HomeMy WebLinkAboutAgreement A-24-459 Amendment II to Master Agreement No. 23-644.pdf 24-0 Agreement No. 24-459
1 AMENDMENT NO. 2 TO MASTER AGREEMENT NO. 23-644
2
3 This Amendment No. 2 to Master Agreement("Master Agreement") No. 23-644 is dated August 20,2024 and
4 is between each Contractor(each hereinafter referred to as"Contractor"and collectively as"Contractors")
5 identified in Exhibit A to the Master Agreement, and the County of Fresno, a political subdivision of the
6 State of California ("County").
7 Recitals
8 A. On November 28, 2023, the County and Contractors entered into Master Agreement No.
9 23-644 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-owned right
12 of way, easements, and County-maintained roads, and entered into Amendment 1 No. 24-031 on January
13 9, 2024.
14 C. The County again needs to increase the maximum compensation for said services.
15 D. The County and Contractors now desire to amend this Amendment to increase maximum
16 compensation.
17 The parties therefore agree as follows:
18 1. Article 3, Section 3.2 of the Agreement, as amended by Amendment 1, located at page one
19 (1), beginning at line 16 of Amendment 1, "Maximum Compensation", is deleted in its entirety
20 and replaced with the following:
21 "3.2 Maximum Compensation. The maximum compensation payable to all
22 Contractors, in the aggregate, under this Amendment No. 2 to Master Agreement
23 No. 23-644 is One Million Five Hundred Thousand Dollars ($1,500,000)for the first
24 term of November 28, 2023 through June 30, 2024, and One Million Five Hundred
25 Thousand Dollars ($1,500,000) per year for the remaining base term, commencing
26 as of the effective date, for the entire term of the Agreement. In the event that an
27 extension, as defined in section 4.2, "Extension", below, of the term is granted for
28 the first optional year, then the maximum compensation payable to all Contractors,
1 in the aggregate, under this Amendment No. 2 to Master Agreement No. 23-644
2 for the base term plus the one year extension is Six Million Dollars ($6,000,000).
3 In the event that an extension, as defined in section 4.2, "Extension", below, of the
4 term is granted for the second optional year, then the maximum compensation
5 payable to all Contractors, in the aggregate, under this Amendment No. 2 to Master
6 Agreement No. 23-644 for the base term plus the one year and two year extensions
7 is Seven Million Five Hundred Thousand Dollars ($7,500,000). The Contractors
8 acknowledge that the County is a local government entity, and do so with notice
9 that the County's powers are limited by the California Constitution and by State
10 law, and with notice that the Contractors may receive compensation under this
11 Agreement only for non-hazardous waste removal services performed according
12 to the terms of Master Agreement No. 23-644 and while this Agreement is in effect,
13 and subject to the maximum amount payable under this section. The Contractors
14 further acknowledge that County employees have no authority to pay Contractors
15 except as expressly provided in this Amendment No. 2 to Master Agreement No.
16 23-644."
17 2. When both parties have signed this Amendment No. 2, Master Agreement No. 23-644,
18 Amendment No. 1 24-031, and Amendment No. 2 together constitute the Agreement.
19 3. Contractors represent and warrant to the County that:
20 a. The Contractors are duly authorized and empowered to sign and perform their
21 obligations under this Amendment.
22 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
23 to do so and his or her signature on this Amendment legally binds the Contractor to
24 the terms of this Amendment.
25 4. The parties agree that this Amendment may be executed by electronic signature as
26 provided in this section.
27 a. An "electronic signature" means any symbol or process intended by an individual
28 signing this Amendment to represent their signature, including but not limited to (1) a
1 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
2 electronically scanned and transmitted (for example by PDF document) version of an
3 original handwritten signature.
4 b. Each electronic signature affixed to or attached to this Amendment is deemed
5 equivalent to a valid original handwritten signature of the person signing this
6 Amendment for all purposes, including but not limited to evidentiary proof in any
7 administrative or judicial proceeding, and (2) has the same force and effect as the valid
8 original handwritten signature of that person.
9 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
10 subdivision 9b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
11 2, Title 2.5, beginning with section 1633.1).
12 d. Each party using a digital signature represents that it has undertaken and satisfied the
13 requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
14 through (5), and agrees that each other party may rely upon that representation.
15 e. This Amendment is not conditioned upon the parties conducting the transactions under
16 it by electronic means and either party may sign this Amendment with an original
17 handwritten signature.
18 5. This Amendment may be signed in counterparts, each of which is an original, and all of
19 which together constitute this Amendment.
20 6. The Master Agreement as amended by this Amendment No. 2 is ratified and continued.
21 All provisions of the Master Agreement and not amended by this Amendment No. 2 remain in full force
22 and effect.
23 7. This Amendment 2 shall become effective retroactively to June 28, 2024, upon execution
24 by all parties.
25 [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
CONTRACTOR COUNTY OFFRESNO
4
5
See Additional Signature Pages Attached
6 Nathan Magsig, Chairman of the Board
7 of Supervisors of the County of Fresno
8
9
10
ATTEST:
11 Bernice E. Seidel
12 Clerk of the Board of Supervisors
County of Fresno, State of California
13
14 BY —
15 Deputy
16
17 For accounting use only:
18 Org No.: 2540, 1188, 4510
Account No.: 7295
19 Fund No.: 0001, 085, 0010
20 Subclass No.: 10000, 17408, 11000
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1 The parties are signing this Amendment No. 2 on the date stated in the introductory clause.
2 CONTRACTOR:
3 Professional Asbestos Removal Corporation,
4 d.b.a. PARC Environmental
5
6 9t�
Jeff Davis, Hazmat Division Manager
7
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
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
25
26
27
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I The parties are signing this Amendment No. 2 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Junk King LLC
5
6
Wes urge
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
25
26
27
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1
The parties are signing this Amendment No. 2 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Those Junk Movers
5
6
7 J ill ib imentel, Ow
8 742 Valencia Ave
9 Lemoore, CA 93245
10
COUNTY OF FRESNO
11
12
13 Nathan Magsig, Chairman of the
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
25
26
27
28
1
The parties are signing this Amendment No. 2 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Loyalty Landscape and Hauling Services
5
6 / -
7 Chris Toledo, Owner VV
8 2957 E El Paso
9 Fresno, CA 93720
10
COUNTY OF FRESNO
11
12
13 Nathan Magsig, Chairman of the
Board of Supervisors of the County of Fresno
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
Org No.: 2540, 1188, 4510
22 Account No.: 7295
23 Fund No.: 0001, 085, 0010
Subclass No.: 10000, 17408, 11000
24
25
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1
The parties are signing this Amendment No. 2 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Junk Masterz LLC
5
6
7 ac Fields, Owner
8 2570 S. Duke Ave
9 Fresno, CA 93727
10
COUNTY OF FRESNO
11
12
13 Nathan Magsig, Chairman of the
Board of Supervisors of the County of Fresno
14
15
16 Attest:
Bernice E. Seidel
17 Clerk of the Board of Supervisors
18 County of Fresno, State of California
19
By:
20 Deputy
21
22 For accounting use only:
23 Org No.: 2540, 1188, 4510
24 Account No.: 7295
Fund No.: 0001, 085, 0010
25 Subclass No.: 10000, 17408, 11000
26
27
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I The parties are signing this Amendment No. 2 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 John's Demolition&Clean Up Services
7 TMota,
o , Owner
8 reet
CA 93640
9 COUNTY OF FRESNO
10
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
Org No.: 2540, 1188, 4510
22 Account No.: 7295
23 Fund No.: 0001, 085, 0010
Subclass No.: 10000, 17408, 11000
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