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Q <br />C:U?,'v.b- N'T <br />INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE; JUL 1 g 2013 <br />FIRST AMENDMENT TO AGREEMENT <br />N-2013-045-001 <br />'SApY1 Cl) <br />tt wZ° THIS FIRST AMENDMENT TO AGREEMENT is entered into on 2013, by and <br />ppber? between Ben Warner's Garage, Inc, a California corporation ("Contractor") andthe City of Santa Ana, a <br />Cgrr?!! charter city and municipal corporation organized and existing under the Constitution and laws of the State <br />of California ("City"). <br />RECITALS: <br />A. The parties entered into Agreement # N-2013-055, dated April 1, 2013, (hereinafter "said <br />Agreement") by which Contractor will provide police tow services on a rotational basis. <br />B. Said Agreement requires that Contractor utilize Dispatch & Tracking Solutions (DTS) software in <br />implementation of the contract. <br />C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the <br />authorized fee schedule to authorize the recovery of the DTS fee from the vehicle owner. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the <br />terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, <br />the parties agree as follows: <br />1. Exhibit B, Fee Schedule, shall be amended to include as a fee which Contractor is authorized to <br />collect, a DTS fee in the amount Contractor pays to the Orange County Sheriff, currently $9.25 per <br />dispatch call. <br />2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force <br />and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the <br />date and year first written above. <br />ATTEST: <br />,/4,V , i-) ` Abl <br />MARIA D. HUIZAR <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />By: <br />Lau Needy <br />Assistant City Attorney <br />CITY OF SANTA ANA <br />C OS ROJAS <br />Acting Chief of Police <br />BEN WARNER'S GARAGE, INC. <br />M HA AN <br />President