Loading...
HomeMy WebLinkAbout25832COUNTY OF FRESNO PURCHASING DATE: 8/4/2009 IIAH THIS D(IRACT1S FOR REFERENCE AND INFORMATIONAL PURPOSES ONLY. ALL BUSINESS AND MANAGEMENT DECISIONS MUST BE GOVERNED BY THE UNDERLMNG CONTRACT. ANY QUESTIONS MUST INCLUDE THE CONTRACT NUMBER AND BE ADDRESSED BV H HWhm TO THE COUNWS PURCHASING OFFICE AT 45671 10. CONTRACT NUMBER: Pa-331-K VENDOR NUMBER: 0000268044 CONTRACT TITLE: Vehicle Washing 8 Related Services NAME I ADDRESS: Sequola Car Wash CONTRACT PERIOD: 811 12009 thru 10131 I201 1 ;$dNfim MULTIPLE USING AGENCIES: GSFleet, Sheriff-Fleet TERMS: Net 45 Days DELIVERY TERMS: DELIVERY TIME: BUYER: K - Jeannine L. Geare CONTRACT VALUE: $15,000.00 M 'mum LOCATION: k 440 Academy Avenue Sanger, CA 93657 REPRESENTATIVE: Patty Montalbano TELEPHONE: (559) 8789274 FAX: (559) 8753329 E-MAIL: BOARDffiROUPBTATE CONTRACT NO: REWlSrrlON NO'S: 8910001106,3119004254 ow ~ancellrtbn Reference: en-l Shod Term Tk Dab: ~31112011 n~djwhnt Evergreen Code: 444 ~dd0n Kill REPORTS: None Org: 8910,3111 1229 rS~DBldBde(l COMMODITIES, SERVICES OR MAINTENANCE COVERED UNDER THIS ACTION: Vehide Washing Services & Related Services in accordance with attached Agreement SPECIAL CONDITIONS FOR USE: AUTOMATIC RENEWAL: In the absence of notification from vendor to Purchasing, or instructions from County department to Purchasing, this Agreement will automatically renew for one year on November 1,201 0. DISTRIBUTION REaUESTEDlBYlDATE ADDITIONAL DISTRIBUTION , CONTRACTfllE. Id Sheriff M 1 Tony Garda M BUYER: VENWR: AUDITOR: DEPARTMMT: Generd Services REQUlSlllONER Hamld Gin Extrad Page 1 of 1 b\ County of Fresno COUNTY ADMINISTRATIVE OFFICE GENERAL SERVICES ARPl K. APKARIAN DEPUTY DIRECTOR PROCUREMENT AGREEMENT Agreement Number P-09-331-K July 159 20 Sequoia Car Wash 440 Academy Avenue Sanger, CA 93657 The County of Fresno (County) hereby contracts with Sequoia Car Wash (Contractor) to perform Vehicle Washing Services in accordance with Attachment A, attached, and by this reference made a part hereof. TERM: This Agreement shall become effective August 1,2009 and shall remain in effect through October 31, 2010. RENEWAL: Agreement shall automatically renew for an additional one (1) year period except when written notice is delivered by either party to the other expressing intent not to renew. Such notice must be delivered a minimum of sixty (60) days prior to the next expiration date of this Agreement. The maximum number of automatic one (1) year renewal periods under this Agreement is one (1). 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 e prevailing market price at the time such purchase is made. Inspection of for delivery, which do not meet specifications, will be at the expense of Contractor. SERVICE SHEET: The County will provide the contractor with a "Car Wash Service Sheetn. This form must be completed prior to performing the service. The form must be forwarded to 4525 East Hamilton Avenue / Fresno, California 93702-4599 / Phone (559) 456-7 10 / Fax (559) 456-7831 Equal Empkyment Opportunity Afflrmathe Action Disabled Employer PROCUREMENT AGREEMENT NUMBER: P-09-331 -K Sequoia Car Wash July 15,2009 Page 2 Fleet Services or the Sheriff Department at the end of each month. The contractor will attach their original invoice with totals, including number of washes at the contracted price, multiplied by the number of washes performed and totals extended. The invoice will be separated by category (i.e. exterior washes, full service - no wax and itemized additional services.) INVOICING: A "Car Wash Service Sheetn form is to be delivered to the appropriate County Department (Fleet Services or Sheriff Department) in accordance with instructions specified under "SERVICE SHEET" above to the following address: County of Fresno G.S. Fleet Services 4551 E. Hamilton Fresno, CA 93702 County of Fresno Sheriff Fleet Services 2200 Fresno Street Fresno, CA 93721 Each form shall reference the Purchase Order or the Contract Number, Equipment Number and date of service. Each "Car Wash Service Sheetn must have the driver signature. MAXIMUM: In no event shall services performed andlor fees paid under this Agreement be in excess of fifteen thousand dollars ($1 5,000.00). 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 AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. 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. G:\PUBLIC\CONTRACTS & EXTRACTSW-09-331-K SEQUOIA CAR WASHDOC PROCUREMENT AGREEMENT NUMBER: P-09-331 -K Sequoia Car Wash July 15, 2009 Page 3 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 or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the 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 Liability 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. 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 signs and 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 G:\PUBLIC\CONTRACTS & EXTRACTSWW-09-331-K SEQUOIA CAR WASH.DOC PROCUREMENT AGREEMENT NUMBER: P-09-331 -K Sequoia Car Wash July 15, 2009 Page 4 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. 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. G:\PUBLIC\CONTRACTS 8 EXTRACTSW-09-331-K SEQUOIA CAR WASH.DOC PROCUREMENT AGREEMENT NUMBER: P-09-331 -K Sequoia Car Wash July 15,2009 Page 5 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 Jeannine L. Geare, Buyer I, at (559) 456-71 10 or FAX at (559) 456-7831. FOR THE COUNTY OF FRESNO ~ufchasin~ Supervisor 4525 East Hamilton Avenue Fresno. CA 93702-4599 - Date: KAV: JLG CONTRACTOR TO COMPLETE: Company: 5fq~ot~ C~A ~k5h LC. Type of Entity: Individual 17 Limited Liability Company 17 Sole Proprietorship Corporation 17 Limited Liability Partnership 17 General Partnership Signed by: . R\ehar& 'k U~LL 453&2/4 PP~S ,den+ 7-a3 -09 Print Name and Tie Date (H~I;) Y~O r4cademy Ave Sarqer, CQ. 93 657 Address City State Zip ACCOUNTING USE ONLY ORG No.: 31 11 1229 Account No.: 7205 Requisition No.: 31 19004254 (1 0/08) G:\PUBLIC\CONTRACTS 8 EXTRACTSW-09331-K SEQUOIA CAR WASHDOC PROCUREMENT AGREEMENT NUMBER: P-09-331-K Sequoia Car Wash July 15, 2009 SERVICES: Exterior Only Car Pick-Up VanISUV Full Service - No Wax Car Pick-Up VanISUV Sham~oollnterior Cleaning * Car Pick-Up VanISUV Location: 440 Academy Avenue, Sanger, CA 93657 * ADDITIONAL SERVICES DESCRIPTION VEHICLE Attachment Page 1 of 2 Exterior Only: Prep, Wash, Undercarriage Rinse, CarlPick- Triple Polish, Hand Towel Dry Exterior U pNan1SUV Exterior Only: Prep, Wash, Undercarriage Rinse, Triple Polish, Rain-X Hand Towel Dry Exterior ExteriorlFull Service: Excess Mud Removal CarlPick- U pNanlSUV CarlPick- U pNanlSUV *SERVICE RATE SERVICE RATE G:\PUBLIC\CONTRACTS 8 EXTRACTSW-09-331-K SEQUOIA CAR WASH.DOC PROCUREMENT AGREEMENT NUMBER: P-09331-K Sequoia Car Wash July 15, 2009 DESCRIPTION VEHICLE Shampoollnterior Cleaning (1) All flooring, seating Car and door panel surfaces Pick-Up VanISUV Attachment Page 2 of 2 Interior Cleaning (I) UpholsterylDoor Panel Surfaces only ------ Interior Cleaning (I) Flooring-CarpetslRubber Surfaces only Car Pick*- VanISUV Pick-Up Car Pick-Up Tar, Gum and Debris Removal All Price based on quantity of tar, gum and debris; to be quoted prior to authorization by County Contact. SERVICE RATE $99.90 $79.90 $1 19.90 $49.95 - $39.95 $59.95 $1 5.95 $49.95 $39.95 $59.95 $29.95 - $69.95 Hand Wash: Includes Prep, Hand Wash, Interior 1 Ton and 1 % $29.95 - $49.95 Vacuuming, Glean all Windows, Interior Surfaces Ton (Dually) up wiped, Door Jams Wiped, Running Boards wiped (if to 9'3" height applicable), Hand-Towel Dry. clearance Price based on degree of cleanliness; to be quoted prior to authorization by County Contact. (1) Dry Vapor cleaned and sterilized in lieu of shampoo process. XtlntpL nmymthorize ~~oml serpicsto3epei%otTKK All axd ition3 servksm~t be approved by Fleet Services or the Sheriff Department prior to the requested service. The County telephone number will be printed on the "Car Wash Sheet". Upon approval of additional services, enter the name of the County personnel authorizing the service. The County will provide the contracted vendor(s) with a list of personnel who can authorize additional services. Additional services include shampoo/interior cleaning, etc. NON-AUTHORIZED SERVICES: The County will not pay for any unauthorized service(s). The County will not pay, under any circumstances, for vehicle air fresheners, sprays, or hang-on devices. COUNTY CONTACT: Sheriff: Sgt. Tony Garcia, (559) 488-3385 tonv.crarcia@fresnosheriff.orq Fleet Services: Dennis Kerns, (559) 456-751 6 dkerns@co.fresno.ca.us G:\PUBLIC\CONTRACTS & EXTRACTSW-09-331-K SEQUOIA CAR WASH.DOC