HomeMy WebLinkAbout1 - Original Submission_ Red Flex Amendment 2
City of Bremerton – Redflex Automated Traffic Light Enforcement Renewal
AMENDMENT NO. 2
BETWEEN CITY OF BREMERTON AND REDFLEX TRAFFIC SYSTEMS, INC. FOR
PHOTO ENFORCEMENT SERVICES
THIS AMENDMENT NO. 2 to the Photo Enforcement Services Agreement
(“Agreement”) entered September 10, 2007, between the City of Bremerton (“Customer”) and
Redflex Traffic Systems, Inc. (“Redflex”), with Customer and Redflex referred to collectively as
the “Parties,” for automated red-light photo enforcement and school zone speed enforcement in
the City of Bremerton, is based upon the following recital of facts:
RECITALS
WHEREAS, the current Agreement expires June 29, 2023; and
WHEREAS, the Agreement requires modification to be made by written instrument
signed by both Parties; and
WHEREAS, the Agreement was modified on June 30th, 2009, with changes to the Term
of the Agreement, to Section 3.4 Prosecution and Collection: Compensation, and
replacing Exhibit "D"; and
WHEREAS, both parties desire to update contact information and change the current
payment collection methods as outlined in Exhibit “D” of the Amended Agreement;
NOW THEREFORE, the Parties hereby agree:
1. Section 2 of the Amended Agreement “Term” is deleted and replaced in its
entirety with the following:
a. The term of this Agreement shall commence as of the date hereof and shall
continue for a period of two (2) years to June 30, 2025 (the “Initial
Term”). The Customer shall have the right, but not the obligation to
extend the term of this Agreement for up to two (2) additional consecutive
two (2) year periods following the expiration of the Initial Term (each, a
“Renewal Term”) and collectively with the Initial Term, the “Term”. The
Customer may exercise the right to extend the term of this Agreement for
a Renewal Term by providing written notice to Redflex not less than
thirty (30) days prior to the last day to the Initial Term or the Renewal
Term.
2. Section 3.3.4 of the original agreement is deleted in its entirety and replaced with
the following:
a. Redflex shall provide the authorized City staff access to the Redflex system
for the purpose of reviewing pre-processed Infraction Data within six (6)
working days of the gathering of the infraction data from the applicable
designated enforcement sites.
3. Section 3.3.5 of the original agreement is deleted in its entirety and replaced with
the following:
DocuSign Envelope ID: 89D4E241-D02A-410D-BAC9-320DC80A5B44
City of Bremerton – Redflex Automated Traffic Light Enforcement Renewal
a. The Customer shall cause the Authorized Officer to review the pre-
processed Infractions Data and to determine whether a citation shall be
issued with respect to each Potential Infraction captured within such
Infraction Data, and transmit each such determination in the form of an
Electronic Signature to Redflex using the software or other applications or
procedures provided by Redflex on the Redflex System for such purpose,
and REDFLEX HEREBY ACKNOWLEDGES AND AGREES THAT
THE DECISION TO ISSUE A CITATION SHALL BE THE SOLE,
UNILATERAL AND EXECLUSIVE DECISION OF THE
AUTHORIZED CITY STAFF AND SHALL BE MADE BY SUCH
AUTHORIZED CITY STAFF’S SOLE DISCRETION (A “CITATION
DECISION”), AND IN NO EVENT SHALL REDFLEX HAVE THE
ABILITY OR AUTHORIZATION TO MAKE A CITATION
DECISION;
i. Upon receiving reviewed and determined Infraction Data from the
City of Bremerton, Redflex will then transmit each Infraction Data
and determination to the City of Bremerton Municipal Court’s
software provider, CODESMART, INC or equivalent for the
purpose of transmitting to the Washington State “Judicial
Information Systems”(JIS) for payment collection and adjudication
procedures.
4. Section 3.3.7 of the original agreement is deleted in its entirety and replaced with
the following:
a. Redflex shall provide both a toll free telephone number and the Bremerton
Municipal Court telephone number for the purpose of answering citizen
inquiries regarding citations. Both the toll free number and the City of
Bremerton Municipal Court phone number shall be printed on the
infraction notice including times and time zone as to when this number is
in service.
5. Section 9.2 of the original agreement, titled "Notices" is replaced in its entirety
with the following:
Notices to Customer
Attn: Contracts Administrator
City of Bremerton
345 6th Street, STE 100
Bremerton, WA 98337
Notices to Redflex
Attn: Legal Department – Government Solutions
Redflex Traffic Systems, Inc.
1150 N. Alma School Road
Mesa, AZ 85201
6. Exhibit D is hereby removed in its entirety and replaced with the attached revised
Exhibit "D" signed by Redflex and the Customer attesting to the agreed changes.
DocuSign Envelope ID: 89D4E241-D02A-410D-BAC9-320DC80A5B44
City of Bremerton – Redflex Automated Traffic Light Enforcement Renewal
Revised Exhibit "D shall become operative upon the executed date of this
Amendment.
7. All other terms of the Agreement shall remain in full force and effect.
IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 2 as of
the date and year last written below.
REDFLEX TRAFFIC SYSTEMS, INC.
______________________________
By: __________________________
Its: __________________________
DATE: _______________________
CITY OF BREMERTON
______________________________
By: __________________________
Its: __________________________
DATE: _______________________
APPROVED AS TO FORM:
______________________________
KYLIE J. FINNELL, City Attorney
ATTEST:
______________________________
ANGELA HOOVER, City Clerk
DocuSign Envelope ID: 89D4E241-D02A-410D-BAC9-320DC80A5B44
6/15/2023
EVP Government solutions
Jon Baldwin
6/15/2023
Greg Wheeler
Mayor