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10B Action 2011 0321
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10B Action 2011 0321
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3/17/2011 5:44:01 PM
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3/17/2011 5:43:55 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
3/21/2011
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_CC Agenda 2011 0321
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\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0321
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3.3.12. During the three (3) month period following the Installation Date, Redflex <br /> shall provide such training to Customer personnel as shall be reasonably <br /> necessary in order to allow such personnel to act as expert witnesses on <br /> behalf of the Customer with respect to the Program. <br /> 3.4. Records Retention: Redflex shall retain confidential information to include <br /> photographic evidence and data associated with the Program for a period of up to <br /> six (6) months from the date of the violation or until final disposition of the <br /> citation, whichever date is later, and destroy the violations date thereafter in a <br /> manner that will preserve the confidentiality of any person included in the <br /> violations date. <br /> 3.5. PROSECUTION AND COLLECTION; COMPENSATION. The Customer shall <br /> diligently prosecute Citations and the collection of all Fines in respect thereof, <br /> and Redflex shall have the right to receive, and the Customer shall be obligated <br /> to pay, the compensation set forth on Exhibit D attached hereto. <br /> 3.6. TAXES. Where required by state statute, ordinance or regulation, Redflex shall <br /> pay for and maintain in current status all taxes that are necessary for contract <br /> performance. Unless otherwise indicated, City /Customer agrees to pay any <br /> applicable taxes including but not limited to use, property or sales taxes required <br /> at the municipal, county, state or any other taxing authority level on all <br /> applicable consumer services and materials purchased and/or leased. No charge <br /> by the City /Customer shall be made for federal excise taxes and City /Customer <br /> agrees to furnish Redflex with an exemption certificate where appropriate for any <br /> applicable sales and/or use taxes. [If dealing with New Mexico, Washington, or <br /> Ohio, LegaUFinance needs to approve this section in the agreement and amend it <br /> according to applicable state law.] <br /> 3.7. OTHER RIGHTS AND OBLIGATIONS. During the Term, in addition to all of <br /> the other rights and obligations set forth in this Agreement, Redflex and the <br /> Customer shall have the respective rights and obligations set forth on Exhibit E <br /> attached hereto. <br /> 3.8. CHANGE ORDERS. The Customer may from time to time request changes to <br /> the work required to be performed or the addition of products or services to those <br /> required pursuant to the terms of this Agreement by providing written notice <br /> thereof to Redflex, setting forth in reasonable detail the proposed changes (a <br /> "Change Order Notice "). Upon Redflex's receipt of a Change Order Notice, <br /> Redflex shall deliver a written statement describing the cost, if any (the "Change <br /> Order Proposal "). The Change Order Proposal shall include (i) a detailed <br /> breakdown of the charge and schedule effects, (ii) a description of any resulting <br /> changes to the specifications and obligations of the parties, (iii) a schedule for the <br /> delivery and other performance obligations, and (iv) any other information <br /> relating to the proposed changes reasonably requested by the Customer. <br /> Following the Customer's receipt of the Change Order Proposal, the parties shall <br /> negotiate in good faith and agree to a plan and schedule for implementation of <br /> the proposed changes, the time, manner and amount of payment or price <br /> increases or decreases, as the case may be, and any other matters relating to the <br /> proposed changes; provided, however, in the event that any proposed change <br /> involves only the addition of equipment or services to the existing Designated <br /> Intersection Approaches, or the addition of Intersection Approaches to be <br /> covered by the terms of this Agreement, to the maximum extent applicable, the <br /> 7 <br />
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