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INSURANCE NQ[ ON FILE WORK MAY NE PROCEED CLERK OF COUNCIL XDATE: MAR 0 5 7019 ►.� L-t.rr ,M.6..f•F-,N�'t- FIRST AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER THIS FIRST AMENDMENT to the above -referenced agreement is entered into on February 20, 2018, by and between B&D Towing, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS, A. The parties entered into Agreement #A-2016-233, dated August 16, 2016 ("Agreement'), by which Contractor agreed to provide vehicle towing and storage services. B. The original term of the Agreement was from September 1, 2016 and continues through August 31, 2019. The agreement provides under Section 2.d. for the parties to allow for the City to adjust the towing and storage rates at an amount not to exceed two percent (2%) 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 from 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 and storage rates pursuant to Section 2.d. of the Agreement, which will take effect as of February 21, 2018. The Parties therefore agree: 1. Section 3, Compensation, is amended to include Exhibits B-1 and B-2 reflecting the rate changes and the CPT data required under section 2.d. 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. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. MUM MARLA D. HUIZAR Clerk or me Council CITY OF SANTA ANA RAUL GODINFZ ITS City Manager -- signatures continue on next page -- Page 1 of 2