Second Amendment to Agreement - Extend Term of Current Police Towing Agreement - Korson, Inc. dba ASAP Towing

Home Browse Search

SECOND AMENDMENT TO THE CITY OF SOUTH BEND POLICE DEPARTMENT TOWING SERVICES AGREEMENT THIS SECOND 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 "Parry" and collectively, the "Parties), is made on April , 2020, with an effective date of April 2, 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, on December 10, 2019, the City approved renewal of the Agreement until April 2, 2020 to provide time to solicit proposals from local towing vendors; WHEREAS, pursuant to the State of Indiana Executive Order 20-18, signed on April 6, 2020, governmental bodies are directed to determine and perform essential governmental functions, which are defined as services needed to ensure the continuing operation of agencies or to provide for or support the health, safety and welfare of the public; and WHEREAS, the awarding of a towing service contract is not an essential governmental function; and NOW, THEREFORE, in consideration of the mutual promises and obligations in this second amendment to the Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: (1) The term of the Agreement is extended until July 31, 2020. (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. (3) This Amendment may be executed in multiple counterparts, each of which shall be deemed an original. (Signatures appear on the following page)