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INSURANCE ON FILE N-2015-051 <br />4 0RK MAY PROCEED <br />UNTIL. INSURANCE EXPIRES <br />CLERK OF COUNCIL. <br />DATE: � 7 Zn1� THIRD AMENDMENT TO AGREEMENT <br />a'. Pnit� Cry <br />r oto ca THIS THIRD AMENDMENT TO AGREEMENT effective as of April 1, 2015, by and <br />C" t& between B & D Towing, inc., a California corporation ("Contractor") and the City of Santa Ana, <br />j�� v) a charter city and municipal corporation organized and existing under the Constitution and laws <br />of the State of California ("City"), <br />RECITALS: <br />A. The parties entered into Agreement # N-2013-048, dated April 1, 2013, (hereinafter "said <br />Agreement") by which Contractor will provide police tow services on a rotational basis. The <br />Term of said Agreement was one year, with up to four extensions, exercisable at the option of <br />the Chief of Police. <br />B. The parties entered into the First Amendment to Agreement #N-2013-048-001 on May 28, <br />2013, amending the Fee Schedule and authorizing the recovery of the Dispatch and Tracking <br />Solutions fee from the vehicle owner. <br />C. The parties entered into the Second Amendment to Agreement #N-2013-48-002 on April I, <br />2014, extending the agreement for one (1) year. <br />D. in accordance with the terms and conditions of said Agreement, the parties wish to amend the <br />said Agreement by extending the agreement for the second additional year, revising the <br />Scope of Services and Rates and Fee Schedule to allow Contractor to collect on behalf of the <br />City, a $75 fee for stored vehicles, amending the response time for medium duty tow trucks <br />from 20 minutes to 30 mimrtes; and amending the Rates and Fee Schedule to revise fees to <br />align with that which is standard within the industry (i.e, these fees charged by California <br />Highway' Patrol) and consistent with our ability to make revisions to the Rates and Fees as <br />outlined in Section 2d., of the Agreement. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this Second Amendment to <br />Agreement, the parties agree as follows: <br />1, Section 3 of said Agreement, TERM, is hereby amended and extended through March 31, <br />2016. <br />2. Section III.B.4.a. WORJS ING HOURS AND RESPONSE, TIMES, is revised to read as <br />follows: <br />a. The 20 minute response time applies only to tow requests requiring a Class A tow truck. <br />Requests for a Class B tow truck will have 30 minutes to respond, <br />3. Section H112. RATES AND FEES, is amended to read as follows: <br />2. The Contractor acknowledges that the fee schedule is intended to list the maximum <br />amounts for services rendered per hour, ata minimum of I hour but nothing in this <br />Agreement shall preclude the Contractor from charging less than the maximum fee <br />allowed. <br />