SECOND AMENDMENT/EXTENSION
TO
AGREEMENT FOR BURBANKBUS TRANSIT
OPERATIONS AND MAINTENANCE SERVICES
This Second AmendmenUExtension is made and entered on the 2nd day of January, 2024, 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") (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.
B. The Parties now desire to enter into a one-year extension of the Agreement.
Second Amendment/Extension
1. As provided in Section 1 of the Original Agreement, the Agreement is hereby extended for one year until March 31, 2025, at the rates outlined in the First Amendment.
2. This Second Amendment/Extension 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 Second Amendment/Extension with an electronic signature shall be limited to a physical ("wet ink") signature placed on a counterpart to this Second AmendmenUExtension 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 Amendment), not consistent with this Second AmendmenUExtension, shall remain in full force and effect and are specifically incorporated herein .
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In recognition of the obligations stated in this Amendment, the parties have executed this Amendment on the date indicated above .
"CITY" "CONTRACTOR"
CITY OF BURBANK, CALIFORNIA MV PUBLIC TRANSPORTATION, INC.
Name: US-nh ~5" Name: ERin K. Niewinski -----------
Ti tie: _ U_~---H--\~ __ O--,.,.~~-- Title: Executive VP & CFO By: ~
Name: Christopher Burls
Title: Secretary
ATTEST : Approved as to Form
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By: Lisa Kuriara, Sr. Asst. City Attorney
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