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HomeMy WebLinkAbout25780COUN7Y OF FRESNO DATE: 3/27/2009 THIS €XE!?ACT IS FOR REFERENCE AND INFORMA TIONAL PURPOSES ONLY. ALL BUSINESS AND A44NAGEMENT DECISIONS MUST BE GOVERNED BY THE UNDERLYING CONTRACT. ANY QUESTIONS MUST INCLUDE THE CONTRACT NUMBER AND BE ADDRESSED TO THE COUNNS PURCHASING OFFICE AT 456-71 10. CONTRACT NUMBER: P-09-108-G VENDOR NUMBER: 0000005731 CONTRACT TITLE: Outdoor SportinglRecreationaI and Educational NAME I ADDRESS: Fresno County Sportsmen's Club Projects P 0 BOX 25217 4/1/2009 t~,,.,, 3/31/2010 ' MY INCLUDE WLTlf'LE YEARS FRESNO, CA 93779 CONTRACT PERIOD: USING AGENCIES: PW & P - Parks TERMS: Net 45 Days DELIVERY TERMS: DELIVERY TIME: BUYER: G - Craig J. Nlckel dm/ CONTRACT VALUE: $1 1,750.00 Annual Maximum LOCATION: Various REPRESENTATIVE: Jeff Halstead TELEPHONE: (559) 2982334 FAX: (559) 322-0769 E-MAIL: BOARDIGROUPISTATE COHTRACT NO: REQUISITION NO'S: 4359000004 ~ew q Cancellation Reference: q ~enewal short ~erm Tic Date. n~djuslment Evergreen Code: 968 OA* Kill REPORTS: None Org: 4350 Supersedes COMMODITIES, SERVICES OR MAINTENANCE COVERED UNDER THIS ACTION: Five proposed projects in 2009 to further improve spott~nglrecreationaI opportunities and for educating the public. SPECIAL CONDITIONS FOR USE: Short-Term Contract - No Renewal Clause in Agreement. DISrmBmON REQE!jTB]IBYIDATE ADDmONAL DISTRIBUTION CONTRACT FILE: Id AUDITOR: De,-: Fubkwarks-Paks REQUISMONER: John Thompmn Extract Page I of 1 OUNTY OF FRESNO Fmsno, Cdornla AGREEMENT THIS AGREEMENT, entered into this 1 day of &@IL , 0- by and between the COUNTY OF FRESNO, a political Subdivision of the State of California, hereinafter referred to as "COUNTYn, and FRESNO COUNTY SPORTSMEN'S CLUB, a non-profit corporation, c/o Jeff Halstead, P. 0. Box 25217, Fresno, CA 93729-521 7, hereinafter called "CONTRACTOR". WHEREAS, the Board of Supervisors at the request of Public Works and Planning Department and in concurrence with the Recreation and Wildlife Commission have approved funds in the COUNTY'S Fish and Game Propagation Fund pursuant to California Fish and Game Code Sections 13000 et seq., as per Fresno County Recreation and Wildlife Commission 2008-2009 application; and WHEREAS, the CONTRACTOR is qualified and willing to perform all of the services detailed herein below. NOW, THEREFORE, it is agreed by both parties as follows: 1. CONTRACTOR'S OBLIGATIONS: CONTRACTOR shall be responsible to purchase supplies, materials, and equipment to accomplish projects and to complete such projects as provided in the Fresno County Recreation and Wildlife Commission 2008-2009 application submitted by CONTRACTOR, attached hereto as Attachment "A and incorporated herein by this reference. 2. TERM: This Agreement shall be effective and the service described above shall be performed as of the date the Agreement is executed by the COUNTY through August 31,2009. FEE: The COUNTY agrees to pay CONTRACTOR and 3. - CONTRACTOR agrees to perform the servicesfor Eleven Thousand Seven Hundred Fifty and No1100 ($1 1,750.00) Dollars. The funds are estimates only; cost per area or line item may vary. However, in no event shall the total service fee paid under this Agreement exceed Eleven Thousand Seven Hundred Fifty and No11 00 ($1 1,750.00) Dollars. :OUNlY OF FRESNO Frosno, California 4. PAYMENTS: The COUNTY will make reimbursement payments upon presentation of a valid invoice. Invoice shall be on CONTRACTOR'S letterhead, accompanied by documentation substantiating purchase of materials and supplies to complete project. COUNTY shall make payment to CONTRACTOR within Forty-five (45) days after receipt of invoice by COUNTY. 5. INVOICING: Invoicing shall be in duplicate to: Fresno County Parks, 2220 Tulare St 6" Floor, Fresno, CA 93721. 6. TERMINATION: A. Non Allocation of Funds - The terms of this Agreement, and the services to be provided thereunder, are contingent upon the approval of funds by the appropriating governmental agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice. B. Breach of Contract - The COUNTY may immediately suspend or terminate this Agreement in whole or in part, where in the determination of the COUNTY there is: 1) An illegal or improper use of funds; 2) A failure to comply with any term of this Agreement; 3) A substantially incorrect or incomplete report submitted to the COUNTY; 4) Improperly performed service. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which in the judgement of the COUNTY were not expended in accordance with the terms of this 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 OUNTY OF FRESNO Fnmo, Wifornla Agreement. The CONTRACTOR shall promptly refund any such funds upon demand. C. Without Cause: Under circumstances other than those set forth above, this Agreement may be terminated by COUNTY or CONTRACTOR upon the giving of thirty (30) days advance written notice of an intention to terminate to the other party. 7. COMPLIANCE WITH LAWS: CONTRACTOR shall comply with all federal, state and local laws, ordinances and regulations applicable to the activities covered by this Agreement. 8. 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 the 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 3 acknowledged that during the term of this Agreement, CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement. 9. MODIFICATION: Any matters of this Agreement may be modified from time to time by the written consent of all the parties without, in any way, affecting the remainder. 10. ASSIGNMENT: Neither party shall assign, transfer or subcontract this Agreement nor their rights or duties under this Agreement without the prior written consent of the other party. 11. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents, and employees, from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers, agents, or employees, under this 14 11 Agreement, and from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of CONTRACTOR, its officers, agents, or employees, under this Agreement. 12. 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. Comprehensive liability insurance in the amount of One Million I ($1,000,000) Dollars B. Workers Compensation insurance in accordance with the California Labor code. Such insurance policies shall name the COUNTY, its officers, 27 11 agents, and employees, individually and collectively as additional insured, but only 28 11 insofar as the operations under this contract are concerned. Such coverage for 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 OUNTY OF FRESNO Fnsno, C.IHornla additional insured shall apply as primary insurance and any other insurance, or self insurance, maintained by the COUNTY, its officers, agents, and employees shall be excess only and not contributing with insurance provided under the CONTRACTOR'S policies herein. This insurance shall not be canceled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. Prior to commencing performance of its obligations under this Agreement, CONTRACTOR shall provide certificates of insurance on the foregoing policies as required herein, to the COUNTY'S DEPARTMENT OF GENERAL SERVICES, Parks Division, stating that such insurance coverages have been obtained and are in full force; that the COUNTY, its officers, agents, and employees will not be responsible for any premiums on the policies; that such insurance names the COUNTY, its officers, agents, and employees, individually and collectively, as additional insured (except Workers Compensation Insurance), but only in so far as the operations under this contract are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by the COUNTY, its officers, agents, and employees, shall be excess only and not contributing with insurance provided under the CONTRACTOR'S policies herein; and that this insurance shall not be canceled or changed without a minimum of thirty (30) days advance written notice given to COUNN. 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. 13. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of its records and date with respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data 5 I 2 3 4 5 6 7 8 --- 9 I0 11 12 13 14 15 16 17 18 19 20- 2 1 22 23 24 25 26 27 28 :OUNTY OF FRESNO Fmno. C.IUomla necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement. If this Agreement exceeds Ten Thousand ($1 0,000) Dollars, CONTRACTOR shall be subject to the examination and audit of the Auditor General for a period of three (3) years after the final payment under contract (Government Code Section 8546.7). 14. NOTICES: The persons and their addresses having authority to give or receive notices under this Agreement include the following: Countv of Fresno _(3bad~AM--- Department of Public Works And Planning 2220 Tulare St. 6" Floor Fresno, CA 93721 (559) 488-3004 Contractor Jeff Halstead ------- Fresno County SporfS-men's Club P. 0. Box 25217 Fresno, CA 93729-521 7 (559) 298-2334 Any and all notices between the COUNTY and the CONTRACTOR provided for or permitted under this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to one of the parties, or in lieu of such personal services, when deposited in the United States Mail, postage prepaid, addressed to such party. 15. GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and r----------- ----------- I performance of this Agreement shall be governed in all respects by the law of the State of California. 16. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the CONTRACTOR and COUNTY with respect to the subject 1 matter thereof and supersedes all previous Agreement negotiations, proposals, I commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless expressly included in this Agreement. //////I/// IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. CONTRACTOR - , Print ~arngand Title Mailing Address DATE: OUNTY OF FRESNO Frnno, cdnomP1 COUNTY OF FRESNO PURCHASING DATE: /nc3' c ( 2 Y/ Zwf FOR ACCOUNTING USE ONLY: FUND NO. 01 15 ORG NO 4350 ACOUNT NO 7400 SUBCLASS NO. 10000 PROGRAM NO. 0 I POST OFFICE BOX 2521 7 FRESNO, CAUFORNIA 93729 AFFIWW: Spo&mm'sCwndldCentralCclOFMnla Cdfomk Wadlffe F&kdkin ~lena ~evada m. Mumple .Use and Sportsmen's Codtkn S~AQKM@ . ?. '- -Natknalm~. ... .+ I, . 0 z a r2 r3 4 November 26, -7 .s c/o Mr. Charles Janiel . ..I . - - 7 2- 3 x2 * & - t.3 -4 ... . - . -. . . . . . . . - . Jeffkey A Halstead .' 4 .-1 Secretary . .I (559) 298-2334 Work; (559) 322-0769 Fr~r . *. . i. i I A SKifi%M&$4'~ ORGANI~~TION DEDICATED TO ME CONSERVATDN 4 EWLlSHED 1 91 6 - 0 - INCORPORATED 1 931 0 COUNTY RJXREATION AND WILDLIFE COMMISSIO~ FORM FOR FISH AND OAME FIWE MONIES G FOR FISCAL YF-08 - 2009 AGENCY Fresno Couuty Sportsinei's Club (FCSC) California Dept. of Fish irnd Gaqw (CDFG) WG ADDRESS P. 0. Box 25217, Fresno, CA 93729 CONTACT PERSON(tQ J. A. Halstead, Seaetaq TELEPHONE BUSINESS Em (559) 298-2334 (559) 322-0769 c A Janior Pheaaant Ha w3l be ccmducted for 100 kids at the Califbrnia Depbent of Fish and (3atne.s Mendota Area The hunt will amtinne the Junior Pheasant Hunt Program which is dered through the CDFG's . . Game Bird Hexitage Program. The goal is to recruit new hunters and to create new hunting Wes for the public. has been a very successful program. The hunt will be a mopedve project between CDFG and the FCSC. Juniors apply by mail, are picked by cornputeked and bring a supedsing adult to the hunt. The pheasants will be purchased fiom a reputable breeder. The pheasants will be roostem that meet CDFQs tail, plumage, and and& criteria The selected hunters will hunt on one of two Satdays. The.bag-limit is two roosters per - hunterer- The CDFD-will aperate a ~hst&hhDgmcmh~-d -m&h%B-kb.W- -- - _ - - PROJECT JUSTIB'ICATIOfl Hunting and educational opportunities for our public is impor&& for instilling natural resource ethics into our society. The hunt will conb the number of people (juniors and supenrising hdy-members) whichcanparticipateinthisprogram Again,the~of~huntersandcreationofnew hunting opportunities far the public is desirable and needed. Interactions between and amung our public (including youth), sportsmen groups, and CDFG are desirable and hiwe great public rehi0118 value, G REOUESTED OurrequestfromtheCommisSionis~300. The~willpurchase2OOpheiismts(2birdsger hunter) at $1 1 per bird, plus a $100 delivery c-. Labor and othex costs to implement the program will be incurred by the CDFG and our sportsmen's pup. - The hunt will be.implernented on two Saturdays during November 2008. * * ' FRESNO COUNTY RECREATION AND WIDLIFE COMMISSION APPLICATION FOX FISH AND GAME FINE MONIES FUNDING FOR FISCAL YEAR 2008-2009 ' kisG4wx Freano County Sportsmen's t3nb (FCSC) ' ' CaWornia Dept. of Fish and Game (CDFG) CONTAGT JJ. A. Secretary TELEPHONE e A -t Hunt will be held at San Joaquin for 100 hunters. Two hundred male ring-nccked pheasants are requested to conduct a hnily-orimted pheawnt hunt in Fresno County on private proputy nearthecityofSanJoaquin. Thehmtwillbeachrertisedthnrughthenewsmedia Amqmbrkd drawingwillbeusedto select loO~wbichmayjnchuicuptoapartyoffour~~, The male ring-neckd p- will be re1d with a bag limit of two birds per hunter. Adult hmtm are charged $16.75, hunters under 16 yeam of age are he. PROJEtX JUSTIFICATIOY Hunting and education cpprbdies for & public are imporht fa instilling natural resome ethics - iato our society. -Pheasmt hunting-cqpxhmities for maltached spo&men in F~County-are.limited. - - - - - - This would provide a place for fhih to hunt together as they traditionally did years ago, as well as developing alternative activities far out youth. Our request from the Commhion is $2350. PRO- DURATION The hunt will be conducted in November 2008. . ( . - - _.LY . . -. , - 4 .. .- , >I -. . . I.,: ' -. . ..,z. -y-& ?L>*L:A h . . -* . ." a:i .y; '- -0 CO~ RE-TION AND WILDLIFE CO~IO~ FORM FOR FISH AND G&@ FINE MOWS . -.- - - :<- FUNDING FOR FISCAL YEAR 2008-2009 - ;"'. .: . ; +. - 5 7 - . --- .- -- - , - ; ' .--; t--.--- . -. . .* - -. . _, . . - i ,,< ..3: .; g.2 -.- AGENCY .. F&IO county ~~0-h~ ~lab (F'CSC) - P. 0 Box 2521 7, Fresno, CA 93729 CONTACT PERSON(!Q J. A. BUSINESS lux (559) 298-2334 (559) 322-0769 9 Funding of four youths to attend In1994, QU with assistance fiom the ~~ of Fish and Ganm mated a ollbweek long, naturalreso~etbational~forchilh About 16~boysandgids~agelOtolS, are educated in a variety of natural rewurce, hunter -, and don topics. The class is run by QU's State Directm and its members, with assistance hm rescnace agency Mand other knowledgeable mlunteers. For the last twelve years, the camp has been coduckd art the Stillbow Duck Club near Los Brmos. Since 2000, an advanced camp has atso been operated near Coarsegold - mEl&JUSTIFICATION- . - - _ - . _-- --- - -- - . - -- -. - - - --- - - - - . . . . . . - . . - - . - . - . - Educational oppmtdties for our youth is impartant for.htihg naaPal resource ethics into our sod@. TbefUndingwillincreasethnnumberyouthwhi&can@~intbisclass/~8mp Thisclasswill also increase participation and intercat of the public, other fadies, qmtsmen's groups, and resaurce agencies as we& Swhinteractio119 are Me d have greatpublic redations value. Our request ftom the Co-on isS1.60Q ($400 per kid) to sponsor fbur youths. The educational-youth camp wiU be implemd during a one-& period in August. COUNTY RECREATION AND WILDLIFE COMMISSION -- ~ +4PPLICATION FORM FOR FISH AND GAME FINE Mom JWNDING FOR FISCAL YEAR 2008-2009 AGENCY Frmo Cow9 Sportsmen's Club (FCSC) P. 0. Box 25217, Fresno, CA 93729 CONTACT PERSON@) J. A. HaLskd, SecreCary e abon Moore Disabled Perrons for developmentally disabled people. The FCSC, Striped Bass Club, Kokamee Power, Califbmh Department of Fish and Game, and other pdcipdq ag~spok~'s groups will hold the &c nnm(s)'at thc club. The disabled people will leam about 'fishjng and have the oppcmtunity to catch ssh. In the past, the FCSC has been caa;tacted by various gmpdWc8 to hold such events; howtver, funds to adequatedy stock the pond were lacking. Cummtly, the Fresno Colmty Coordinating Couucil (DevelopmmMly Disabled Oroups) plans to hold an ev~inhasy2~.Tbcplrmted~wouldbcc~~upooavail~~,~cc,dpond ' tempcmtms The amount of kh planted would depend upon the number of participants. A barbecue will be given, and various awards ad prizes would be presurted to piuticipmts. Previous events (1995- 2007)werevcrysuccessful. c This weat would possibly be the first, oe, and/or lest far thew people 1 children to be outdoors, learn about finhinn- have an apportuPity to fish, and hqpdully, catch a fish Ssuch events ffi hp~m for instilling natural resource, don, o*, ad humane ethics into aur society. - Our request h ths Cammidon is 34.00Q. Below is a breakdown of costs. Channel cdh or Rainbow trout (1200 @ !Dhb) ................................ $2,400 Fishing tackle and bait ........ ; .............................................. .400 AwtdS&PfiZC8 ............................................................ 200 Lunch Supplies & Accesdes ............................................... 1,000 TOTAL. ................................................................. Labor and other costs to implement the everrt(s) will be incurred by the participating sportsmen's group and agencies. - The fifishing event would be held during a oneday period in May. -0 COUNTY RECREATION AND WILDLIFE COMMISSIO~ mlNG FOR FISCAL YEAR 2008-2009 G ADDRESS P. 0 Box 25217, Fresm, CA 93729 CONTACT PERSON(@ J. A HalsRead, Seaetary 33u&wm& BUSINESQ (559) 298-2334 (559) 322-0769 c California Department of Fish and Oame creates a three-drry, educatim resautces/outdoor sporhghmdd ~~ far wonma The workdmp is to educate, empower, aud encourage women in anon-- -to participate in outdoor -rial and mtud resource activities. Later, CDlW pulled out of tb~ program, but it cantinues today and is imp- by BOW. The wwkshop is run by BOWS State Director and its members, with asshbnce h resource agency staff and oth# knowledgeable vohmiwm. About 100 women are eduxWl in a variety of classes including fishing@ssa imdflyj, hunting, shooting, map adcompass denteedug, mheq, - outdoor-cooking, nature vieaving, -aamhg amihyaking- All of the classe;a-m fim &h&m - - learning. ~orm~l~fi~~ths~am~hacbecn&n~atth~ander~alloy~aneh. Tho WO-p has been well aStended and bas been successful. Educational oppartunities fm women are impartant for instilling natural resodoutdoor sporting/ ethicginto--- . . iwmsmld hnrnnhetwmnmwhichcan~~ in this wodahop. 'Jh class will b& participation ad interest of the public, lkmilies, spatmeals groups, and resorace agencies as well. Such htuadcms are desirable and have great public relations value. - Our request fknn the Commission is S1.600 ($400 per woman) to sponsor four women. The educational camp will be implemented during a three-day period in October 2008.