CSS 2023-07-24 Item 1A - Contract Amendment #1 - Automated Traffic Safety Cameras in Parks with NOVOAGLOBAL

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First Class Mail postage were increased by $0.02, and NG mailed 1,000 notices, NG would invoice the City $20.00. 5.4. Payment of all fees and other charges owed pursuant to this Agreement is due as set forth above, and, to the extent invoice is required, within forty-five (45) days after receipt of the invoice. Invoices will be sent to the City at: SafetyCams@TukwilaWa.gov 5.5. Notwithstanding anything in this Agreement to the contrary, if amounts due to NG pursuant to Section 5.1 in any month during the Term plus any amounts due to NG pursuant to this Section 5.5 ("Monthly Photo Enforcement Fees") exceed the revenue generated by operation of the Systems and actually received by the City during that same month ("Monthly Photo Enforcement Revenue") then the City shall pay to NG for such month only the amount of Monthly Photo Enforcement Revenue. In such case, the difference between Monthly Photo Enforcement Fees and Monthly Photo Enforcement Revenue (a "Payment Shortfall") shall be accumulated and added to the Monthly Photo Enforcement Fees for the following month. Payment Shortfalls, if any, shall accumulate from month-to-month until paid in full, provided that under no circumstances shall the City ever be required to make a payment of Monthly Photo Enforcement Fees to NG except from Monthly Photo Enforcement Revenue. At the final expiration of this Agreement (last day of validity of the agreement including any extensions) any accumulated Payment Shortfalls shall be forfeited. 6. RESPONSIBILITIES OF THE CITY 6.1. The City shall provide NG with any "as built" drawings in electronic format that are available at no cost to the City and shall consider for approval NG' s engineering drawings. 6.2. The City shall not levy any fees. However, if municipal ordinance requires the assessment of fees by the City, said assessment shall be limited to permit fees as required by the City's Municipal code. The City does not control fees for Public Utilities or electrical permits for service. Levy of those fees for permits regarding electrical service are outside the scope of this contract. 6.3. The City shall diligently prosecute infractions in court at its own expense. NG shall, at its own expense, participate in any proceeding challenging the use of the System, the validity of the System's results, and/or use of the U.S. Mail to deliver an infraction notice. {KZS2229149.DOCX;1/13175.000001/ }