HomeMy Public PortalAboutAddendum No. 1 to Contract No. 20-2021 - Rotation for Towing - Elliot Towing, Inc ir►\
ADDENDUM
THIS ADDENDUM, (Number 1 to Contract No. 20-2021) is made and entered into this
(o ' day of -37,1`) , 2021, by and between the City of Richmond, Indiana, a municipal
corporation, acting throe h its Board of Public Works and Safety with its office at 50 North 5th Street,
Richmond, Indiana, 47374 (hereinafter referred to as "City"), and Elliott Towing, Inc., 4361 U.S. 35
North,Richmond,Indiana,47374(hereinafter referred to as"Contractor").
WHEREAS, City and Contractor entered into Contract No. 20-2021 on April 1, 2021, which
Agreement retains Contractor to participate on the City's towing-rotation list; and
WHEREAS, The Parties have mutually agreed to release Contractor from participation in the towing
rotation due to Contractor being short staffed, and the Parties have mutually agreed to
terminate the Agreement as set forth within the provisions of Contract No.20-2021 and
as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including
the above stated recitals, City and Contractor hereby agree as follows:
1. The City and Contractor executed and entered into Contract No. 20-2021, on April 1,
2021, which Agreement is incorporated herein by reference. The Parties have mutually
agreed to release Contractor from participation in the towing rotation due to Contractor
being short staffed, provided that Contractor shall continue to remain liable for services
performed under Contract No. 20-2021 prior to the date Contractor was removed from
the rotation list,which date was June 8,2021.
2. Contractor's removal request dated June 8, 2021, is attached to this Addendum as Exhibit
A and is incorporated herein by reference.
3. The Parties have elected to terminate the Agreement for their mutual convenience and not
on the basis of any default. Any claim of default or the like by either party is hereby
mutually rescinded. Releases are hereby concurrently stated herein to confirm the Parties
are voluntarily "walking away" from one another with respect to the contractual matters
described herein, except as specifically provided in this Addendum. Contractor shall
have no other right or claim to payment for work performed, additional costs, damages,
or the like. Contractor understands, acknowledges, and agrees Contractor would have no
rights to be considered for any future contract or contracts that would or could be
contemplated by the City or future administrations.
4. This Addendum constitutes the entire and final agreement between the Parties concerning
the subjects of the mutual termination of the Agreement described herein. There are no
other agreements, understandings, warranties, or representations among the Parties
concerning the subject of this Addendum for mutual and no-fault termination. If any
provision of this Addendum is held to be invalid, the remaining provisions shall remain
in full force and effect.
Addendum No. 1 to Contract No.20-2021
Page 1 of 2
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5. Neither this Addendum, nor any of the provisions hereof can be changed, waived,
discharged, or terminated, except by an instrument in writing signed by the Parties. This
Addendum shall be construed as if jointly prepared by the Parties.
6. City and Contractor expressly agree that all other terms, conditions, and covenants
contained in Contract No. 20-2021, shall be applicable to this Addendum, unless such
term, condition or covenant conflicts with this Addendum Number 1, in which case this
Addendum Number 1 shall be controlling.
7. Both Parties agree that any person executing this Contract in a representative capacity
hereby warrants that he or she has been duly authorized by his or her principal to execute
this Addendum.
IN WITNESS WHEREOF, this Addendum is ex5 ddte and approved by the undersigned
representatives of the City and Contractor this/-- day of `/L!& , 2021.
"CITY" "CONTRACTOR"
THE CITY OF RICHMOND, ELLIOTT TOWING,INC.
INDIANA by and through its 4361 U.S. 35 North
Board of Public Works and Safety Richmond,IN 47374
ge:64:46By:
y:
Vicki Robinson,President
By: Printed: I 01 v. Dt4
Emily Palmer,Member
By:
r i Title: /1/ h1 P '-
Matt Evans,Member
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Approved: I 40/
Date: ' 1 Z
H d M. Snowlimigyr.r
Date: 0 ®G 2oZ f
Page 2 of 2
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