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10C Action 2019 0318
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10C Action 2019 0318
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Last modified
7/23/2019 12:40:52 PM
Creation date
3/8/2019 6:21:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
3/18/2019
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PERM
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MO 2019-010
(Approved)
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\City Clerk\City Council\Minute Orders\2019
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to provide in excess of six (6) such reports in any given twelve (12) month <br />period without cost to Redflex; <br />3.3.11. During the six (6) month period following the Installation Date and/or <br />upon Redflex's receipt of a written request from the Customer at least <br />fourteen (14) calendar days in advance of court proceeding, Redflex shall <br />provide expert witnesses for use by the Customer in prosecuting Violations; <br />provided, however, the Customer shall use reasonable best efforts to seek <br />judicial notice in lieu of requiring Redflex to provide such expert witnesses; <br />and <br />3.3.12. During the three (3) month period following the Installation Date, Redflex <br />shall provide such training to police 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 Redlight Enforcement Program. <br />3.4. 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 />3.5. 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 />3.6. 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 effect, if any, the <br />proposed changes would have on the pricing terms set forth in Exhibit D (the <br />Change Order Proposal"), which Change Order Proposal shall include (i) a <br />detailed breakdown of the charge and schedule effects, (ii) a description of any <br />resulting changes to the specifications and obligations of the parties, (iii) a <br />schedule for the delivery and other performance obligations, and (iv) any other <br />information relating to the proposed changes reasonably requested by the <br />Customer. Following the Customer's receipt of the Change Order Proposal, the <br />parties shall negotiate in good faith and agree to a plan and schedule for <br />implementation of the proposed changes, the time, manner and amount of <br />payment or price increases or decreases, as the case may be, and any other <br />matters relating to the proposed changes; provided, however, in the event that <br />any proposed change involves only the addition of equipment or services to the <br />existing Designated Intersection Approaches, Designated City Vehicles, or the <br />addition of Intersection Approaches to be covered by the terms of this <br />Agreement, to the maximum extent applicable, the pricing terms set forth in <br />Exhibit D shall govern. Any failure of the parties to reach agreement with <br />respect to any of the foregoing as a result of any proposed changes shall not be <br />deemed to be a breach of this Agreement, and any disagreement shall be resolved <br />in accordance with Section 10. <br />7
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