10A Action 2011 0418 Supplement - Laserfiche WebLink

Home

4.3.5. 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. 4.3.6. 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; 4.3.7. Redflex shall provide a toll -free telephone number for the purposes of answering citizen inquiries 4.3.8. Redflex shall permit the Authorized Employee to generate reports using the Redflex Standard Report System. 4.3.9. 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. 4.3.10. Redflex shall provide, at no cost to Customer, expert court testimony for use by Customer in prosecuting Violations not to exceed a total of 12 appearances per year. Court appearances shall be performed by Redflex California employees only. Should Customer request expert court testimony from Redflex Traffic Systems Arizona offices such experts shall be provided to the Customer on a cost reimbursement basis only, which shall include reasonable travel expenses to appear at the venue for court testimony. 4.3.11. Such request must be made in writing with no less than fourteen (14) calendar day notification prior to court proceeding, when feasible and allowable. Otherwise, any request for testimony made in a reasonable manner and amount of time must be honored by Redflex. Customer will be provided with a local expert at no cost for up to 12 court appearances per year; however, 4.3.12. 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 personnel to act as expert witnesses on behalf of the Customer with respect to the Program. 4.4. Records Retention: Redflex shall retain confidential information to include photographic evidence and data associated with the Program for a period of up to six (6) months from the date of the violation or until final disposition of the citation, whichever date is later, and destroy the violations date thereafter in a manner that will preserve the confidentiality of any person included in the violations date. 4.5. PROSECUTION AND COLLECTION; COMPENSATION. The Customer shall diligently prosecute Citations and the collection of all Fines in respect thereof, and Redflex shall have the right to receive, and the Customer shall be obligated to pay, the compensation set forth on Exhibit D attached hereto. 6