SBPD Towing Contract - Authorize Negotiations Aug. 2024 - 2027 – ASAP Towing & Hamilton’s Towing

Home Browse Search

AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (this "Agreement") is entered into on August 1, 2024 (the "Effective Date"), by and between the City of South Bend (the "City") acting through its Board of Public Works (`BPW"), and Hamilton's Towing, LLC (the "Provider") (each a "Party" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. The Provider will provide to the City the professional services (the "Services") as set forth in the Provider's proposal attached hereto as Exhibit A (the "Scope of Work") and shall be performed in a manner consistent with the requirements stated in Exhibit B, attached and incorporated hereto. Any change or deviation from Exhibit A or Exhibit B shall be communicated to the City in writing and may be subject to grounds for the City to terminate this Agreement without penalty. In the event of any conflict between the terms of this Agreement and the terms of the Scope of Work, the terms of this Agreement will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity. The Provider understands and agrees that he shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Provider in the absence of prior written approval of the Parties. 2. Compensation. In exchange for the Provider's satisfactory performance of the Services, and subject to the terms and conditions of this Agreement, Provider will be able to bill users of its Services in the amount set forth in Exhibit A. At no point during the course of this Agreement shall the City make any payment directly to Provider for services rendered except as described in Exhibit B. 3. Term; Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end July 31, 2027. This Agreement may be renewed for a period of one (1) year upon mutual agreement. City may cancel this contract immediately for a material breach of contract by providing Towing Companies with written notice of termination. This Agreement may be terminated, in whole or in part, by the City whenever, for any reason, the City determines that such termination is its best interest. Termination shall be affected by delivery to the Provider of written notice at least sixty (60) days prior to the termination effective date, specifying the extent to which performance of services will or must cease. The City will not be liable for any cost associated with the Provider's performance of any Services after the date on which Services are required to cease pursuant to any Notice of Termination. The Provider may cancel this contract for any reason upon providing City with one hundred twenty (120) days advance written notice. 4. Remedies for Breach of Contract. The Provider's failure to complete the Services in accordance with this Agreement will be considered a material breach. In the event of any breach of this Agreement by the Provider, the City may may pursue any and all remedies available at law 1