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THIRD AMENDMENT/EXTENSION
TO
AGREEMENT FOR BURBANKBUS TRANSIT
OPERATIONS AND MAINTENANCE SERVICES
This Third Amendment/Extension (“Third Amendment”) is made and entered on the 28th day of January, 2025, by and between the City of Burbank, a California municipal corporation (hereinafter referred to as the “City”), and MV Public Transportation, Inc. (hereinafter referred to as “Contractor”). City and Contractor may hereinafter be referred to collectively as the “Parties” and individually as a “Party”.
Recitals
A. City and Contractor entered into an agreement on April 1, 2021 ("Original Agreement"), as amended by that certain First Amendment dated February 14, 2023 ("First Amendment") and Second Amendment dated January 2, 2024 (“Second Amendment”) (collectively, "Agreement") whereby Contractor agreed to provide certain bus operations and related services for three years, ending March 31, 2024. The Agreement provided for up to two, one-year extensions. The first extension was exercised on January 2, 2024, ending on March 31, 2025.
B. The Parties now desire to enter into the second one-year extension of the Agreement, and update rates as set forth in this Third Amendment.
Third Amendment/Extension
1. Term Extension. As provided in Section 1 of the Original Agreement, the Agreement is hereby extended for one year until March 31, 2026, at the rates outlined in the First Amendment, as modified herein.
2. Amendment to Section 3 – Vehicle Revenue Service Hour Rate and Maximum Amount of Compensation. Table 3.1 of Section 3 of the Original Agreement, as modified by the First Amendment, is hereby amended by updating the Contractor compensation for Tier 1 hours during Year 5 of the term as provided below, effective on April 1, 2025:
Update to Table 3.1 - Contractor Compensation for Tier 1 Hours during Year 5
Optional Year
5 Cost per Revenue Hour $114.50
Estimated Annual Revenue Hours 21,000
Total Projected Annual Revenue $2,404,500
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3. This Third 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 Third Amendment with an electronic signature shall be limited to a physical ("wet ink") signature placed on a counterpart to this Third Amendment by a Party, and transmitted electronically as described in this Section to the other Party.
4. All other terms and provisions of the Agreement (which includes modifications by the First and Second Amendments), not inconsistent with this Third Amendment, shall remain in full force and effect and are specifically incorporated herein.
[Signature Page Follows]
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In recognition of the obligations stated in this Third Amendment, the parties have executed this Third Amendment on the date indicated above.
“CITY” “CONTRACTOR”
CITY OF BURBANK, CALIFORNIA MV PUBLIC TRANSPORTATION, INC.
By: ______________________ By: ___________________________
Name: __________________________ Name: __________________________
Title: ____________________________ Title: ____________________________
By: __________________________
Name: __________________________
Title: ____________________________
ATTEST: Approved as to Form
Office of the City Attorney
______________________________ ________________________________
Kimberley Clark, City Clerk By: Lisa Kurihara, Sr. Asst. City Attorney