08-1904 Red Light Camera Enforcement System Services

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(d). The exhibits made part of this Agreement are as follows; Exhibit A - Description of Services. Exhibit B - Pricing and Rate Schedule. Exhibit C - Certificate of Liability Insurance. (e). This is an Agreement relating to the provision of services to the City, in two (2) phases, by the Contractor such that the Contractor shall not proceed to the second compensated phase absent a review and analysis by the City of the results of the first, non-compensated, phase of services. SECTION NO GENERAL CITY OBLIGATION. (a). In no event shall any obligation of the City under this Agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City or a general obligation or indebtedness of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. (b). The Contractor shall not have the right to compel the exercise of the ad valorem taxing power of the City. SECTION 5: CONT CTOR UNDERSTANDING OF SERVICES REQUIRED. (a). Execution of this Agreement by the Contractor is a representation that the Contractor is familiar with local conditions and with the services to be performed. The Contractor shall make no claim for additional time or money based upon its failure to comply with this Agreement. The Contractor has informed the City, and hereby represents to the City, that it has extensive experience in performing and providing the services described in this Agreement, and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinances, rules, regulations, or orders of any public authority or licensing entity having jurisdiction over City projects. Execution of this Agreement shall be an affirmative and irrefutable representation by the Contractor to the City that the Contractor is fully familiar with any and all requisite work conditions of the provisions of the services and that no work conditions will be unanticipated. (b). The recitals herein are true and correct and form and constitute a material part of this Agreement upon which the parties have relied. (c). It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting the Contractor (including, but not limited to, its officers, employees, Red Light Camera Two Phase Services Agreement Page No. 5