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INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: A-2021-159-01 FIRST AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER g:P�,LI)[Av �,.I✓la THIS FIRST AMENDMENT to the above -referenced agreement is entered into on May 1, 2023, e� by and between B&D Towing, Inc., ("Contractor"), and the City of Santa Ana, a charter city and N municipal corporation organized and existing under the Constitution and laws of the State of "I) California ("City"). I— Q RECITALS A. The parties entered into Agreement # A=2021-159, dated August 17, 2021 ("Agreement'), by which Contractor agreed to provide towing and storage services. The term of the Agreement runs through August 31, 2024, and is still in effect. B. The Agreement provides under Section 2.e, Compensation and Adjustments to the Towing and Storage Fee Schedule, for the parties to allow the City to adjust the towing and storage rates at an amount not to exceed a two percent (2%) increase, annually based on Consumer Price Index ("CPI") and the Producer Price Index for Petroleum statistics for the greater metropolitan region. The adjustments are allowed if justified and at the sole discretion of the Chief of Police based on recommendations form the Traffic Commander. C. Based on the required statistical information presented to the City, the parties wish to amend the Agreement to allow for a two percent (2%) increase of the towing rates only, pursuant to Section 2.e of the Agreement. The Parties therefore agree: Section 3, Compensation, is amended to include Exhibit B-1 and B-2 reflecting the rate changes and the CPI data required under section 2.e. Exhibit B-1 will replace Exhibit B of the Agreement and act as the current Fee Schedule until such time as a further amendment may be necessary and/or warranted. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. Page 1 of 2