Amendment No 1 to Agreement - Extend the Term of Current City Towing Agreement - ASAP Towing & Recovery

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FIRST AMENDMENT TO THE CITY OF SOUTH BEND POLICE DEPARTMENT TOWING SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE CITY OF SOUTH BEND POLICE DEPARTMENT TOWING SERVICES AGREEMENT between Korson Inc., d/b/a ASAP Towing, an Indiana limited liability company ("ASAP"), and the City of South Bend, an Indiana municipal corporation acting by and through its Board of Public Works (the "City") (each a "Party" and collectively, the "Parties), is made on December 10, 2019, with an effective date of January 1, 2020. WHEREAS, City and ASAP are parties to a towing services agreement effective October 31, 2016, wherein ASAP provides no cost towing services to the South Bend Police Department ("Agreement"); WHEREAS, on December 21, 2017, the City approved renewal of the Agreement for a one-year term commencing on January 1, 2017; WHEREAS, on May 28, 2019, the City approved renewal of the Agreement for calendar year 2018; WHEREAS, per the terms of the Agreement and the most recent renewal, the Agreement is scheduled to expire on December 31, 2019; WHEREAS, this amendment is entered into to modify certain terms and conditions expressed in the Agreement; and NOW, THEREFORE, in consideration of the mutual promises and obligations in this First Amendment and the Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: (1) Section 15.0 of the Agreement provided for a one (1) year term with the option to renew for subsequent one (1) year terms. The Agreement is set to expire on December 31, 2019. Section 15.0 is hereby amended to extend the term of the Agreement until April 2, 2020 to provide for adequate time to put together a request for proposals ("RFP"). (2) Each and every other provision of the original Agreement is hereby ratified, approved and reaffirmed by the Parties, and all other matters previously agreed to and set forth in the Agreement and not affected by this Amendment shall remain in full force and effect.