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<br />( <br /> <br />-. <br /> <br />,. <br />IN.stiR~NC UN flU <br />WOr:" r,/'~\'i F;~OCLlD . <br />I'Nl\; IN';.'iJi\i1\~ct EIY\kc~' <br />Ja/4l~_ ''-..__ <br />~~\fit C~/t~(:;.. <br /> <br />A-2006-173 <br /> <br />~0\-;'N. <br />to' <br /> <br />SECOND AMENDMENT TO AGREEMENT <br /> <br />THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 3, <br />2006, by and between Hernandez Cart Service, a California corporation ("Consultant") <br />and the City of Santa Ana, a charter city and municipal corporation of the State of <br />California ("City"). <br /> <br />RECITALS: <br /> <br />A. The parties entered into Agreement #A-2004-134 dated July 1,2004, (hereinafter <br />"said Agreement") by which Consultant has provided shopping cart retrieval services. <br /> <br />B. In accordance with the intent of the parties at the time the parties executed said <br />Agreement, the parties wish to renew said Agreement for an additional ninety-day <br />period. <br /> <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />Second Amendment to Consultant Agreement, the parties agree as follows: <br /> <br />I. Section I, SCOPE OF SERVICES, shall be amended to read, in full, as follows: <br /> <br />Contractor shall perform the following services: <br /> <br />a. Collect all unattended shopping carts. including those belonging to retailers <br />with whom Contractor is under separate contract. from the public right-of- <br />ways and private property, as directed by the City. Contractor is required to <br />canvas the City each day of the week and retrieve unattended shopping carts. <br />All Those carts properly identified, as defmed by state law, will be returned to <br />the appropriate stores. All carts and those not properly identified and lacking <br />a business name. address. or phone number shall be delivered to the City <br />Corporate Yard. <br /> <br />b. Contractor shall provide City with a toll free "hotline" phone number where <br />the City, residents and business owners can report unattended carts. . <br />Contractor shall respond to all calls to the hotline within a twenty-four (24) <br />hour period. <br /> <br />c. Contractor shall dedicate two drivers and two vehicles exclusively to the City, <br />seven days a week, eight hours a day in two staggered shifts (7:00 a.m. to <br />4:00 p.m. and 10:00 a.m. to 7:00 p.m.). The drivers shall carry appropriate <br />identification indicating they are performing services under contract to the <br />City of Santa Ana. Holidays observed will include New Year's Day, <br />Memorial Day, Independence Day, Labor Day, Thanksgiving day and <br />Christmas day. <br />