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INSURANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK DATE: AUG 15 2024 CJDsepn MarY�) lV41 SECOND AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER A-2024-115 THIS SECOND AMENDMENT to the above -referenced agreement is entered into on August 6, 2024, by and between B&D Towing, Inc., ("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"). RECITALS A. On April 29, 2021, the City issued Request for Proposal No. 21-060 C RFP") seeking qualified tow companies to provide Police Rotational Towing and Storage Services for the Santa Ana Police Department. B&D Towing, Inc. was among the companies selected. The intent of RFP 21-060 was to have an initial term of three (3) years with the option to extend for two (2) additional one (1) year periods, as indicated in Section II.C.-Implementation of the RFP. The Agreement listed the term of three (3) years, without including the option to extend. The Agreement currently expires on August 31, 2024. The parties wish to amend the Agreement to allow for the option to extend the term for two (2) additional one (1) year periods. B. On August 17, 2021, the parties entered into Agreement No. A-2021-159 ("Agreement"), by which Contractor agreed to provide towing and storage services. C. On May 1, 2023, the Agreement was amended to allow for a two percent (2°/o) increase of the towing rates. Based on the required statistical information presented to the City, the parties now wish to amend the Agreement again to allow for an additional increase of approximately two percent (20/6) of the towing rates, pursuant to Section 2.e. of the Agreement. D. Under Section 2.e: -Adjustments to the Towing and Storage Fee Schedule, the Agreement allows the City to adjust the towing and storage rates in an amount not to exceed two percent (21/o) annually based on the most recent statistics: Consumer Price Index ("CPI") and Producer Price Index for Petroleum ("PPP'). Fee adjustments will only be made if justified and may only occur at the sole discretion of the Chief of Police based on recommendations from the Traffic Commander. The Parties therefore agree: Section 2, Compensation, is amended to include Exhibits B-3 and B-4 reflecting the rate changes and the CPI data required under section 2.e. Exhibits B-3 and B-4 will replace Exhibits B-1 and Exhibit B-2 of the Agreement and act as the current Fee Schedule until such time as a further amendment may be necessary and/or warranted. 2. Section 3, Term, is amended to allow two (2) one (1) year extensions. By way of this Second Amendment, the parties are now exercising the first extension of one (1) additional year from September 1, 2024, through August 31, 2025. 3. Except as modified by this Second Amendment, all terns and conditions of the Agreement shall remain in full force and effect. Pagel of 2