Item 23 - Approve a First Amendment to Agreement with Data Ticket, Inc.

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FIRST AMENDMENT TO AGREEMENT WITH DATA TICKET, INC. TO PROVIDE AUTOMATED PARKING CITATION PROCESSING THIS FIRST AMENDMENT (“First Amendment”) to Agreement with Data Ticket, Inc. to Provide Automated Parking Citation Processing is entered into on January 16, 2024, by and between Data Ticket Inc., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). The Contractor and City shall hereinafter be referred to collectively as “the Parties.” RECITALS A. On February 15, 2022, the Parties entered into Agreement #A-2022-022 (“Agreement”), by which Contractor agreed to agreed to provide automated parking citation and processing services. The original term of the agreement covers a 3-year period from February 2022 through January 2025, with two one-year extension options. The not to exceed amount to be expended during the term of the Agreement was $1,269, 648.31. B. Throughout calendar year 2022 and 2023, the City has experienced a consistent and higher degree of individuals failing to pay their citations timely, resulting in an increase in collections through FTB and Data Ticket’s delinquency program. This trend has been consistent to date and the increased monthly costs are directly attributable to the increased collection efforts. C. The Agreement included automatic and immediate increases in the fees for letters and notices sent via the United States Postal Service (USPS) if postal rates increased during the term of the agreement. D. Additional funds are now needed to cover costs for the remaining term of the Agreement. The Parties now wish to amend the Agreement to increase the compensation by an additional $730,351.69 to cover costs for the remaining term of the Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of the Agreement, except as hereinafter modified, the Parties agree to the following: 1. Section 2, Compensation, shall be amended to increase the compensation for services provided under this Agreement by $730,351.69. The total amount to be expended during the term of this Agreement shall not exceed $2,000,000. 2. Exhibit B attached to the Agreement shall be amended to reflect the automated parking citation and purchase charges as set forth in the new Exhibit B attached hereto and incorporated herein. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. EXHIBIT 1