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SECOND AMENDMENT TO THE CITY OF SOUTHBEND <br />POLICE DEPARTMENT TOWINGSERVICESAGREEMENT <br />THIS SECONDAMENDMENT TO THE CITY OF SOUTH BEND POLICE DEPARTMENT <br />TOWING SERVICES AGREEMENT between Korson Inc., d/b/a ASAPTowing,an Indiana limited liability <br />compaASAP,and the City of South Bend, an Indiana municipal corporationacting by and through its <br />Board of Public Works(the "City")(each a Partyand collectively, the Parties), is made on April __, 2020, <br />with an effective date of April 2,2020. <br />WHEREAS, City and ASAPare parties toatowing servicesagreementeffectiveOctober31,2016, <br />wherein ASAP provides no cost towing services to theSouth BendPolice Department (; <br />WHEREAS,onDecember 21, 2017,theCity approved renewal of the Agreement for a one-year term <br />commencing on January1,2017; <br />WHEREAS,on May 28, 2019,the City approved renewal of the Agreement for calendar year 2018; <br />WHEREAS,on December 10, 2019, the City approved renewal of the Agreement until April 2, 2020 to <br />provide time to solicit proposals from local towing vendors; <br />WHEREAS,pursuant to the State of Indiana Executive Order 20-18, signed on April 6, 2020, <br />governmental bodies are directed to determine and perform essential governmental functions,which aredefined <br />as servicesneeded to ensure the continuing operation of agencies or to provide for or support the health, safety <br />and welfare of the public;and <br />WHEREAS,the awarding of a towing service contract is not an essential governmental function; and <br />NOW, THEREFORE, in consideration of the mutual promises and obligationsin this second <br />amendment to the Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree <br />as follows: <br />(1)The term of the Agreement is extended until July 31,2020. <br />(2)Each and every other provision of the original Agreement is herebyratified, approved and <br />reaffirmed by the Parties,and all other matters previously agreed to and set forth in the Agreement and <br />not affected by this Amendment shall remain in full force and effect. <br />(3)This Amendment may be executed in multiple counterparts, each of which shall be deemed an <br />original. <br />(Signatures appear on the following page) <br /> <br />