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Home My WebLink About3949 RESOLUTION NO.3 9 4 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND AUTHORIZING THE EXECUTION AND ENTRY INTO AN AGREEMENT BETWEEN THE CITY OF AUBURN AND REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT AND MOBILE SPEED ENFORCEMENT PROGRAMS WHEREAS, the state law in the State of Washington has recently accommodated the opportunity for cities to utilize photo red light and mobile speed enforcement programs, within certain restrictions and limitations; and WHEREAS, to address the public safety concerns involved in people running red lights or speeding in certain speed zones, including school zones, the City of Auburn is interested in employing such programs; and WHEREAS, the City of Auburn has solicited proposals from vendors involved in the programs nationwide and has received and reviewed those proposals and has developed a contract with the selected service provider for such services; and WHEREAS, it is in the best interest of the City and it is appropriate for the City to enter into that contract to utilize the services for photo red light and mobile speed enforcement programs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 3949 November 29, 2005 Page 1 Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an Agreement between the City of Auburn and Redflex Traffic Systerns, Inc. for photo red light and mobile speed enforcement programs which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and affect upon passage and signatures hereon. DATED and SIGNED this S'\-t\.day of \\"('C €~".\~)BV 2005. C ~ S PE ER B. LEWIS Mayor Attest: bS~~11k- City Clerk Resolution No. 3949 November 29, 2005 Page 2 ~~ \ ~'- Resolution No. 3949 November 29, 2005 Page 3 , , AGREEMENT BETWEEN THE CITY OF AUBURN AND REDFLEX TRAFFIC SYSTEMS, INC. FOR AN EXCLUSIVE PHOTO RED LIGHT AND MOBILE SPEED ENFORCEMENT PROGRAM This Agreement (this "Agreement") is made as of this /JQ day of December, 2005 by and between Redflex Traffic Systems, Inc. with offices at 6047 Bristol Parkway 1 st Floor, Culver City, California 90230 ("Redflex"), and The City of Auburn a municipal corporation, with offices at (25 West Main Street, Auburn, Washington 98001) (the "Customer"). RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to digital photo red light enforcement systems; and WHEREAS, the Customer desires to engage the services of Redflex to provide certain equipment, processes and back office services so that sworn peace officers of the Customer are able to monitor, identify and enforce red light running violations; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions at the traffic intersections and city streets that will be monitored pursuant to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. DEFINITIONS. In this Agreement, the words and phrases below shall have the following meanings: 1.1. "Authorized Officer" means the Law Enforcement Project Manager and/or such other individual(s) as the Customer shall designate to review Potential Violations and to authorize the Issuance of Citations with respect thereto, and in any event, a sworn peace officer or a qualified employee of the City of Auburn . 1.2. "Authorized Violation" means each Potential Violation in the Violation Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized Officer by using the Redflex System. 1.3. "Citation" means the notice of a Violation, which is mailed or otherwise delivered by Redflex to the violator on the appropriate Enforcement Documentation in respect of each Authorized Violation. 1.4. "Confidential or Private Information" means, to the extent permitted by law, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Person's business or methods of operation or concerning any of such Person's suppliers, licensors, licensees, customers or others with whom such Person has a business relationship, and which has current or potential value to such Person or the Exhibit A Resolution No. 3949 1 , unauthorized disclosure of which could be detrimental to such Person, including but not limited to: 1.4.1. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or customers, or at which such Person sells or has sold its services; and 1.4.2. Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term "trade secrets" shall mean the broadest and most inclusive interpretation oftrade secrets. 1.4.3. Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iii) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be described. 1.5. "Designated Intersection Approaches" means the Intersection Approaches set forth on Exhibit A attached hereto, and such additional Intersection Approaches as Redflex and the Customer shall mutually agree from time to time. 1.6. "Designated Fixed Speed Sites" means the identified School Zones set forth for the purposes of fixed speed enforcement, as Redflex and the Customer shall mutually agree 1.7. "Electronic Signature" means the method through which the Authorized Officer indicates his or her approval of the issuance of a Citation in respect of a Potential Violation using the Redflex System. 1.8. "Enforcement Documentation" means the necessary and appropriate documentation related to the Photo Enforcement Program, including but not limited to warning letters, citation notices (using the specifications of the Judicial Council and the City, a numbering sequence for use on all citation notices (in accordance with applicable court rules), instructions to accompany each issued Citation (including in such instructions a description of basic court procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations (including with respect to coordinating with the Department of Motor Vehicles), and technical support documentation for applicable court and judicial officers. 1.9. "Equipment" means any and all cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the Exhibit A Resolution No. 3949 2 Redflex System(s), including but not limited to all camera systems, housings, radar units, severs and poles. 1.10. "'Fine" means a monetary sum assessed for Citation, including but not limited to bail forfeitures, but excluding suspended fines. 1.11. "Governmental Authoritv" means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any of the foregoing. 1.12. "Installation Date of the Photo Red Light Program" means the date on which Redflex completes the construction and installation of at least one (1) Intersection Approach in accordance with the terms of this Agreement so that such Intersection Approach is operational for the purposes of functioning with the Redlight Photo Enforcement Program. 1.13. "Installation Date of Mobile Photo Speed Program" means the date on which Redflex completes the construction and installation of at least one mobile unit in accordance with the terms of this Agreement so that such mobile speed unit is operational for the purposes of functioning with the Speed Photo Enforcement Program 1.14. "Intellectual Property" means, with respect to any Person, any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing), of such Person. 1.15. "Intersection Approach" means up to four (4) lanes of traffic moving towards an intersection from one direction. The lanes shall be contiguous from the curb (e.g., northbound, southbound, eastbound or westbound) on which at least one (I) system has been installed by Redflex for the purposes of facilitating Redlight Photo Enforcement by the Customer. 1.16. "Operational Period" means the period of tirne during the Term, commencing on the Installation Date, during which the Photo Enforcement Program is functional in order to permit the identification and prosecution of Violations at the Designated City Streets, School Zones and Intersection Approaches by a sworn peace officer of the Customer and the issuance of Citations for such approved Violations using the Redflex System. 1.17. "Person" means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association. 1.18. "Police Proiect Manaf?:er" means the project manager appointed by the Customer in accordance with this Agreement, which shall be a sworn peace officer and shall be responsible for overseeing the installation of the Intersection Approaches, the deployment of the mobile speed units and the implementation of Exhibit A Resolution No. 3949 3 the Photo Enforcement Program, and which manager shall have the power and authority to make management decisions relating to the Customer's obligations pursuant to this Agreement, including but not limited to change order authorizations, subject to any limitations set forth in the Customer's charter or other organizational documents of the Customer or by the city counselor other governing body of the Customer. 1.19. "Potential Violation" means, with respect to any motor vehicle passing through a Designated City Street and/or Intersection Approach, the data collected by the Redflex System with respect to such motor vehicle, which data shall be processed by the Redflex System for the purposes of allowing the Authorized Officer to review such data and determine whether a Violation has occurred. 1.20. "Proprietary Propertv" means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person's business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, docurnents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices. 1.21. "Redflex Marks" means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to Photo Enforcement at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing. 1.22. "Redflex Proiect Manager" means the project manager appointed by Redflex in accordance with this Agreement, which project manager shall initially be Joe Bernard or such person as Redflex shall designate by providing written notice thereof to the Customer from time to time, who shall be responsible for overseeing the construction and installation of the Designated Intersection Approaches and the implementation the Mobile Speed Enforcement Program, and who shall have the power and authority to make management decisions relating to Redflex's obligations pursuant to this Agreement, including but not limited to change-order authorizations. 1.23. "Redflex Photo Red Light System" means, collectively, the SmartCam™ System, the SmartOpsTM System, the Redlight Photo Enforcement Program, and all of the other equipment, applications, back office processes and digital red light traffic enforcement cameras, sensors, components, products, software and other tangible and intangible property relating thereto. 1.24. "Photo Red Light Enforcement Program" means the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and detectors (whether loop, radar or video loop) which, Exhibit A Resolution No. 3949 4 collectively, are capable of measuring Violations and recording such Violation data in the form of photographic images of motor vehicles. 1.25. "Photo Redlight Violation Criteria" means the standards and criteria by which Potential Violations will be evaluated by sworn peace officers of the Customer, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. 1.26. "Redflex Photo Speed Svstem" means, collectively, the SmartCam™ System, the SmartOpsTM System, the Photo Speed Enforcement Program, and all of the other equipment, applications, back office processes and digital speed traffic enforcement cameras, radar units, components, products, software and other tangible and intangible property relating thereto. 1.27. "Photo Speed Enforcement Program" means the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, interfaces and detectors which, collectively, are capable of measuring Violations and recording such Violation data in the form of photographic images of motor vehicles. 1.28. "Photo Speed Violation Criteria" means the standards and criteria by which Potential Violations will be evaluated by sworn police officers of the Custorner, which standards and criteria shall include, but are not limited to, the vehicle speed, the location(s) in which a motor vehicle must exceed posted speed limits prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. 1.29. ''SmartCam™ System" means the proprietary digital redlight photo enforcement system of Redflex relating to the Photo Red Light Enforcement Program. 1.30. "SmartOpsTM Svstem" means the proprietary back-office processes of Redflex relating to the Photo Red Light Enforcement Program. 1.31. ''SmartScene™ Svstem" means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data. 1.32. "Traffic Signal Controller Boxes" means the signal controller interface and detection system, including but not limited to the radar, video detection system, or induction loops used for normal signal operations not used for Redflex operation, as the case may be. 1.33. "Violation" means any traffic violation contrary to the terms of the Vehicle Code or any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate or registration. Exhibit A Resolution No. 3949 5 1.34. "Violations Data" means the images and other Violations data gathered by the Redflex System at the Designated City Streets and/or Intersection Approaches. 2. TERM. The term of this Agreement shall commence as of the date hereof and shall continue for a period of three (3) years after the Installation Date (the "Initial Term"). The Customer shall have the right, but not the obligation, to extend the term of this Agreement for up to two (2) additional consecutive two (2) year periods following the expiration of the Initial Term (each, a "Renewal Term" and collectively with the Initial Term, the "Term"). The Customer may exercise the right to extend the term of this Agreement for a Renewal Term by providing written notice to Redflex not less than thirty (30) days prior to the last day of the Initial Term or the Renewal Term, as the case may be. 3. SERVICES. Redflex shall provide the Photo Red Light and Speed Enforcement Program to the Customer, in each case in accordance with the terms and provisions set forth in this Agreement. 3.1. INSTALLATION. With respect to the construction and installation of the Redflex System at the Designated Intersection Approaches, the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit B attached hereto. 3.2. MAINTENANCE. With respect to the maintenance of the Redflex System at the Designated Intersection Approaches and the Mobile Speed Units, the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit C attached hereto. 3.3. 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 and will comply with the State of Washington's records retentions laws and will be provided to the Customer on a recordable CD format upon request; 3.3.2. The Redflex System shall process Violations Data gathered from the Designated City Streets and/or Intersection Approaches into a format capable of review by the Authorized Officer via the Redflex System; 3.3.3. The Redflex System shall be accessible by the Authorized Officer through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser; 3.3.4. Redflex shall provide the Authorized Officer with access to the Redflex System for the purposes of reviewing the pre-processed Violations Data within 5 days of gathering the Violation Data from the applicable Designated City Streets and/or Intersection Approaches, however, should the Customer suffer from operational issues resulting from this 5 day period, both parties will meet, discuss and implement a mutually agreed to operating practice that will alleviate the operational issue; 3.3.5. The Customer shall cause the Authorized Officer to review the Violations Data and to determine whether a citation shall be issued with respect to each Exhibit A Resolution No. 3949 6 Potential Violation captured within such Violation Data, and transrnit 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 OFFICER AND SHALL BE MADE IN SUCH AUTHORIZED OFFICER'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 within four (4) 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; 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 Officer to generate monthly 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 the Customer may reasonably request; provided, however, Redflex shall not be obligated to provide in excess of six (6) such reports in any given twelve (12) month period without cost to the Customer; 3.3.10. Upon the Customer's receipt of a written request from Redflex, the Customer shall provide, without cost to Redflex, reports regarding the prosecution of Citations and the collection of fines, fees and other monies in respect thereof in such format and for such periods as Redflex may reasonably request; provided, however, the Customer shall not be obligated to provide in excess of six (6) such reports in any given twelve (12) month period without cost to Redflex; 3.3.11. Upon Redflex's receipt of a written request from the Customer at least fourteen (7) 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; and 3.3.12. During the term of this agreement and any extensions, Redflex shall provide personnel to act as expert witnesses in any court where such testimony is germane on behalf of the Customer with respect to the Photo Enforcement Program. In addition to the above, during the term of this agreement and any extensions, and as requested by the Customer, Redflex Exhibit A Resolution No. 3949 7 shall provide such trammg to Police 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 Photo Enforcement Program. 3.4. PROSECUTION AND COLLECTION~ COMPENSATION. The Customer shall diligently prosecute, within its discretion, 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. 3.5. OTHER RIGHTS AND OBLIGATIONS. During the term hereof and any extensions, in addition to all of the other rights and obligations set forth in this Agreement, Redflex and the Customer shall have the respective rights and obligations set forth on Exhibit E attached hereto. 3.6. CHANGE ORDERS. The Customer may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Redflex, setting forth in reasonable detail the proposed changes (a "Change Order Notice"). Upon Redflex's receipt of a Change Order Notice, Redflex shall deliver a written statement describing the effect, if any, the proposed changes would have on the pricing terms set forth in Exhibit D (the "Change Order Proposal"), which Change Order Proposal shall include (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the Customer. Following the Customer's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the tirne, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change involves only the addition of equipment or services to the existing Designated Intersection Approaches, Designated City Vehicles, or the addition of Intersection Approaches to be covered by the terms of this Agreement, to the maxirnum extent applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with Section 10. 4. License: Reservation of Ril!hts. 4.1. License. Subject to the terms and conditions of this Agreement, Redflex hereby grants the Custorner, and the Customer hereby accepts from Redflex upon the terms and conditions herein specified, a non-exclusive, non-transferable license during the Term of this Agreement to: (a) solely within the City of Auburn access and use the Redflex System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any content posted on the Redflex System in connection therewith, (b) disclose to the public (including outside of the City of Exhibit A Resolution No. 3949 8 Auburn that Redflex is providing services to the Customer in connection with Photo Red Light Enforcement Program pursuant to the terms of this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness or education, or other publications or materials relating to the Photo Red Light Enforcement Program, so long as any and all such publications or materials are approved in advance by Redflex. 4.2. RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees that: (a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the Customer neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of Customer pursuant to this Agreement, the Customer shall gain no additional right, title or interest therein. 4.3. RESTRICTED USE. The Customer hereby covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Red flex therein, (d) use any trademarks or other marks other than the Redflex Marks in connection with the Customer's use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or (e) disassemble, de-compile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex System, including but not limited to any Equipment, or to any, Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any of the foregoing. 4.4. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The Customer shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any registrations or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex, which consent shall not be unreasonably withheld. 4.5. INFRINGEMENT. The Customer shall use its reasonable best efforts to give Redflex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex's Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. In the event that Redflex commences any enforcement action under this Section 4.5, then the Customer Exhibit A Resolution No. 3949 9 shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. 4.6. INFRINGING USE. The Customer shall give Redflex prompt written notice of any action or claim known to the Customer, whether threatened or pending, against the Customer alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex in the defense thereof; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. If such a claim is made and Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the Customer the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items. 5. Reuresentations and Warranties. 5.1. Redflex Representations and Warranties. 5.1.1. Authoritv. Redflex hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. 5.1.2. Professional Services. Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Redflex System, subject to applicable law, in compliance with all specifications provided to Redflex by the Customer. 5.2. Customer Representations and Warranties. 5.2.1. Authoritv. The Customer hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. 5.2.2. Professional Services. The Customer hereby warrants and represents that any and all services provided by the Customer pursuant to this Agreement shall be performed in a professional and workmanlike manner. 5.3. LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CUSTOMER'S USE OF ANY OF THE FOREGOING. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, REDFLEX DOES NOT WARRANT THAT ANY OF THE DESIGNATED INTERSECTION APPROACHES OR THE REDFLEX SYSTEM WILL OPERATE IN THE WAY THE CUSTOMER SELECTS FOR Exhibit A Resolution No. 3949 10 USE, OR THAT THE OPERATION OR USE THEREOF WILL BE UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES THAT THE REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS AGREEMENT, RED FLEX SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER. 6. Termination. 6.1. TERMINATION FOR CAUSE: Either party shall have the right to terminate this Agreement immediately by written notice to the other if (i) state statutes are amended to prohibit or substantially change the operation of photo red light enforcement systems; (ii) any court having jurisdiction over City rules, or state or federal statute declares, that results from the Redflex System of photo red light enforcement are inadmissible in evidence or otherwise unenforceable; or (iii) the other party commits any material breach of any of the provisions of this Agreement. Which aforementioned causes for termination (section 6.1) are not remedied within thirty (30) calendar days (or within such other time period as the Customer and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non-breaching party setting forth in reasonable detail the events which caused the breach. 6.2. The rights to terminate this Agreement given in this Section 6.1 shall be without prejudice to any other right or remedy of either party with respect to the breach concerned (if any) or any other breach of this Agreement. 6.3. PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relive either party of any liability that accrued prior to such termination. Except as set forth in this Section 6.3, upon the termination of this Agreement, all of the provisions of this Agreement shall terminate and: 6.3.1. Redflex shall (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the Photo Red Light Enforcement Program, (ii) promptly deliver to the Customer any and all Proprietary Property of the Customer provided to Redflex pursuant to this Agreement, (iii) promptly deliver to the Customer a final report to the Customer regarding the collection of data and the issuance of Citations in such format and for such periods as the Customer may reasonably request, and which final report Redflex shall update or supplement from time to time when and if additional data or information becomes available, (iv) promptly deliver to Customer a final invoice stating all fees and charges properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination, and (v) continue to provide such assistance as the Customer may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement. 6.3.2. The Customer shall (i) immediately cease using the Photo Red Light Enforcement Program, accessing the Redflex System and using any other Intellectual Property of Redflex, (ii) promptly deliver to Redflex any and all Exhibit A Resolution No. 3949 11 Proprietary Property of Redflex provided to the Customer pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination. 6.3.3. Unless the Customer and Redflex have agreed to enter into a new agreement relating to the Photo Red Light Enforcement Program or have agreed to extend the Term of this Agreement, Redflex shall remove any and all Equipment or other materials of Redflex installed in connection with Redflex's performance of its obligations under this Agreement, including but not limited to housings, poles and camera systems, and Redflex shall restore the Designated City Vehicles and Designated Intersection Approaches to substantially the same condition such Designated Intersection Approaches were in immediately prior to this Agreement. 6.4. SURVIVAL. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement: (a) Sections 4.2 (Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2 (Customer Representations and Warranties), 5.3 (Limited Warranty), 7 (Confidentiality), 8 (Indemnification and Liability), 9 (Notices), 10 (Dispute Resolution), 11.1 (Assignment), 11.17 (Applicable Law), 11.16 (Injunctive Relief; Specific Performance) and 11.18 (Jurisdiction and Venue), and (b) those provisions, and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions of this Agreement. 7. CONFIDENTIALITY. During the term of this Agreement and for a period of three (3) years thereafter, neither party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential Information learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement, except as provided herein below. Upon termination of this Agreement, each party shall return to the other all tangible Confidential Information of such party. Each party shall retain in confidence and not disclose to any third party any Confidential Information without the other party's express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Governmental Authority, or a request a by any person, entity or agency entitled to such information by law, including laws relating to public records. 8. Indemnification and Liabilitv. 8.1. Indemnification by Redflex. Subject to Section 8.3, Redflex hereby agrees to defend and indemnify the Customer and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them (individually a Exhibit A Resolution :\0. 3949 12 "Customer Party" and collectively, the "Customer Parties") against, and to protect, save and keep harmless the Customer Parties from, and to pay on behalf of or reimburse the Customer Parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements (including reasonable attorneys', accountants' and expert witnesses' fees) of whatever kind and nature (collectively, "Losses"), which may be imposed on or incurred by any Customer Party arising out of or related to the acts or omissions of Redflex and/or its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them (individually and collectively, "Redflex") in the performance of this Agreement, including, but not limited to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Redflex contained in this Agreement, or (b) the willful misconduct of Redflex, its employees or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Customer Party. 8.2. Indemnification bv Customer. Subject to Section 8.3, the Customer hereby agrees to defend and indemnify Redflex and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any of them (individually a "Redflex Party" and collectively, the "Redflex Parties") against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of the Customer contained in this Agreement, (b) the willful misconduct of the Customer, its employees, contractors or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Redflex Party, (c) any claim, action or demand not caused by Redflex's failure to perform its obligations under this Agreement, or (d) any claim, action or demand alleging negligent actions or omissions of the Customer regarding how it's used of the Redflex System or any portion thereof, where those allegations are totally independent of and unrelated to the obligations of Redflex. 8.3. Indemnification Procedures. In the event any claim, action or demand (a "Claim") in respect of which any party hereto seeks indemnification from the other, the party seeking indemnification (the "Indemnified Party") shall give the party from whom indemnification is sought (the "Indemnifying Party") written notice of such Claim promptly after the Indemnified Party first becomes aware thereof; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional Exhibit A Resolution No. 3949 13 or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim (subject to the approval of such counsel by the Indemnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified Party shall have the right to participate in the defense at its sole expense; provided, however, the Indemnified Party shall have the right to take over the control of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no party shall have the right enter into any settlement agreement that materially affects the other party's material rights or material interests without such party's prior written consent, which consent will not be unreasonably withheld or delayed. 8.4. LIMITED LIABILITY. Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or any duty at common or civil law, for any indirect, incidental, special, lost profits or consequential damages, however caused and on any theory of liability arising out of or relating to this Agreement. 9. NOTICES. Any notices to be given hereunder shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed first class, certified mail, return receipt requested, postage and registry fees prepaid, or ( c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, if the courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows: 9.1. Notices to Redflex: Redflex Traffic Systems, Inc. 15020 North 74th Street Scottsdale, AZ 85260 Attention: Ms. Karen Finley Facsimile: (480) 607-5552 9.2. Notices to the Customer: City of Auburn 340 East Main Street Auburn, W A 98002 Attention: Commander Greg Wood Facsimile: (253) 931-5108 Exhibit A Resolution No. 3949 14 10. DISPUTE RESOLUTION. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the "Dispute"), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 10, and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation. 11. Miscellaneous. 11.1. Assilp1ment. Neither party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed; provided, however, The Customer hereby acknowledges and agrees that the execution (as outlined in Exhibit F), delivery and performance of Redflex's rights pursuant to this Agreement shall require a significant investment by Redflex, and that in order to finance such investment, Redflex may be required to enter into certain agreements or arrangements ("Financing Transactions") with equipment lessors, banks, financial institutions or other similar persons or entities (each, a "Financial Institution" and collectively, "Financial Institutions"). The Customer hereby agrees that Redflex shall have the right to assign, pledge, hypothecate or otherwise transfer ("Transfer") its rights, or any of them, under this Agreement to any Financial Institution in connection with any Financing Transaction between Redflex and any such Financial Institution, subject to the Customer's prior written approval, which approval shall not be unreasonably withheld or delayed. The Customer further acknowledges and agrees that in the event that Redflex provides written notice to the Customer that it intends to Transfer all or any of Redflex's rights pursuant to this Agreement, and in the event that the Customer fails to provide such approval or fails to object to such Transfer within forty-five (45) business days after its receipt of such notice from Redflex, for the purposes of this Agreement, the Customer shall be deemed to have consented to and approved such Transfer by Redflex. Notwithstanding the above, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns. 11.2. RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. The relationship between the parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either party to incur any Exhibit A Resolution No. 3949 15 debts or liabilities or obligations on behalf of the other party (except as specifically provided herein). 11.3. AUDIT RIGHTS. Each of parties hereto shall have the right to audit to audit the books and records of the other party hereto (the "Audited Party") solely for the purpose of verifYing the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25%) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non-Audited Party shall promptly refund to the Audited Party the amount of the excess. 11.4. FORCE MAJEURE. Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission by Redflex, and unusually severe weather. The party whose performance is affected agrees to notify the other promptly ofthe existence and nature of any delay. 11.5. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties, and there are no other agreements (other than invoices and purchase orders), whether written or oral, which affect its terms. This Agreement may be amended only by a subsequent written agreement signed by both parties. 11.6. SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision, Provided that if the invalidity or unenforceability prevents the Customer from being able to utilize the Redflex System, as contemplated by and provided for in this Agreement, the Customer shall have the right to terminate this Agreement forthwith. 11.7. WAIVER. Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof. 11.8. CONSTRUCTION Except as expressly otherwise provided in this Agreement, this Agreement shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be construed more strictly against either party. Exhibit A Resolution No. 3949 16 11.9. HEADINGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to affect the meaning, interpretation or applicability of this Agreement or any term, condition or provision hereof. 11.10. EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Anyone of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Agreement, and no party shall be required to produce an original or all of such counterparts in making such proof. 11.11. COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent of this Agreement. 11.12. REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of anyone remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy. 11.13. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the parties hereto and their respective executors, administrators, successors and permitted assigns. 11.14. COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent of the Parties as expressed in this Agreement. 11.15. NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a party to this Agreement. 11.16. INJUNCTIVE RELIEF: SPECIFIC PERFORMANCE. The parties hereby agree and acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted Use) or 7 (Confidentiality) of this Agreement would result in severe and irreparable injury to the other party, which injury could not be adequately compensated by an award of money damages, and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of any material term, condition or provision of this Agreement, or to enjoin or prevent such a breach, including without limitation an action for specific performance hereof. Exhibit A Resolution No. 3949 17 11.17. APPLICABLE LAW. This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of Washington, United States. 11.18. JURISDICTION AND VENUE. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction and venue of the courts located in the County of King and both parties specifically agree to be bound by the jurisdiction and venue thereof. (The remainder of this page is left intentionally blank) Exhibit A Resolution No. 3949 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. "Customer" "Redflex" ::TY~W Peter B. Lewis, Mayor - ::DF't::~S me. Name:f<t1yc/1 F1n'-ef Title: Pr-e,5Idefl+! r!..e.O r ~ Exhibit A Resolution No. 3949 19 EXHIBIT "A" Designated Intersection Approaches The contract is for the initial implementation of up to 10 intersections. Identification of enforced intersection will be based on mutual agreement between Redflex and the Customer as warranted by community safety and traffic needs, but the Customer reserves the right for the final approval. Exhibit A Resolution No. 3949 20 EXHIBIT "B" Construction and Installation Obligations Timeframe for Installation: Fixed Photo Red Lil!ht Svstem Redflex will develop an implementation plan and submit said plan within 7 days of program Kick-Off to the Customer for approval. The implementation plan shall include a list of specified intersections to be installed and activated and include a detailed schedule of said installations and activations. The implementation plan shall show the first specified intersection installed and activated within forty-five (45) to sixty (60) days from execution of this agreement. The Customer reserves the right of final approval of the intersections at which the Redflex Traffic Systems cameras will be installed and utilized. Redflex Traffic Systems will not install and/or activate the traffic cameras or system until approval of the intersections is given by the Customer. Redflex shall install the system in accordance with the schedule set forth in the implementation plan. The Customer agrees that the estimated schedule for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed. In order to provide the Customer with timely completion of the photo enforcement project Redflex Traffic Systems requires that the Customer assist with providing timely approval of required permits. The Customer acknowledges the importance of the safety program and undertakes that in order to keep the project on schedule the customer is to provide review of Redflex permit requests and all documentation within five (5) business days of first submittal, and re-submittals within two (2) business days. Redflex will also review and correct if necessary any redlines with in two (2) business days. I. Redflex Obligations. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex's sole expense): 1.1. Appoint the Redflex Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Redflex Project Manager; 1.2. Request current "as-built" engineering drawings (electronic if available) for the Designated Intersection Approaches (the "Drawings") from the Customer; 1.3. Develop and submit to the Customer for approval construction and installation specifications for the Designated Intersection Approaches, including but not limited to specifications for all vehicle detection system and electrical connections and required traffic control plans as required; and 1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches (collectively, the "Approvals"), which will include compliance with City permit applications. 1.5. Finalize the acquisition of the Approvals; Exhibit A Resolution No. 3949 21 1.6. Submit to the Customer a public awareness strategy for review and approval, the strategy shall include media and educational materials (the "Awareness Strategy"); 1.7. Develop the Redlight Violation Criteria in consultation with the Customer; 1.8. Develop the Enforcement Documentation for approval by the Customer, which approval shall not be unreasonably withheld; 1.9. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersection Approaches (under the supervision of the Customer); 1.10. Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches in accordance with Customer approved "Construction and Installation Documents" as described in section 1.3 above, including but not lirnited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment, wiring, and required traffic control, which all work shall be performed in compliance with all applicable local, state and federal laws and regulations and be done under the supervision of the Customer; 1.11. Install and test the functionality of the Designated Intersection Approaches with the Redflex System and establish fully operational Violation processing capability with the Redflex System; 1.12. Implement the use of the Redflex System at each of the Designated Intersection Approaches; 1.13. Deliver the all necessary required and program related materials and documentation in a timely manner; 1.14. Issue citation notices for Authorized Violations; 1.15. Redflex shall provide all necessary and required program and technical training onsite within the City of Auburn for (i) up to fifteen (15) personnel of the Customer, including but not limited to the persons who Customer shall appoint as Authorized Officers and other persons involved in the administration of the Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the aggregate, (iii) regarding the operation of the Redflex System and the Redlight Photo Enforcement Program, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation, (iv) additional training will be provided to the Customer upon request, at no additional cost to the Customer and (v) annually, Redflex will work with the City and provide arrangements for the City's program director visit Redflex North American headquarters for operational audit purposes; 1.16. Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, and coordination between Redflex, the Customer and juvenile court personnel; and Exhibit A Resolution No. 3949 22 1.17. Provide reasonable public relations resources and media materials, in both printed and video/multimedia formats, to the Customer in the event that the Customer elects to conduct a public launch of the Photo Enforcement Program. 1.18. Citation processing and issuance of citations, including re-issuance of citations as directed by the Customer 1.19. Assist the Customer in assuring that the customer's website is able to be linked to the Redflex website 1.20. Ensure that all correspondence, citations or notices sent to violators by Redflex shall include a City of Auburn return address and have a non-specific First-Class Mail U.S Postage Paid postmark; 2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Customer's sole expense) : 2.1.1. Appoint the Police Project Manager; 2.1.2. Provide Redflex with the most current available Drawings for the Designated Intersection Approaches; 2.1.3. Notify Redflex of any known specific requirements relating to the construction and installation of the Designated Intersection Approaches or the implementation of the Photo Enforcement Program; 2.1.4. Provide assistance to Redflex in obtaining access to the records data of the Department of Licensing or other agency in Redflex's capacity as an independent contractor to the Customer; and 2.1.5. Assist Redflex in seeking the necessary pennit approvals 2.1.6. Provide reasonable access to the Customer's properties and facilities in order to permit Redflex to install and test the functionality of the Designated Intersection Approaches and the Redlight Photo Enforcement Program; 2.1.7. Provide reasonable access to the personnel of the Customer and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.1.8. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and program materials (the "Materials") that the Customer will require in order to implement the Awareness Strategy during the period commencing on the date on which Redflex begins the installation of any of the Designated Intersection Approaches and ending one (1) month after the Installation Date; 2.1.9. Assist Redflex in developing the Violation Criteria; and 2.1.10. Seek approval ofthe Enforcement Documentation. 2.1.11. Provide facilities for on-site user training Exhibit A Resolution No. 3949 23 Timeframe for Installation: Mobile Photo Speed Svstem Component (Optional) Redflex shall provide the Customer provide a fully equipped vehicle for mobile school zone photo speed enforcement. Redflex shall use reasonable commercial efforts to acquire and configure the vehicle within the first sixty (60) days subsequent to providing in writing a formal Notice to Proceed. The Customer acknowledges that the estimated timeframe for acquisition, equipping and delivery of the vehicle are subject to conditions beyond the control of Redflex and are not guaranteed. I. Redflex Obligations. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex's sole expense): 1.1. Supply a fully equipped vehicle for mobile photo speed enforcement. 1.2. Appoint the Redflex Project Manager and a project implementation team consisting of between one (I) and four (4) people to assist the Redflex Project Manager; ~ 1.3. Submit to the Customer a public awareness strategy for review and approval, the strategy shall include media and educational materials (the "Awareness Strategy") ; 1.4. Develop the Speed Violation Criteria in consultation with the Customer; 1.5. Develop the Enforcement Documentation for approval by the Customer, which approval shall not be unreasonably withheld; 1.6. Complete the installation and testing of all necessary Equipment, including hardware and software, in the Designated Vehicle 1.7. Install and test the functionality of the Designated Vehicle with the Redflex System and establish fully operational Violation processing capability with the Redflex System; 1.8. Deliver the all necessary required and program related materials and documentation in a timely manner; 1.9. Issue citation notices for Authorized Violations; 1.1 O. Redflex shall provide all necessary and required program and technical training onsite within the City of Auburn for (i) up to fifteen (IS) personnel of the Customer, including but not limited to the persons who Customer shall appoint as Authorized Officers and other persons involved in the administration of the Photo Speed Enforcement Program, (ii) for at least sixteen (16) hours in the aggregate, (iii) regarding the operation of the Redflex System and the Photo Speed Enforcement Program, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation, (iv) additional training will be provided to the Customer upon request, at no additional cost to the Customer and (v) annually, Redflex will work with the City and provide arrangements for the City's program director visit Redflex North American headquarters for operational audit purposes; Exhibit A Resolution No. 3949 24 1.11. Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, and coordination between Redflex, the Customer and juvenile court personnel; and 1.12. Provide reasonable public relations resources and media materials, in both printed and video/multimedia formats, to the Customer in the event that the Customer elects to conduct a public launch of the Photo Speed Enforcement Program. 1.13. Citation processing and issuance of citations, including re-issuance of citations as directed by the Customer 1.14. Assist the Customer in assuring that the customer's website is able to be linked to the Redflex web site 1.15. Ensure that all correspondence, citations or notices sent to violators by Redflex shall include a City of Auburn return address and have a non-specific First-Class Mail U.S Postage Paid postmark; 2. CUSTOMER OBLIGA nONS. The Customer shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Customer's sole expense): 2.1. Provide resources to deploy the vehicle at a minimum of five (5) hours per day. 2.2. Appoint the Police Project Manager; 2.3. Provide assistance to Redflex in obtaining access to the records data of the Department of Licensing or other agency in Redflex's capacity as an independent contractor to the Customer; and 2.4. Provide reasonable access to the personnel of the Customer and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.5. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and program materials (the "Materials") that the Customer will require in order to implement the Awareness Strategy 2.6. Assist Redflex in developing the Violation Criteria; and 2.7. Seek approval of the Enforcement Documentation. 2.8. Provide facilities for on-site user training Exhibit A Resolution No. 3949 25 Fixed Sveed School Zone (Ovtional) Redflex will develop an selection strategy and implementation plan and submit said plan within 30 days of program Kick-Off to the Customer for approval. The implementation plan shall include a list of specified fixed speed sites to be installed and activated and include a detailed schedule of said installations and activations. The implementation plan shall show the first specified intersection installed and activated within forty-five (45) to sixty (60) days from Customer approval. The Customer reserves the right of final approval of the designated fixed speed sites at which the Redflex Traffic Systems cameras will be installed and utilized. Redflex Traffic Systems will not install and/or activate the traffic cameras or system until approval of the intersections is given by the Customer. Redflex shall install the system in accordance with the schedule set forth in the implementation plan. The Customer agrees that the estimated schedule for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed. In order to provide the Customer with timely completion of the photo enforcement project Redflex Traffic Systems requires that the Customer assist with providing timely approval of required permits. The Customer acknowledges the importance of the safety program and undertakes that in order to keep the project on schedule the customer is to provide review of Redflex permit requests and all documentation within five (5) business days of first submittal, and re-submittals within two (2) business days. Redflex will also review and correct if necessary any redlines with in two (2) business days. 1. Redflex Oblif?:ations. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex's sole expense): 1.1. Appoint the Redflex Project Manager and a project implementation team consisting of between one (I) and four (4) people to assist the Redflex Project Manager; 1.2. Request engineering drawings (electronic if available) for the Designated Fixed Speed Sites (the "Drawings") from the Customer; 1.3. Develop and submit to the Customer for approval construction and installation specifications for the Designated Fixed Speed Sites, including but not limited to specifications for all vehicle detection system and electrical connections and required traffic control plans as required; and 1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Fixed Speed Sites (collectively, the "Approvals"), which will include compliance with City permit applications. 1.5. Finalize the acquisition of the Approvals; Exhibit A Resolution No. 3949 26 1.6. Submit to the Customer a public awareness strategy for review and approval, the strategy shall include media and educational materials (the "Awareness Strategy"); 1.7. Develop the Speed Violation Criteria in consultation with the Customer; 1.8. Develop the Enforcement Documentation for approval by the Customer, which approval shall not be unreasonably withheld; 1.9. Complete the installation and testing of all necessary Equipment, including hardware and software, in the Designated Fixed Speed Sites 1.1 O. Deploy and test the functionality at the Designated Fixed Speed Sites with the Redflex System and establish fully operational Violation processing capability with the Redflex System; 1.11. Deliver the all necessary required and program related materials and documentation in a timely manner; 1.12. Issue citation notices for Authorized Violations; 1.13. Redflex shall provide all necessary and required program and technical training onsite within the City of Auburn for (i) up to fifteen (15) personnel of the Customer, including but not limited to the persons who Customer shall appoint as Authorized Officers and other persons involved in the administration of the Photo Speed Enforcement Program, (ii) for at least sixteen (16) hours in the aggregate, (iii) regarding the operation of the Redflex System and the Photo Speed Enforcement Program, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation, (iv) additional training will be provided to the Customer upon request, at no additional cost to the Customer and (v) annually, Redflex will work with the City and provide arrangements for the City's program director visit Redflex North American headquarters for operational audit purposes; 1.14. Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, and coordination between Redflex, the Customer and juvenile court personnel; and 1.15. Provide reasonable public relations resources and media materials, in both printed and video/multimedia formats, to the Customer in the event that the Customer elects to conduct a public launch of the Photo Speed Enforcement Program. 1.16. Citation processing and issuance of citations, including re-issuance of citations as directed by the Customer 1.17. Assist the Customer in assuring that the customer's website is able to be linked to the Redflex website 1.18. Ensure that all correspondence, citations or notices sent to violators by Redflex shall include a City of Auburn return address and have a non-specific First-Class Mail U.S Postage Paid postmark; Exhibit A Resolution No. 3949 27 2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Customer's sole expense): 2.1. Appoint the Police Project Manager; 2.2. Provide assistance to Redflex in obtaining access to the records data of the Department of Licensing or other agency in Redflex's capacity as an independent contractor to the Customer; and 2.3. Provide Redflex with the most current available Drawings for the Designated Fixed Speed Sites; 2.4. NotifY Redflex of any known specific requirements relating to the construction and installation of the Designated Fixed Speed Sites or the implementation of the Photo Enforcement Program; 2.5. Provide assistance to Redflex in obtaining access to the records data of the Department of Licensing or other agency in Redflex's capacity as an independent contractor to the Customer; and 2.6. Assist Redflex in seeking the necessary permit approvals 2.7. Provide reasonable access to the personnel of the Customer and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.8. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and program materials (the "Materials") that the Customer will require in order to implement the Awareness Strategy 2.9. Assist Redflex in developing the Violation Criteria; and 2.10. Seek approval of the Enforcement Documentation. 2.11. Provide facilities for on-site user training Exhibit A Resolution No. 3949 28 EXHIBIT "C" Maintenance 1. All repair, maintenance and/or replacement of Photo Enforcement systems and related equipment will be the sole responsibility of Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti-free condition. 2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of the Customer's Traffic Engineer present. 3. The provision of all necessary communication, broadband and telephone services to the Designated Intersection Approaches will be the sole responsibility of the Redflex 4. The provision of all necessary electrical services to the Designated Intersection Approaches will be the responsibility of the Customer, if available, if electrical services are not available, the cost will borne by Redflex. 5. In the event that images of a quality suitable for the Authorized Officer to identify Violations camiot be reasonably obtained without the use of flash units, Redflex shall provide and install such flash units. 6. The Redflex Project Manager (or a reasonable alternate) shall be available to the Police Project Manager each day, on a reasonable best efforts basis. Exhibit A Resolution No. 3949 29 EXHIBIT "D" COMPENSATION & PRICING Fixed Photo Red Light System Commencing on the installation date, for each Designated Customer shall be obligated to pay Redflex a fixed fee of $4, Designated Intersection Approach ("Fixed Fee") as full remuner of the services contemplated in this Agreement. Mobile Photo Speed System Component (Optional) Commencing on the deployment date, for each Mobile Speed obligated to pay Redflex a fixed fee as outlined in the Pricing Ta as full remuneration for performing all of the services contemplat Tier Fixed Fee Per Month Volum I $4,870 $5,870 $6,870 Upt 2 3 Fixed Speed School Zone (Optional) Commencing on the installation date, for each Designated Schoo be obligated to pay Redflex a fixed fee as outlined in the Pricin Fee") as full remuneration for performing all of the service Agreement. Tier Fixed Fee Per Month Volu I $4,870 Upt 2 $5,870 3 $6,870 The fees paid to Redflex Traffic Systems under this contract are program, inclusive of all hardware, software and support serv implement and maintain a functional photo enforcement program software and support services shall include but are not limited process by which the monitoring, identification and enforcemen facilitated by the use of certain equipment, applications and bac Exhibit A Resolution No. 3949 30 101 Intersection Approach, 870 per month for each ation for performing all Unit, Customer shall be ble below ("Fixed Fee") ed in this Agreement. e o 100 Paid Citations -160 Paid Citations + Paid Citations I Zone, Customer shall g Table below ("Fixed s contemplated in this me o 100 Paid Citations 160 Paid Citations Paid Citations for a full turnkey ices required to . The hardware, to a program and t of Violations is k office processes 161 101- 161+ , of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and detectors (whether loop, radar or video loop) which, collectively, are capable of measuring Violations and recording such Violation data in the form of photographic images of motor vehicles. Services shall also include but are not limited to Training Services, Citation Processing, Expert Witness, and System Maintenance. Cost Neutralitv Notwithstanding the Fixed Fee provisions provided herein to the contrary, Redflex assures the Customer that the programs provided hereby shall be cost neutral to Customer. The maximum compensation that Customer shall be obligated to pay to Redflex each month is the Fixed Fee or the gross receipts received by the Customer, whichever is less. The Customer agrees to pay Redflex within thirty (30) days after the invoice is received. City shall be obligated to pay the cumulative balance invoiced by Redflex, in accordance with standard terms, to the extent of gross receipts to the city from automated violations. In the event that a balance remains unpaid due to a deficit in gross receipts compared to invoiced amounts, City will provide to Redflex with each monthly payment, an accounting of such gross receipts supporting the amount withheld. In the event that the contract ends or is terminated and an invoiced balance is still owed to Redflex, all subsequent receipts from automated red light violations for a period of up to 12 months from date of termination will be applied to such balance and paid to Redflex up to the amount of said balance. BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS: I. Redflex construction will be able to utilize existing conduit for installation where space is available. 2. Customer agrees to pay Redflex within forty-five (45) days after the invoice is received. A monthly late fee of 1 % of the unpaid balance is payable for amounts remaining unpaid 60 days from date of invoice. 3. Each year the pricing will increase by the cpr. CPI will be derived from the publication of the U.S. Department of Labor Consumer Price Index for U.S. City average. 4. Redflex will collect all payments on Citations and will deposit all payments into a lockbox account operated by an FDIC member bank and designated exclusively for the City (the "Lockbox Account"). The City shall have controlled access to the Lockbox Account. Redflex shall provide a full accounting to the City on a monthly basis in accordance with the specifications set forth in the Contract Documents. Exhibit A Resolution No. 3949 31 5. Redflex will offer the following payment methods: 5.1. By Mail: When paying a Citation by mail, individuals will be asked to enclose the Citation and a personal check, money order or cashier's check for the penalty amount indicated on the front of the Citation. Checks will be made payable as directed by the City and will be mailed to a specified address. 5.2. Walk-in Payments: Walk-in payments by personal check, money order, cashier's check or credit card will be accepted at City facilities (i.e Court). If the City receives a payment for a Citation, the City will forward the payment to Redflex's lockbox institution. 5.3. By Phone: Credit card payments will be accepted over the telephone by Redflex. 5.4. Pay-by-Web: Credit card payments will be accepted by Redflex via the Internet. Exhibit A Resolution [\'0. 3949 32 Exhibit "E" Additional Rights and Obligations Redflex and the Customer shall respectively have the additional rights and obligations set forth below: 1. Redflex shall be solely responsible for installing Signage, the size, description, location and nature of which shall be as approved by the Customer, which signage shall give notice of the Redlight Photo Enforcement Program and the Mobile Speed Enforcement Program. The Signage shall be installed at intersections and gateways to the Customer city, as determined by the Customer. The number of signs shall include not less than ten (10) intersection signs and twenty (20) gateway signs. The Redflex shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority ("Signage"), including but not limited to the Vehicle Code, and shall assist in determining the placement of such Signage. 2. The Redflex Project Manager and the Police Project Manager shall meet on a weekly basis during the period commencing as of the date of execution hereof and ending on the Installation Date, and on a monthly basis for the remainder of the Term, at such times and places as the Redflex Manager and the Customer Manager shall mutually agree. 3. The Customer shall not access the Redflex System or use the Redlight Photo Enforcement Program in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Redflex System or the Redflex Photo Enforcement Program with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or which could damage, disable, impair or overburden the Redflex System or the Redflex Photo Enforcement Program, and the Customer shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Redflex System, or (iii) any materials or information not intentionally made available by Redflex to the Customer by means of hacking, password mining or any other method whatsoever, nor shall the Customer cause any other Person to do any of the foregoing. 4. The Customer shall maintain the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Redlight Photo Enforcement Program. 5. Each of Redflex and the Customer shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Redflex and the Customer shall obey any and all such rules and regulations. 6. The Customer shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly by the Customer, or any of its employees, contractors or agents, save normal wear and tear. Exhibit A Resolution No. 3949 33 . . Exhibit "E" Additional Rights and Obligations Redflex and the Customer shall respectively have the additional rights and obligations set forth below: 1. Redflex shall be solely responsible for installing Signage, the size, description, location and nature of which shall be as approved by the Customer, which signage shall give notice of the Redlight Photo Enforcement Program and the Mobile Speed Enforcement Program. The Signage shall be installed at intersections and gateways to the Customer city, as determined by the Customer. The number of signs shall include not less than ten (10) intersection signs and twenty (20) gateway signs. The Redflex shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority ("Signage"), including but not limited to the Vehicle Code, and shall assist in determining the placement of such Signage. 2. The Redflex Project Manager and the Police Project Manager shall meet on a weekly basis during the period commencing as of the date of execution hereof and ending on the Installation Date, and on a monthly basis for the remainder of the Term, at such times and places as the Redflex Manager and the Customer Manager shall mutually agree. 3. The Customer shall not access the Redflex System or use the Redlight Photo Enforcement Program in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Redflex System or the Redflex Photo Enforcement Program with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or which could damage, disable, impair or overburden the Redflex System or the Redflex Photo Enforcement Program, and the Customer shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Redflex System, or (iii) any materials or information not intentionally made available by Redflex to the Customer by means of hacking, password mining or any other method whatsoever, nor shall the Customer cause any other Person to do any of the foregoing. 4. The Customer shall maintain the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Redlight Photo Enforcement Program. 5. Each of Redflex and the Customer shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Redflex and the Customer shall obey any and all such rules and regulations. 6. The Customer shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly by the Customer, or any of its employees, contractors or agents, save normal wear and tear. Exhibit A Resolution No. 3949 33 . Insurance 1. During the Term, Redflex shall procure and maintain and Redflex's sole cost and expense the following insurance coverage with respect to claims for injuries to persons or damages to property which may arise from or in connection with the performance of work or services pursuant to this Agreement by Redflex, and each of Red flex's subcontractors, agents, representatives and employees: 2. Commercial General Liability Insurance. Commercial General Liability Insurance with coverage of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury and property damage; 3. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury or property damage, including but not limited to coverage for all automobiles owned by Redflex, hired by Redflex, and owned by third parties; 4. Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability (Errors and Omissions) Insurance with coverage of not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. 5. Workers' Compensation and Employer's Liability Insurance. Workers' Compensation Insurance with coverage of not less than the limits required by the Labor Code of the State of Washington, Employer's Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) per occurrence. 6. With respect to the insurance described in the foregoing Section of this Exhibit E, any deductibles or self-insured retentions must be declared to and approved by the Customer, and any changes to such deductibles or self-insured retentions during the Term must be approved in advance in writing by the Customer. 7. With respect to the Commercial General Liability Insurance the following additional provisions shall apply: 8. The Customer Parties shall be covered as additional insureds with respect to any liability arising from any act or omission of any Redflex Parties on the premises upon which any such Redflex Parties may perform services pursuant to this Agreement, and such coverage shall contain no special limitations on the scope of protection afforded to such additional insureds. 9. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance. 10. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state that such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 11. With respect to the insurance described in the foregoing Section of this Exhibit E, each such insurance policy shall be endorsed to state that the coverage provided thereby shall not be cancelled except after thirty (30) calendar days' prior written Exhibit A Resolution No. 3949 34 . . notice to the Customer. If any of the Redflex Parties are notified by any insurer that any insurance coverage will be cancelled, Redflex shall immediately provide written notice thereof to the Customer and shall take all necessary actions to correct such cancellation in coverage limits, and shall provide written notice to the Customer of the date and nature of such correction. If Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the Customer shall have the right, but not the obligation and exercisable in its sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the Customer for such insurance. If the premium costs advanced by the Customer for such insurance exceed any amounts due to Redflex pursuant to this Agreement, Redflex shall promptly remit such excess amount to the Customer upon receipt of written notice thereof. 12. Redflex shall provide certificates of insurance and copies of such insurance policies evidencing the insurance required pursuant to the terms of this Agreement, which certificates and copies of insurance policies shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the Customer prior to Redflex commencing any work pursuant to the terms of this Agreement. Exhibit A Resolution No. 3949 35 . Exhibit F FORM OF ACKNOWLEDGMENT AND CONSENT This Acknowledgement and Consent, dated as of Ou.., i [;, ,2005, is entered into by and between the City of Auburn (the "City") and Redflex Traffic Systems, Inc., ("Redflex"), with reference to the Agreement between the city of Auburn and Redflex Traffic Systems, inc. for Photo red light enforcement program, dated as of oj) c: c. I It, 2N:r , by and between the City and Redflex (the "Agreement"). 1. Redflex has entered into a Credit Agreement, dated as of August 3, 2003 (the "Harris-Redflex Credit Agreement"), with Harris Trust and Savings Bank (the "Bank"), pursuant to which the Bank has provided certain working capital credit facilities to Redflex. Such credit facilities will provide Redflex the working capital that it needs to perform its obligations to the City under the Agreement. 2. Pursuant to the Harris-Redflex Credit Agreement, Redflex has granted Harris a security interest in all of Redflex's personal property as collateral for the payment and performance of Redflex's obligations to the Bank under the Harris-Redflex Credit Agreement. Such security interest applies to and covers all of Redflex's contract rights, including, without limitation, all of Redflex's rights and interests under the Agreement. 3. Redflex will not, by virtue of the Harris-Redflex Credit Agreement, be relieved of any liability or obligation under the Agreement, and the Bank has not assumed any liability or obligation of Red flex under the Agreement. 4. The City hereby acknowledges notice of, and consents to, Redflex's grant of such security interest in favor of the Bank in all of Redflex's rights and interests under the Agreement pursuant to the Harris-Redflex Credit Agreement. 5. The City further acknowledges and agrees that this Acknowledgement and Consent shall be binding upon the City and shall inure to the benefit ofthe successors and assigns of the Bank and to any replacement lender, which refinances Redflex's obligations to the Bank under the Harris-Redflex Credit Agreement. IN WITNESS WHEREOF, the City and Redflex have caused this Acknowledgement and Consent to be executed by their respective duly authorized and elected officers as of the date first above written. The City: Redflex: --> RED FLEX TRAFFIC SYSTEMS, INC., a Dela are Corporation [Nam . ] , By: Name: Title: of" , , By: Name: Title: ~'fe( '71 /"'etv.'s Mfl,yuJ!- Exhibit A Resolution No. 3949 36 ADDENDUM NO.1 ADDENDUM TO THE AGREEMENT BETWEEN REFLEX TRAFFIC SYSTEMS, INC. AND THE CITY OF AUBURN, RELATING TO THE EXCLUSIVE PHOTO RED LIGHT AND MOBILE SPEED ENFORCEMENT PROGRAM THIS ADDENDUM is made and entered into this I'; day of April, 2006 by and between Redflex Traffic Systems (hereinafter referred to as "Redflex") and the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), as an addendum to the Agreement between the parties for the Agreement related to Photo Red Light and Mobile Speed Enforcement executed on the day of December 12, 2006. WIT N E SSE T H: WHEREAS, since the initial negotiation of the agreement between the parties was concluded, clarification of the methodology was sought by Redflex; and, WHEREAS, based on certain understandings, the City agreed to the request, for which the agreement between the parties should be amended as set forth herein below. NOW THEREFORE in consideration oftheir mutual covenants, conditions and promises, the PARTIES HERETO HEREBY AGREE as follows: ITEM ONE REVISION TO Exhibit B: That Section 1.3 ofthe Agreement is amended to read as follows: Develop and submit to the Customer for approval construction and installation specifications for the Designated Intersection Approaches, including but not limited to electrical connections and required traffic control plans as required. All vehicle detection systems for the red light enforcement program will be induction loops installed at the appropriate signal approach. Ifthe City has existing loops at same signal approach, Reflex will be required to replace the City's loops to the satisfaction of the City in conjunction with their loop installation. Redflex also agrees to overlay the affected areas where that is determined to be necessary by the City of Auburn. Any additional costs related to this contract modification/clarification will be 100 percent Redflex' s responsibility. If there is an increase in costs related to use of induction loops over video detection for a new system installation, Redflex cannot use that increase in cost as a basis to disqualify the intersection for the cost neutrality guarantee. ITEM TWO REMAINING TERMS UNCHANGED: That all other provisions of the Page 1 Agreement betwee the parties for photo red light and mobile speed enforcement executed on the ! .? 'Iz::tday of 0~ c;.t ,.\.4 13 f:?(2 , 200~ shall remain unchanged, and in full force and effect IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. ((ed-9-itf ~~ ~tJ1P ~ ~eL/Ze~'1 (Other Party) CITY OF AUBURN C.y/ By: "-J .....J Peter B. Lewis, Mayor - ? By: Its: Attest: By: ;Ot~ ~ Daniell~. Daskam. City Clerk Page 2 BUSINESS RULES FOR THE CITY OF AUBURN � ' , � � PhotoSAFE � REDFLE�C TRAFFIC SYSTEMS AUBURN RED LIGHT & SPEED PHOTO ENFORCEMENT PROGRAM Business Rules City of Auburn 1 Project Code 1259-001-V2.7 � CITY OF AUBURN, WASHINGTON REDFLEX TRAFFIC SYSTEMS ��tc BUSINESS RULES �� Purpose of Business Rules The intent of this document is to provide guidelines, structure and methods of operation for the various functions that comprise a red light camera program. The rules encompass an array of procedures that direct the work of Redflex Traffic Systems (RTS) employees. Though the contract is the controlling dooumerrt outiining various obligations of RTS ancl the city, these rules define spec�c operational componerrts of the program. These rules may be amended from time to time at the direction of the city, when legislative changes occur or when RTS updates or changes a procedure. When it is neoessary to modify a function defiried herein that change will be noted in the revision history. It,is recommended that these rules be reviewed on no less than an annual basis. A copy of the rules will be retained by RTS and the city Any change to the rules require notice to the other party Chanae Historv Loq A Change History Log is especially useful when changes are made to the document after all stakeholders have approved it. Any changes should be noted in this log so that the readers cleariy understand what information was changed beiween versions. !'Date,_ _ .. :,Version;# _ _i :C6ari-e.Descri- fon___' " .Auttto s' 08.21.06 1.1 Ordinance number chan e for red li ht violation Lee-ann Dunton 10.03.06 1.2 U dated with fixed s eed additions Lee-ann Dunton 1�.06.06 1.3 U dated with fixed s info from G.Wood Lee-ann Dunton 11.07.06 1.4 U ated s eed fine Lee-ann Dunton 11.09.06 1.5 � U dated with uested ro rammin chan es Lee-ann Dunton 11.22.06 1.6 Re uested chan es from Colin Schmalz Ceeann Dunton 11.02.07 1 7 #15, 19, 38, 45, 70 Updated speed and red light Lynn Pribbemow, Audrey violation fines and change of Project Manager Thompson and Joe Bemard 12.14.07 1.8 #Per City Attomey Lynn Pribbemow, Joe Bernard 07.21.08 1.9 Court Administrator, Finance Manager, backup Lynn Pribbemow court administrator 11.28.08 2.0 Para 43, 67 Changed Lockbox to Huntington Lynn Pribbemow Bank Removed Para 69 reference to Sky Bank contact Para 72 Changed Collections to AllianceOne. 12.06.08 2.1 Changed grammar in para 28. Changed RTS head uarters locale to Phoenix ara 75. Business Rules City of Auburn 2 Project Code 1259-001 V2.1 Contract Detaiis: Note: In the event that any Contract language conflicts with the Business Rules, the Contract language shall prevail. 1 The Contrad calis for a. Up to at least 10 camera-equipped intersections by mutual agreement and City Council approval. b. Redflex will be responsible for the installation and monthly service fees for the high speed Internet connection at each of the designated photo enforced locations. c. The City will be responsible for power at each of the designated photo enforcemeM locations. d. The duration of the Waming Period will be 30 days before issuing citations. Additional camera installations wiil not be required to undergo a separate waming period. Speed enforcement will not require a separate warning period from red light. e. The City will be responsible for any/all Public Service Announcements to be made prior to the commencement of the waming period. f. The City will be responsible for the installation of light emitting diodes (LEDS). g. The City shall assign a project manager• Name: Robert J Kamofski Address: 340 East Main Street. Suite#201. Aubum. WA 98002 Phone: f2531931-3044 E-mail: bkamofskiCdtaubumwa.aov Fax: (253) 931-5108 h. The individual responsible for invoices and other financial matters, 'rf different: Name: Karen Jester Address: 25 W. Main Street Aubum. WA 98001 Phone: (2531804-5017 E mail: kiester(c�aubumwa.aov i. The primary contact person at the court will be: Business Rules City of Auburn 3 Project Code 1259-001 V2.1 Name: Gail Cannon Title: Court Administrator Address: 340 East Main Street. Suite#101 City� Auburn. WA 98002 Phone: (253) 804-5008 E-mail: ocannonCc�aubumwa.aov j. Secondary contact person: Name: Rose Briscoe Title: Lead Cierk Phone: (2531804-5009 E-mail: rbriscoeCc�auburriwa.aov Issuance Criteria &Timelines: 2. Redflex shali process incidents which involve City and Emergency vehicles and vehicles involved in accidents. Incidents involving traffic collisions will be placed in police authorization queue for disposition. 3. Redflex shall reject incidents for mitigating events such as funeral processions, officer- controlled intersections and parades. 4. Redflex shall process inadents ff vehicle does not match DOL records (only if clear read). 5. Redflex shail present incidents to the Police for authorization wkhin 5 calendar days from the date of the violation. 6. The Police shall authorize incidents within 4 calendar days of receipt from Redflex. 7 Redflex will mail the Notice of Infraction on or before the 14"' day from the date of the violation in orderto meet proof of service requirements (RCW 46.63.170 (1)(d)). A Certificate of Mailing will accompany each infraction. At the discretion of Redflex, infractions may be mailed ovemight so long as the infraction arrives in time to meet service requirements. Note: Redflex is not authorized to issue a Notice of Infraction beyond this timeframe. 8. The "respond-by" date shall be 18 days from date of issue excluding holidays. Business Rutes City of Auburn 4 Project Code 1259-001-V2.1 9. The Auburn Police Department will obtain registered owner details for"out-of-state" exception plates only and eMer those details into Redflex's on-line application, WebOps. Note: The vehicle's license plate does not remain with the original owner when the car is sold. Notice of Infraction Details: 10. The following information will be included on all infractions: a. Name, address, and phone number of the court where the Notice of Irifraction will be filed. b. Vehicie make, year, model (Washington State vehicles only), and style. c. Vehicle license number and state in which licensed. d. Writteri description of the infraction the defendaM is alleged to have committed. e. Statutory citation or ordinance number including the authority reference (Revised Code of Washington 46.61.050 (Failure to Obey a Traffic Control Device) and Aubum Municipal Code 10.42.020 (Red Light Photo Enforcement) of the infraction that the defentlant is alleged to have committed. f. Date, time, and place the infraction occurred. g. Date the Notice of Infraction was issued. h. Name and, 'rf applicable, the number of city officer i. A statement certifying or declaring under penalty of perjury under the laws of the State of Washington that the cfting officer has reasonable grounds/probable cause to believe and does believe that the described vehicle/person was in violation of ordinance/statute and that the foregoing is true and correct. The officer's signature, date of issuance, and place of issuance of the infraction are also required. Business Rules City of Auburn 5 Project Code 7259-001 V2.1 j. A statement that the notibe represents a determination that an infraction has been committed tiy the person riamed in the notice and that the cletertnination shall be final unless contested. k. A statement that an irifraction is a non-criminal offense for which imprisonmeM may not be imposed as a sanction; that the penalty for an infraction may include non-renewal of the vehicle license. I. A statement of the monetary penalty established for the infraction. m. A statement of the options (i.e., pay, request a mitigation hearing, request a contested hearing) provided for responding to the Notice and the procedures necessary to exercise these options. n. A statement that at any hearing to contest the determination the state (or city or county) has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses induding the officer who issued the notice of infraction. o. A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses. p. A statement that the person must respond to the notice within fifteen days. q. A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances wilL result in refusal of the department to renew the vehicle license until any penal6es imposed have been satisfied. r A statement, which the person shail sign, that the person promises to respond to the Notice of Infraction in one of the ways provided in IRLJ 2.1 (b) (5) and within the time required. Business Rules City of Auburn 6 Project Code 7259-001-V2.1 s. A statement that a mailed response must be mailed not later than midnight on the day 4he response is due. 11 Redflex will obtain approval from the Administrative Office of the Courts (AOC) regarding the formation of the Notice of Infraction template. 12. The registered owner's name on the infraction will read "Last, First Middle" (no comma between first and middle name). 13. The ordinances for a red light violation straight thru, left tum, or right tum (no right-tum on red sign posted) is Revised Code of Washinpton 46.63.170 and Aubum Municioal Code 10.42.020. 14. The description for a red light violation will be Failure to Obev Traffic Control Device- Red Liaht Photo EMorcement. 15. The penalty amount for a red light violation is 124.00. 16. The notice numbering format for a red-light violation will be AU12345678. 17 The ordinances for speeding in a school zone are the Revised Code of Washinctton 46.61.440 and Aubum Munici al Code 10.42.020. 18.The description for speeding in a schooi zone is Sceedina in a School Zone. 19. The penalty amount for speeding in a school zone is 200.00. 20. The notice numbering format for a speed violation will be AS12345678. 21 The trigger speed for a violation in a school zone will be set at 8 mph over the posted speed limit. 22. The penalty amount will be printed on the face of the Notice of Infraction. 23. The date of issue of the Notice of Infraction is the date Redflex printed and mailed the infraction. This is differeM from the date of the violation. Both dates are included on the Notice of Infraction. 24 Juvenile defendants (16 years of age and older) are considered aduR defendants. 25. There is only one Notice of Infraction to be issued per violation. Business Rules City of Auburn 7 Projeet Code 1259-001 V2.1 26. Three images will appear on the red light Notice of Infraction: Scene A, Scene B and a zoomed plate image. 27 Two images will appear on the speed Notice of Infraction: Scene image and a zoomed plate image. 28.An nomination occurg when the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner Note: Per the Aubum ordinance there is no individual nomination process; however, a nomination is pertnitted when the vehicle is owned by a reMal or leasing agency In these cases, the Registered Owner will have the ability to nominate the driver by completing the Affidavit of Non-Liability on Option B of the Options page. In all other cases, the Registered Owner has the option to contact the Aubum Municipal Court and submit an Affidavit stating that they were not operating the vehicle at the time the infraction was committed. 29. The Notice of Infraction numbering format for red light violation nominations will be AU12345678A, B, C, etc. 30. The Notice of Infraction numbering format for speed violation nominations will be AS12345678A, B, C, etc. 31 If the car is owned by a rental or leasing agency, the Notice recipient will be required to mail or fax the nomination form directly to the Aubum Municipal Court (AMC), Attn: Frankie Webster, fax#• (253) 804-5011 The AMC will be responsible for updating the driver's details in Redflex's SmartOps On-line application. Redflex will mail the newly nominated Notice which will contain a new date of issue and respond-by date. Once approved, the original citation to the registered owner will be dismissed and the registered owner will not be eligible for collections. 32. Nominated notices will be mailed to the defendaM within 4 calendar days after police authorization. Business Rules City of Auburn 8 Project Code 1259-001-V2.1 33. The "respond-by" date for a nomination shall be 30 days from the date of issue. 34 The registered owner will have the option to indicate whether the vehicle was sold,prior to or stolen at the time of the violation by fiiling out the appropriate infortnation in Section B on the back of the Notice and mailing to the Auburn Municipal Court. The registered owner will be required to provide a copy of the transfer of sale if sold or a copy of the police report'rf stolen. The Police Department will conduct an investigation to verify the information. If verified, the Police will mark the incident as "Dismissed" in Redflex's SmartOps Online application. 35. Notices issued to an undeliverable address will be returned to Redflex. Undeliverable notices retumed with a forwarding address will be immediately re-addressed by RedFlex's SmartOps on-line application and mailed to the new address. The notice will be updated with the new address and will contain a new date of issue and "respond-by" date. 36. The re-addressed notice will retain the same Notice number as the original. 37 Undeliverable notices returned to Redflex with no forwarding address will be placed on hold by Redflex to prevent the issuance of a Default Letter The hold status will be "Hold Address Inauirv " An email will automatically be generated by SmartOps, on a daily basis, to the police, listing all records placed on hold for Address Inquiry The police will research a new address and, rf successful, will enter the new address in Redflex's, SmartOps Oniine application, e-mail: jjournevCcDaubumwa.aov, Attn: Janet Journey, Police Records Manager If the Police are unsuccessful in their search for a new address the incident will remain active. The violation will be eligible for collections 90 days from the date of violation. 38.,If the registered owner fails to respond to the Notice of Infraction - Red Liaht, Redflex will mail a Default Letter to the defendant for no response, which will impose a 33.00 penalty fee. If the registered owner fails to respond to the Notice of Infraction—Soeed Redflex will mail a Default Letter to the defendant for no response, which will impose a 0.00 penalty fee. The Default Letter will automatically be generated 30 days past the "respond by° date Business Rules City of Auburn g Project Code 1259-001-V2.1 indicated on the front of the Notice advising that immediate payment of the entire fine amount is required. 39. The Aubum Municipal Court will have the option to waive the "defauft fee" by updating the status to"Default Fee Waived" in Redflex's SmartOps on-line application. (At this time, the functionality to perform this process is not available. As an interim solution, the AMC will contact the Help Desk to have the Default Fee waived.) If the registered owner fails to pay the fine amount, the registered owner will become eligible for collections 90 days from the date of issue of the original notice. The default fee originally waived will be reassessed and the registered owner will now owe the fine amount plus the default amount 40. If nominee fails to respond to the Notice, a Default Letter will automatically be generated 30 days from the "respond-by" date indicated on the front of the Notice. Nominee is ultimately responsible if they fail to respond and will be eligible for collections 90 days from the date of issue. 41 Redflex will mail a Partial Payment Default Letter to the defendant for a partial payment. The Ietter will automatically be generated upon receipt of the electronic file from the bank, which contains the partial paymerit details. The Ietter advises that immediate payment of the remaining baiance is due. If the remaining balance is not received by the respond-by date, the registered owner will have an additional 30 days before the default amount is assessed. No additional default notices will be sent after the 30-day buffer expires. 42. Redflex will mail a Rejected Payment letter for declined/rejected credit card payments and/or non-sufficient funds checks. A 25.00 administrative fee will be assessed for declined payments. 43.A retum envelope is included wRh the defendanYs copy of the Notice to provide for retum of payments. The payment coupon will contain Huntington National Bank address: P.O. BOX 76777. Cleveland. OH 44101-6500 Note: Credft card payments may be made on-line at www.photonotice.com. Business Rules City of Auburn 10 Project Code 1259-001-V21 (Enter City Code: AUBRN) AdiudicatioNPhoto Viewins�: 44 The Notice recipient will be required to mail the hearing request form to the Aubum Munici�al Court located at 340 E. Main Street. Suite 101. Aubum. Washinaton .98002. The AMC will notify the violator in writing of a date and time to appear The AMC will update the status to "Hearina Scheduled" via Redflex's SmartOps on-line application to preverrt issuance of a Default Letter Note: A weekly report will be generated that lists ali notices that were updated to "Hearing Scheduled" since the last report and will be sent to mitiaationCc�aubumwa.aov and courtoacksl�Dredflex.com. Redflex wili generate a court padc for each record in this repoR and mail them to the City 45. Notice recipients are not required to post a bond payment in the amount of 124.00 for a red light violation or 200.00 for a speeding in a school zone prior to scheduling a hearing. 46. Notice recipients are required to respond by the date indicated on the front of the Notice. if I they do not respond by this date, the notice recipierrt wiil not forteit their right to a hearing. 47 Aubum Municipal Court will notify Redflex of contested hearings via e-mail 14 days in advance to allow sufficient time to prepare court evidence packages. E-mails will be sent to courtoacksCa�redflex.com. 48.Aubum Municipal Court will notify Redflex of contested hearings by updating the status of the Notice to "Hearina Scheduled" via Redflex's Smartops online application at least 14 days in advance to allow sufficient time to prepare wurt evidence packages. Court packs can also be manually requested via e-mail. E-mails will be sent to courtoacks(mredflex.com. 49. Evidence packages will consist of the following and will comply with appiicable Washington law: a. Evidence Package Checklist Business Rules City of Auburn 11 Project Code 1259-001-V2.1 b. Color copy of Notice of Irrfraction c. Copy of the back of the Notice of Ir�fraction d. Enlarged color photos of violation images e. Image Log f. Maintenance Log g. Certificate of Mailing 50. Redflex will mail court packages to the Court Administrator Name: City Attornev Address: 25 W. Main Aubum. WA 98001 Phone: f253) 931-3030 51 Immediately following the hearing, the Hearing Officer SHALL issue a written decision of finding to the notice recipient advising of the outcome of the hearing. The AMC will update the status to either"Found Resaonsible" or"Found Not Resoonsible" via Redflex's SmartOps on-line application 52. If found not responsible, AMC will update the status to "Found Not Resoonsible" in Redflex's SmartOps Online application which will dismiss the notice. 53. Failure to appear at the hearing will result in being found responsible. AMC will update the status to "FTA-Found Res�onsible" in Redflex's SmartOps on-line application. The Hearing Officer will not mail a letter to the notice recipient advising that they have been found responsible. 54 Hearings will be held at: Auburn Municioal Court 340 E. Main Street. Suite 101 Auburn. Washinaton 98002 Days and time: Bv A000intment Onlv. 55. Student court does not apply to photo enforcement infradions. Business Rules City of Auburn 12 Project Code 1259-001-V2.1 56. The Court has the option to accept time payments by updating the status of the Infraction in Redflex's Smartops online application to "Pav Over Time" This will cease the default process and the court will be responsible for collecting those paymerrts; Redflex cannot track time payments. If the respondent fails to pay and the couR wishes for the infraction to be applied to default, the Court will update the status to "Forced Default" in Redflex's Smartops online application. Redflex will then be responsible for collecting the fine amount and any applicable late fees. Once the payments have been made in full, Court will update the status to "Paid in Full" in Redflex's Smartops online application. Note: A weekiy report will be generated that lists all notices that are in the"Pay Over Time" status and will be sent to mftiqationC�aubumwa.aov The report will contain the following elements: a. Citation Number b. Violator Name c. Date Status Was Changed d. Amourit Due e. Amount Paid to Date Note: Partial payments are only taken via mail. Pay over time payments cannot be made online or by phone. 57 If the Judge decides to mitigate the fine during a hearing, the Court will send an e-mail to helodeskCa�redFlex.com with the citation number, violator name, and the new fine amount. The violator should be informed that it will be at least two business days before the new fine amount is reflected in the system. 58. Redflex will provide a toll free number(877-847-2338)whereby an operator will be available for answering citizen inquiries Monday thru Friday from 9:OOam—4:OOpm (MST). If further assistance is needed, the notice recipient is to contact the Auburn Police Department at (2531931-3080 Attn: Traffic Unit Business Rules City of Auburn 13 Project Code 7259-001-V2.1 59. Redflex's toll free'Help Desk number is (800-568-8405)whereby an operator will be available for answering customer inquiries from 6:OOam to 6:OOpm (MS'� or by e-mail at helodesk(caredflex.com. 60.The Auburn Police Department (APD) shall not offer image viewing to notice recipients where they can view the violation images and video from Redflex's on-line application, WebOps. Redflex wili host a website whereby notice recipient can view the violation video on-line at htto//www.uhotonotice.com (City code: AUBRN). Citizens may use computers in the public libraries to access the website. Manaaement Reoorts: 61 A secure password will be issued to each person authorized entry into Redflex's WebOps on-line application. 62. The following standard reports are available to those persons wkh user names and passwords: a. Customer Management Report b. Incident Look-Up c. Red Light Offenders Report d. Deployment Statistics Report e. Operations Summary Report f. Deployrrient Summary Report 63.Any and all photographic records made by Redflex Traffic Systems (RTS) automated enforcement system and any confidential information obtained from the Department of Licensing (DOL) shall be retained for a minimum of three years from the date of final disposftion of the cases to which the records relate. If the City wishes to have certain records retained past the three j+ear minimum retention period, the City stiall request for such records from RTS's automated enforcement system and the records shail be Business Rules City of Aubum 14 Project Code 1259-001-V21 forwarded to the City Upon such delivery, the City shall have full responsibility for maintenance, retention and disposal of such records. Disclosure of these records is govemed by the Washington State Public Disclosure Law(RCW 42.17), the Washington Criminal Right to Privacy Act (RCW 10.97), Disposition of Traffic Infractions (RCW 46.63) and any other applicable Washington statutes. In connection with any discovery requests on a pending case, dissemination of the discovery will be provided by the City In the case where the City sought to have certain records retained past the three year minimum retention period, for so long as the records are being held tiy the City, the City shall be solely responsible for addressing any requests for public disclosure thereof. 64. Redflex will retain rejected citation data and images for no less than 60 days from date of violation. 65.The standard City rejection options are as follows: a. Non-Corrtrollable Reasons i. Emergency Vehicles ii. Police Discretion iii. Citation Issued Manually iv Duplicate Nomination v Gender Mismatch vi. Plate Unident�able vii. Plate Obstruction viii. IncorrecUlncomplete DMV Infortnation ix. Invalid Offense x. Safe Turn on Red xi. Multiple Vehicles in Frame xii. Police Controlled/Funeral Procession xiii. Weather Conditions Business Rules City of Auburn 15 Project Code 7259-001 V2.1 xiv Yielding to an Emergency Vehicle xv Incorred Plate on Vehicle b. Controllable Reasons i. Unclear Scene Image ii. Incorrect Speed iii. Vehicle On or Past Stop Line iv Red Light not Visibie in Video/Images v No vdeo vi. No Images vii. Insufficient Strobe Lighting viii. Plate Unclear ix. Driver UnideMifiable Images Poor File Transfer: (Dailv recordina of bank aavmentsl 66. Redflex will not place an electronic file on the Redflex FTP site each day containing printed original and nominated citation information for bank retrieval. 67 The Huntington National Bank will place an electronic file on the Redflex FTP site each day containing payment disposition information. Lockbox account number 76777 68. Redflex programmer will coMact the assigned bank representative to obtain sample file layout, establish file transfer protocol, and work out a test environment. Penaltv for No Resaonse: 69. Failure to respond to a photo enforcement notice results in: a. Defauk Letters b. Civil process (collections) Business Rules City of Aubum 16 Project Code 1259-001-V2.1 c. Additional penalty of$33.00 for a red light violation and $50.00 for a speeding in a school zone violation. d. 25.00 administrative fee assessed for declined checks and credit card payments. Credit card payments attempted on-line will not incur the 25.00 administrative fee if rejected. 70. Unpaid violations will become eligible for collections 90 days from the original date of issue. 71 Redflex will send an electronic file to the collection agency 'c"°^.r^°°� ° °i�° ' ' ^` AllianceOne listing the names of the defendants eligible for collections. Collections will apply to the total fine and late penalty fee amount with AllianceOne adding their fees. 72. Defendants who make partial payments and fail to pay the entire balance will be eligible for collections on the remaining balance. Intersection Criteria: 73. Lane numbering will be in accordance with Washington DOT standards, if applicable. All lanes are to be numbered sequentially from left to right; from median to curb, i.e., 1, 2, 3; 4, 5. 74 The City will be responsible for assuring that the yellow signal light intervals conform to prevailing authority requirements prior to the commencement of enforcement. Traininq: 75.A twaday training program is provided to as many attendees as deemed necessary by the City The session will be held at the Redflex Corporate Office in Scottsdale, Arizona or within the local area dependent upon whichever is more feasible. Travel, lodging and per diem (if necessary) is the responsibility of the City.two-day training program is provided tb as many attendees as deemed necessary by the City The session will be held at the Redflex Corporate Office in Ssei#sdalePFroerfiz, Arizona or within the local area dependent upon Business Rules City of Auburn 17 Project Code 7 259-001-V2.1 whichever is more feasible. Travel, lodging and per diem (if necessary) is the responsibility of the City Emerqencv Procedures/Eauiament Realacement: (Knockdowns) 76. In the event any RTS equipment is damaged and/or becomes non-functional due to a tra�c coliision or other similar cause, it will be the responsibility of City law enforcement to take the following steps: a. Notify the Customer Service Representative by phone. If unable to make personal notification, contact the Help Desk by phone or e-mail. b. Document the incident on an o�cial police report (WSP Traffic Collision Report or other appropriate form). c. Secure the damaged poles, enclosures or other RTS equipment. d. Forward all appropriate reports of the incident to RTS. 77 In the everrt a City action renders Redflex equipment useless, e.g., road surFace replacement or curb work where loops are cut, Redflex wiil replace/repair such equipment only to the extent of its replacement cost. There will be no charge(s)for interruption in service only the replacement cost. Both parties agree that the Business Rules are a guide and tha� when necessary, changes will need fo be made. Both parties agree fhat when changes are required Redflex Traffic Systems and the City of Aubum discuss the changes and initiate fhem within a reasonab/e amount of time and at fhe most econamica!cos!possib/e. Business Rules City of Auburn 1$ Project Code 7259-001-V2.1 Attachment A City of Aubum Yellow Change Interval Chart The purpose of the yellow signal indication is to wam traffic approaching the signal that the related green movement is ending or thffi a red indication will be exhibited immediately thereafter and traffc will be required to stop when the retl signal is exhibited. The length of the yellow change interval is dependent upon the speed of approaching traffic. Approach Speed Yellow Interval mph (km/h) (seconds) 25 or less (40 or less). .3.0 30 (48). .3.2 35 (56). .3.6 40 (64). .3.9 45 (72). 4.3 50 (80). 4.7 55 (89). .5.0 60 (97). .5.4 65 (105). .5.8 Business Rules City of Auburn 19 Prbject Code 1Z59-001-V2.1 Attachment B Washington Vehicle Code Automated Enforcement Relevant Sections 46.16.216 Payment of parking fines required for renewal. (1)To renew a vehicle license, an applicant shall satisfy all listed standing, stopping, and parking violations, and o4her infractions issued under RCW 46.63.030(1)(d) for the vehicle incurred while the vehicle was registered in the applicanYs name and forwarded to the department pursuant to RCW 46.20.270(3). For the purposes of this sedion, "listed" standing, stopping, and parking violations, and other infractions issued under RCW 46.63.030(1)(d) include only those violations for which notice has been received from state or local agencies or courts by the departmeM one hundred twenty days or more before the date the vehicle license expires and that are placed on the records of the depaRment. Notice of such violatio.ns received by the department later than one hundred twenty days before that date that are not sati�ed shall be considered by the department in connection with any applications for license renewal in any subsequent license year The renewal appiication may be processed by the department or its agents only 'rf the applicaM: (a) Presents a preprinted renewal application showing no listed standing, stopping, or parking violations, or other infractions issued under RCW 46.63.030(1)(d), or in the absence of such preseMation, the agerd verifies the information that would be contained on the preprinted renewal application; or (b) If listed standing, stopping, or parking violations, or other infractions issued under RCW 46.63.030(1)(d) exist, presents proof af payment and pays a fifteen dollar surcharge. (2) The surcharge shall be allocated as follows: (a) Ten dollars shall be deposited in the motor vehicle fund to be used exclusively for the administrative costs of the department of licensing; and (b) Five dollars shall be retained by the agent handling the renewal application to be used by the agent for the administration of this section. (3) If there is a change in the registered owner of the vehicie, the department shall forward the information regarding the change to the state or local charging jurisdiction and release any hold on the renewal of the vehicle license resuking from parking violations or other irifractions issued under RCW 46.63.030(1)(d) incurred while the cert�cate of license registration was in a previous registered owner's name. (4) The department shall send to all registered owners of vehicles who have been reported to have outstanding listed parking violations or other infractions issued under RCW 46.63.030(1)(d), at the time of renewal, a statement setting out the dates and jurisdictions in which the violations occurred as well as the amounts of unpaid fines and penalties relating to them and the surcharge to be collected. [2004 c 231 § 4, eff. June 10, 2004, 1990 2nd ex.s. c 1 §401, 1984 c 224 § 1 ] 46.63.030 Notice of traffic infraction—Issuance—Abandoned vehicles. (1)A law enforcement officer has the authority to issue a notice of traffic infraction: (a)When the irifraction is committed in the officer's presence; (b) When the offcer is acting upon the request of a law enforcemerrt officer in whose presence the traffic infraction was committed; (c) If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the acciderrt has committed a traffic iMraction; (d) When the notice of infraction is detected through the use of a photo enforcement system under RCW 46.63.160; or Business Rules City of Auburn 20 Project Code 1259-007-V2.1 (e) When the notice of infraction is detected through the use of an automated traffic safety camera under RCW 46.63.170. (2) A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed. (3) If any motor vehicle without a driver is found parked, standing, or stopped in violation of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, the officer finding the vehicle shall take its registration number and may take any other,infortnatiom displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of traffic irrfraction. (4) In the case of failure to redeem an abandoned vehicle under RCW 46.55.120, upon receiving a complaint by a registered tow truck operator that has incurred casts in removing, storing, and disposing of an abandoned vehicle, an officer of the law enforcement agency responsible for directing the removal of the vehicle shall send a notice of infraction by cert�ed mail to the last known address of the person responsible under RCW 46.55.105. The notice must be entitled."Littering–Abandoned Vehicle" and give notice of the monetary penalty The offcer shall append to the notice of infraction, on a form prescribed by 4he department of licensing, a notice indicating the amount of costs incurred as a result of removing, storing, and disposing of the abandoned vehicle, less any amount realized at auction, and a statemerrt that morietary penalties for the infraction will not be considered as having been paid until the monetary penalty payable under this chapter has been paid and the court is satisfied that the person has made restitution in the amount of the deficiency remaining after disposal of the vehicle. [2005 c 167 § 2, eff. July 24, 2005; 2004 c 231 § 2, eff. June 10, 2004;.2002 c 279 § 14; 1995 c 219 §5; 1994 c 176 § 3; 1987 c 66 § 2; 1980 c 128 § 10; 1979 ex.s. c 136 § 3.] 46.63.075 Toll evasion—Presumption. (1) In a traffic infraction case involving an infraction detected through the use of a photo eriforcement system under RCW 46.63.160, or detected.through the use of an automated Vaffic safety camera under RCW 46.63.170, proof that the particular vehicle described in the notice of traffc infraction was in violation of any such provision of RCW 46.63.160 or 46.63.1.70, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicte, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in corrtrol of the vehicle at the poirrt where, and for the time during which, the violation occurred. (2) This presumption may be overcome only 'rf the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle invblved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner [2005 c 167 § 3, eff. July 24, 2005; 2004 c 231 § 3, eff. June 10, 2004.] 46.63.160 Electronic toll collection, photo enforcemeM. (1) This section applies only to traffic infractions issued under RCW 46.61.690 for toll collection evasion. (2) Nothing in this sedion prohibits a law enforcement officer from issuing a notioe of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or(c). (3) Toll collection systems include manual cash collection, electronic toll collection, and photo enforcement systems. (4) "Electronic toll collection system" means a system of collecting tolls or charges that is capable of charging the account of the toll patron the appropriate toll or charge by electronic transmission from the motor vehicle to the toll collection system, which infortnation is used to charge the appropriate toll or charge to the patron's account. (5) "Photo enforcement system" means a vehicle sensor installed to work in conjunction with an electronic toll collection system that automatically produces one or mare photographs, Business Rules City of Auburn 21 Project Code 1259-001-V2.7 one or more microphotographs, a videotape, or other recorded images of a vehicle operated in violation of an infraction under this chapter (6) The use of a toll collection system is subject to the following requirements: (a) The department of transportation shall adopt rules that allow an open standard for automatic vehicle identification transponders used for electronic toll collection to.be compatible with other eledronic payment devices or transponders from the Washington state ferry system, other public transportation systems, or other toll collection systems to 1he extent that technology perm�s. The rules must also allow for multipie vendors providing electronic payment devices or transponders as technology permits. (b) The department of transportation may not sell, distribute, or make available in any way, the names and addresses of electronic toll collection system account holders. (7)The use of a photo enforcement system for issuance of notices of infraction is subject to the following requirements: (a) Photo enforcement systems may take photographs, digital photographs, microphotographs, videotapes, or other recorded images of the vehiGe and vehicle license plate only (b) A notice of infraction must be mailed to the registered owner of the vehicle or to the renter of a vehicle wdhin sixty days of the violation. The law enforcement officer issuing the notice of infraction shall include with it a cert�cate or facsimile thereof, based upon inspedion of photographs, microphotographs, videotape, or other recorded images produced by a photo enforcement system, stating the facts supporting .the notice of infraction. This cert�cate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter The photographs, digital photographs, microphotographs, videotape, or other recorded images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. (c) Notwithstanding any other provision of law, all photographs, digital photographs, microphotographs, videotape, or other recorded images prepared under this chapter are fo�the exclusive use of the tolling agency and law enforcement in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this chapter No photograph, digital photograph, microphotograph, videotape, or other recorded image may be used for any purpose other than enforcement of violations under this chapter nor retained longer than necessary to er�forc;e this chapter or verify that tolls are paid. (d) All locations where a photo eMorcement system is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by a photo enforcement system. (8) Infractions detected through the use of photo enforcement systems are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. (9) If the registered owner of the vehicle is a rental car business the department of transportation or a law enforcement agency shall, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within eighteen days of the mailing of the written notice, provide to the issuing agency by retum mail: (a)A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infradion occurred; or (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurced; or (c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable toll and fee. Business Rules City of Auburn 22 Project Code 1259-001-V2.7 Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction. [2004 c 231 § 6, eff. June 10, 2004.] 46.63.170 Treffic safety cameras. (1) The use of automated traffic safety cameras for issuance of notices of infraction is subject to the following requirements: (a) The appropriate Iocal legislative authority must first enact an ordinance allowing for their use to detect one or more of the following: Stopiight, railroad crossing, or school speed zone violations. At a minimum, the local ordinance must contain the restrictions described in this section and provisions for public notice and signage. Cities and counties using automated traffic safety cameras before July 24, 2005, are subject to the restrictions described in this section, but are not required to enact an authorizing ordinance. (b) Use of automated traffic safety cameras is restricted to two- arterial intersections, railroad crossings, and school speed zones only (c) Automated tra�c safety cameras may only take pictures of the vehicle and vehicle license plate and oniy while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle. (d) A notice of infraction must be mailed to the registered owner of the vehicle within. fourteen days of the violation, or to the renter of a vehicle within fourteen days of establishing the renter's name and address under subsection (3)(a) of this section. The law enforcement officer issuing the notice of infraction shall include with it a cert�cate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This cert�cate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. (e) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(e) unless the registered owner overcomes the presumption in RCW 46.63.075; or, in the case of a rental car business, satisfies the conditions under subsection (3) of this section. If apprbpriate under the circumstances, a renter identified under subsection (3)(a) of this section is responsible for an infraction. (� Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the exclusive use of law enforcement in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image may be used for any pu_rpose other than enforcement of violations under this section nor retained longer than necessary to er�force this section. (g) AII Iocations where an automated traffic safety camera is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. (h) If a county or city has established an authorized automated traffic safety camera program under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment. (2) Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, Business Rules City of Aubum 23 Project Code 1259-001 V2.1 infractions generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking ir�fractions, including for the purposes of RCW 3.46.120, 3.50.100, 35.20.220, 46.16216, and 46.20.270(3). However, the amount of the fine issued for an infraction generated through the use of an automated traffic safety camera shall not exceed the amount of a fine issued for other parking infractions within the jurisdiction. (3) If the registered owner of the vehicle is a rental car business, the law enforcemeM agency shall, before a notice of ir�fraction being issued under this sedion, provide a written notice to the rental car business that a notice of infraction may be issued to the reMal car business if the rental car business does not, within eighteen days of receiving the written notice, provide to the issuing agency by retum mail: (a) A statement under bath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred; or (c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction. (4) Nothing in this section prohitiits a law enforcement officer from issuing a notice of traffic infraction to a person in corrtrol of a vehide at the time a violation occurs under RCW 46.63.030(1) (a), (b), or(c). (5) For the purposes of this section, "automated tra�c safety camera° means a device that uses a vehicle sensor installed to work in conjundion with an iMersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photbgraphs, miorophotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit in a school speed zone as detected by a speed measuring device. [2005 c 167 § 1, eff. July 24, 20Q5:] Business Rules City of Auburn 24 Project Code 1259-001-V2.1 Attachment C City of Aubum Vehicle Codes Chapter 10.42 Automated Traffic Enforcement Sedions: 10.42.010 Authorized use of automated traffic safety cameras 10.42.020 Notice of Infraction for automated traffic wntrol systems 10.42.030 Request for Hearing. 10.42.040 Presumption of Committed Infraction - Presumption Overcome. 70.42.050 Infractions Processed. 10.42.060 Fines. 10.42.070 Non-exclusive enforcement. 10.42.010 Authorized use of automated treffc safety cameras. A. Law enforcement officers of the City of Aubum and persons commissioned tiy the Aubum Poiice Chief are authorized to use automated traffic cameras and related automated systems to deted one or more of the following: (1) stopligM violations; (2) railroad crossing violations; and (3) school speed zone violations. B. The use of automated traffic safety cameras is subject to the following resfictions: 1 Use of traffic safety cameras is restricted to "two arterial intersedions" (the intersedions of two arterials), railroad crossings, and school speed zones only; 2. Automated traffic safety cameras may onty take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. Pictures taken by automated traffic safety cameras may not reveal the face of the driver or of the passengers in the vehicle. C. The City shall clearly mark all locations where automated traffic safety cameras are in use by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. D For the purposes of this Chapter, "automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a came�a synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the behicle fails to stop when facing a steady red traffic control signal or an activated raiiroad grade crossing control signal, or exceeds a speed limit to a school speed zone as detected by a speed measuring device. (Ord. 5957 § 1 [part], 2005.) 10.42.020 Notice of Infraction for automated traffic control systems. A. Whenever any vehicle is photographed by an automatic traffic safety camera, a notice of infraction shall be mailed to the registered owner of the vehicle within fourteen days of the violation, or to the renter of a vehicle within fourteen days of establishing the renter's name and address under this section. B. If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within eighteen days of receiving the written notice, provide to the issuing agency by retum mail: 1) A statemerrt under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infradion occurred; or 2) A statement under oath that the business is unable to determine who was driving or renting the Business Rules City of Aubum 25 Project Code 1259-001-V2.1 vehicle at the time the infraction occurred; or 3) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty Timely mailing of this statement to the issuing law eriforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction. C. The law enforcement officer issuing the notice of infraction shall inGude with it a cert�cate or facsimile thereof, based upon inspection of photographs, micraphotos, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter (Ord. 5957 § 1 [part], 2005.) 10.42.030 Request for Hearing. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. The person receiving the infraction may also request a hearing. (Ord. 5957 § 1 [part], 2005.) 10.42.040 Presumption of Committed Infraction -Presumption Overcome. A. In a traffic iMraction case involving an infraction detected through the use of a photo enforcement system under RCW 46.63.160 or detected through the use of an automated traffic safety camera under this section, proof that the particular vehicle described in the not'ice of Vaffic infraction was in violation of any such provision of RCW 46.63.160, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption thffi the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred. B. This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of sorrie person other than the registered owner (Ord. 5957 § 1 [part], 2005.) 10.42.050 Infractions Processed. Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras urider this section shall be processed in the same manner as parking infractions prosecuted under City Codes, including for the purposes of RCW 3.50.100, 3.62.040, 46.16.216, and 46.20.270, anci any other applicable statutes. (Ord. 5957 § 1 [part], 2005.) 10.42.060 Fines. The fine for irifractions committed pursuant to the provisions of this Chapter shall be One Hundred Twenty-Four pollars ($124.00). 10.42.070 Non-exclusive enforcement Nothing in this section prohibits a law enforcement o�cer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030 (I)(a), (b), or (c). (Ord. 5957 § 1 [paR], 2005.) Business Rules City of Auburn 26 Project Code 1259-001 V2.1 � p City of Auburn :, : Business Rules � Related Documentation �T Ta� ar� DOCUMENT SIGNOFF PhotoSAFE* After formally reviewing all documents, please check the appropriate box: � COMPLETE—ail documents meet the requirements as defined by the customer OR � FOLLOW-UP ACTION is required, but no further formal meeting will be necessary Please note changes below and/or attach revisions: Document Page No. &ttem Requested Change You may also e-mail revisions to: Idunton@redflex.com. OR � FOLLOW-UP MEETING is requested to review these documents. COMMENTS: Project Manager Signature Date Auburn Representative Signature Date Please fax this completed form to(480)6Q7-0752 Attn: Lee-ann Dunton. Februazy 24, 2009 Cristina Weekes 23751 N. 23rd Avenue, Suite 150 Phoenix, AZ 85085-1854 Dear Ms. Weekes, The initial term of the contract between the City of Auburn and Redflex Tr�c Systems, Inc. will expire on May 31, 2009 At this time the City would like to exercise its option to renew the contract for a period of 2 (two)years commencing on June 1, 2009 and running through May 31, 2011 This is the first 2-yeaz extension of the possible 2 terms as started on page 6 of the contract. All terms and conditions of the original contract remain in effect. Sincerely, Bob Karnofski Assistant Chief of Police Aubum Police Department 340 E. Main St., Suite 201 Auburn, WA 98002