CITY OF VENTURA
GENERAL SERVICES AGREEMENT
SECOND AMENDMENT TO GENERAL SERVICES AGREEMENT
NO. PW22-1064 BETWEEN THE CITY OF SAN BUENAVENTURA
AND MERRIMAC ENERGY GROUP, INC.
This Second Amendment ("Amendment") to General Services Agreement No. PW22-1064 ("Agreement) is made and entered, effective on June 30, 2024, by and between the CITY OF SAN BUENAVENTURA, a California charter law municipal corporation ("City"), and MERRIMAC ENERGY GROUP, INC., a corporation of the State of Massachusetts authorized to do business in California ("Contractor," collectively "Parties"). BA
WHEREAS, the Parties entered into the original General Services Agreement on or about June 23, 2022, where Contractor agreed to provide City with bulk fuel delivery services, in accordance with Request for Proposal No. P-130000664, for an initial term through June 30, 2023 with an option to extend up to four one-year terms in exchange for an annual payment amount of $784,640 for a total not to exceed amount of $3,923,200; and, WHEREAS, the City Council authorized the City Manager to execute amendments to extend the contract and modify the annual compensation payment by up to $50,000; and, WHEREAS, the Parties, through a First Amendment to the Agreement, exercised the option to extend the agreement through June 30, 2024, increased compensation for FY 2024 to $1,569,280 and replaced the Schedule of Compensation (Exhibit B-1); and, WHEREAS, the actual costs of the bulk fuel services for FY 2023 and FY 2024 total $1,999.161.38; and,
WHEREAS, the City increased the FY 2024 amount by $30,000 from the authorized contingency; and,
WHEREAS, the City desires to compensate Contractor for the bulk fuel services for FY 2023 and FY 2024; and,
WHEREAS, the Parties desire to extend the term of the Agreement for an additional year and the Parties agree to increase compensation for FY 2025 by $374,758.62, bringing the total compensation amount to $2,403,920.
NOW, THEREFORE, the Parties agree pursuant to Paragraph 18 of the Agreement, "MODIFICATION OF AGREEMENT," to the following amendments:
1. Section 4, "TERM OF AGREEMENT," is replaced in its entirety to read as follows:
"4. TERM OF AGREEMENT: From July 1, 2022 to June 30, 2025 CA-2126 1 of 2
Optional Extension (initial term, plus any option to extend shall not exceed a total of five years): The City, with consent of Contractor, shall have the option for two remaining one-year extensions, in accordance with the scope of work and general terms and conditions of the General Services Agreement. Any price increases or decreases shall be negotiated at the time of contract extension."
2. Section 5, "AGREEMENT AMOUNT," is hereby replaced in its entirety to read as follows:
"5. AGREEMENT AMOUNT: Not to exceed $2,403,920"
Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
IN WITNESS whereof, the Parties have executed this Second Amendment on the date last signed below.
MERRIMAC ENERGY GROUP, INC.
Mary Hazelriag May 21, 2024
By: Mary Hazelrigg (May 21, 2024 16.50 PDT)
Mary Hazelrigg Date
President
CITY OF SAN BUENAVENTURA
Bill Ayub May 21, 2024
By: Bill Ayub (May 21, 2024 20:02 PDT
Bill Ayub Date
City Manager
ATTEST:
Michelleen May 29, 2024
By: Michael MacDonald (May 29, 2024 18:15 PDT)
Michael B. MacDonald, CMC Date
City Clerk
APPROVED AS TO FORM
Miles Hogan, Acting City Attorney
By: Monica Medallog May 7, 2024
Monica I. De La Hoya Date
Assistant City Attorney
CA-2126 2 of 2