HomeMy WebLinkAboutAgreement A-24-031 Amendment I to Master Agreement No. 23-644.pdf 23-1393 Agreement No. 24-031
1 AMENDMENT NO. 1 TO MASTER AGREEMENT NO. 23-644
2
3 This Amendment No. 1 to Master Agreement ("Master Agreement") No. 23-644 is dated
4 January 9, 2024 and is between each Contractor (each hereinafter referred to as "Contractor"
5 and collectively as "Contractors") identified in Exhibit A to the Master Agreement, and the County of
6 Fresno, a political subdivision of the State of California ("County").
7 Recitals
8 A. On November 28, 2023, the County and Contractors entered into Master Agreement No. 23-
9 644 for non-hazardous roadside waste removal services.
10 B. The County later identified a need to increase the maximum compensation to allow for an
11 increased amount of waste to be removed throughout County unincorporated areas, County-
12 owned right of way, easements, and County-maintained roads.
13 C. The County and Contractors now desire to amend this Agreement to increase maximum
14 compensation.
15 The parties therefore agree as follows:
16 1. Article 3, Section 3.2 of the Agreement located at page four (4), beginning at line 26,
17 "Maximum Compensation", is deleted in its entirety and replaced with the following:
18 "3.2 Maximum Compensation. The maximum compensation payable to all
19 Contractors, in the aggregate, under this Amendment No. 1 to Master Agreement
20 No. 23-644 is One Million Dollars ($1,000,000) per year for the base term,
21 commencing as of the effective date, for the entire term of the Agreement. In the
22 event that an extension, as defined in section 4.2, "Extension", below, of the term
23 is granted for the first optional year, then the maximum compensation payable to
24 all Contractors, in the aggregate, under this Amendment No. 1 to Master
25 Agreement No. 23-644 for the base term plus the one year extension is Four Million
26 Dollars ($4,000,000). In the event that an extension, as defined in section 4.2,
27 "Extension", below, of the term is granted for the second optional year, then the
28 maximum compensation payable to all Contractors, in the aggregate, under this
1 Amendment No. 1 to Master Agreement No. 23-644for the base term plus the one
2 year and two year extensions is Five Million Dollars ($5,000,000). The Contractors
3 acknowledge that the County is a local government entity, and do so with notice
4 that the County's powers are limited by the California Constitution and by State
5 law, and with notice that the Contractors may receive compensation under this
6 Agreement only for non-hazardous waste removal services performed according
7 to the terms of Master Agreement No. 23-644 and while this Agreement is in effect,
8 and subject to the maximum amount payable under this section. The Contractors
9 further acknowledge that County employees have no authority to pay Contractors
10 except as expressly provided in this Amendment No. 1 to Master Agreement No.
11 23-644."
12 2. When both parties have signed this Amendment No. 1, Master Agreement No. 23-644 and
13 Amendment No. 1 together constitute the Agreement.
14 3. Contractors represent and warrant to the County that:
15 a. The Contractors are duly authorized and empowered to sign and perform their
16 obligations under this Amendment.
17 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
18 to do so and his or her signature on this Amendment legally binds the Contractor to
19 the terms of this Amendment.
20 4. The parties agree that this Amendment may be executed by electronic signature as provided
21 in this section.
22 a. An "electronic signature" means any symbol or process intended by an individual
23 signing this Amendment to represent their signature, including but not limited to (1) a
24 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
25 electronically scanned and transmitted (for example by PDF document) version of an
26 original handwritten signature.
27 b. Each electronic signature affixed to or attached to this Amendment is deemed
28 equivalent to a valid original handwritten signature of the person signing this
1 Amendment for all purposes, including but not limited to evidentiary proof in any
2 administrative or]udicial proceeding, and (2) has the same force and effect as the valid
3 original handwritten signature of that person.
4 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
5 subdivision 9b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
6 2, Title 2.5, beginning with section 1633.1).
7 d. Each party using a digital signature represents that it has undertaken and satisfied the
8 requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
9 through (5), and agrees that each other party may rely upon that representation.
10 e. This Amendment is not conditioned upon the parties conducting the transactions under
11 it by electronic means and either party may sign this Amendment with an original
12 handwritten signature.
13 5. This Amendment may be signed in counterparts, each of which is an original, and all of which
14 together constitute this Amendment.
15 6. The Master Agreement as amended by this Amendment No. 1 is ratified and continued. All
16 provisions of the Master Agreement and not amended by this Amendment No. 1 remain in full
17 force and effect.
18 [SIGNATURE PAGES FOLLOW]
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective
2 Date.
3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.
4
5
CONTRACTOR COUNTY OF FRESNO
6
7 �.
See Additional Signature Pages Attached
8 Nathan Magsig, Chairman of the Board
9 of Supervisors of the County of Fresno
10
11
12
ATTEST:
13 Bernice E. Seidel
14 Clerk of the Board of Supervisors County
of Fresno, State of California
15
16
By:
17 Deputy
18
19 For accounting use only:
20 Org No.: 2540, 1188, 4510
Account No.: 7295
21 Fund No.: 0001, 085, 0010
22 Subclass No.: 10000, 17408, 11000
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
2 CONTRACTOR:
3 Mid-Valley Disposal, Inc.
4
5 \ ��
6
Joseph Kalpakoff, President
7
3444 W Whitesbridge Ave
8 Fresno, CA 93706
9
10
COUNTY OF FRESNO
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12
13
14
15 Nathan Magsig, Chairman of the
16 Board of Supervisors of the County of Fresno
17 Attest:
18 Bernice E. Seidel
Clerk of the Board of Supervisors
19 County of Fresno, State of California
20
By:
21 Deputy
22
23
24
25 For accounting use only:
26 Org No.: 2540, 1188, 4510
Account No.: 7295
27 Fund No.: 0001, 085, 0010
Subclass No.: 10000, 17408, 11000
28
1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
2 CONTRACTOR:
3 Professional Asbestos Removal Corporation,
4 d.b.a. PARC Environmental
5
6 9te
7 Jeff bavis, Hazmat Division Manager
8 2864 East Dorothy Ave
Fresno, CA 93706
9
10 COUNTY OF FRESNO
11
12 Nathan Magsig, Chairman of the
13 Board of Supervisors of the County of Fresno
14
15 Attest:
Bernice E. Seidel
16 Clerk of the Board of Supervisors
17 County of Fresno, State of California
18 By:
19 Deputy
20
21 For accounting use only:
22 Org No.: 2540, 1188, 4510
23 Account No.: 7295
Fund No.: 0001, 085, 0010
24 Subclass No.: 10000, 17408, 11000
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26
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Mr. Clean Junk Removal
5
6 Brice Havens
7 Brice Havens, Owner
8 3507 Carmelita Ave
9 Clovis, CA 93619
10 COUNTY OF FRESNO
11
12
Nathan Magsig, Chairman of the
13 Board of Supervisors of the County of Fresno
14
15
Attest:
16 Bernice E. Seidel
Clerk of the Board of Supervisors
17 County of Fresno, State of California
18
19 By.
Deputy
20
21
For accounting use only:
22
Org No.: 2540, 1188, 4510
23 Account No.: 7295
24 Fund No.: 0001, 085, 0010
Subclass No.: 10000, 17408, 11000
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Junk King LLC
5
6
Wes Burgess, wner
7
8 2890 N Larkin Ave
Fresno, CA 93727
9
10 COUNTY OF FRESNO
11
12 Nathan Magsig, Chairman of the
13 Board of Supervisors of the County of Fresno
14
15
Attest:
16 Bernice E. Seidel
Clerk of the Board of Supervisors
17 County of Fresno, State of California
18
19 By:
Deputy
20
21
22 For accounting use only:
23 Org No.: 2540, 1188, 4510
Account No.: 7295
24 Fund No.: 0001, 085, 0010
Subclass No.: 10000, 17408, 11000
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Those Junk Movers
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6
��imentel,
Owner
7
8 742 Valencia Ave
Lemoore, CA 93245
9
10 COUNTY OF FRESNO
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12 Nathan Magsig, Chairman of the
13 Board of Supervisors of the County of Fresno
14
15 Attest:
Bernice E. Seidel
16 Clerk of the Board of Supervisors
17 County of Fresno, State of California
18 By:
19 Deputy
20
21 For accounting use only:
22 Org No.: 2540, 1188, 4510
23 Account No.: 7295
Fund No.: 0001, 085, 0010
24 Subclass No.: 10000, 17408, 11000
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26
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Loyalty Landscape and Hauling Services
5
6 da
Chris Toledo, Owner
7
8 2957 E El Paso
Fresno, CA 93720
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10 COUNTY OF FRESNO
11
12 Nathan Magsig, Chairman of the
13 Board of Supervisors of the County of Fresno
14 Attest:
Bernice E. Seidel
15 Clerk of the Board of Supervisors
County of Fresno, State of California
16
17 By.
18 Deputy
19
20 For accounting use only:
21 Org No.: 2540, 1188, 4510
Account No.: 7295
22 Fund No.: 0001, 085, 0010
23 Subclass No.: 10000, 17408, 11000
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Megster Disposal Service Inc., DBA 1-800-Got-Junk?
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6 JMe�w P&O,
Megan Palomo, Franchise Partner
7
8 1580 Menlo Suite B
Fresno, CA 93720
9 COUNTY OF FRESNO
10
11
Nathan Magsig, Chairman of the
12 Board of Supervisors of the County of Fresno
13
14
15 Attest:
Bernice E. Seidel
16 Clerk of the Board of Supervisors
County of Fresno, State of California
17
18 By.
19 Deputy
20
21 For accounting use only:
22 Org No.: 2540, 1188, 4510
23 Account No.: 7295
Fund No.: 0001, 085, 0010
24 Subclass No.: 10000, 17408, 11000
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Top Junk LLC
6
Jacob Espinoza, President
7
8 4051 N Valentine Ave
Fresno, CA 93722
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10 COUNTY OF FRESNO
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12 Nathan Magsig, Chairman of the
13 Board of Supervisors of the County of Fresno
14
15
Attest:
16 Bernice E. Seidel
Clerk of the Board of Supervisors
17 County of Fresno, State of California
18
19 By.
Deputy
20
21
22 For accounting use only:
23 Org No.: 2540, 1188, 4510
Account No.: 7295
24 Fund No.: 0001, 085, 0010
Subclass No.: 10000, 17408, 11000
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26
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Junk Masterz LLC
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6 �G
Jack Fi6fds, Owner
7
8 2570 S. Duke Ave
Fresno, CA 93727
9
10 COUNTY OF FRESNO
11
12 Nathan Magsig, Chairman of the
13 Board of Supervisors of the County of Fresno
14
15
Attest:
16 Bernice E. Seidel
Clerk of the Board of Supervisors
17 County of Fresno, State of California
18
19 By.
Deputy
20
21
22 For accounting use only:
23 Org No.: 2540, 1188, 4510
Account No.: 7295
24 Fund No.: 0001, 085, 0010
Subclass No.: 10000, 17408, 11000
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
2
CONTRACTOR:
3
4 John's Demolition&Clean Up Services
5
6 _
John o Owner
7
615 J'Street
8 Mendota, CA 93640
9 COUNTY OF FRESNO
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11
Nathan Magsig, Chairman of the
12 Board of Supervisors of the County of Fresno
13
14
Attest:
15 Bernice E.Seidel
Clerk of the Board of Supervisors
16 County of Fresno, State of California
17
18 By.
Deputy
19
20
For accounting use only:
21
Ora No.: 2540, 1188, 4510
22 Account No.: 7295
23 Fund No.: 0001, 085, 0010
Subclass No.: 10000, 17408, 11000
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