HomeMy WebLinkAboutP-22-168 Blake Ricken Cattle Co..pdf coU County of Fresno
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LICENSE AGREEMENT
Agreement Number P-22-168
May 16, 2022
Blake Ricken Cattle Co
15400 E. Weldon Ave.
Sanger, CA 93657
The County of Fresno (County) hereby issues a license to Blake Ricken Cattle Co. (Licensee)for the use of
Kings River Green Belt Park as a grazing area, in exchange for weed control and the payment of Five
Thousand Dollars and Forty Cents ($5,000.40) annually in accordance with the text of this agreement and
Attachment"A", by this reference made a part hereof.
TERM: This Agreement shall become effective May 16, 2022 and shall remain in effect through May 15,
2025.
EXTENSION: This Agreement may be extended for two (2) additional one (1)year periods by the mutual
written consent of all parties.
OBLIGATIONS OF THE PARTIES: The parties shall perform their respective obligation, as set forth in
Attachment"A".
PRICES: Prices shall be firm for the contract period.
COMPENSATION: The Licensee agrees to pay the County of Fresno and the Licensee agrees to perform
the services described herein for the amount of Five Thousand Dollars and Forty Cents ($5,000.40).
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.
TERMINATION: The County or Licensee has the right to terminate this Agreement upon ninety(90)days
written notice. In the event of such termination, the Licensee shall pay for satisfactory services or supplies
provided to the date of termination.
LAWS AND REGULATIONS: The Licensee shall comply with all laws, rules, and regulations whether they
be Federal, State, or municipal, which may be applicable to Licensee'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 Licensee 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
333 W. Pontiac Way,Clovis,CA 93612/(559)600-7110
The County of Fresno is an Equal Employment Opportunity Employer
PROCUREMENT AGREEMENT NUMBER: P-22-168 Page 2
Blake Ricken Cattle Co.
May 16, 2022
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 Licensee agrees to:
Pay all claims for damage to property in any manner arising from Licensee'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 (including
attorney's fees and costs), causes of action, claims or judgments resulting out of or in any way connected
with Licensee's performance or failure to perform by Licensee, its agents, officers or employees under this
Agreement, and from any and all costs and expenses (including attorney's fees and costs), 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 Licensee, its officers, agents, or employees under this
Agreement.
INSURANCE: Without limiting the COUNTY's right to obtain indemnification from LICENSEE or any third
parties, LICENSEE, 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 Two
Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars
($4,000,000.00). 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 of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should
include any auto used in connection with this Agreement.
C. Professional Liability: If Licensee employs licensed professional staff, (e.g., 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.
Additional Requirements Relating to Insurance:
Licensee 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 Licensee's
policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30)days
advance written notice given to County.
Licensee hereby waives its right to recover from County, its officers, agents, and employees any amounts
paid by the policy of worker's compensation insurance required by this Agreement. Licensee is solely
responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of
subrogation, but Licensee's waiver of subrogation under this paragraph is effective whether or not Licensee
obtains such an endorsement.
Within Thirty (30)days from the date Licensee signs and executes this Agreement, Licensee shall provide
certificates of insurance and endorsement as stated above for all of the foregoing policies, as required
herein, to the County of Fresno, Dept. of Public Works - Parks Attn: Parks & Grounds, 2220 Tulare
Street, 6t" Floor, Fresno, CA 93721, stating that such insurance coverage have been obtained and are in
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RICKEN CATTLE CO MO(
PROCUREMENT AGREEMENT NUMBER: P-22-168 Page 3
Blake Ricken Cattle Co.
May 16, 2022
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 Licensee'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. Certificates of Insurance are to include the contract number at
the top of the first page.
In the event Licensee 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.
COMING ON COUNTY PROPERTY TO DO WORK: Licensee 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 by Licensee
under this Agreement, it is mutually understood and agreed that Licensee, including any and all of Licensee's
officers, agents, and employees will at all times be acting and performing as an independent Licensee, 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 Licensee shall perform its work and function. However, County shall retain the
right to administer this Agreement so as to verify that Licensee is performing its obligations in accordance
with the terms and conditions thereof. Licensee 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 Licensee, Licensee shall have absolutely no right to employment
rights and benefits available to County employees. Licensee shall be solely liable and responsible for
providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Licensee shall
be solely responsible and save County harmless from all matters relating to payment of Licensee'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, Licensee 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 Licensee 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 Licensee'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.
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PROCUREMENT AGREEMENT NUMBER: P-22-168 Page 4
Blake Ricken Cattle Co.
May 16, 2022
ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic
signature as provided in this section.
A. An "electronic signature" means any symbol or process intended by an individual signing this Agreement
to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an
original handwritten signature; or(3) an electronically scanned and transmitted (for example by PDF
document) of a handwritten signature.
B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid
original handwritten signature of the person signing this Agreement for all purposes, including but not
limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and
effect as the valid original handwritten signature of that person.
C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in
the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section
1633.1).
D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of
Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each other
party may rely upon that representation.
This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means
and either party may sign this Agreement with an original handwritten signature.
Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or
USPS.
Please refer any inquiries in this matter to, Chanvathei Lonh, at (559) 600-7119 or
clonh(a-)fresnocountyca.gov .
FOR THE COUNTY OF FRESNO
Digitally signed by Gary Cornuelle
Gary C O rn U e I I e Date:2022.06.06 13:38:31 -07'00'
Gary E. Cornuelle
Purchasing Manager
333 W. Pontiac Way
Clovis, CA 93612
GEC:CL:
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RICKEN CATTLE CO MO(
PROCUREMENT AGREEMENT NUMBER: P-22-168 Page 5
Blake Ricken Cattle Co.
May 16,2022
LICENSEE TO COMPLETE:
Company: ( (�K C:-;� I C,(. e
Type of Entity:
,9 Individual ❑ Limited Liability Company
❑ Sole Proprietorship ❑ Limited Liability Partnership
❑ Corporation ❑ General Partnership
1S `-f O C7 (oel C� on 5a#-V5Q rr 0 - `13�oS�
Address City State Zip
5759 -28? -&eq6, Wakzticker\@
TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS
Print Name&
Title: Print Name&Title:
Signature: Signature:
ACCOUNTING USE ONLY
ORG No.: 7910
Account No.: 7295
Requisition No.: 9102000064
(09/2021)
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RICKEN CATTLE CO.DDOC
PROCUREMENT AGREEMENT NUMBER: P-22-168 Attachment Page 1 of 2
Blake Ricken Cattle Co.
May 16, 2022
ATTACHMENT 'A"
Cattle Grazing at Kings River Green Belt Park
Kings River Green Belt Park is an undeveloped park located along the Kings River on
Piedra Road. The 139 acre park consists of grazing land and an abundance of trees
bordering the Kings River.
The park is currently leased for cattle grazing annually. There are no camping or picnic
areas. There is fishing access and a small parking lot for fishermen.
Licensee's Responsibilities
Licensee will be responsible for the repair and replacement of the fencing around Green
Belt Park.
To prevent overgrazing of the property, Licensee will be permitted to graze an average
of 15 cow/calf pairs annually on the 139 acre lower portion of Green Belt Park. As
Green Belt Park has both winter and summer grasses available to support cattle,
Licensee will be permitted to keep an average of 15 cows on the property year-round.
By having cows graze year-round, the spread of invasive weeds like the Yellow Star
Thistle, wild blackberries, etc. will be minimized. Another positive benefit to year-round
grazing will be the reduction of fire hazards, which currently is a problem in the park.
Bulls will not be permitted on the Green Belt Park property.
Licensee will be responsible for monitoring his/her cattle and to assure the subject
property is not overgrazed. Licensee will also be responsible for evaluating the
condition of the fences and assuring all fencing adequately contains cattle.
Continued River Access to Fishermen
Green Belt Park is shared with local fishermen and local non-profit fishing groups.
Licensee will permit fishermen ready access to the Kings River and will not interfere
with the fishing area and parking lot. Licensee will also place and maintain a garbage
can at the parking lot.
Licensee will be responsible for keeping the main gate locked and will provide the
combination or an extra key to the Fresno County Parks Manager.
The County will provide water for the cattle where water is available.
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PROCUREMENT AGREEMENT NUMBER: P-22-168 Attachment Page 2 of 2
Blake Ricken Cattle Co.
May 16, 2022
ATTACHMENT 'A"
Price Per Animal Unit Months (AUM) $27.78
Animal Unit Months (AUM) Per Year 180 (15 pairs x 12 months)
Annual price $5,000.40
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RICKEN CATTLE CO.DOCX