THIRD AMENDMENT TO PRICING AGREEMENT
CC AGREEMEMT 2021-48C
This Third Amendment to Agreement No. 2021-48 (Agreement) is entered into between the City of Camarillo, a California general law city and municipal corporation (City), and JCI Jones Chemicals, Inc. (JCI) a New York corporation, collectively referred to as the Parties. The effective date of this Third Amendment is July 1, 2024.
RECITALS
A. On June 9, 2021, the City Council approved a pricing agree ment with JCI for the purchase of Sodium Hyp
ochlorite (Product) at $1.22 per gallon. The Parties entered into a written agreement entitled Pricing Agreement, CP-2021-9, Sodium Hypochlorite (NaOCL), Pricing Agreement No. 2021-48 effective July 1, 2021, through June 30, 2024 (Agreement).
B.
On September 29, 2021, the City Council approved a First Amendmen t to the Agreement
with JCI to increase the price per gallon of the Product from $1.22 per gallon to $1.33 per gallon. The Parties entered into a written agreement entitled First Amendment to Pricing Agreement No. 2021-48A effective September 1, 2021, through June 30, 2024.
C.
On June 8, 2022, City Council approved a Second Amendment to the Agreement with JCI to increase the price per gallon of the Product from $1.33 per gallon to $2.12 per gallon.
The Parties entered into a written agreement entitled Second Amendment to Pricing Agreement No. 2021-48B effective July 1, 2022, through June 30, 2024.
D.
On July 1, 2023, JCI received a CPI increase to the price per gallon of the Product.
The price of
the Product increased from $2.12 per gallon to $2.1544 per gallon.
E.
All capitalized terms not defined in this Amendment have the meaning set forth in the Agreement.
F.
The parties desire to extend the term in accordance with section 2 of the Agreement.
G. City’s decision to utilize Product is dependent in part on the City’s ability to obtain such Product at a fixed or stable price over a defined period.
H.
In order to obtain or potentially obtain business from City, JCI is willing to offer the City such Pr
oduct at a fixed or stable price over the term of this Agreement. JCI acknowledges that this Agreement does not require City to purchase such Product from JCI in any particular amounts, or at any particular time, or at all during the term of this Agreement.
NOW, THEREFORE, in consideration of the recitals and mutual covenants and conditions contained in this Agreement, the Parties agree as follows:
1. Pricing. The pricing of Product will change from $2.1544 per gallon to $2.2276 per gallon plus
2.1% mill assessment as shown in attached Exhibit A.
2. Term. The term of this Third Amendment is for one-year, effective July 1, 2024, through June 30, 2025.
3. General Provisions. This Third Amendment constitutes the entire understanding between the Parties with respect to the subject matter of this Third Amendment. This Third Amendment may not be amended except by written document signed by all Parties. This Third Amendment is governed by and enforceable in accordance with California law.
THE A
UTHORIZED REPRESENTATIVES of the Parties have caused this Third Amendment, Agreement No. 2021-48C, to be executed as of the Effective Date above.
CITY OF CAMARILLO
Greg Ramirez, City Manager
ATTEST:
Kristen Buxkemper, City Clerk
JCI JONES CHEMICALS, INC. a NEW YORK corporation
Tim Ross, Vice President West Coast/Branch Manager
Cris Blomgren, Sales Coordinator/Office Manger
Camarillo Business Tax Certificate Number: 039058 Expiration Date:5/31/2024
EXHIBIT A
CC Agreement No. 2021-48C