1 FIRST AMENDMENT TO THE AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND PAYBYPHONE TECHNOLOGIES INC.
THIS FIRST AMENDMENT TO THE AGREEMENT FOR PROJECT SERVICES (“First Amendment”) is made and entered into on May 16, 2023, by and between the City of Redondo Beach, a chartered municipal corporation (“City”), and PayByPhone Technologies, Inc., a British Columbia corporation (“Contractor” or “Consultant”).
WHEREAS, on October 19, 2021, the parties entered into an Agreement for Project Services between the City and Contractor (the “Agreement”); and WHEREAS, the parties desire to amend the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. COMPENSATION. Exhibit “C” of the Agreement is hereby amended to add Exhibit “C-1”, which increases the transaction fee charge from $0.18 to $0.25 effective May 16, 2023. Exhibit “C-1” is attached hereto and incorporated by reference.
Contractor shall be compensated for the services described in Exhibit “A” of the Agreement.
2. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and this First Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall govern. 2 IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 16th day of May, 2023.
CITY OF REDONDO BEACH, PAYBYPHONE TECHNOLOGIES INC.,
a chartered municipal corporation a British Columbia corporation __________________________ By: _______________________
William C. Brand, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED:
__________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney
3 EXHIBIT "C-1"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
1. AMOUNT. Contractor shall be paid in accordance with the table set forth below.
All amounts indicated in the table are excusive of any and all taxes, including those applicable on fees paid by the driver. City will pay such taxes. All prices are stated, and City shall pay, in US dollars.
A. STANDARD FEES. The setup fee, transaction and optional fees are as follows:
ITEM COST
ONE-TIME SETUP FEES
Signage – first round of signage production at service launch (installation not included) Included
Training, consulting, marketing, and customer support as described in the Agreement Included
Mobile payment services setup fee for locations in initial deployment Included1 Integration with enforcement solution software – DataTicket Included Standard PayByPhone dynamic label Included
TRANSACTION FEES
City pays to Contractor per transaction
(City will charge driver a non-embedded, on-top of price of parking convenience fee of $0.25)
$0.252
Monthly minimum of total transaction charges Waived
OPTIONAL FEES
Each additional custom dynamic label $1,000
Mobile payment service setup fee for additional locations after initial deployment $250 per location
NOTES:
1. Mobile payment services setup fee includes configuration, testing and implementation of a dedicated client account within the PayByPhone system; merchant account integration and testing; set up and training on reporting, customer service and other elements of the PayByPhone Service Management Interface. One-time setup fees are invoiced at contract signing.
2. Where convenience fee is added to driver’s cost of parking, any change in the convenience fee will not affect the price City will pay to Contractor per transaction. The convenience fee may only be increased by mutual written agreement of both parties.
3. City is responsible for paying its own credit card processing and merchant banking fees, if City is MOR.