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2021 36 RESOLUTION
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2021 36 RESOLUTION
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Last modified
3/3/2023 1:24:40 PM
Creation date
3/3/2023 11:41:55 AM
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Legislation-Meeting Minutes
Document Type
Resolution
Number
2021 36
Date
9/20/2021
Year
2021
Title
SENSY-GATSO
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repair or replace any damaged or defective components at its own expense, except if the damage was <br />caused by Customer's negligence. Sensys Gatso shall perform preventative maintenance and cleaning <br />of Equipment components on a regular basis, including review and testing of Handheld Speed <br />Enforcement unit settings and operation, communications, and other Equipment components. Sensys <br />Gatso will use commercially reasonable efforts to initiate repairs within seventy-two (72) hours after <br />notification by Customer of any material damage, defect, or other issue with respect to the Equipment. <br />Sensys Gatso will maintain records of all maintenance and repairs performed on the Equipment during the <br />Term and will provide copies of such records to Customer upon Customer's reasonable request. <br />2.5. Si na e. If required by State legislation or local governing ordinance, Sensys Gatso will provide and <br />install necessary signage at no cost to Customer informing inbound traffic that Customer utilizes traffic <br />law photo -enforcement devices to enforce traffic laws. Sensys Gatso shall provide and install additional <br />signage as requested by Customer and agreed by Sensys Gatso at Customer's expense. <br />3. CUSTOMER RESPONSIBILITIES <br />3.1. Review of Violations. Customer will provide sworn police officers, community service officers or other <br />designated Customer personnel to carefully review each Violation Package to determine whether: (a) the <br />violation is approved and notices of violation can be mailed; or (b) the violation is rejected. If the violation <br />is rejected, the Customer Project Manager, identified pursuant to Section 4.1 of the Agreement, will report <br />to Sensys Gatso the basis for the rejection. The Customer is solely responsible for determining which <br />violations identified by Sensys Gatso are issued as Notices of Violation. <br />3.2. Oreration of Handheld Speed Enforcement Units. In order to promote community safety, Customer agrees <br />to: (a) utilize each Handheld Speed Enforcement unit for at least forty (40) hours per month; (b) follow <br />reasonable industry practices in the usage of Handheld Speed Enforcement units; and (c) download all <br />violations detected by the Handheld Speed Enforcement units in a timely manner which shall in no event <br />exceed forty-eight (48) hours following detection. If, during the Term, Customer fails to utilize one (1) or <br />more Handheld Speed Enforcement units for at least forty (40) hours per month, in addition to any other <br />remedies it may have hereunder, Sensys Gatso may, at its sole discretion, charge a Non -Usage Fee for such <br />month or remove any such Handheld Speed Enforcement unit that has been underutilized from the Service. <br />In addition, Customer shall: (a) keep the Handheld Speed Enforcement units free of all security interests <br />of any kind whatsoever, including liens, encumbrances and other claims; (b) take reasonable measures to <br />protect the Handheld Speed Enforcement units from theft, unauthorized use or vandalism; (c) not remove <br />or have removed any identification marks applied to the Handheld Speed Enforcement units by Sensys <br />Gatso or the manufacturer; (d) maintain the Handheld Speed Enforcement units in good condition and <br />repair, reasonable wear and tear excepted; (e) use the Handheld Speed Enforcement units with due care to <br />prevent injury thereto and to any person or property and in conformity with all applicable laws; and (f) not <br />to modify the Handheld Speed Enforcement units in any way. Customer shall be responsible for any <br />damage to a Handheld Speed Enforcement unit incurred during the Term, other than reasonable wear and <br />tear. <br />[Remainder of page intentionally blank] <br />Sensys Gatso USA, Inc. <br />Page 2 of 3 <br />
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