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FIRST AMENDMENT TO A G R E E M E N T
THIS FIRST AMENDMENT TO AGREEMENT, dated for purposes of identification only this 1st day of October, 2022, is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation, hereinafter
referred to as "ANAHEIM"
A
N
D
STANDARD ENTERPRISES, a California corporation, dba TO’ and MO’ TOWING, hereinafter referred to as "OPERATOR"
W I T N E S S E T H:
WHEREAS, on October 1, 2017, ANAHEIM entered into an Agreement with OPERATOR to provide towing services for towing disabled, stored and impounded vehicles services, at set rates that contained incremental increases over a five year period (the “Agreement”); and
WHEREAS, ANAHEIM is in the process of evaluating proposals to provide future towing services, and in the interim, desires to extend the Agreement and modify the applicable towing charges and rates.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Paragraph 1 of the Agreement is amended to read in full as follows:
1. TERM
The term of this Agreement shall commence on October 1, 2017, and, with renewal terms, may continue through December 31, 2022.
2. Paragraph 9 of the Agreement is amended to add the following paragraph:
Beginning on October 1, 2022, OPERATOR shall charge the following rates:
1. $200 per call – standard or flatbed tow truck
2. $237 per call – vehicles over 3 tons
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28 3. $355 per call – vehicles with 3 axles AND over 3 tons
4. $70 per call – dolly service
5. $65 per day storage (outside) under 3 ton
6. $71 per day (inside) under 4 ton
7. $77 per day storage (outside) over 3 ton
8. $77 per day storage – vehicles in excess of 60 feet
9. $200 second tow truck – if required
10. $65 for release of vehicle after 5:00 p.m. and before 8:00 a.m. (call out or weekend)
11. $62 citizen request for assistance
12. $75 hazardous material fee
3. Except as expressly provided to the contrary herein, all provisions of the Agreement shall remain in full force and effect. The Agreement and this First Amendment to Agreement shall hereinafter be collectively referred to as the "Amended Agreement." The Amended Agreement integrates all of the terms and conditions of agreement between the Parties and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof.
4. OPERATOR and its signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this First Amendment to Agreement on behalf of OPERATOR and to bind OPERATOR hereto.
5. The Effective Date of this First Amendment to Agreement shall be October 1, 2022.
[SIGNATURES ON FOLLOWING PAGE]
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28 IN WITNESS WHEREOF, the parties hereto have caused this restated and Amended Agreement to be executed on the dates hereinafter respectively set forth.
DATE OF EXECUTION:
DATED: ____________________, 2022
CITY OF ANAHEIM,
a municipal corporation
By:
Trevor O’Neil, Mayor Pro Tem of Anaheim
ATTEST:
By:
City Clerk
“ANAHEIM”
DATE OF EXECUTION:
DATED: , 2022
STANDARD ENTERPRISES, a California
corporation, dba TO’ and MO’ TOWING
By:
______________________
APPROVED AS TO FORM:
By: __
Kristin A. Pelletier
Chief Assistant City Attorney, Civil Division
Dated:
146904