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and agents) the agent, representative, or employee of the City for any purpose, or in <br />any manner, whatsoever. The Contractor is to be and shall remain forever an <br />independent Contractor with respect to all services performed under this Agreement. <br />(d). Persons employed by the Contractor in the provision and performance of the <br />services and functions pursuant to this Agreement shall have no claim to pension, <br />workers' compensation, unemployment compensation, civil service or other employee <br />rights or privileges granted to the City's officers and employees either by operation of <br />law or by the City. <br />SECTION 6: GENE L PROVISIONS. <br />(a). Each party hereto represents to the other that it has undertaken all necessary <br />actions to execute this Agreement, and that it has the legal authority to enter into this <br />Agreement, and to undertake all obligations imposed on it. The person(s) executing this <br />Agreement for the Contractor certifies/certify that he/she/they is/are authorized to bind <br />the Contractor fully to the terms of this Agreement and so execute this Agreement under <br />penalty of perjury. <br />(b). This Agreement is for services pertaining to a governmental red light <br />enforcement system using cameras for the benefit of the public safety and interests said <br />services being provided in accordance with the controlling provisions of law. The <br />services shall be provided in two (2) phases with the first phase being an evaluative and <br />analytical phase which is non-compensated and the second phase, if the evaluation and <br />analysis results in the conclusion that services should proceed forward, the second <br />phase shall be an operational and compensated red light enforcement system. Related <br />services, as needed by the City for the City's operations as set forth herein and as <br />otherwise directed by the City to include all labor and materials that may be required, <br />shall be provided by the Contractor to the City in accordance with the hourly rate <br />schedule set forth herein. At no time will the Contractor have or use governmental law <br />enforcement or public safety powers and all services provided by the Contractor to the <br />City shall be in aid of the City in the City's exercise of such powers <br />(c). The Contractor acknowledges that the City may retain other contractors to <br />provide the services for City projects. The City reserves the right to select which <br />contractor shall provide services for City projects. <br />(d). The Contractor agrees to provide and ensure coordination between service <br />providers. <br />(e). Time is of the essence of the lawful performance of the duties and obligations <br />contained in this Agreement. The parties covenant and agree that they shall diligently <br />and expeditiously pursue their respective obligations set forth in this Agreement. <br />Contractor will have each specified approach installed and activated in accordance with <br />an implementation plan to be mutually agreed to by the Contractor and City. Contractor <br />will use reasonalbe commerical efforts to install the system in accordance with the <br />Red Light Camera Two Phase Services Agreement <br />Page No. 6 <br />