FIRST AMENDMENT TO VEHICLE TOWING AND SECURED STORAGE
SERVICE AGREEMENT
(Parties: City of Commerce and Mr. C’s Towing of South Gate, Inc) This First Amendment (“First Amendment”) to the existing agreement for vehicle towing and secured storage services for the City of Commerce (“City”), is entered into as of February ____, 2022, by and between the CITY OF COMMERCE, a California municipal corporation (“City”), and MR. C’s TOWING of SOUTH GATE. Inc, a corporation (“Contractor”). City and Contractor are sometimes individually referred to herein as a “Party,” and jointly as “Parties.”
RECITALS
A. The Parties entered into the agreement with Mr. C’s Towing of South Gate on May 1, 2018, for the purpose of retaining the services of Contractor to provide vehicle towing services and secure storage needs for the City (hereinafter “Master Agreement”).
B. The City and Contractor desire to amend the Master Agreement as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Parties agree as follows:
Section 1. Effective Date
The Effective Date of this First Amendment shall be May _____, 2022.
Section 2. Term
Section 2 of the Master Agreement entitled SCOPE OF WORK, TERM OF AGREEMENT AND OPTION TO RENEW, shall be amended in its entirety to read as follows:
The term of this Master Agreement shall be as follows:
Section 2. SCOPE OF WORK, TERM OF AGREEMENT AND OPTION TO RENEW A. Except as otherwise provided elsewhere in the Master Agreement, Contractor agrees to performance all of the services and tasks set forth in the Master Agreement.
B. The of term of the Master Agreement shall be for a total period of four (4) years commencing from the Effective Date (hereinafter, the “Term”).
Section 3.
This First Amendment adds the following Section 18 entitled FORCE MAJEURE to the Master Agreement, and shall read as follows:
Force Majeure: A Party’s performance of any obligation under the Master Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under the Master agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Master Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Master Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Master Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under the Master Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to any failure or delay in performing its obligations under the Master Agreement, will notify the other in writing within fourteen (14) days of the commencement of such failure or delay and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.
Section 5. Incorporation of Agreement
Except as expressly amended herein, all of the terms and conditions of the Master Agreement shall remain in full force and effect and are ratified by each Party. The First Amendment and the Master Agreement contain the entire Contract of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The Parties agree that if any provisions of this First Amendment conflict with the Master Agreement, then the provisions of this First Amendment shall prevail. If any portion of this First Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Section 6. Corporate Authority
The persons executing this First Amendment on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this First Amendment on behalf of said Party, (iii) by so executing this First Amendment, such Party is formally bound to the provisions of this First Amendment, and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said Party is bound.
IN WITNESS WHEREOF, the Parties enter into this First Amendment as of the Effective Date set forth above.
CITY OF COMMERCE MR. C’s TOWING of SOUTH GATE Inc. (“CITY”) (“CONTRACTOR”)
____________________________ ____________________________ Leonard Mendoza
Mayor
Date: ___________ Date: ___________
APPROVED AS TO FORM:
______________________________
Noel Tapia, City Attorney
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