HomeMy WebLinkAboutAgreement A-25-306 Amendment IV A-25-306 to Master Agreement No. 23-644.pdf 25-0652
Agreement No. 25-306
1 AMENDMENT NO. 4 TO MASTER AGREEMENT NO. 23-644
2
3 This Amendment No. 4 to Master Agreement("Master Agreement") No. 23-644 is dated June 24, 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 identified a need to increase the maximum compensation for said
17 services and entered into Amendment 3 No. 25-077 on February 25, 2025.
18 E. The County again needs to increase the maximum compensation for said services.
19 F. The County and Contractors now desire to amend this Amendment to increase maximum
20 compensation.
21 The parties therefore agree as follows:
22 1. Article 3, Section 3.2 of the Agreement, as amended by Amendment 3, located at page one
23 (1), beginning at line 20 of Amendment 3, "Maximum Compensation", is deleted in its entirety
24 and replaced with the following:
25 "3.2 Maximum Compensation. The maximum compensation payable to all
26 Contractors, in the aggregate, under this Amendment No. 4 to Master Agreement
27 No. 23-644 is Three Million and Twenty Thousand Dollars ($3,020,000) for the
28 term of July 1, 2024 through June 30, 2025, and is Three Million One Hundred
1 Twenty Thousand Dollars ($3,120,000) for the term of July 1, 2025 through June
2 30, 2026. In the event that an extension, as defined in section 4.2, "Extension",
3 below, of the term is granted for the first optional year, then the maximum
4 compensation payable to all Contractors, in the aggregate, under this Amendment
5 No. 4 to Master Agreement No. 23-644 for the base term plus the one-year
6 extension is Nine Million One Hundred Forty Thousand Dollars ($9,140,000). In
7 the event that an extension, as defined in section 4.2, "Extension", below, of the
8 term is granted for the second optional year, then the maximum compensation
9 payable to all Contractors, in the aggregate, under this Amendment No.4 to Master
10 Agreement No. 23-644 for the base term plus the one year and two-year
11 extensions is Ten Million Six Hundred Forty Thousand Dollars ($10,640,000). The
12 Contractors acknowledge that the County is a local government entity, and do so
13 with notice that the County's powers are limited by the California Constitution and
14 by State law, and with notice that the Contractors may receive compensation under
15 this Agreement only for non-hazardous waste removal services performed
16 according to the terms of Master Agreement No. 23-644 and while this Agreement
17 is in effect, and subject to the maximum amount payable under this section. The
18 Contractors further acknowledge that County employees have no authority to pay
19 Contractors except as expressly provided in this Amendment No. 4 to Master
20 Agreement No. 23-644."
21 2. When both parties have signed this Amendment No. 4, Master Agreement No. 23-644,
22 Amendment 2 No. 24-459, Amendment 1 No. 24-031, Amendment 3 No. 25-077, and this Amendment
23 4 together constitute the Agreement.
24 3. Contractors represent and warrant to the County that:
25 a. The Contractors are duly authorized and empowered to sign and perform their
26 obligations under this Amendment.
27
28
1 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
2 to do so and his or her signature on this Amendment legally binds the Contractor to
3 the terms of this Amendment.
4 4. The parties agree that this Amendment may be executed by electronic signature as
5 provided in this section.
6 a. An "electronic signature" means any symbol or process intended by an individual
7 signing this Amendment to represent their signature, including but not limited to (1) a
8 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
9 electronically scanned and transmitted (for example by PDF document) version of an
10 original handwritten signature.
11 b. Each electronic signature affixed to or attached to this Amendment is deemed
12 equivalent to a valid original handwritten signature of the person signing this
13 Amendment for all purposes, including but not limited to evidentiary proof in any
14 administrative or judicial proceeding, and (2) has the same force and effect as the valid
15 original handwritten signature of that person.
16 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
17 subdivision 9b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
18 2, Title 2.5, beginning with section 1633.1).
19 d. Each party using a digital signature represents that it has undertaken and satisfied the
20 requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
21 through (5), and agrees that each other party may rely upon that representation.
22 e. This Amendment is not conditioned upon the parties conducting the transactions under
23 it by electronic means and either party may sign this Amendment with an original
24 handwritten signature.
25 5. This Amendment may be signed in counterparts, each of which is an original, and all of
26 which together constitute this Amendment.
27
28
1 6. The Master Agreement as amended by this Amendment No. 4 is ratified and continued.
2 All provisions of the Master Agreement and not amended by this Amendment No. 4 remain in full force
3 and effect.
4
5 [SIGNATURE PAGES FOLLOW)
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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 E=77200-
�_
6 Ernest Budd�Md�esCh�airman 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
21
22
23
24
25
26
27
28
1 The parties are signing this Amendment 4 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Junk Masterz LLC
5
6
7 k Fields, wner
8 2570 S. Duke Ave
Fresno, CA 93727
9
10
11
12
13
14
15
16
17
18
19
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 4 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Johrt
tion & Clea ices
5
6
John Fler
7
8 615 J S
Mendot
9
10
11
12
13
14
15
16
17
18
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 The parties are signing this Amendment 4 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Professional Asbestos Removal Corporation,
d.b.a. PARC Environmental
5
7 Jeff Davis. Hazmat Division Manager
8 2864 East Dorothy Ave
9 Fresno, CA 93706
10
11
12
13
14
15
16
17
18
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 The parties are signing this Amendment 4 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Junk King LLC
5
6
Wes Burgess, Owner
7
8 5840 W. Mission Ave. #101
Fresno, CA 93722
9
10
11
12
13
14
15
16
17
18
19
20
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
28
1 The parties are signing this Amendment 4 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Loyalty Landscape and Hauling Services
5
6
7 Chris Toledo, Owner
8 2957 E. El Paso
Fresno, CA 93720
9
10
11
12
13
14
15
16
17
18
19 For accounting use only:
20
Org No.: 2540, 1188, 4510
21 Account No.: 7295
Fund No.: 0001, 085, 0010
22 Subclass No.: 10000, 17408, 11000
23
24
25
26
27
28
I The parties are signing this Amendment 4 on the date stated in the introductory clause.
2
3 CONTRACTOR:
4 Those Junk Movers
5
6
Jili Pimentel, r
7
8 742 Valencia Ave
Lemoore, CA 93245
9
10
11
12
13
14
15
16
17
18
19
I
20
21
For accounting use only:
22
23 Org No.: 2540, 1188, 4510
Account No.: 7295
24 Fund No.:0001, 085, 0010
Subdass No.: 10000, 17408, 11000
25
26
27
28