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HomeMy WebLinkAboutCircuit Transit, Inc. - FRANC Electric Vehicle On-Demand Shuttle Service - 2026W ' Docusign Envelope ID359B8B03-528F-4E4B-8AA5-001E1A4FE9A5 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CIRCUIT TRANSIT INC. THIS FIRST AMENDMENT ("Amendment") is entered into this I" day of March, 2026 ("Effective Date"), by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CIRCUIT TRANSIT INC., a Florida corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and CONTRACTOR entered into an agreement, dated June 28, 2023, for the term of June 28, 2023 through June 28, 2026 (the "Agreement"), wherein the CONTRACTOR agreed to provide specialized services to operate clean mobility vehicles to comply with the Clean Mobility Options ("CMO") Voucher Program for the Free Ride Around National City ("FRANC") Electric Vehicle On -Demand Shuttle Service for a not -to -exceed amount of $2 million, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and WHEREAS, based on the CONTRACTOR's performance and quality of work, and to ensure continued operation of the FRANC, the CITY desires to have the CONTRACTOR continue providing specialized services to comply with the CMO Voucher Program for the CITY, and the CONTRACTOR is willing to perform such services; and WHEREAS, the CITY has acquired a third electric vehicle and desires to place said vehicle into service for the FRANC, in addition to the two vehicles currently under the Agreement; and WHEREAS, the parties desire to amend the Agreement by exercising the first of two (2) extensions to extend the term of the Agreement to September 3, 2027; to approve an assignment for CONTRACTOR's right to payments; and to add operation of the CITY -owned vehicle for the FRANC, as more specifically set forth below. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The June 28, 2023 Agreement, in exercise of the extension provision, is hereby amended to extend the term of the Agreement through September 3, 2027. The parties agree that said extension shall constitute the first of the two (2) extensions under Section 2, Effective Date and Length of Agreement-- notwithstanding that it exceeds one (1) year -- to align with and ensure continuity of service through the term of the CMO Voucher Program. 2. Pursuant to Section 24(G), Assignment & Assumption of Rights, CITY hereby consents to CONTRACTOR's assignment of its rights to receive payments or accounts receivable due under the Agreement to Silicon Valley Bank, a division of First -Citizens Bank & Trust Company Docutign Envelope ID: 359B8B03-528F-4E4B-8AA5-001E1A4FE9A5 ("SVB"), in connection with a revolving line of credit or other financing facility. Such assignment shall be strictly limited to CONTRACTOR's rights to payment and shall not modify any other rights or obligations under the Agreement, but shall be subject to assignee assuming all obligations of CONTRACTOR under this Agreement related to the rights assigned. 3. Exhibit "B" to the Agreement, titled Scope of Work, is hereby amended and replaced with Exhibit "B" attached to this First Amendment. 4. Exhibit "C" to the Agreement, titled Pricing Allocation, is hereby amended to add and include: Total Estimated Annual Cost for Year 3 Services: $398,125.44 Total Estimated Annual Cost for Year 4 Services: $474,668.04 Estimated Payment Schedule: Product Date Amowit Product Date Amount Month 25 Service Sept-25 $26,237.79 Month 37 Service Sept-26 $39,555.67 Month 26 Service Oct-25 $26,237.79 Month 38 Service Oct-26 $39,555.67 Month 27 Service Nov-25 $26,237.79 Month 39 Service Nov-26 $39,555.67 Month 28 Service Dec-25 $26,237.79 Month 40 Service Dec-26 $39,555.67 Month 29 Service Jan-26 $26,237.79 Month 41 Service Jan-27 $39,555.67 Month 30 Service Feb-26 $26,237.79 Month 42 Service Feb-27 $39,555.67 Month 31 Service Mar-26 $40,116.45 Month 43 Service Mar-27 $39,555.67 Month 32 Service Apr-26 $40,116.45 Month 44 Service Apr-27 $39,555.67 Month 33 Service May-26 $40,116.45 Month 45 Service May-27 $39,555.67 Month 34 Service Jun-26 $40,116.45 Month 46 Service Jun-27 $39,555.67 Month 35 Service Jul-26 $40,116.45 Month 47 Service Jul-27 $39,555.67 Month 36 Service Aug-26 $40,116.45 Month 48 Service Aug-27 $39,555.67 Year 3 Total $398,125.44 Year 4 Total $474,668.04 5. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the June 28, 2023 Agreement shall remain in full force and effect. - Signature Page Follows - Docutign Envelope ID: 359B8B03-528F-4E4B-8AA5-001E1A4FE9A5 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Name: Ron Morrison Title: Mayor Date:.? u ,X-6/ APPROVED AS TO FORM: By: )A,O-,,,,-/ Name. eidi Skinner Title: Interim City Attorney Date: CIRCUIT TRANSIT INC. DxuSignsd by: Ca -s' Ny1rA,S By: 75FDF23c08048F Name: James Mirras Title: COO / Co -Founder 3/19/2026 Date: