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HomeMy WebLinkAboutAgreementsFIRST AMENDMENT TO THE AGREEMENT FOR TOWING AND IMPOUND SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITYAND MOYNAHAN TOWING BY AMENDING SECTION 3.5 OF SAID AGREEMENT TO INCREASE FEES THIS FIRST AMENDMENT to the Agreement for Towing and Impound Services is entered into on this day of , 2013, by and between the City of National City ("City") and Moynahan Towing ("Contractor"). RECITALS WHEREAS, the City and the Contractor entered into an Agreement for Towing and Impound Services ("Agreement") on or about October 1, 2011, providing for towing and impound services by the Contractor from October 1, 2011 through September 30, 2013. WHEREAS, Pursuant to Section 3.5 of the Agreement, Re -Opener Clause — Fee Schedule, after the first 12 consecutive month period of the Agreement, Contractor may request and the City may agree to increase the Fee Schedule set forth in Exhibit "A" to the Agreement to adjust the fees consistent with the community standard for police towing in San Diego County. WHEREAS, Contractor has requested in increase the Fee Schedule in Exhibit "A" to the Agreement and the City finds that such increase is consistent with the community standard for police towing in San Diego County. WHEREAS, the Parties also desire to amend the Fee Schedule by adding a $75 fee for Victim/Witness Impounds for victim and witness vehicles that are impounded for investigation purposes in accordance with Vehicle Code Sections 22655 and 22655.5. NOW, THEREFORE, the parties hereto agree that the Agreement shall be amended as follows: 1. The Parties agree to amend the Fee Schedule set forth in Exhibit "A" to the Agreement to increase the fee schedule as set forth below and in the attached Exhibit "A" to adjust the fees consistent with the community standard for police towing in San Diego County. SERVICE CURRENT FEE AMENDED FEE Basic Tow $160 $190 Medium Tow $185 $210 Dail Storage Rate $ 40 $ 48 Victim/Witness Impounded Vehicles --- $ 75 1 a:X.I?1.611- D 2. Notwithstanding paragraph 1, above, each and every other provision of the Agreement dated October 1, 2011, shall remain in full force and effect. 3. The person signing this First Amendment to the Agreement on behalf of the Contractor represents that he/she has the authority to bind the Contractor as its designated representative. IN WITNESS WHEREOF, the Parties hereto have executed the First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY MOYNAHAN TOWING By: By: Ron Morrison, Mayor Tom Moynal n, Owner APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2