ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY OF CORONA
FOURTH AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH MV PUBLIC TRANSPORTATION, INC.
(RFP NO. 18-006SB – CONTRACTED FIXED ROUTE / CORONA DIAL-A-RIDE (PARATRANSIT) TRANSPORTATION SERVICES)
1. PARTIES AND DATE.
This Fourth Amendment to the Maintenance/General Services Agreement (“Fourth Amendment”) is made and entered into this 20th day of April, 2022 by and between the City of Corona (“City”) and MV Public Transportation, Inc., a California corporation (“Contractor”).
City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Fourth Amendment.
2. RECITALS.
2.1 Agreement. City and Contractor entered into that certain Maintenance/General Services Agreement on or about July 18, 2018 (“Agreement”), whereby Contractor agreed to provide Fixed Route / Dial-A-Ride (Paratransit) Transportation.
2.2 Prior Amendments. City and Contractor entered into that certain First Amendment to the Maintenance/General Services Agreement on or about August 13, 2018 (“First Amendment”). City and Contractor entered into that certain Second Amendment to the Maintenance/General Services Agreement on or about June 23, 2021 (“Second Amendment”).
City and Contractor entered into that certain Third Amendment to the Maintenance/General Services Agreement on or about August 4, 2021 (“Third Amendment”).
2.3 Amendment. City and Contractor desire to amend the Agreement for the fourth time to (1) modify the Rates and Compensation; and (2) replace Exhibit “C-2” (Compensation).
3. TERMS.
3.1 Rates & Total Compensation. Section 3.3.1 of the Agreement and amendments are hereby deleted in their entirety and replaced with the following:
“3.3.1 Rates & Total Compensation. “3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C-3” (Compensation) attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed the following amounts without written approval of City’s Representative: (1) for each fiscal year (July through June), the annual costs indicated for Year 1 through Year 6 in Exhibit “C-3” DocuSign Envelope ID: 9C1BEC41-964E-4A32-B94D-1886E5B9FB59 2 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
(Compensation) attached hereto, Eleven Million, Eight Hundred and Four Thousand, Nine Hundred and Sixty-Seven Dollars and Fifty-Three Cents ($11,804,967.53) (“Total Compensation”). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.2 Exhibit “C-2” (Compensation) as amended by the Third Amendment is hereby deleted in its entirety and replaced with Exhibit “C-3” (Compensation).
3.3 Continuing Effect of Agreement. Except as amended by this Fourth Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Fourth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Fourth Amendment.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Fourth Amendment.
3.5 Counterparts. This Fourth Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 9C1BEC41-964E-4A32-B94D-1886E5B9FB59 3 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY’S SIGNATURE PAGE
FOR
FOURTH AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH MV PUBLIC TRANSPORTATION, INC.
(RFP NO. 18-006SB – CONTRACTED FIXED ROUTE / CORONA DIAL-A-RIDE (PARATRANSIT) TRANSPORTATION SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Fourth Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Jacob Ellis
City Manager
Reviewed By: _________________________
Anne Turner
Community Services Director
Reviewed By: _________________________
Cynthia Lara
Community Assistance Manager
Reviewed By: _________________________
Sudesh Paul
Transportation Planning Supervisor
Attest: _________________________
Sylvia Edwards
City Clerk
DocuSign Envelope ID: 9C1BEC41-964E-4A32-B94D-1886E5B9FB59 ORANGE\DDERLETH\55191.2 PTEAM 03102022
CONTRACTOR’S SIGNATURE PAGE
FOR
FOURTH AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH MV PUBLIC TRANSPORTATION, INC.
(RFP NO. 18-006SB – CONTRACTED FIXED ROUTE / CORONA DIAL-A-RIDE (PARATRANSIT) TRANSPORTATION SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Fourth Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
MV PUBLIC TRANSPORTATION, INC.
a California corporation
By: _________________________
Ted Navitskas
General Council and Executive Vice-President
By: _________________________
Marie Graul
Chief Financial Officer
DocuSign Envelope ID: 9C1BEC41-964E-4A32-B94D-1886E5B9FB59 5 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
EXHIBIT “C-3”
COMPENSATION
Contracted Paratransit and Fixed Route Transportation Services RFP 18-006SB
MV Transportation, Inc.
2711 N. Haskell Avenue Suite 1500
LB-2 Dallas, TX 75204
Total: $ 11,804,967.53
Pursuant to Section 3.2.12 of the Agreement, a performance bond, as partial security against Contractor’s failure to satisfactorily fulfill all of its obligations under this Agreement, will be required. The performance bond shall be in the amount of ten percent (10%) of the average of the first three contract year amounts (and then each subsequent annual amount). With respect to the City’s management and oversight of Contractor’s Performance Bond obligation, see additional obligations provided for in Section VII (Agency Oversight and Management) of Exhibit “A” (Scope of Services).
DocuSign Envelope ID: 9C1BEC41-964E-4A32-B94D-1886E5B9FB59 6 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
DocuSign Envelope ID: 9C1BEC41-964E-4A32-B94D-1886E5B9FB59