R2019-193 Resolution Amending Mass Transit Management Agreement with MV Transportation, Inc.

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The General Manager will provide active management of Contractor's operations and meet regularly with the City. The General Manager will be expected to be on premises for any audits or transit business which may require his or her presence. The General Manager shall notify the City of any scheduled time off. Contractor will share with City the General Manager's allotted time off each year, including vacation, sick leave, and any personal time off. c. Section 6 ADVISORY AND TECHNICAL ASSISTANCE is hereby deleted in its entirety and replaced with the following: Section 6. Reserved. d. Section 7 COMPENSATION is hereby deleted in its entirety and replaced with the following: Section 7. COMPENSATION. A. CITY Agency shall pay CONTRACTOR for services performed in accordance with the Agreement at the rates set forth on Appendix D. B. In addition to the compensation set forth on Appendix D,the CITY shall pay to CONTRACTOR an amount equal to all vacation time, sick time, PTO, and incentive pay accrued (as of December 31, 2019) by all employees of the Transit System. The CITY shall pay the foregoing amount on or before March 31, 2020, subject to the conditions below. CONTRACTOR shall be responsible for all vacation time, sick time, PTO, and incentive pay beginning January 1, 2020. CONTRACTOR indemnifies and holds the City harmless against any claims or disputes regarding accrual or payment of these benefits to MV employees, and; shall provide the City with all requested documentation supporting its claim for these payments, and; shall provide the City an accounting of payments made to its employees, and agrees that any monies not paid to employees by January 31, 2021 shall be returned to the City, within 60 days. C. CITY and CONTRACTOR shall negotiate in good faith equitable adjustments to the rates set forth on Appendix D if Contractor's operating costs increase or expected revenue decreases as a result of any of the following events: (i)the volume of services to be performed by Contractor increases or decreases by more than fifteen percent(15%) from the level estimated in this Agreement or on the price pages; (ii) CITY requests a change to the scope of services detailed in Appendix C of this Agreement to be provided by CONTRACTOR; (iii)there is an unanticipated increase in the city, county, state, or federal minimum wage that requires CONTRACTOR to increase the wages paid to its employees and/or negatively impacts CONTRACTOR'S ability to recruit and retain qualified employees for the performance of this Agreement; or(iv) a