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HomeMy WebLinkAboutAgreement A-24-158 Third Amendment to Agreement with PARC.pdf 23-1430 Agreement No. 24-158 1 AMENDMENT III TO AGREEMENT 2 3 This Amendment No. 3 to Service Agreement ("Amendment No. 3") is dated April 9 2024 and is 4 between Professional Asbestos Removal Corporation, dba PARC Environmental, a California 5 corporation, whose address is 2864 E. Dorothy Ave. Fresno, CA 93706 ("Contractor"), and the County 6 of Fresno, a political subdivision of the State of California ("County"). 7 8 Recitals 9� 10 A. On February 25, 2020, the County and the Contractor entered into Agreement number 20-085 11 ("Agreement')to provide services for asbestos and lead paint abatement, hazardous waste 12 pickup and disposal, and removal and disposal of debris associated with homeless 13 encampments, and emergency response services. it 14 B. On July 12, 2022, the County and the Contractor entered into Amendment I to the Agreement, 15 Agreement number 22-303, ("Amendment No. 1") to add additional funding for these services 16 and increased the Agreement total compensation amount to $1,200,000. 17 C. On October 25, 2022, the County and the Contractor entered into Amendment II to the 18 Agreement, Agreement number 22-496, (Amendment No. 2")to add additional funding for these 19 services and to clean up third-party properties pursuant to certain Notices and Orders to Abate 20 Public Nuisances issued by COUNTY, increasing the Agreement total compensation to 21 $2,100,000. 22 D Since Amendment No. 2 was executed, the County has not performed Abatement Services on 23 private properties in conjunction with issued Notices and Orders to Abate Public Nuisances, as 24 added by Amendment No. 2. 25 E. The Agreement needs to be updated to reflect that the funds previously designated for 26 Abatement Services should be moved to be designated to the County Administrative Office. 27 F. The County also needs to further increase funding designated in the Agreement to the County 28 Administrative Office by $500,000. X Agreement No. 24-158 1 The parties therefore agree as follows: 2 1. Section 4 of the Agreement, page 8, line 8, through page 9, line 4, is deleted and replaced as 3 follows: 4 "A. SERVICES—The COUNTY shall only provide compensation and payment to 5 CONTRACTOR for work authorized by the COUNTY. COUNTY agrees to pay 6 CONTRACTOR and CONTRACTOR agrees to receive compensation in accordance 7 with CONTRACTOR's respective rates provided in Attachment A. All rates listed in 8 Attachment A are valid for the Term of this Agreement. All rates listed in Attachment A 9 are "fully loaded," as they include all direct and indirect costs and fees or profit as well as 10 ancillary materials not described in Attachment A. CONTRACTOR shall not undertake 11 any services without the advance written authorization of the COUNTY. If the COUNTY 12 requests a service not specified in Attachment A, then such services will be negotiated 13 between the COUNTY and the CONTRACTOR and shall be based on prices similar to r 14 those outlined in Attachment A. 15 B. In no event shall compensation paid for services provided to the following 16 departments of the COUNTY under this Agreement exceed the following amounts during 17 the potential maximum five (5) year and four(4) month term: Department of Public 18 Works and Planning compensation for services shall not exceed nine hundred thousand 19 dollars ($900,000), compensation paid for services provided to the Department of Public 20 Health shall not exceed fifty thousand dollars ($50,000), and the compensation paid for 21 services provided to the County Administrative Office shall not exceed one million, six 22 hundred fifty thousand dollars ($1,650,000). 23 C. AGREEMENT MAXIMUM — In no event shall the total compensation paid to 24 CONTRACTOR during the entire potential five (5) year and four(4) month term of this 25 Agreement for Routine, Emergency Response, Abatement, and Callback Services 26 exceed two million, six hundred thousand dollars ($2,600,000)." 27 2. This Amendment No. 3 may be signed in counterparts, each of which is an original, and all of 28 which together constitute this Amendment No. 3. x Agreement No. 24-158 1 3. The Contractor represents and warrants to the County that: 2 a. The Contractor is duly authorized and empowered to sign and perform its obligations 3 under this Amendment No. 3. 4 b. The individual signing this Amendment No. 3 on behalf of the Contractor is duly 5 authorized to do so and his or her signature on this Amendment No. 3 legally binds the 6 Contractor to the terms of this Amendment. 7 4. The Agreement as amended by this Amendment No. 3 is ratified and continued. All provisions 8 of the Agreement and not amended by this Amendment No. 3 remain in full force and effect. 91 (SIGNATURE PAGE FOLLOWS] 10 11 12 13 r 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement No. 24-158 1 2 IN WITNESS WHEREOF, the parties have executed this Amendment No. 3 on the date 3 set forth above. 4 5 CONTRACTOR COUNTY OFFRESNO Professional Asbestos Removal Corp. 6 DBA: PARC Environmental 8 Jeffrey Davis, Hazmat Divisio anager Nathan Magsig Chairman of the Board of 9 \ — Supervisors of the County of Fresno 10 ason MW ina, CEO 11 ATTEST: Bemice E. Seidel 12 Clerk of the Board of Supervisors 2864 E. Dorothy Avenue County of Fresno, State of California 13 Fresno, CA 93706 By 14 Deputy 15 16 17 18 19 20 21 22 FOR ACCOUNTING USE ONLY 23 ORG Nos. 4510, 2540, 5620 24 Account Nos. 7295, 7490 Fund Nos. 0010, 0001 25 Subclass Nos. 11000, 10000 26 27 28