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HomeMy Public PortalAboutAgreement_2015-08-04_Southland Transit_1st AmendmentAGREEMENT COVER SHEET j5-00LQ �(JIi' i i�lFl.1 I �1 ((,I11)-.1 YF\I,"" � !\-1 L,i R -it, ivJY)-1,V ` [':AR f., 1I,\,k-,A-VI',Ak-41) Type of Contract 1/Consultant Services ❑ Professional Services ❑ Public Works ❑ Other: ]Meeting Date of Approval (Only If Applicable) A44WST H s 2.016 Date Contact Information Name of Company:-3Ot.(n4LdltNG TV- APL.SIT.'1 RC - Address: 6tp 0 (ZOG1GWCSLL. AvemuE. E t. t -tom -m s GA 011131 Contact Person: 64OTr. TVAKMLAV, Phone Number: C(p2(o*)as; 8-1alO Email: e-11 Scope 6� Sa t+i�lurd-Irpnst f-. e a r,n Scope (Type of Project) PIA 4- -A - IZi Cg 11z,A1 1rsF%n .TA-n0N sawevlG6 S Term of Contract Beginning Date Contract Completion Date Contract Reviewed By City Manager [-] Department Director City Attorney [_] No Changes to the Template Administrative Services Director Other: Insurance Additional Insured Endorsement [] Cancellation Provision [] General/Auto/Workman Comp. Expiration Date: Notes: Date FIRST AMENDMENT TO AGREEMENT TO PROVIDE SERVICES by and between the CITY OF TEMPLE CITY and SOUTHLAND TRANSIT, INC. Dated August 4, 2415 RTV #4840-1328-2571 v FIRST AMENDMENT TO AGREEMENT TO -PROVIDE SERVICES This First Amendment to Agreement to Provide Services ("First Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and SOUTHLAND TRANSIT, INC., a corporation ("Service Provider"), as follows: RECITALS A. City and Consultant entered in an Agreement to Provide Services on May 6, 2014 ("Agreement"). The Agreement provides that Consultant will provide complete Dial -A - Ride transportation services for, and on behalf of, City. B. Section 4 (a) of the Agreement provides that City agrees to pay Service Provider the amounts specified in Exhibit "B" "Compensation". The total compensation, including reimbursement for actual expenses, shall not exceed one million, two hundred ninety thousand, seven hundred and five dollars ($1,290,705) over three years (i.e. $418,706, $429,876, and $442,123 for years one, two and three respectively), unless additional compensation is approved in writing by the City Council or City Manager C. This First Amendment amends Section 4 (a) to provide that the total compensation for year two will increase by $11,030 for a total of $440,906 and year three will increase $11,340 for a total of $453,463. D. The weekend hours of operation for the Dial -A -Ride program will be changed from the current 9 a.m. -- 5 p.m. on Saturday and Sunday to 9 a.m. — 7 p.m. on Saturday and 8.30 a.m. 6:30 p.m. on Sunday. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 COMPENSATION AND METHOD OF PAYMENT. Section 4 (a) of the Agreement is hereby amended as follows: Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement. The total compensation, including reimbursement for actual expenses shall not exceed one million, three hundred thirteen thousand, seventy five dollars ($1,313,075) over three years (i.e. $418,706, $440,906, and $453,463) for years one, two and three respectively), unless additional compensation is approved in writing by the City Council or City Manager. RCV 44840-1328-2571 v1 -2- 1.2 EXHIBIT "B".COMPENSATION. Exhibit "B" of the Agreement is hereby amended as follows: II. The City shall pay Service Provider to perform the services provided for herein* as follows: Year 1 $51.63 per hour not to exceed $416,125 per year Additional services as required by City, up to 50 hours per year, shall be provided at a rate of: $51.63 per hour not to exceed $2,581 per year Year 2 $53.01 per hour not to exceed $438,256 per year Additional services as required by City, up to 50 hours per year, shall be provided at a rate of: $53.01 per hour not to exceed $2,650 per year Year 3 $54.52 per hour not to exceed $450,737 per year Additional services as required by City, up to 50 hours per year, shall be provided at a rate of: $54.52 per hour not to exceed $ 2,726 per year The total compensation for Services shall not exceed $1,313,075 over three years (i.e., $418,706, $440,906, and $453,463 for years one, two and three respectively), as provided in Section 4 of this Agreement. 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged, Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This First Amendment consists of pages 1 through 4 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. 2.3 Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate RIV #4840-1328-2571 0 -3- authorities of the City and Consultant. The term of this Agreement is effective as of 2015 and shall remain in full force and effect until June 30, 2017. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. CITY: THE CITY OF TEMPLE CITY ATTEST: PecxylliClerk Date: & / 18,1291, CONSULTANT: i By: Name: P14" I VoSU� Title: �% / (jr) By: Bryan Cook, City Manager APPROVED AS TO FORM C4� Eric S. Vail,7itrAttomey B�/1A,IY�_9-0 K Name: Ijyl_ ��/1(�.1rl _R //�� Title: l�-epera( 1 im'n%1P RFV #4940-1328-2571 vi -4-