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Reso 2008-1290
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Reso 2008-1290
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Last modified
4/14/2021 11:37:02 AM
Creation date
1/8/2009 9:48:05 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2008-1290
Date (mm/dd/yyyy)
07/17/2008
Description
Red Light Camera Agrmt with American Traffic Solutions (ATS)
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<br />6.3 Procedures Upon Termination. This section 6.3 shall apply to the expiration of this <br />Agreement and to the early termination of the Agreement. The termination of this <br />Agreement shall not relieve either party of any liability that accrued prior to such <br />termination. Except as set forth in this Section 6.3, upon the termination of this <br />Agreement, all of the provisions of this Agreement shall terminate and: <br /> <br />6.3.1 Vendor shall (i) immediately cease to provide services, including but not limited to work <br />in connection with the construction or installation activities and services in connection <br />with the TSCP, (ii) promptly deliver to the City any and all Proprietary Property of the <br />City provided to Vendor pursuant to this Agreement, (iii) promptly deliver to the City a <br />final report to the City regarding the collection of data and the issuance of Notices of <br />Infraction in such format and for such periods as the City may reasonably request, and <br />which final report Vendor shall update or supplement from time to time when and if <br />additional data or information becomes available, (iv) provide City all data pertaining to <br />outstanding Civil Fee payments due and owing to City and potential payments due to <br />Vendor, (v) provide City with its proposed schedule for the removal of the Vendor's <br />equipment, at no cost to the City, from the City and once such schedule is approved by <br />City Vendor shall remove such pursuant to the schedule; and (vi) provide such assistance <br />as the City may reasonably request from time to time in connection with prosecuting and <br />enforcing Notices ofInfraction issued prior to the termination of this Agreement. <br /> <br />6.3.2 The City shall (i), except for pending enforcement cases, immediately cease using the <br />TSCP> accessing the Vendor System and using any other Intellectual Property of Vendor, <br />and (ii) promptly deliver to Vendor any and all Proprietary Property of Vendor provided <br />to the City pursuant to this Agreement, other than such equipment installed by Vendor <br />along the roadways for the enforcement program. <br /> <br />6.3.3 Unless the City and Vendor have agreed to enter into a new agreement relating to the <br />TSCP or have agreed to extend the Term of this Agreement, Vendor shall remove any <br />and all Equipment or other materials of Vendor installed in connection with Vendor's <br />performance of its obligations under this Agreement, at no cost to City, including but not <br />limited to housings, poles and camera systems, and Vendor shall restore the Designated <br />Intersections to substantially the same condition such Designated Intersections were in <br />immediately prior to this Agreement, except for foundation removal, which shall be left <br />approximately flush with grade and no exposed rebar, steel or other hazards, at no cost to <br />City pursuant to the schedule agreed upon by the parties in section 6.3.1. <br /> <br />6.3.4 After the first three (3) years of this Agreement, City may provide for the early <br />termination of this Agreement for City's convenience in the event that the City <br />Commission determines to discontinue having a TSCP. In such event, the remaining <br />provisions of section 6.3 shall apply. City shall have no further liability for any such <br />early termination. The parties recognize that other provisions of this Agreement serve as <br />consideration for this provision. <br /> <br />Page 10 of31 <br />
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