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HomeMy WebLinkAbout26006COUNTY OF FRESNO DATE: 3/30/2010 THIS EXTFUCT IS FOR REFERENCE AND INFORMA TIONAL PURPOSES ONLY. ALL BUSINESS AND MANAGEMENT DECISIONS HUST BE GOVERNED BY ME UNDERLYING CONTRACT. ANY WESTIONS MUST INCLUDE JtiE CONTRACT NUMBER AND BE- r TO THE COUNTY3 PURCHASING OFFICE A TA567110. .- . . ,. CONTRACT NUMBER: P-10-0984 VENDOR NUMBER 0000008999 ... CONTRACT TITLE: Access Devices NAME I ADDRESS Clark Securii Fmducts 1107 Terminal Street CONTRACTPERIOD: 3/1Y2010 th~ 311412013 zwEMULm W. Sacramento, CA 95691 USING AGENCIES: Facility Selvices, Ubrary TERMS: Net 45 Days MUVERY TERMS: Destination DELIVERY TIME: BUYER: G-cre4gJ.Nii CONTRACT VALUE: $2U,000.00 Annual Estimate LOCATION: Various REPRESENTATIVE: Joel Simpao TELEPHONE: (916) 372iX3J FAX: (916) 372-7007 E-MAIL: Joel.Simpao@clark~~~u~.rn BOARDMROUWSTATE WNlRACT NO: REQUISITION NO'S: 1321001075 ~.w ocancelm ~d*a# ~enaval short~m nm ~1MmM12 .: -.. .+A -:$ : OAd~~djurtmenl Evqm Code 4.W .. .- a2 -' .-.<a . .. t. nuon KIM REPORTS:N~~~ . . ,. . -.> . .. Org: 8935 SuDersedes COMMODITIES, SERVICES OR MAINTENANCE COVERED UNDER MIS ACTION: For the purchase of Access Devices used at various County lmtions. SPEW CONIWTDNS FOR WE: 'AUTOMATIC RENEWAL: In the absence of notification fmm vendor to Purchasing, or instructions fmm Carnty deparbnent to Purdw!sing, this Agreement will automatically renew for one year on March 15,201 1 and March 15,2012. Countv of Fresno COUNTY ADMINISTRATIVE OFFICE GENERAL SERVICES ARPl K. APKARIAN DEPUTY DIRECTOR PROCUREMENT AGREEMENT Agreement Number P-10-098-G March 5, a10 Clark Security Products 1 107 Terminal Street W. Sacramento, CA 95691 The County of Fresno (County) hereby contracts with Clark Security Products (Contractor) to purchase access devices in accordance with Attachment 'A", attached and by this reference made a part hereof. TERM: This Agreement shall become effective March 15, 2010 and shall remain in effect - through March 14,201 1. 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 two (2). MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. - --- ORDERS: Orders will be placed on an as-needed basis by various County departments under this contract. 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. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. 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 4525 East Hamilton Avenue / Fresno, California 93702-4599 / Phone (559) 456-7110 / Fax (559) 456-7831 Equal Employment Opportunity - Afilrmatlw Action Dlsabled Employer PROCUREMENT AGREEMENT NUMBER: P-10-0986 Clark Security Products March 5,201 0 Page 2 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 invoicina instructions included in each order referencina this Aareement. The Agreement number mist appear on all shipping documents and invoices. lnioice terms shall be Net 45 Days. 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 aid 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 here~n 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. 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, PROCUREMENT AGREEMENT NUMBER: P-10-0984 Clafk Security Products March 5,2010 Page 3 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 lnsurance with limits for bodily injury of not less than Two Hundred Fiftv Thousand Dollars ($250.000.001 per person. Five Hundred Thousand Dollars ($500,000.00) per accident and for proper$ 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. Professional Liability If Contractor employs licensed professional staff, (cg., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. 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 I County of Fresno, its officers, agents, and employees, individually and collectively, as additional insureb, but only insofar as the operations underthis reem em en tare 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+rqsn&bffimrs, mnts and employees 7 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 ~nsofar 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. PROCUREMENT AGREEMENT NUMBER: P-10-098-G Clark Security Products March 5,2010 Page 4 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 AFSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed bv Contractor under this Aareement, it is mutuallv understood and aareed that Contractor. including any and all of c&tractorvs officers, agents, and employee;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 beneffis. 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 patty 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 undefstadinga~fa~y-natwe whab-t ~~~i&ki~~eement. 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"); (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. G:\RBUnOXlWX & ~\W-IB~-G CLeRK SBliUM.mC PROCUREMENT AGREEMENT NUMBER: P-10-0984 ~laik Security Products March 5,2010 Page 5 Please refer any inquiries in this matter to Craig Nickel, Buyer Ill, at (559) 456-71 10 or FAX at (559) 456-7831. FOR THE COUNTY OF FRESNO 0 nneth A. Vona Purchasing Supervisor 4525 East Hamilton Avenue Fresno, CA 93702-4599 Date: 3/f/~~/O KAV:CJN CONTRACTOR TO COMPLETE: Company: Cbk Seo~;tSy Q&& LC Type of Entity: Individual Limited Liability Company iJ Sole Proprietorship Limited Liability Partnership )Ed~orporation General Partnership Sabs ~yb- Print Name and Tide U Date Address Qf. w- S~rn~/leyt30 Address City 4sm1 State Zip ('3141 332-&30 TELEPHONE NUMBER ACCOUNTING USE ONLY ORG No.: 8935 Account No.: 7220 Requisition No.: 1321 001 075 (1 0108) I PR~CUREMENT AGREEMENT NUMBER: P-10-098-6 Attachment Page 1 of 1 Clark Security Products March 5,2010 SUPPLIES ITEM DISCOUNT Alarm Lock Alarm Lock Trilogy Locks Alarm Lock Parts American Padlock 501 5% Off List 10% Off Dealer 40% Off Dealer 42% Off List Belwith Falcon Folger Adams - (Non-Detention Products) -.- .-+;. - :- --c- -rr - ,- -^---- - 50% Off List 50% Off List 40% Off List Kwikset I Titan Kwikset Parts I Kits LCN Closers Master Norton Closers Schlage Locks 501 5% Off List 40% Off List 50% Off List 40% Off List 50% Off List 501 3% Off List :.zn Von Duprin Devices1 Strikes Weiser Locks Weiser Parts 50% Off List . . 501 5% Off List .a <. 50% Off List