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HomeMy WebLinkAbout1 - Original Submission_ Red Flex EXH D Amendment 2EXHIBIT "D" COMPENSATION & PRICING -REVISED 3 Fixed Photo Red Light System Existing Approaches: Commencing June 1, 2009, each Designated Enforcement Site, Customer shall be obligated to pay Redflex a fixed fee of $4,000 per month for each of the existing Designated Intersection Approaches listed below ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement: Warren Ave and 11th Street, Westbound Warren Ave and 11th Street, Northbound Callow Ave and 11th Street, Northbound Kitsap Way and Marine Drive/Adele, Eastbound Kitsap Way and Marine Drive/Adele, Southbound Wheaton Way and Sylvan Way, Westbound Warren Ave and 16th Street, Northbound Warren Ave and 16th Street, Southbound Wheaton Way and Sylvan Way, Northbound New Approaches: Commencing on the date of this First Amendment for each Designated New Enforcement Site, Customer shall be obligated to pay Redflex a fixed fee of $4,850 per month for each new Designated Intersection Approach ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement: Fixed Speed School Zone Commencing on the installation date, for each Designated School Zone, Customer shall be obliged to pay Redflex a fixed fee as outlined in the Pricing Table below ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement. Tier Fixed Fee Per Month Volume 1 $4,870 U to 100 Paid Citations 2 $5,870 101-160 Paid Citations 3 $6,870 161+ Paid Citations The "Volume" ranges are based on a monthly extrapolation generated by a mutually agreed to methodology. Mobile Speed System Component Commencing on the deployment date, for each Mobile Speed System Unit, Customer shall be obliged to pay Redflex a fixed fee of $7,870 per month ("Fixed Fee") as full remuneration for performing all the services contemplated in this Agreement. DocuSign Envelope ID: 89D4E241-D02A-410D-BAC9-320DC80A5B44 EXHIBIT "D" COMPENSATION & PRICING -REVISED 4 Cost Neutrality Notwithstanding the Fixed Fee provisions provided herein to the contrary, Redflex assures the Customer that the programs provided hereby shall be cost neutral to the Customer. The maximum compensation that Customer shall be obligated to pay to Redflex each month is the Fixed Fee, or the gross receipts received by the Customer, whichever is the less. The Customer agrees to pay Redflex within thirty (30) days after the invoice is received. Customer shall be obligated to pay the cumulative balance invoiced by Redflex, in accordance with standard terms, to the extent of gross receipts to the Customer from automated infractions. In the event that a balance remains unpaid due to a deficit in gross receipts compared to invoiced amounts, Customer will provide to Redflex with each monthly payment, an accounting of such gross receipts supporting the amount withheld. In the event that the contract ends or is terminated, and an invoiced balance is still owed to Redflex, all subsequent receipts from automated red light and speed infractions for a period of up to 12 months from date of termination will be applied to such balance and paid to Redflex up to the amount of said balance. BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS: 1. Redflex construction will be able to utilize existing conduit for installation where space is available. Cost for additional conduit shall be the sole responsibility of Redflex. 2. Except where a balance remains unpaid due to a deficit in the gross cash received as described herein, Customer agrees to pay Redflex within thirty (30) days after the invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60 days from date of invoice. 3. Customer will collect all payments on Citations in accordance with the specifications set forth in the Section 3.3 and Section 3.4 of the original agreement. 4. The Customer will offer the following payment methods: 4.1. By Mail: When paying a Citation by mail, individuals will be asked to enclose the Citation and personal check, money order or cashier's check for the penalty amount indicated on the front of the Citations. Checks will be made payable as directed by the Customer and will be mailed to specified address. 4.2. Walk-in Payments: Walk-in payments by personal check, money order, cashier's check or credit card will be accepted at Customer facilities (i.e., Court). 4.3. By Phone: Credit card payments will be accepted over the telephone by the Customer . 4.4. Pay-by-Web: Credit card payments will be accepted by the Customer via the Customer’s public facing website. DocuSign Envelope ID: 89D4E241-D02A-410D-BAC9-320DC80A5B44 EXHIBIT "D" COMPENSATION & PRICING -REVISED 5 ACCEPTANCE SIGNATURES ON FOLLOWING PAGE "Customer" "Redflex" CITY OF BREMERTON REDFLEX TRAFFIC SYSTEMS, INC. By: ________________________ By: _________________________________ Name:_________________________ Name: _____________________________ Title:________________________________ Title:_________________________________ Date: __________ Date: _______________ DocuSign Envelope ID: 89D4E241-D02A-410D-BAC9-320DC80A5B44 EVP Government solutions 6/15/2023 Jon Baldwin Mayor 6/15/2023 Greg Wheeler