CM-2023-288 - 12/8/20234870-5600-7056/ss2
SUPPLEMENTAL AGREEMENT NO. 2
TO “CITY OF ROUND ROCK AGREEMENT FOR
TOWING MANAGEMENT AND LOGISTICS SERVICES
WITH
CFKAA HOLDINGS, LLC dba “AUTURA”
(fka “AUTORETURN”)
CITY OF ROUND ROCK §
§
STATE OF TEXAS § KNOW ALL BY THESE PRESENTS:
§
COUNTY OF TRAVIS §
COUNTY OF WILLIAMSON §
THIS SUPPLEMENTAL AGREEMENT NO. 2 to “City of Round Rock Agreement for
Towing Management and Logistic Services” called “Supplemental Agreement No. 1,” is made
by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality, with offices
located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the
“City”), and CFKAA HOLDINGS, LLC dba AUTURA (fka “AUTORETURN”), whose
offices are located at 280 Summer Street, First Floor, Boston, Massachusetts 02210 (referred to
herein as the “Autura”).
WHEREAS, the City and AutoReturn previously executed the referenced “City of
Round Rock Agreement for Towing Management and Logistic Services,” hereinafter called the
“Agreement” on July 26, 2018, by Resolution No. 2018-5673; and
WHEREAS, the term of the Agreement is for a term of five (5) years; and
WHEREAS, the City and AutoReturn extended the existing Agreement for an additional
six (6) months; and
WHEREAS, CFKAT Holdings, LLC, formerly known as TEGSCO, LLC, has assigned
to CFKAA Holdings, LLC, formerly known as AutoReturn US, LLC and now known as Autura,
all of its right, title and interest in and to the Agreement; and
WHEREAS, the City and Autura desire to extend the existing Agreement for an
additional term of twelve (12) months;
NOW THEREFORE, in consideration of the mutual promises and obligations in the
Agreement and this Supplemental Agreement No. 2, the City and Autura agree that said
Agreement is amended and supplemented as follows:
CM-2023-288
2
I.
Section 2.01(B), Term, is amended to read as follows:
B. The term is for seventy-eight (78) months from the effective date hereof.
II.
Section 5.01, Compensation, is amended to read as follows:
5.01 COMPENSATION
Autura shall manage on behalf of the City through its proprietary software
(“ARIES/DISPATCH” as described in Exhibit “B”) all City-initiated tows. In consideration for
its services, for the duration of this Agreement, Autura shall have the right to collect an
Administration Fee from all City-initiated tows. Tow companies dispatched by Autura to
complete a tow on behalf of the City, shall charge the customer an Administration Fee in the
amount of Thirty-Two and No/100 Dollars ($32.00) in addition to the towing charges.
Twenty-Seven and No/100 Dollars ($27.00) of this Administration Fees shall be paid to Autura
from the towing companies on a weekly basis. No payments shall be made from the City to
Autura and the City shall not receive any money from Autura.
III.
This Supplemental Agreement No. 2 shall amend the original Agreement only as set forth
herein with no other changes in terms or conditions of the original Agreement.
[Signatures are on the following page.]
3
IN WITNESS WHEREOF, the City and Autura have executed this Supplemental
Agreement No. 2 to be effective as of the last date of due execution by both parties.
CITY OF ROUND ROCK, TEXAS CFKAA HOLDINGS, LLC
By: _______________________________ By: ______________________________
Printed Name: ________________________ Printed Name: _______________________
Title: _______________________________ Title: ______________________________
Date Signed: _________________________ Date Signed: ________________________
ATTEST:
By: _______________________________
Meagan Spinks, City Clerk
FOR CITY, APPROVED AS TO FORM:
By: _______________________________
Stephanie L. Sandre, City Attorney
Raymond Krouse
CFO
Raymond Krouse
12/12/2023
City Manager
Laurie Hadley
12/13/2023
City of Round Rock, Texas
ASSIGNMENT
For value, received CFKAT Holdings, LLC, formerly known as TEGSCO, LLC,
("Assignor"), hereby assigns to CFKAA Holdings, LLC, formerly known as AutoReturn US, LLC
("Assignee"), all of its right, title and interest in and to any and all sums of money now due or to
become due from the City of Round Rock, Texas ("Municipality") to Assignor under the contract
to provide towing management and logistics services, executed on July 26, 2018 by resolution No.
2018-5673 (the "Contract") and Assignee agrees to assume and perform all duties and obligations
required by Assignor under the terms of the Contracts.
This Assignment constitutes the entire agreement between Assignor and Assignee with
respect to the subject matter hereof. No modification of any provision of this Assignment shall be
effective unless in writing and signed by Assignor and Assignee. This Assignment shall inure to
the benefit of and be binding upon Assignor and Assignee and their respective successors and
assigns. This Assignment shall be governed by the terms of the original Contracts between
Assignor and various other entities and the Municipality and the laws of the State of Texas, without
application of principles of conflicts of law.
This Assignment may be executed in one or more counterparts each of which shall be
deemed an original but all of which together shalt constitute one and the same instrument. Signed
signature pages may be transmitted by facsimile or e-mail, and any such signature shall have the
same legal effect as an original
ct
Dated the 8th day of -ber
CFKAT Holdings, LLC, FKA TEGSCO, LLC.
(Assignor)
.7oh4 8 W116kel-
By: _
Print: John B. Wicker
Title: Managing Member
CFKAA Holdings, LLC FKA AutoRetum US, LLC
(Assignee)
Rayo�u7 E. Krow.ts-
By:
Print: Raymond E. Krouse
Title: Chief Financial Officer
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Assignment
Page 1 Gr2
The City of Round Rock, Texas consents to the assignment of CFKAT Holdings, LLC
FKA TEGSCO, LLC ("Assignor") to CFKAA Holdings, LLC FKA AutoReturn US, LLC
("Assignee"), of all its rights, title, and obligation owing and all funds due or to become due to
Assignor under the contract to provide towing management and logistics services, executed on
July 26, 2018 by resolution No. 2018-5673 as long as all terms required of Assignor in said
contracts are met by Assignee.
City of Round Rock, Texas
/n�LLL4,cC
12/08/2023
Laurie Hadley, City Manager Date
Assignment Page 2 of