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A-2017-123 <br />FIRST AMENDMENT TO AGREEMENT <br />TRIS FIRST AMENDMENT TO AGREEMENT, made and entered into this 16"' day <br />of May, 2017 by and between American Capital Enterprises, Inc., a California corporation <br />(hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing tinder the Constitution and laws of the State of California (hereinafter <br />"City"). <br />RECITALS: <br />A. The parties entered into that certain Agreement (#A-2014-147) dated June 17, <br />2014 (hereinafter "said Agreement") by which. Consultant having special skill and <br />knowledge in the field of debt collection agreed to perform such services to the City for <br />debt's owing to the City and placed with Consultant for collection prior to July 1, 2014, <br />by which Consultant has provided debt collection services to the City. <br />LU o <br />u u B. The Term of said Agreement was three (3) years effective as of July 1, 2014 and <br />J Lll LL -J <br />CD ending June 30, 2017. <br />opo %t - <br />C. <br />C. The parties wish to amend the Term to provide for an additional two (2) year <br />o period beginning July 1, 2017 and ending June 30, 2019. <br />U)� <br />D. The parties also wish to amend the Scope of Services with respect to the periods <br />of debt placement and types of debt for which the Consultant shall provide collection <br />services to the City to include all types of debt previously assigned by the City to <br />Consultant through June 30, 2014, plus all "prohibited debts" (as set forth in the Federal <br />Fair Credit Reporting Act (FCRA) guidelines effective September 1, 2016) assigned by <br />the City to Consultant beginning July 1, 2017. <br />E. The parties also wish to amend Compensation set forth in the Scope of Services <br />for the extended Term - <br />NOW TIIEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. The parties hereto now desire to amend Section I "SCOPE OF SERVICES", subsection <br />(A) "Consultant Responsibilities", including parts (1) and (2) of said Agreement, as <br />follows: <br />1. SCOPE OF SERVICES <br />A. Consultant Responsibilities. Consultant shall provide continuing collection <br />services in connection with all overdue miscellaneous accounts receivable billings <br />previously assigned by the City to Consultant through June 30, 2014, as set forth in <br />Consultant's Proposal dated March 20, 2014, on file in the Santa Ana Purchasing <br />Division. In addition to which Consultant shall provide collection services in accordance <br />