METRO PRO TOWING, INC. DBA SANTA ANA TOWING (2) -2015

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kNSURANCE ON FILE psQRK MAY PROCEED N-2015-053 UNTIL. INSURANCE EXPIRES CLERK OF COUNCIL DATE: C9b g 2 THIRD AMENDMENT TO AGREEMENT 0 . `t'Alce C t7 1. THIS THIRD AMENDMENT TO AGREEMENT effective as of April 1, 2015, by and C between Metro Pro Towing, Inc,, dba Santa Ana Towing, a. California corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under Jtp/tA,L) the Constitution and laws of the State of California ("City"). A. The parties entered into Agreement # N-2013-046, dated April 1, 2013, (hereinafter "said Agreement") by which Contractor will provide police tow services on a rotational basis for a one year period with four (4) additional one-year extension periods exercisable at the option of the Chief of Police, B, The parties entered into the First Amendment to Agreement #N-2013-046-001 on May 28, 2013, amending the Fee Schedule (Exhibit B) and authorizing tete recovery of the Dispatch and Tracking Solutions fee from the vehicle owner. C. The parties entered into the Second Amendment to Agreement #N-2013-046-002 on April 1, 2014, extending the agreement for one (1) year. D. In accordance with the terms and conditions of said Agreement, the parties wish to amend the said Agreement by extending the agreement for the second additions year, revising the Scope of Services and Rates and Fee Schedule to allow Contractor to collect on behalf of the City, a $75 fee for stored vehicles, amending the response time for medium duty tow trucks from 20 minutes to 30 minutes; and amending the Rates and Fee Schedule to revise fees to align with that which is standard within the industry (i.e. those fees charged by California Highway Patrol) and consistent with our ability to make revisions to the Rates and Fees as outlined in Section 2d., of the .Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 3 of said Agreement, TERM., is hereby amended and extended through March 31, 2016. Section III.B.4.a. WORKING HOURS AND RESPONSE TIMES, is revised to read as follows: a. The 20 minute response time applies only to tow requests requiring a Class A tow truck. Requests for a Class B tow truck will have 30 minutes to respond. 3. Section 1I1.1.2. RATES AND FEES, is amended to read as follows: 2. The Contractor acknowledges that the fee schedule is intended to list the maximum amounts for services rendered per hour, at a minimum of I hour but nothing in this Agreement shall preclude the Contractor from charging less than the maximum fee allowed.