ATTACHMENT 1-1
FIRST AMENDMENT
TO
AGREEMENT FOR BURBANKBUS TRANSIT
OPERATIONS AND MAINTENANCE SERVICES
This First Amendment to Agreement for BurbankBus Transit Operations and Maintenance Services (this “Amendment”), is entered into as of February 14, 2023 (the “Effective Date”), by and between the City of Burbank, California, a California municipal corporation (“City”), and MV Public Transportation, Inc. (“Contractor”). City and Contractor may hereinafter be referred to collectively as the “Parties” and individually as a “Party.”
RECITALS:
A. The Parties have entered into that certain Agreement for BurbankBus Transit Operations and Maintenance Services , dated on or about April 1, 2021 , pursuant to which Contractor provides certain transportation services to City (the “Agreement”). Capitalized terms used in this Amendment and not defined herein shall have the meanings given such terms in the Agreement.
B. The Parties desire to amend the Agreement as set forth herein.
NOW, THEREFORE , in consideration of the mutual covenants, representations, and warranties contained in this Amendment, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties, intending to be legally bound, agree as follows:
AMENDMENT:
1. Amendment to Section 3 – Vehicle Revenue Service Hour Rate and Maximum Amount of Compensation . Table 3.1 and Table 3.2 of Section 3 of the Agreement are hereby amended and restated as follows , with Cost per Revenue Hour changes for Year 2 to become effective on January 1, 2023:
(a) Table 3.1 – Contractor Compensation for Tier 1 Hours Year 1 Year 2 Year 3 *Optional Year
4 *Optional Year
5 Cost per
Revenue Hour
$71.87 $85.00 $91.26 $99.15 $104.86
Estimated
Annual
Revenue Hours
22,000 21,000 21,000 21,000 21,000
2 Total Projected
Annual
Revenue
$1,581,140 $1,785,000 $1,916,460 $2,082,150 $2,202,060
Table 3.2 – Contractor Compensation for Tier 2 Hours
Year 1 Year 2 Year 3 *Optional Year
4 *Optional Year
5 Cost per
Revenue Hour
$103.73 $109.32 $112.08 $129.35 $137.69
Estimated
Annual
Revenue Hours
3,120 3,120 3,120
3,120 3,120
Total Projected
Annual
Revenue
$323,638 $341,078 $349,690 $403,572 $429,593
2. Amendment to Section 5.2 – Service Hours (approximate) . Section 5.2 of the Agreement is hereby amended and restated as follows:
“Tier I – Service operated Monday through Friday.
Orange Route: 5:30 a.m. – 10:40 p.m.
Pink Route: 5:30 a.m. – 10:40 p.m.
Operating times are approximate.
Service operates Monday through Friday, excluding holidays.
Tier II – Service operated Saturday and Sunday.
Pink Route Saturday: 6:00 a.m. – 9:00 p.m.
Pink Route Sunday: 6:00 a.m. – 8:00 p.m.
Service operates Saturday through Sunday, excluding holidays. Approximate additional annual Vehicle Service Hours: 3,120.
Routes and hours of operation for Tier 1 and Tier 2 service are subject to change at the City’s sole discretion.
During peak service hours as determined by the Parties, vehicle headways will be adjusted to 15 minutes on all routes
3 3. Vehicle Changes. City agrees that during the remaining term of the Agreement, City will provide contractor with up to two (2) gasoline-powered, air conditioned, lift -equipped 20-passenger “cutaway” transit vehicles to replace the operation of two ( 2) vehicles currently provided to Contractor under Section 8 of the Agreement . City and Contractor will mutually agree in writing on the existing vehicles to be removed from revenue service and replaced with the City-owned cutaways. Contractor agrees to store retired vehicles for the remaining term of the Agreement. Contractor agrees to cooperate with City on any required ac tions necessary to document the removal of vehicles from revenue service with the Los Angeles County Metropolitan Transportation Authority and/or Federal Transit Administration prior to the vehicles being removed from service.
4. Effect on Agreement . Except as specifically amended hereby, the terms and provisions of the Agreement are in all other respects ratified and confirmed and remain in full force and effect without modification or limitation. To the extent that the terms of this Amendment conflict with the terms of the Agreement, the terms of this Amendment shall control.
5. Governing Law. This Amendment shall be governed by and construed under the laws of the State of California, without regard to principles of conflicts of law.
6. Counterparts. This Amendment may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be used for any purpose without the production of its duplicate counterpart. Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Parties hereto. Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and shall be valid, binding and effective for all purposes. Notwithstanding the foregoing, the authority under this Section to execute this Amendment with an electronic signature shall be limited to a physical (“w et ink”) signature placed on a counterpart to this Amendment by a Party, and transmitted electronically as described in this Section to the other Party.
[Signature Page Follows]
ATTACHMENT 1-4
IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective as of the Effective Date.
CITY:
CITY OF BURBANK, CALIFORNIA
By:
Name:
Title:
CONTRACTOR:
MV PUBLIC TRANSPORTATION, INC.
By:
Name:
Title:
By:
Name:
Title: