AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE
CITY OF MANTECA AND “NATIONAL EXPRESS TRANSIT”
This Amendment No. 2 (“Amendment”) to Agreement #C2017-114 (“Agreement”) between the City of Manteca and “National Express Transit Corporation,” is made and entered into this ___ day of ___________, 2022, by and between “National Express Transit Corporation” a Delaware corporation (“Contractor”) and the City of Manteca, a municipal corporation (“City”).
RECITALS
On October 17, 2017, the City Council of the City of Manteca approved the Agreement with Contractor to provide Transit Operations Contract services for Manteca Transit for the specified period of November 1, 2017 to June 30, 2021, with two (2) one (1) year options.
On April 20, 2021, the City Council of the City of Manteca approved Amendment No. 1 to the agreement with Contractor to provide Transit Operations Services, which extended the Agreement until June 30, 2022, and increased the compensation to the Contractor.
The City now desires to enter into a second amendment to the Agreement to further extend the term of said Agreement by one (1) additional year to June 30, 2023, and increase the compensation amount, as allowed under Section 4 thereof.
Contractor represents that it has the necessary professional skills and experience to satisfactorily provide consulting services in a timely manner.
The City desires to engage Contractor for the purposes of completing the scope of services identified.
NOW, THEREFORE, the parties hereby agree as follows:
1. Paragraph 2 of the Agreement is hereby amended to read as follows:
“2. Time of Performance. The services of Contractor are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than June 30, 2023.”
3. Paragraph 3 of the Agreement is hereby amended to include the following language:
“…Compensation for Fiscal Year 2022/2023 shall be paid to Contractor in accordance with the cost proposal for Fiscal Year 2022/2023 as outlined in the Agreement, which is a fixed monthly cost of $38,534 plus $39.54 per revenue vehicle hour. In no event shall compensation for services provided in Fiscal Year 2022/2023, pursuant to Amendment No. 2 of the Agreement, exceed $1,333,255.00, without additional, written, authorization from the City….”
4. Except as otherwise provided in this Amendment, the Agreement shall continue in full force and effect.
THIS SPACE INTENTIONALLY LEFT BLANK
TO EFFECTUATE THIS AMENDMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONSULTANT:
________________________________ NATIONAL EXPRESS TRANSIT CORPORTATION Toni Lundgren A Delaware Corporation Interim City Manager
ATTEST: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Elizabeth Haglund, Gary Waits, Chief Executive Officer Acting City Clerk
COUNTERSIGNED: By: ___________________________________ (Signature)
_________________________________ ___________________________________ Bret Harmon, (Type name and title)
Director of Finance
COUNTERSIGNED: Address: 2601 Navistar Drive_____________ _________________________________ __Lisle, IL 60532_______________ Dawn Cortesi,
Acting Director of Human Resources Telephone: _(630) 821-5307______________ APPROVED AS TO FORM:
_________________________________
C. Woolley,
Assistant City Attorney
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