HomeMy WebLinkAboutAgreement A-25-077 Amendment III to Master Agreement No. 23-644.pdf 25-0054
Agreement No. 25-077
1 AMENDMENT NO. 3 TO MASTER AGREEMENT NO. 23-644
2
3 This Amendment No. 3 to Master Agreement("Master Agreement") No. 23-644 is dated February 25,2025 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 identified a need to increase the maximum compensation for said
15 services and entered into Amendment 2 No. 24-459 on August 20, 2024.
16 D. The County again needs to increase the maximum compensation for said services.
17 E. The County and Contractors now desire to amend this Amendment to increase maximum
18 compensation.
19 The parties therefore agree as follows:
20 1. Article 3, Section 3.2 of the Agreement, as amended by Amendment 2, located at page one
21 (1), beginning at line 21 of Amendment 2, "Maximum Compensation", is deleted in its entirety
22 and replaced with the following:
23 "3.2 Maximum Compensation. The maximum compensation payable to all
24 Contractors, in the aggregate, under this Amendment No. 3 to Master Agreement
25 No. 23-644 is Two Million Two Hundred Thirty Five Thousand Dollars ($2,235,000)
26 for the term of July 1, 2024 through June 30, 2025. In the event that an extension,
27 as defined in section 4.2, "Extension", below, of the term is granted for the first
28 optional year, then the maximum compensation payable to all Contractors, in the
1 aggregate, under this Amendment No. 3 to Master Agreement No. 23-644 for the
2 base term plus the one-year extension is Six Million Seven Hundred Thirty Five
3 Thousand Dollars ($6,735,000). In the event that an extension, as defined in
4 section 4.2, "Extension", below, of the term is granted for the second optional year,
5 then the maximum compensation payable to all Contractors, in the aggregate,
6 under this Amendment No. 3 to Master Agreement No. 23-644 for the base term
7 plus the one year and two-year extensions is Eight Million Two Hundred Thirty Five
8 Thousand Dollars ($8,235,000). The Contractors acknowledge that the County is
9 a local government entity, and do so with notice that the County's powers are
10 limited by the California Constitution and by State law, and with notice that the
11 Contractors may receive compensation under this Agreement only for non-
12 hazardous waste removal services performed according to the terms of Master
13 Agreement No. 23-644 and while this Agreement is in effect, and subject to the
14 maximum amount payable under this section. The Contractors further
15 acknowledge that County employees have no authority to pay Contractors except
16 as expressly provided in this Amendment No. 3 to Master Agreement No. 23-644."
17 2. When both parties have signed this Amendment No. 3, Master Agreement No. 23-644,
18 Amendment 2 No. 24-459, Amendment 1 No. 24-031, and this Amendment 3 together constitute the
19 Agreement.
20 3. Contractors represent and warrant to the County that:
21 a. The Contractors are duly authorized and empowered to sign and perform their
22 obligations under this Amendment.
23 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
24 to do so and his or her signature on this Amendment legally binds the Contractor to
25 the terms of this Amendment.
26 4. The parties agree that this Amendment may be executed by electronic signature as
27 provided in this section.
28
1 a. An "electronic signature" means any symbol or process intended by an individual
2 signing this Amendment to represent their signature, including but not limited to (1) a
3 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
4 electronically scanned and transmitted (for example by PDF document) version of an
5 original handwritten signature.
6 b. Each electronic signature affixed to or attached to this Amendment is deemed
7 equivalent to a valid original handwritten signature of the person signing this
8 Amendment for all purposes, including but not limited to evidentiary proof in any
9 administrative or judicial proceeding, and (2) has the same force and effect as the valid
10 original handwritten signature of that person.
11 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
12 subdivision 9b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
13 2, Title 2.5, beginning with section 1633.1).
14 d. Each party using a digital signature represents that it has undertaken and satisfied the
15 requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
16 through (5), and agrees that each other party may rely upon that representation.
17 e. This Amendment is not conditioned upon the parties conducting the transactions under
18 it by electronic means and either party may sign this Amendment with an original
19 handwritten signature.
20 5. This Amendment may be signed in counterparts, each of which is an original, and all of
21 which together constitute this Amendment.
22 6. The Master Agreement as amended by this Amendment No. 3 is ratified and continued.
23 All provisions of the Master Agreement and not amended by this Amendment No. 3 remain in full force
24 and effect.
25
26 [SIGNATURE PAGES FOLL0
27
28
1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective
2
Date.
3
CONTRACTOR COUNTY OF FRESNO
4
5
See Additional Signature Pages Attached
6 Buddy Mendes, Chairm 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, 0085, 0010
20 Subclass No.: 10000, 17408, 11000
21
22
23
24
25
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27
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1 The parties are signing this Amendment 3 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 John's Demolition & Clean Up Services
5
6
John l res, Owner
7
8 615 Street
Mendota, CA 93640
9 COUNTY OF FRESNO
10
11
Buddy Mendes, 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
24
25
26
27
28
1
2 The parties are signing this Amendment 3 on the date stated in the introductory clause.
3
4 CONTRACTOR:
5 Junk King LLC
6
7
Wes Burges her
8
9 5840 W. Mission Ave. #101
Fresno, CA 93722
10
11 COUNTY OF FRESNO
12
13 Buddy Mendes, Chairman of the
14 Board of Supervisors of the County of Fresno
15
16
Attest:
17 Bernice E. Seidel
Clerk of the Board of Supervisors
18 County of Fresno, State of California
19
20 By:
Deputy
21
22
23 For accounting use only:
24 Org No.: 2540, 1188, 4510
Account No.: 7295
25 Fund No.: 0001, 085, 0010
Subclass No.: 10000, 17408, 11000
26
27
28
1 The parties are signing this Amendment 3 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Junk Masterz LLC
5
6
r7Olds, Owne78 Duke Ave
Fresno, CA 93727
9
10 COUNTY OF FRESNO
11
12 Buddy Mendes, 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
28
I The parties are signing this Amendment> cm-� thl
2
CONTRACTOR-.
3
4 Loyalty Landscape and �Hauling Se-,wice'S
6
Chris Toledo, 0,Amer
7
2957 E. El Paso
Fresno, CA 93720
.10 COUNTY OF FRESNO
11
12 Buddy Mendes, Chairt-nan (.,if Me,
3 ;
13 Board of SupeNisovs of ihte� ("CIpun'Cv, C,0` ", �
14 Attest:
Bernice E. Seidel
15 Clerk of the Board of
County of Fresno, State of C,aljfomicl
16
17 By:
is Deputy
19
20 For accounting use only:
21 Org No.: 2540, 1188, 4510
Account No.: 7295
22 Fund No.: 0001, 085, 0010
Subclass No.: 10000_ '17408, 1100t3
23
24
25
4
26
27
28 ►
1 The parties are signing this Amendment 3 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Professional Asbestos Removal Corporation,
d.b.a. PARC Environmental
5
6
7 Jeff,06%aV, FAzr —DKisiCh Manager
8 2864 East Dorothy Ave
9 Fresno, CA 93706
10
COUNTY OF FRESNO
11
12
13 Buddy Mendes, 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 3 on the date stated in the introductory clause.
2
f
3 CONTRACTOR:
I
4 Those Junk Movers
5 f;
6N�J
7 ilib Pimentel,
8 742 Valencia Ave
9 Lemoore, CA 93245
10
COUNTY OF FRESNO
11
12
13 Buddy Mendes, 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
For accounting use only:
22
23 Org No.: 2540, 1188, 4510
Account No.: 7295
24 Fund No.: 0001, 085, 0010
Subclass No.: 10000, 17408, 11000
25
26
27
28