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INSURANCE NOT ON FELE <br />WORK MAY MT- PROCEED <br />CLERK OF COUNCIL <br />ATE: I[. 2 6 2016 <br />09 .SAP D(0) <br />FIFTn AMENDMENT TO AGREEMENT <br />N-2015-052-002 <br />9U0JYl*a,9» THIS FIFTH AMENDMENT TO AGREEMENT effective as of July 1, 2016, 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 laws of the State of California ('City"), <br />RECITALS: <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. <br />B. The parties entered into the First Amendment to Agreement #N-2013-047-001 on May 23, <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-2013-047-002 on April 1, <br />2014, extending the agreement for one (1) year. <br />D. The parties entered into the Third Amendment to Agreement #N-2015-052 on April 1, 2015, <br />extending the agreement for one year and revising the Scope of Services and Rates and Fee <br />Schedule to allow the Contractor to collect on behalf of the City, a $75 fee for stored <br />vehicles, amending the response time for medium duty tow trucks and revising thee rates and <br />fees to be consistent with those of the California Highway Patrol. <br />E. The parties entered into the Fourth Amendment to Agreement #N-2015-052 on April 1, 2016, <br />extending the agreement until July 1, 2016 to allow the City sufficient time to evaluate those <br />companies that submit proposals for the current Request for Proposals ("RFP") for rotational <br />towing and storage services and to recommend to the City Council a new list of rotational <br />towing providers for the City. <br />F. The parties now intend to exercise another extension of the Agreement until September 1, <br />2016, to allow the City sufficient time to evaluate those companies that submit proposals for <br />the current Request for Proposals ("RFP") for rotational towing and storage services and to <br />recommend to the City Council a new list of rotational towing providers for the City. <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 Fifth Amendment to <br />Agreement, the parties agree as 'follows: <br />1. Section 3 of said Agreement, TERM, is hereby amended and extended through September 1, <br />2016; <br />[Continued on page 21 <br />