AMENDMENT NO. 2 TO
BULK FUEL SERVICES AGREEMENT
PROVISION OF BULK FUEL DELIVERY WITH
NICKEY PETROLEUM CO, INC.
This Amendment No. 2 ("Amendment") to Bulk Fuel Services Agreement is made and entered into effective the 6 ' day of June 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Nickey Petroleum Co, Inc, a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Bulk Fuel Services Agreement ("Agreement") effective February 18, 2014 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Agreement has been revised once previously, Amendment No. 2, became effective July 1, 2019.
(iii). The Parties now seek to amend the Agreement to increase the annual maximum not to exceed amount by $70,000 to account for flucation of fuel consumption and fuel prices during the contract term.
(iv). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 3, Paragraph B of the Agreement is hereby amended to read as follows:
3. Payment for Services. CITY shall pay CONSULTANT a maximum of $370,000 per year for the performance of the services. This sum shall cover the cost all staf time an all other direct and indirect costs for fees, including the work of employees, consultants, and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below.
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment No. 2 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between
the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 2 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
5. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 2 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 2 to the Bulk Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By: By:
John Kearns Damien R. Arrula
President City Administrator
ATTEST:
Robert S. McKinnell,
City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen
City Attorney