HomeMy WebLinkAboutAgreement A-25-423 Second Amend. to Agt. w Clean Earth Environmental Solutions Inc..pdf ii
Docusign Envelope ID:51610990-7D45-4128-8987-B46EB9F3E38A
25-0308 Agreement No. 25-423
1 AMENDMENT NO. 2 TO SERVICE AGREEMENT
2 This Amendment No. 2 to Service Agreement ("Amendment No. 2") is dated July 241h
3 2025 and is between Clean Earth Environmental Solutions, Inc., a Delaware Corporation
4 ("Contractor"), and the County of Fresno, a political subdivision of the State of California
5 ("County").
6 Recitals
7 A. On January 24, 2023, the County and the Contractor entered into Agreement
8 number 23-043, ("Agreement"), for the provision of Household Hazardous Waste (HHWW)
9 Operations Services.
10 B. On October 24, 2023, the Board executed Amendment 1 to the Agreement to include
11 mobile collection program costs.
12 C. The County and the Contractor now desire to amend the Agreement to expand the
13 list of material waste streams accepted at the Environmental Compliance Center.
14 The Parties therefore agree as follows:
15 1. The following shall be added to the Agreement on page 3, line 3, immediately
16 following the word "Agreement":
17 "Director is authorized to approve, in writing, the reasonable reimbursement rates
18 for additional accepted streams of household hazardous waste (defined by
19 Health and Safety Code §25218.1(e)), not listed in Exhibit B-2025, provided that
20 they do not result in any increase of the contract maximum.
21 2. Pages 9 through 16 of Exhibit B Attachment 11 of the Agreement, located on
22 page B-9 — 16 are deleted in their entirety and replaced with the attached Exhibit
23 B-2025, pages 9 through 16. All remaining pages of Exhibit B will remain.
24 3. When both parties have signed this Amendment No. 2, the Agreement, Amendment
25 No.1 to the Agreement, and this Amendment No. 2 combined constitute the entire
26 Agreement.
27 4. The Contractor represents and warrants to the County that:
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Docusign Envelope ID:51610990-7D45-4128-8987-B46EB9F3E38A
1 a. The Contractor is duly authorized and empowered to sign and perform its
2 obligations under this Amendment.
3 b. The individual signing this Agreement on behalf of the Contractor is fully
4 authorized to do so and his or her signature on this Amendment legally
5 binds the Contractor to the terms of this Amendment.
6 5. The parties agree that this Amendment may be executed by electronic signature
7 as provided in this section.
8 a. An "electronic signature" means any symbol or process intended by an
9 individual signing this Amendment to represent their signature, including but not
10 limited to (1) a digital signature; (2) a faxed version of an original handwritten
11 signature; or (3) an electronically scanned and transmitted (for example by PDF
12 document) version of an original handwritten signature.
13 b. Each electronic signature affixed or attached to this Amendment (1) is
14 deemed equivalent to a valid original handwritten signature of the person
15 signing this Amendment for all purposes, including but not limited to
16 evidentiary proof in any administrative orjudicial proceeding, and (2) has
17 the same force and effect as the valid original handwritten signature of that
18 person.
19 c. The provisions of this section satisfy the requirements of Civil Code section
20 1633.5, subdivision (b) in the Uniform Electronic Transaction Act (Civil
21 Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
22 d. Each party using a digital signature represents that it has undertaken and
23 satisfied the requirements of Government Code section 16.5, subdivision
24 (a), paragraphs one (1) through five (5), and agrees that each other party
25 rely upon that representation.
26 e. This Amendment No. 2 is not conditioned upon the parties conducting the
27 transactions under it by electronic means and either party may sign this
28 Amendment No. 2 with an original handwritten signature
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Docusign Envelope ID:51610990-7D45-4128-8987-B46EB9F3E38A
1 6. This Amendment No. 2 may be signed in counterparts, each of which is an
2 original, and all of which together constitute this Amendment No. 2.
3 7. The Agreement as amended by this Amendment No. 2 is ratified and continued.
4 All provisions of the Agreement not amended by this Amendment No. 2 remain in full
5 force and effect.
6
7 [Signature Page Follows]
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Docusign Envelope ID:51610990-7D454128-8987-B46EB9F3E38A
1 The parties are signing this Amendment No. 2 on the date stated in the introductory clause.
2 CLEAN EARTH ENVIRONMENTAL COUNTY OF FRESNO
3 SOLUTIONS, INC.
4
5 Signed by:
S'w��l25125 1 10:26 AM EDT
6 r C8A3C2F9F124489_
Brian Swanson, Vice President of Ernest Bu iyMen�d, hairma�of e
7 Commercial Program Development Board of Supervisors of the County of
8 Fresno
933 First Avenue, Suite 200
9 King of Prussia, PA 19406
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11 Attest:
Bernice E. Seidel
12 Clerk of the Board of Supervisors
13 County of Fresno, State of California
14 By:
15 Deputy
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17 For accounting use only:
18 Org No.: 9015
Account No.: 7295
19 Fund No.: 0701
Subclass No.: 15001
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