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Home My WebLink About25051COUNTY OF FRESNO PURCHASING DATE: 4/11/2007 THIS EXTRACT IS FOR REFERENCE AND INFORMATIONAL PURPOSES ONLY.ALL BUSINESS AND MANAGEMENT DECISIONS MUST BE GOVERNED BY THE UNDERLYING CONTRACT. ANY QUESTIONS MUST INCLUDE THE CONTRACT NUMBER AND BE ADDRESSED ( TO THE COUNTYS PURCHASING OFFICE AT 456-7110. CONTRACT NUMBER : 270172G CONTRACT TITLE:Entertainment Services CONTRACT PERIOD : 2/1/2007 thru 1/31/2008 ' MAY INCLUDE MULTIPLE YEARS USING AGENCIES : Library TERMS : Net 45 Days DELIVERY TERMS: DELIVERY TIME:GPI BUYER : G - Craig J. Nickel CONTRACT VALUE: $1,800.00 Annual Maximum LOCATION : Library VENDOR NUMBER : 0000195040-5 NAME I ADDRESS: Woodward Shakespeare Festival 1322 E. Shaw Avenue, Suite 430 Fresno, CA 93710-7906 REPRESENTATIVE :Hal Bolen II TELEPHONE :(559) 226-8177 FAX: E-MAIL: (559 ) 227-4971 BOARD /GROUP/STATE CONTRACT NO: REQUISITION NO'S: 7517000192 qX New q Renewal q Cancellation q Short Term Reference: Tic Date:1011/2007 q Adjustment q Evergreen Code:962 q AddOn q Kill REPORTS:None Org: 75110400, 75120265 Supersedes 260077G COMMODITIES, SERVICES OR MAINTENANCE COVERED UNDER THIS ACTION: One (1) to six (6) readers theater performances of plays at the Fresno County Public Library and one (1) performance of *Theater in 24 Hours: A Mother/Daughter Tribute 'to coincide with the Big Read 2007. SPECIAL CONDITIONS FOR USE: *Agreement does not automatically renew. DISTRIBUTION CONTRACT FILE: BUYER: VENDOR: AUDITOR: DEPARTMENT :Library REQUISITIONER :Claudia Ontiveros REQUESTED /BY/DATE ADDITIONAL DISTRIBUTION jig 270172G AccessReport Extract Page 1 of I County of Fresno DEPARTMENT OF GENERAL SERVICES JOHN A. NAVARRETTE, DIRECTOR PURCHASING DIVISION MARTIN G. BLOOM, FACILITIES & PURCHASING MANAGER PROCUREMENT AGREEMENT Agreement Number:Z70 / 7Z ce February 5, 2007 01 Woodward Shakespeare Festival c/o Hal Bolen II 1322 E. Shaw, Suite 430 Fresno, CA 93710-7906 The County of Fresno (County)hereby contracts with the Woodward Shakespeare Festival (Contractor)to provide Entertainment Services in accordance with Attachment A, attached, and by this reference made a part hereof. TERM: This Agreement shall become effective February 1, 2007 and shall remain in effect through January 31, 2008. 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. 4525 East Hamilton Avenue / Fresno, California 93702-4599 / Phone (559) 456-7110 / Fax (559) 456-7831 Equal Employment Opportunity -Affirmative Action - Disabled Employer PROCUREMENT AGREEMENT NUMBER :Z701 7A Cs Page 2 Woodward Shakespeare Festival February 5, 2007 MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of one thousand eight hundred dollars ($1,800.00). 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 shall be paid for satisfactory services or supplies provided to the date of termination. 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, employees or volunteers under this Agreement. INSURANCE: DisplayText cannot span more than one line !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. 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, J:\FHQBUSOFF\CONTRACTS & PROCUREMENT AGREEMENTS (CF)\ENTERTAINMENT CONTRACTS\ADULT SERVICES PROCUREMENT AGREEMENT NUMBER :Zl0 /li Cf Page 3 Woodward Shakespeare Festival February 5, 2007 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 ,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 A 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 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. J:\FHQBUSOFF\CONTRACTS &PROCUREMENT AGREEMENTS (CF)\ENTERTAINMENT CONTRACTS\ADULT SERVICES PROCUREMENT AGREEMENT NUMBER :11017Z (^Page 4 Woodward Shakespeare Festival February 5, 2007 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. Please refer any inquiries in this matter to Craig Nickel, Buyer III, at (559) 456-7110 or FAX at (559) 456-7831. FOR THE COUNTY OF FRESNO Martin' & &oom Facility Services & Purchasing Manager 4525 East Hamilton Avenue Fresno, CA 93702-4599 Date :'Y-.? 7a7 MGB:cjn:clf J:\FHQBUSOFF\CONTRACTS & PROCUREMENT AGREEMENTS (CF)\ENTERTAINMENT CONTRACTS\ADULT SERVICES AGREEMENTS 2007\WOODWARD SHAKESPEARE 2007.DOC J:\FHQBUSOFF\CONTRACTS & PROCUREMENT AGREEMENTS (CF)\ENTERTAINMENT CONTRACTS\ADULT SERVICES PROCUREMENT AGREEMENT NUMBER :Z7D^7ZG1 Page 5 Woodward Shakespeare Festival February 5, 2007 CONTRACTOR TO COMPLETE: Company :Woodward Shakespeare Festival Type of Entity: q Individual q Limited Liability Company q Sole Proprietorship q Limited Liability Partnership ® Corporation q General Partnership Signed by:R ^ Hal H. Bolen TT Chairman Feb 14, 2007 Print Name and Title Date 1322 East Shaw Avenue, Suite 430 Address Fresno , CA 93710 Address City State Zip (55^ 226-8177 (559)227-4971 hhb@bolenfransen.com TELEPHONE NUMBER FAX NUMBER Accounting Use Only ORG No.: 75110400 / 75120265 Account No.: 7295 p Requisition No.: (09/06) E-MAIL ADDRESS J:\FHQBUSOFF\CONTRACTS & PROCUREMENT AGREEMENTS (CF)\ENTERTAINMENT CONTRACTS\ADULT SERVICES PROCUREMENT AGREEMENT NUMBER: Woodward Shakespeare Festival February 5, 2007 270 ^t y Attachment Page 1 of I A TTACHMENT 'A " Entertainment Services SERVICES TO BE PROVIDED: Woodward Shakespeare Festival (Contractor) agrees to provide volunteers performers to provide the following services during the period of February 1, 2007 to January 31, 2008: A minimum of one (1) to a maximum of six (6) reader's theater performances of plays at the Fresno County Public Library and one (1) Performance of "Theater in 24 hours: a Mother/Daughter Tribute" to coincide with the Big Read 2007. 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. Contractor also stipulates that no vehicles will be used in the performance of this Agreement. 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 one hundred fifty dollars ($150.00) per play. Compensation for the one performance of "Theater in 24 hours: a Mother/Daughter Tribute" will be nine hundred dollars ($900.00 ).The cost of each program includes all transportation ,housing and applicable expenses. Total compensation under this agreement shall not exceed one thousand eight hundred dollars ($1,800.00). Invoice must be submitted by contractor. J:\FHQBUSOFF\CONTRACTS & PROCUREMENT AGREEMENTS (CF)\ENTERTAINMENT CONTRACTS\ADULT SERVICES AGREEMENTS 2007\WOODWARD SHAKESPEARE 2007.DOC