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Home My WebLink AboutFIRST AMENDMENT MOBILITY TRANSIT SERVICES LLC TRANSIT MANAGEMENT AGREEMENT BETWEEN AUGUSTA, GE4R�IA AND MUBILITY Ti2ANSIT SERVICES, LLC DATED: 3UNE 3�, 2011 FIRST AMENDMENT to the Transit Managennent Agreement (hereinafter referred to as the "Agreernent"} between AUGUSTA, GEORGIA, as a politicat subdivision of the State of Geargia (hereinafter referred to as "Augusta, Geargia"), and MOBILITY TRANSIT SERVICES, LLC, a Florida Limited Liability Company qualified to do business in the State of Georgia (hereinafter referred ta as "Mobility"}, entered into on this .,� day of�201 l. WHEREAS, the Parties agree ta the following terms and conditions and expressly agree that if any of the following terms and conditions conflict with any of the terms and conditions of the Agreemen�, then, notwit�standing any term in the Agzeement, the following terms and conditions gavern and contral the rights and obligations of the parties. NOW, THEREF4RE, in cansideration of the Parties agreeing to amend their obligations in the existing Agreement, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, both Parties agree to amend the Agreement as follows: 1. SECTIQN 1.1Q PAYMENT FOR FIXED ROUTE, PAR.ATR.ANSIT SERVICES, AND RUR.AL SERVICE of the Agreement is deleted in its entirety and replaced with the following: Mobility shali submit a monthly invoice by the S calendar day of the month following each month of service during the term of this Agreement. The invoice shali be in accordance with the actual number af revenue hours times the agreed to revenue hour rate for each service type. The terms af payment shall include an interim progess payment consisting af forty (40%) of the estimated monthly invoice. Mobility will at the start of the contract year send the Contract Administrator the monthly estirnated invoices for that year. The actual payment date will be in accordance with Augusta, Georgia's bi- weelcly check writing schedule. Each monthly invoice will include an adjustment for the interirn progress payment made during the month for which the service is being invoiced. Revenue hours will be as defined in the Agreement. If Revenue Hours increase or decrease by mare than 10%, an equitable adjustment may be made to the service hourly rate. Additionally, if changes in scheduled service resuit in increases ar decreases in fixed costs, an equitable adjustment may be made. 1 2. EXHIBIT A SECTION 1 PART J af the Operations and Maintenance of Augusta Public Transit — Scope �f Work is deleted in its entirety and replaced with the following: Augusta, Georgia will pravide fuel for APT revenue vehicles. Augusta, Gecsrgia wi11 outline alt operating, administrative, and accounting procedures that Mability must follaw in connection with fueling operations. Mobility shall pay for the fuel used for contractor suppart vehicles, i.e. supervisor's vehicles. Contractor Respansibilities: • Mobility shall be responsible far ordering the fuel by any method approved by Augusta, Georgia. Fuel shall be ordered in full tanker loads to rninimize the per unit fuel price under the current Contract far Fuel, Invoices will be sent to Augusta, Georgia for payment. • Monitor the level of fuel supply and timely order fuel under Augusta, Geargia's authorization for Contract fuel purchases, to keep all Revenue Vehicles in full operation; • Fuet usage reports shall be submitted by Mobility to Augusta, Georgia on a daily and monthly basis. • Mobility will eliminate all fuel costs from their budget. 3. All other terms of the Agreement remain in effect. This Agreement Arnendment is not effective untii fully executed by all parties. [THIS SPACE INTENTI4NALLY LEFT BLANK] [SIGNATURE LINES ON NEXT PAGE] 2 IN �VITNESS �VHEItE4F, the parties have executed this Agreement under seat as af the date first written above. AUGUSTA, GEORGIA ,. :: . /,q . _ . .. . i4Y,4j .. . ,IJ}I� �v.�- " _ �+„' � ~ t -� 0. . +'.��k�� Deke S. Copenhaver, Mayor �sE��:} . �� ,�� g � �j �� F Y -� . G�� r '�� - s � � � � . e%�` '�� 'Z� !11 � �a� .��o� � v ' � � � 7 6 �� • � � C�8 `�C Of C�Hat�Ss� -� . . . . . ; . �`�� G��.�� ' 1VI(JBILITY TRANSIT SERVICES, LLC . (SEAL) By:_�5� - .��- Kevin J. Adam , Attest: 1'resident & CE(�; Managing Member �' r � >�' � � � ,'. ��a.. '� ...T �� 3 �'`:��-..�, Qffice of the Administrator ,,,- - , �=�� :L � . G� �` �$� 4 �-�-* -=��_�+ Frederick L. Russelt, Adrninistrator Kaom 801 - Municipat Bui(ding ��s� r.�'"� 53 Q Greerie Strect - AUGUSI"A, GA. 30901 Tameka Allen, DeputyAdmmistratar {706) 821-�4t�(� - FAX (706} 821-2819 Witliam P. Shanaliati, DeputyAdministrator www.angustaga.gov August 2 zosz Mr. Andrew Matkenzie Genera{ Caunsal 50x �reene Street Augusta, GA 34901 Dear Andrew: The Augusta-REchmond Gounty Commission, at thelr regular meeting held an Tuesday, August 2, 2011 taok actton on the follow[ng Items. 3. A' � c�;f� �#i��r :'��'��! a`�e ��, FfN�'�� j r ' �!°�` � il4'�f* �y ',M.yy'��y�+� ti _ '�t .:. ��.a } r ' `� l4'�"�Jl,� . .l'�u ., ... r ,".,Tr� .....;�.. . . , .'.�� -p�,� 4. Approved tasking the Administrator and Law Department to worlc on developing a Comprehenstve No Srnoking OrdEnance for Rkhmond County and to schedule public hearings to receive public input. (Approved by Pubiic Services Committee luly 25, 2011} 5. Approved an drdinance to amend the Augusia, GA. Code Title Elght Chaptet One Article One Sectlons 8-1- 5 through 8-1-9 retating to the Cre�ttan and Outies of the Planning and Development department; to repeal all Code Sec#ions and Ordinances and part oF Code 5ectlons and Ordfnances in tonflict herewith; to provide an effective date and for other purposes. (Approved bythe Commissionluly 19, 2011- second readingj 20, Aostponed the mation ta approve an Ordinante to amend•the Augusta, GA Code Tide One Chapter Two Article 7hree Section i-2-36 relating ta th+e Dudes of the Administtator of Augusta, Georgia; to repeal all Code Sections and Ordlnances in confltct iterewith; to provide an effectnre date and for other purgoses. (No recommendation From Administrative Services CommitteeJuly 25, 2b11} 21. Postponed the motlon to approve an Ordinance to amend the Augusta, GA Code Title One Chapter Seven ARicle Four Settlaa 1-7-51 reEaGng to the adoption of Personne) Polic}es and Procedures of Augusta, Georgia; to modify Admlr►IstraLars Recommending Authority; to repeal all Code Sections and Ordinances and patts of Code Sections and OrdInances in canflict herewith; ta provide an effective date a�d for ocher purpases. (No recommendation from Adminfstrative Services CommitteeJu[y 25, 20i1) If you ave any questians, piease contact me. Yours ly, Tameka Alten Oeputy Adminfstrator 08-Q2-il: #3, #4, #5, #20, #21 BILITY �`��.�. �� 2 ��_�� August 11, 2011 Kenneth Bray Augusta, Georgia Legal Department 501 Greene St. Suite 302 Augusta, GA 30901 Reference: Transit Management Agreement between Augusta, Georgia and Mobility Subject: Transmittal of First Amendment w/ Kevin Adams Signature Dear Mr. Bray: In accordance with your instructions, please find enclosed two originals of the First Amendment executed by me. Thank you for the opportunity to provide Augusta, GA with our quality services. Sincerely, � , �- Kevin J Ada s President and CEO 1635 Meathe Drive, West Palm Beach, FL 33411 Cell: 865 803 3220 �`� � AUGUSTA LAW DEPARTMENT ��-� � �� /'� � , � ; �� A � MattAitken , , �` ANDREW G. MACKENZIE Corey 7ohnson �-"'""`� GENERAL COiJNSEL Jce Bowles Augusta Law Department Alvin Mason DAVID S. COPENHAVER B111 LOCkCtt Mayor WAYNE BROWN Joe Jackson Senior StaffAttorney Jerry Brigham Wayne Guilfoyle KENNETH S. BRAY J. R. Hatney JODY SMITHERMAN Grady Smith KAYLA COOPER JOE BOWLES StaffAttorneys FREDERICK L. RUSSELL Mayor Pro Tem Administrator MEMORANDUM OF TRANSMITTAL To: Deke Copenhaver, Mayor From: Andrew G. Mackenzie, General Counsel Date: August 15, 2011 Re: Transit Management Agreement between Augusta, Georgia and Mobility Transmittal of First Amendment w/Kevin Adam Signature. Enclosed please find the First Amendment w/Kevin Adams Signature. Please have the Mayor sign and initial each document where indicated. Once attested by Lena, please return ONE of the documents to the Law Department. I will forward the First Amendment to Kevin J. Adams, President and CEO. Should you need additional information please contact me at: (706) 842-5555. Thank you, Enc: 501 Greene Street, Suite 302 Augusta, Georgia 30901 (706) 842-5550 - Fax (706) 842-5556