1 Pinnacle Petroleum, Inc.
Amendment One
Rev. 05-20
AMENDMENT NUMBER ONE
TO AGREEMENT FOR UNLEADED FUEL SERVICES
WITH
PINNACLE PETROLEUM, INC.
THIS AMENDMENT NUMBER ONE (“Amendment”) is made and entered into this 21st day of June, 2022 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and PINNACLE PETROLEUM, INC., a California corporation (“Contractor”).
WHEREAS, City and Contractor entered into an agreement dated August 1, 2021 for Contractor to provide unleaded fuel services (the “Agreement”); and
WHEREAS, Section 4(b) of the Agre ement provides that Contractor ’s annual compensation shall not exceed Four Hundred Thousand Dollars ($400,000.00); and
WHEREAS, City desires to increase Contractor’s maximum annual compensation due to rising fuel costs.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Section 4(b) of the Agreement shall be amended to read as follows:
Article CC (Expenditure Limit) of the Ge neral Terms and Cond itions sh all be amended to read as follows: “Expenditure Limit: Contractor’s compensation for the period commencing August 1, 2021 and ending June 30, 2022 shall not exceed Five Hundred Twenty Thousand Dollars ($520,000.00) . Thereafter, Contractor’s annual compensation shall not exceed Eight Hundr ed Thous and Dollars ($800,000.00). Contractor shall notify the City in writing when the expenditures against the Contract reach 75 percent of the annual compensation limit on t he Contract. The City will not be responsible for any expenditure overruns and will not pay for work exceeding the annual compensation limit on the C ontract unless a change order to cover those costs has been issued.”
2. All terms not defined herein shall have the same meaning and use as set forth in the Agreement.
3. All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect.
4. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
[Signature page follows.]
ATTACHMENT 1
2 Pinnacle Petroleum, Inc.
Amendment One
Rev. 05-20
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first written above.
CITY OF COSTA MESA
________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager
CONTRACTOR
________________________________ Date: __________________________ Signature
________________________________
Name and Title
ATTEST:
________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
________________________________ Date: __________________________ Ruth Wang
Risk Management
ATTACHMENT 1
3 Pinnacle Petroleum, Inc.
Amendment One
Rev. 05-20
APPROVED AS TO CONTENT:
________________________________ Date: __________________________ Robert Ryan
Project Manager
DEPARTMENTAL APPROVAL:
________________________________ Date: __________________________ Raja Sethuraman
Public Services Director
APPROVED AS TO PURCHASING:
________________________________ Date: __________________________ Carol Molina
Finance Director
ATTACHMENT 1