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SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO THE AGREEMENT for Services (Second Amendment) is made and entered into, effective __________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and WeDriveU, Inc. dba National Express Transit Corporation (f/k/a National Express Transit Corporation) (Contractor).
The City and Contractor are collectively referred to as the Parties in this Second Amendment.
RECITALS
WHEREAS, the Parties entered into a three-year Agreement with the option of four one-year extensions effective November 3, 2020 (Agreement) for ADA Paratransit Services (Project); and
WHEREAS, the Parties entered into a First Amendment, dated June 10, 2025, to acknowledge the contractor’s legal entity name change and restructuring. The entities have additionally changed the contractor’s Tax ID from FEIN 45-3676604 to FEIN 94- 3073200 along with a change of address from 62807 Collections Center Drive Chicago, IL 60693 to 121 2nd St., Suite 300, San Francisco, CA 94105; and WHEREAS, the Parties now desire to enter into this Second Amendment for an increased monetary consideration not to exceed $32,000,000 for a total contract value not to exceed $57,183,393.52 for the life of the Agreement, expiring November 3, 2027; and WHEREAS, by entry into this Second Amendment, Contractor agrees it has no claim, demand, or dispute with the City.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree that the aforesaid Agreement be amended as follows:
1. Contractor’s sole compensation for satisfactory performance for all services required pursuant to this Second Amendment shall be for an increased monetary consideration not to exceed $32,000,000 for a total contract value not to exceed $57,183,393.52 for the life of the Agreement, expiring November 3, 2027.
2. In the event of any conflict between the body of this Second Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this Second Amendment shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the Parties, provided for within the body of this Second Amendment, shall be null and void.
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3. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the First Amendment, dated June 10, 2025, and the Agreement, dated November 3, 2020, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Melissa Perales Date
Purchasing Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Wharton Date
Deputy City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
By:
Deputy Date
WeDriveU, Inc. dba National Express
Transit Corporation
By:
Eric Van Wagenen
Chief Executive Officer
By:
Samuel Marshall
Chief Financial Officer
CITY:
City of Fresno
Attention: Sharlee Flores
Senior Management Analyst
Address: 2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-1481
E-mail: [email protected]
CONTRACTOR:
WeDriveU, Inc. dba National Express
Transit Corporation
Attention: Shauna Feil
Address: 121 2nd Street, Suite 300
San Francisco, CA 94105
Phone: (650) 597-9642
E-mail: [email protected]
Attachments:
1. Original Services Agreement
2. First Amendment
-XQH
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