witness testimony will be provided on a cost reimbursement basis. 3.3.113.3.12. During the three (3) month period following the Installation Date, Redflex shall provide such training to Customer personnel as shall be reasonably necessary in order to allow such City personnel to act as expert witnesses on behalf of the Customer with respect to the Redlight Enforcement ProgramCity.