FIRST AMENDMENT TO PRICING AGREEMENT NO. 2021-48A
This First Amendment to Pricing Agreement 2021-48 (First Amendment) is entered into between the City of Camarillo, a California general law and municipal corporation (City), and JCI Jones Chemicals, Inc. a New York corporation, (JCI) collectively referred to as the “Parties”. The effective date of this First Amendment is September 1, 2021.
R E C I T A L S
A. On, June 9, 2021, the City Council approved a Pricing Agreement with JCI for the purchase of Sodium Hypochlorite (Product). 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. The parties desire to modify the Pricing in accordance with section 3 of the Agreement.
C. City’s decision to utilize JCI’s Product is dependent in part on the City’s ability to obtain such Product at a fixed or stable price over a defined period.
D. In order to obtain or potentially obtain business from City, JCI is willing to offer the City such Product 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 $1.22 per gallon to $1.33 per gallon plus 2.1% mill assessment as shown in attached Exhibit A.
2. Term. The term of this First Amendment is September 1, 2021, through June 30, 2024. By mutual consent of City and the JCI, the period may be extended one (1) additional year. Vendor may submit a request for adjustment to compensation for cost-of-living increase each year based on the February Consumer Price Index for All Urban Consumers (CPI-U) Los Angeles. The request for increase must be submitted to the Water Superintendent by April 30th of each year and such increase shall not become effective until the anniversary date of Agreement.
3. General Provisions. This First Amendment constitutes the entire understanding between the Parties with respect to the subject matter of this First Amendment. This First Amendment may not be amended except by written document signed by all Parties. This First Amendment is governed by and enforceable in accordance with California law.
[Signatures on following page.]
CC Agreement 2021-48A
IN WITNESS WHEREOF, the Parties have caused this First Amendment 2021-48A to be executed by their authorized agents as follows.
CITY OF CAMARILLO
Greg Ramirez, City Manager
ATTEST:
Jeffrie Madland, City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
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: 5/31/2022
CC Agreement 2021-48A
August 24, 2021
PLEASE SIGN AND RETURN BY 8/27/21
TO AVOID POSSIBLE SHIPMENT DELAYS
City of Camarillo
PO Box 248
Camarillo, CA 93011
Dear Customer:
Raw material cost increases were recently issued by the Producers of chlorine and sodium hydroxide (caustic soda). These materials are also used to manufacture sodium hypochlorite (bleach) and sodium bisulfite. It is necessary for us to pass those increases on to our customers.
Effective September 1st 2021 your sodium hypochlorite price must increase from $1.22 per gallon to $1.33 per gallon. All other terms & conditions will remain the same.
Please know that while we do everything in our power to keep increases to a minimum, we have no control over Producer operations or raw material cost increases.
Please also note that supply remains tight- we will do our best to maintain service of your full requirements.
Thank you for your cooperation and understanding.
Sincerely,
JCI Jones Chemicals, Inc
JCI Jones Chemicals, Inc
1765 Ringling Blvd
Sarasota, FL 34236
Please sign below and return via email to [email protected] or return via fax to (310) 523-2944.
Accepted by: ___________________________________________ Date: _______________
EXHIBIT A
CC Agreement 2021-48A