Item 15 - Third Amendments for Rotational Towing and Storage Services for the Police Depar_20250910152000814

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THIRD AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER THIS THIRD AMENDMENT to the above -referenced agreement is entered into on September 16, 2025, 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. On August 17, 2021, the parties entered into Agreement No. A-2021-159 ("Agreement"), by which Contractor agreed to provide towing and storage services. B. On May 1, 2023, the parties entered into a First Amendment to the Agreement (A-2021- 159-01) to allow for a two percent (2%) increase of the towing rates, pursuant to Section 2.e. of the Agreement. C. On August 6, 2024, the parties entered into a Second Amendment to the Agreement (A- 2024-115) to extend the term of the Agreement for up to two (2) additional one-year terms and adjust for a two percent (2%) increase of the towing rates, pursuant to Section 2.e. of the Agreement. The parties exercised the first of the two optional extensions to extend the term of the Agreement through August 31, 2025. The Agreement is current and in -effect. D. Per the terms of Section 3 of the Agreement, the parties exercised their second and final optional extension to extend the term of the Agreement through August 31, 2026. The Agreement is current and in -effect. E. Under the terms of the Scope of Services to the Agreement, Section I.5., Storage Facility and Vehicle Storage Requirement, all vehicles towed by the City shall be stored within the corporate City limits and the vehicle or any of its contents shall be made available for release within the corporate City limits. F. The parties now wish to amend the Scope of Services section in the Agreement to allow the Contractor the option and ability to store any towed vehicle and release the vehicle, or any of its contents, in an area outside of the corporate City limits. No other changes, including towing rates and overall compensation of the Agreement, as amended, are contemplated by this Third Amendment. The Parties therefore agree: Section 1, Scope of Services, Exhibit A is amended to revise Section I.5., Storage Facility and Vehicle Storage Requirement, to allow the Contractor to store any towed vehicle and release the vehicle, or any of its contents, in an area no further than three (3) miles from the corporate City limits. 2. Except as modified by this Third Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. Pagel of 2