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<br />EXHIBIT "D" <br /> <br />Infraction Processing <br /> <br />1. All Infractions Data shall be stored on the Vendor System; <br /> <br />2. The Vendor System shall process Infractions Data gathered from the Designated Intersection <br />into a format capable of review by the Authorized Employee via the Vendor System; <br /> <br />3. The Vendor shall make the initial determination that the image meets the requirements of the <br />Ordinance and this Agreement, and is otherwise sufficient to enable the City to meets its <br />burden of demonstrating a violation of the Ordinance. If the Vendor determines that the <br />standards are not met, the image shall not be processed any further. <br /> <br />4. The Vendor System shall be accessible by the Authorized Employee through a virtual private <br />network in encrypted format by use of a confidential password on any computer equipped <br />with a high-speed internet connection and a web browser; <br /> <br />5. Vendor shall provide storage capabilities for the City to store infractions identified for <br />prosecution for a period of time of not less than four (4) years after final disposition of a <br />case. <br /> <br />6. Vendor shall provide the Authorized Employee with access to the Vendor System for the <br />purposes of reviewing the pre-processed Infractions Data within seven (7) days of the <br />gathering of the Infraction Data from the applicable Designated Intersections. <br /> <br />7. The City shall cause the Authorized Employee to review the Infractions Data and to <br />determine whether a Notice of Infraction shall be issued with respect to each Potential <br />Infraction captured within such Infraction Data, and transmit each such determination to <br />Vendor using the software or other applications or procedures provided by Vendor on the <br />Vendor System for such purpose. VENDOR HEREBY ACKNOWLEDGES AND AGREES <br />THAT THE DECISION TO ISSUE A NOTICE OF INFRACTION SHALL BE THE SOLE, <br />UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE <br />AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION <br />(A "NOTICE OF INFRACTION DECISION"), AND IN NO EVENT SHALL VENDOR <br />HAVE THE ABILITY OR AUTHORIZATION TO MAKE A NOTICE OF INFRACTION <br />DECISION; <br /> <br />8. With respect to each Authorized Infraction, Vendor shall print and mail a Notice of <br />Infraction within seven (7) days after Vendor's receipt of such authorization from the City's <br />Authorized Employee; provided, however, during the Warning Period, warning Infraction <br />notices shall be issued in respect of all Authorized Infractions; <br /> <br />9. Vendor shall provide a toll-free telephone number, at its sole expense, for the purposes of <br />answering citizen inquiries. <br /> <br />10. Vendor shall permit the Authorized Employee to generate monthly reports using the Vendor <br />Standard Report System. <br /> <br />Page 26 of31 <br /> <br />SIB <br />