R2024-370 Resolution for Third Transit Management and Operations Agreement Amendment with MV Transportation, Inc.

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THIRD AMENDMENT TO THE AGREEMENT FOR MANAGEMENT AND OPERATION OF CITY OF DECATUR,ILLINOIS PUBLIC TRANSPORTATION SERVICES This THIRD AMENDMENT to the AGREEMENT FOR MANAGEMENT AND OPERATION OF CITY OF DECATUR, ILLINOIS PUBLIC TRANSPORTATION SERVICES (this "THIRD AMENDMENT") entered into this 16th day of December, 2024,but effective as of November 1, 2024 (the "Effective Date") is by and between the City of Decatur of the State of Illinois ("CITY") and MV Public Transportation, Inc.,a California corporation("CONTACTOR" and collectively with CITY, the"PARTIES"). RECITALS A. The PARTIES have entered into an AGREEMENT FOR MANAGEMENT AND OPERATION OF CITY OF DECATUR,ILLINOIS PUBLIC TRANSPORTATION SERVICES, dated January 20, 2021, (as previously amended, the "AGREEMENT"), pursuant to which CONTACTOR provides transportation services to the CITY; and B. The PARTIES desire to amend the AGREEMENT as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, representations, and warranties contained in this THIRD AMENDMENT, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged,the PARTIES agree that the AGREEMENT shall be and hereby are amended, as follows: 1. Definitions. Capitalized terms used and not defined in this THIRD AMENDMENT have the respective meanings assigned to them in the AGREEMENT. 2. Compensation. Appendix D—Compensation of the AGREEMENT is amended to revise the Contractors rates as set forth in Exhibit A attached hereto. 3. Ratification; No Waiver. Except as expressly modified hereby, the AGREEMENT and all documents,instruments, and agreements related thereto are hereby ratified and confirmed in all respects and shall continue in full force and effect. The execution, delivery, and effectiveness of this THIRD AMENDMENT shall not operate as a waiver of any right,power, or remedy of either Party hereto under the AGREEMENT, nor constitute a waiver of any provision of the AGREEMENT. All references in the AGREEMENT and any related documents,instruments,and agreements shall hereafter refer to the AGREEMENT as modified hereby. 4. Authority. Each Party hereto represents and warrants that the execution and delivery by such Party of this THIRD AMENDMENT and the performance by such Party of all of its agreements and obligations under the Agreement as modified hereby are within the organizational authority of such Party and have been duly authorized by all necessary organizational action on the part of such Party.