HomeMy WebLinkAboutProfessional Asbestos Removal Corporation dba PARC Environmental-Asbestos and Lead paint Removal Hazardous Waste Pickup and Disposal_A-24-158 A-20-085 A-22-303 A-22-496.pdf COtj County of Fresno Hall of Records, Room 301
2281 Tulare Street
Fresno,California
601 Board of Supervisors 93721-2198
O� 1$56 0 Telephone: (559)600-3529
FRV,t' Minute Order Toll Free: 1-800-742-1011
www.fresnocountyca.gov
April 9, 2024
Present: 5- Supervisor Steve Brandau, Chairman Nathan Magsig,Vice Chairman Buddy Mendes,
Supervisor Brian Pacheco, and Supervisor Sal Quintero
Agenda No. 53. Public Works&Planning File ID: 23-1430
Re: Approve and authorize Chairman to execute a Third Amendment to Agreement with Professional
Asbestos Removal Corporation, d.b.a. PARC Environmental for asbestos and lead paint abatement,
hazardous waste pickup and disposal, removal and disposal of debris associated with homelessness
encampments and emergency response services, and Abatement Services on private properties,to
redesignate funds in the Abatement Services category to County Administrative Office,with no change
to term of February 25, 2020 through June 30, 2025, and increasing maximum compensation by
$500,000 to a total of$2,600,000
APPROVED AS RECOMMENDED
Ayes: 5- Brandau, Magsig, Mendes, Pacheco, and Quintero
Agreement No. 24-158
County of Fresno Page 56
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Board Agenda Item 53
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FRE`'�
DATE: April 9, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Third Amendment to Agreement with Professional Asbestos Removal Corporation
RECOMMENDED ACTION(S):
Approve and authorize the Chairman to execute a Third Amendment to the Agreement with
Professional Asbestos Removal Corporation, d.b.a. PARC Environmental for asbestos and lead
paint abatement, hazardous waste pickup and disposal, removal and disposal of debris associated
with homelessness encampments and emergency response services, and Abatement Services on
private properties, to redesignate funds in the Abatement Services category to the County
Administrative Office,with no change to the term of February 25, 2020 through June 30, 2025, and
increasing the maximum compensation by$500,000 to a total of$2,600,000.
Approval of the recommended action will update the Agreement to reflect that the funds previously
designated for Abatement Services should be redesignated to the County Administrative Office, because the
County has not performed Abatement Services on private properties in conjunction with issued Notices and
Orders to Abate Public Nuisances, as previously anticipated and added by Amendment No. 2 to the
Agreement. The recommended amendment will also increase the maximum compensation to continue to
fund services under the Agreement. This item is Countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended third amendment, the County's cleanup response will be
delayed in situations that are often unpredictable, critical, and require urgent intervention to preserve public
health and public safety.
FISCAL IMPACT:
There is no increase in Net County cost associated with the recommended action. The recommended
amendment increases the maximum compensation by$500,000 to $2,600,000. Sufficient appropriations
and estimated revenues are included in the County Administrative Office Org 2540 FY 2023-24 Adopted
Budget and will be included in future budget requests for the term's duration. There are currently invoices on
hold, pending approval of this item.
DISCUSSION:
On February 25, 2020, your Board approved Agreement No. 20-085 with Professional Asbestos Removal
Corporation (PARC)for asbestos and lead paint abatement, hazardous waste pickup and disposal, and
removal and disposal of debris associated with homelessness encampments, and emergency response
services. The agreement included three departments: Public Works and Planning ($500,000), the
County of Fresno page 1 File Number.23-1430
23-1430
Agreement No. 24-158
1 AMENDMENT III TO AGREEMENT
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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").
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8 Recitals
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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.
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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.
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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
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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.
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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]
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Agreement No. 24-158
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2 IN WITNESS WHEREOF, the parties have executed this Amendment No. 3 on the date
3 set forth above.
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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
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22 FOR ACCOUNTING USE ONLY
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ORG Nos. 4510, 2540, 5620
24 Account Nos. 7295, 7490
Fund Nos. 0010, 0001
25 Subclass Nos. 11000, 10000
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File Number:23-1430
Department of Public Health ($50,000)and the County Administrative Office ($70,000). On July 12, 2022,
your Board approved the first amendment, (No. 22-303)to the Agreement, adding $330,000 to the County
Administrative Office's allotment and $250,000 to Public Works and Planning's allotment. On October 25,
2022, your Board approved the second amendment (No. 22-496)to the agreement, adding $750,000 for
abatement services at the request of the County, in conjunction with issued Notices and Orders to Abate
Public Nuisances, and adding $150,000 to the amount allocated to the Department of Public Works and
Planning. To date, the County Administrative Office's $400,000 allotment has been expended, with one
year, three months of the agreement term remaining.
When the second amendment was approved, it was anticipated that the County would imminently be
performing Abatement Services on private properties in conjunction with issued Notices and Orders to Abate
Public Nuisances, and funding was designated for those services in the agreement. However, those
Abatement Services have not yet been performed, and the funds designated to those services have been
completely expended for necessary general hazardous waste cleanup services. If during the remaining
term of the Agreement, the County does need PARC to perform Abatement Services on private properties in
conjunction with issued Notices and Orders to Abate Public Nuisances, staff will bring an amendment to
your Board for consideration to add funding to that category in the agreement.
The recommended third amendment will reflect this redesignation of the Abatement Services funds and will
add $500,000 in funds so that PARC may continue to provide hazardous waste cleanup services to the
County.
REFERENCE MATERIAL:
BAI #64, October 25, 2022
BAI #34, July 12, 2022
BAI #59, February 25, 2020
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk-Third Amendment to Agreement with PARC
CAO ANALYST:
Salvador Espino
County of Fresno Page 2 File Number.23-1430