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
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
_______________________
JENNIFER L. HALL
City Clerk
CITY OF SANTA ANA
_______________________
THOMAS R. HATCH
Interim City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: _______________________
TAMARA BOGOSIAN
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
________________________
ROBERT RODRIGUEZ
Acting Chief of Police
DATA TICKET, INC.
_______________________
By:
Data Ticket, Inc. City of Santa Ana
Irvine, CA RFP NO. 21-128
O: 949 752-6937; O: 949 428-7240 Automated Parking Citation and Processing Services A
ttachment A: Proposer’s Certification & Proposal Item Pricing
EXHIBIT B
Data Ticket, Inc. City of Santa Ana
Irvine, CA RFP NO. 21-128
O: 949 752-6937; O: 949 428-7240 Automated Parking Citation and Processing Services
Additional, optional pricing has been provided below and on the following pages.
Joint/Escrow Banking Services $135.00 per account per month ($85 +$50 as of January 2023 for Positive Pay)
Services for the above-mentioned item include:
• Daily deposits of funds to the Agency’s escrow account • Online, real-time reconciliation reports that tie directly to the bank statement • Processing of all credit card chargebacks and Insufficient Funds • Month-end reconciliation of all funds collected
• Disbursement of County / State Surcharges at month-end • Payment of Data Ticket’s invoice
• Disbursement of the net remittance to the Agency
• Scanning of all payments directly to joint bank account daily using remote check deposit • The Agency will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees typically run $200.00 per year
Chargebacks and NSF’s $2.50 per issued instance
• Data Ticket will process credit card chargebacks and NSFs when notified of each occurrence
• Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation
Refunds $2.60 per issued instance
• Data Ticket will process refunds when notified of each need • In the event the city utilizes Joint Banking, Data Ticket will verify, generate, and send each refund due
• Refunds will be issued weekly
• Refunds will be sent via 1st Class Mail
Data Ticket, Inc. City of Santa Ana
Irvine, CA RFP NO. 21-128
O: 949 752-6937; O: 949 428-7240 Automated Parking Citation and Processing Services
• The anticipated costs for the city to issue refunds to individuals is expected to be $24,000 per year. These funds are furnished by the city to Data Ticket to replenish the city’s refund account.
Delinquency Collections Program 20% of amount collected • Delinquent collections include sending an additional three notices per citation, handling all customer service and processing all payments. The estimated cost of the program is $151,375 (20%) per year based on $756,877 in collections in the prior year.
Parking Citation Payment Plan Processing (non-indigent) $12 .00 per transaction • An administrative fee will be assessed to Patrons who wish to participate in a payment plan
• T he administrative fee will be added to the Agency’s invoice and once the 1st payment plan installment is paid by the Patron, the administrative fee will be reimbursed to the Agency
• This fee will cover the cost of the payment plan initiation, and the cost of a confirmation letter that is sent to the Patron confirming the details of the payment plan • The Agency will have the ability to determine whether Payment Plans are accepted and if so, what the parameters for payment will be
Payment Plan Administration (AB 503 – indigent) $6.10 per transaction • Acceptance and scanning of Indigent payment plan requests • Approval/Denial by Data Ticket
• Inclusive of the approval/denial letter
Credit Card Chargeback Processing $30.00 per transaction • If a chargeback occurs, a fee will be charged to the Patron for the processing of the chargeback
• No fee will be charged to the Agency
Postal Rate Increase Offset – If postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase.
DETAILED ANDROID PRICING
3 Year Lease Price
Samsung Galaxy A52+ & New 3” Printer $39.00 per unit per month
OR
Purchase Price
Samsung Galaxy A52+ & 3” Printer $1,277.00 per unit
The city states it would like to proceed with the existing printers utilized by the city.
If so, we have provided Lease and Purchase prices below for the handheld ticket writers only below.
Data Ticket, Inc. City of Santa Ana
Irvine, CA RFP NO. 21-128
O: 949 752-6937; O: 949 428-7240 Automated Parking Citation and Processing Services
3 Year Lease Price
Samsung Galaxy A52+ $30.00 per unit per month
OR
Purchase Price
Samsung Galaxy A52+ $1,000.00 per unit
Handheld Software Licensing $100.00 per unit per year
This fee covers all software licensing and upgrades provided to the city.
Handheld Software Maintenance $25.00 per unit per month This fee covers complete repair and replacement of any handheld unit damaged for any reason. There is no deductible charged to the city. Upon notification of damage, we simply prepare a unit to be FedEx’d to the City for replacement.
Data Plan ~$45.00 per unit per month
This fee will be a passed through from the selected cellular provider.