08-1904 Red Light Camera Enforcement System Services

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Law -Said phrase shall include statutes, codes, rules, and regulations of whatsoever type or nature enacted or adopted by a governmental entity of competent jurisdiction. Pari Materia - Of the same matter; on the same subject. Provisions in pari materia must be construed with reference to each other/together when related to the same matter or subject. The provisions of a contract/agreement are to be construed together with no isolated construction of a particular provision such that it would defeat the overall intent of the contract/agreement. Submittals -Any item required by this agreement that the Contractor must provide the City either for inclusion as part of this agreement or not. Type of Services - A red light enforcement system using cameras for the benefit of the public safety and interests said services being provided in accordance with the controlling provisions of law. The services shall be provided in two (2) phases with the first phase being an evaluative and analytical phase which is non-compensated and the second phase, if the evaluation and analysis results in the conclusion that services should proceed forward, the second phase shall be an operational and compensated red light enforcement system. SECTION 2: CAPTIONS. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. SECTION 3: EXTENT OF AGREE ENT/INTEL TION/A EN®IVINT. (a). This Agreement, together with the exhibits, constitute the entire integrated Agreement between the City and the Contractor and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits attached, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence, and statements, whether written or oral. (b). This Agreement may only be amended, supplemented, or modified by a formal written amendment and the Contractor may not rely upon non-written assignments of work or services that are not consistent with the provisions of this Agreement. (c). Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. Red Light Camera Two Phase Services Agreement Page No. 4