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iNSURANCE ON FILE N-2018-052 <br />6URK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />DATT�[:: �9� `i 8 ` QA5 THIRD AMENDMENT TO AGREEMENT <br />a U _- " <br />ea 0 THIS THIRD AMENDMENT TO AGREEMENT effective as of April 1, 2015, by and <br />between Metro Pro Road, Services, Inc., dba A&P Towing, a California corporation <br />("Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and taws of the State of California (°`City"). <br />A. The parties entered into Agreement # N-2013-047, dated April 1, 2013, (hereinafter "said <br />Agreement') by which Contractor will provide police tow services on a rotational basis for a <br />one year period with four (4) additional one-year extension periods exercisable at the option <br />of the Chief of Police. <br />B. The parties entered into the First Amendment to Agreement #N-2013-047-001 on May 28, <br />2013, amending the Fee Schedule (Exhibit B) and authorizing the recovery of the Dispatch <br />and Tracking Solutions fee from the vehicle owner. <br />C. The parties entered into the Second Amendment to Agreement #N-2013.047-002 on April 1, <br />2014, extending the agreement for one (1) year. <br />D. In accordance with the terrns and conditions of said Agreement, the panties 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 taw trucks <br />from 20 minutes to 30 minutes, and amending the Rates and Fee Schedule to revise fees to <br />align with that which is standard within the industry (i.e. those 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 />Section 3 of said Agreement, TERM, is hereby amended and extended through March 31, <br />2016. <br />2. Section III.B.4.a. WORKING 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 111,1,2. 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, at a nunimum of I hour but nothing in this <br />Agreement shalt preclude the Contractor from charging less than the maximum fee <br />allowed. <br />