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, <br /> � �, <br /> AMENDMENT TO THE <br /> TRANSIT SYSTEM MANAGEMENT AGREEMENT <br /> This Amendment to the Agreement is made and entered into by and between the City of Decatur <br /> of the State of Illinois (hereinafter referred to as the "CITY"), and First Transit, Inc.', a Delaware <br /> corporation (hereinafter refened to as "FTRST TRANSIT"). <br /> WHEREAS the CITY and Progressive Transportation Services, Inc., entered into a transit system <br /> management agreement, executed on November 10, 1999,with an expiration date of June 30, <br /> 2004 (including the three option years exercised by the CITY); and <br /> WHEREAS all rights, title and interest in the Agreement between the CITI'and Progressive <br />� Transportation Services, Inc., were assigned to FIRST TRANSTT, at the request of Progressive <br /> Transportation Services, Inc., by action of the Decatur City Council on June 16, 2003; and <br /> WHEREAS the CITY has requested a contract extension to allow the CITY time to examine <br /> employment issues that are central to the transit system management contract; <br /> NOW THEREFORE, for and in consideration of the promises, covenants, agreements and <br /> conditions hereinafter set forth to be performed, kept and met by the respective parties hereto, <br /> this Amendment to the Agreement is made by and between the CITI' and FIRST TRANSIT as <br /> follows: <br /> Section 3. of the Agreement shall be amended as follows: <br /> 3. Commencement and Term <br /> This Agreement shall be effective as of December 1, 1999, and shall remain in effect <br /> for the period ending at 11:59 p.m. on September 30, 2004. <br /> Section 6. of the�sgreernent shall b� amended as fo?lews: <br /> 6. Compensation/Reimbursements <br /> a. CITY agrees to pay to FIRST TRANSIT as compensation for FIRST TRANSIT's <br /> management services rendered during the remaining term of this Agreement the <br /> sum of$7,850.00 per month. <br /> b. CITY shall make total payments to FIRST TRANSIT on or before the 10`h day <br /> following receipt of the invoice therefor. In the event this Agreement becomes <br /> effective or terminates other than on the first or last day of a calendar month, the <br /> fee due to FIRST TRANSIT shall be prorated on a daily basis. <br /> 1 The parties understand and agree that the term FIRST TRANSIT,as refened to herein,shall include the <br /> subcorporation formed pursuant to paragraph 5,if any,and all terms and conditions,rights owed to or <br /> duties required by FIRST TRANSIT pursuant to this Agreement shall likewise apply to the subcorporation. <br /> - 1 - <br />