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HomeMy WebLinkAbout24283COUNTY OF FRESNO PROCUREMENT AGREEMENT Agreement Number:21)0 1 R4:r April 6,2005 Saundra Plett River Quest Program San Joaquin River Parkway and Conservation Trust,Inc 1550 E.Shaw Ave.,Suite 114 Fresno,CA 93710 The County of Fresno (County)hereby contracts with Saundra Plett representing the San Joaquin River Parkway and Conservation Trust,Inc.(Contractor)to provide Educational Services in accordance with Attachment A,attached,and by this reference made a part hereof. TERM:This Agreement will be for one (1)year effective June 1,2005. RENEWAL:This Agreement may be renewed for two (2)additional one (1)year periods by the mutual written consent of all parties. CONTRACTOR'S SERVICES:Contractor shall perform the services as described in Attachment "A"attached,at the rates set forth in Attachment "A". ADDITIONAL ITEMS:The County reserves the right to negotiate additional items to this Agreement as deemed necessary.Such additions shall be made in writing and signed by both parties. DEFAULT:In case of default by Contractor,the County may procure the articles from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County.The prices paid by County shall be considered the prevailing market price at the time such purchase is made.Inspection of deliveries or offers for delivery,which do not meet specifications, will be at the expense of Contractor. INVOICING:An itemized invoice in duplicate shall be mailed to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement.The Agreement number must appear on all shipping documents and invoices.Invoice terms shall be Net 45 Days. MAXIMUM:In no event shall services performed and/or fees paid under this Agreement be in excess of two hundred dollars ($200.00). TERMINATION:The County reserves the right to immediately terminate this Agreement upon written notice to the Contractor.In the event of such termination,the Contractor shallbe paidfor satisfactoryservicesor suppliesprovidedto the dateof termination. PROCUREMENT AGREEMENT NUMBER: River Quest Program April 6,2005 250184J Page 2 LAWS AND REGULATIONS:The Contractor shall comply with all laws,rules and regulations whether they be Federal,State or municipal,which may be applicable to Contractor's business,equipment and personnel engaged in service covered by this Agreement. AUDITS:Contractor shall,as required by law,ordinance,code or decree permit the County to audit and inspect all such records and data pertaining to this Agreement and at all reasonable times be open to inspection by authorized representatives of the County. LIABILITY:The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify,save and hold harmless,and at County's request defend the County,its officers,agents and employees from any and all claims for damage or other liability, including costs,expenses,causes of action,claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents,officers or employees under this Agreement. INSURANCE: Without limiting the County's right to obtain indemnification from Contractor or any third parties,Contractor,at its sole expense,shall maintain in full force and effect the following insurance policies throughout the term of this Agreement: A.Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00)per occurrence and an annual aggregate of Two Million Dollars ($2,000,000.00).This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations,product liability,contractual liability,Explosion-Collapse-Underground,fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B.Automobile Liabilitv Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00)per person,Five Hundred Thousand Dollars ($500,000.00)per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00),or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00).Coverage should include owned and non-owned vehicles used in connection with this Agreement. PROCUREMENT AGREEMENT NUMBER: River Quest Program Apri I 6,2005 250184J Page 3 C.Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno,its officers,agents,and employees,individually and collectively,as additional insured,but only insofar as the operations under this Agreement are concerned.Such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance,maintained by County,its officers,agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein.This insurance shall not be cancelled or changed without a minimum of thirty (30)days advance written notice given to County. Within Thirty (30)days from the date Contractor executes this Agreement,Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies,as required herein,to the County of Fresno,Library Business Office 2420 Mariposa St,Fresno,CA 93721,stating that such insurance coverage have been obtained and are in full force;that the County of Fresno,its officers,agents and employees will not be responsible for any premiums on the policies;that such Commercial General Liability insurance names the County of Fresno,its officers, agents and employees,individually and collectively,as additional insured,but only insofar as the operations under this Agreement are concerned;that such coverage for additional insured shall apply as primary insurance and any other insurance,or self- insurance,maintained by County,its officers,agents and employees,shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)days advance,written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided,the County may,in addition to other remedies it may have,suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California.Insurance purchased shall be purchased from companies possessing a current A.M.Best,Inc.rating of B+FSC VII or better. INDEPENDENT CONTRACTOR:In performance of the work,duties and obligations assumed by Contractor under this Agreement,it is mutually understood and agreed that Contractor,including any and all of Contractor's officers,agents,and employees will at all times be acting and performing as an independent contractor,and shall act in an independent capacity and not as an officer,agent,servant,employee,joint venturer, partner,or associate of the County.Furthermore,County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function.However,County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and PROCUREMENT AGREEMENT NUMBER: River Quest Program April 6,2005 250184J Page 4 conditions thereof.Contractor and County shall comply with all applicable provisions of law and the rules and regulations,if any,of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor,Contractor shall have absolutely no right to employment rights and benefits available to County employees.Contractor shall be solely liable and responsible for providing to,or on behalf of,its employees all legally-required employee benefits.In addition,Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees,including compliance with Social Security,withholding,and all other regulations governing such matters.It is acknowledged that during the term of this Agreement,Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT:Neither party shall assign,transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS:This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations,proposals,commitments,writings,advertisements,publications, Request for Proposals,Bids and understandings of any nature whatsoever unless expressly included in this Agreement.This Agreement supersedes any and all terms set forth in Contractor's invoice.This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES:In the event of any inconsistency in interpreting the documents which constitute this Agreement,the inconsistency shall be resolved by giving precedence in the following order of priority:(1)the text of this Agreement (excluding Attachment "A"),and (2)Attachment "A". GOVERNING LAWS:This Agreement shall be construed,interpreted and enforced under the laws of the State of California.Venue for any action shall only be in County of Fresno. Please acknowledge your acceptance by returning all pages of the signed original of this Agreement to my office,retaining a copy for your files. Pleasereferany inquiriesin this matterto Brian Tamb,lin,Buyer I,Iat (559)456- 7110 or FAX at (559)456-7831. PROCUREMENT AGREEMENT NUMBER: River Quest Program April 6,2005 250184J Attachment SERVICES A TTACHMENT '~" ENTERT~NMENTSER~CES SERVICES TO BE PROVIDED:Saundra Plett representing the San Joaquin River Parkway and Conservation Trust,Inc.(Contractor)agrees to provide the following services during the period of June 1,2005 to May 31,2006:A minimum of one (1)to a maximum of five (5)45-minute programs of education about the San Joaquin River, nearby habitats,wildlife,etc.as part of the 2005 Summer Reading Program contracted by the Youth Services Division of the Fresno County Public Library.The dates and times of the programs shall be determined by mutual agreement between Contractor and County.Contractor will provide all materials for the programs. CHARGES FOR SERVICES:The County agrees to pay Contractor and the Contractor agrees to receive compensation,upon the completion of services outlined above during the stated period in the amount of forty dollars ($40.00).The cost of each program includes all transportation,housing and applicable expenses. Total compensation under this agreement shall not exceed two hundred dollars ($200.00).