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Home My WebLink AboutP-22-298 RR Brink Locking Systems Inc._.pdf coU County of Fresno INTERNAL SERVICES DEPARTMENT Facilities• Fleet• Graphics• Purchasing •Security•Technology p� 156�p �RV,47 PROCUREMENT AGREEMENT Agreement Number P-22-298 August 3, 2022 RR Brink Locking Systems, Inc. 500 Earl Road Shorewood, IL 60404 The County of Fresno (County) hereby contracts with RR Brink Locking Systems, Inc. (Contractor)to provide high-security and detention grade locks and related parts in accordance with the text of this agreement, and the Attachment"A". TERM: This Agreement shall become effective September 1, 2022 and shall remain in effect through August 31, 2024. EXTENSION: This Agreement may be extended for three (3) additional one (1)year periods by the mutual written consent of all parties. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment"A" attached, at the rates set forth in Attachment"A". ORDERS: Orders will be placed on an as-needed basis by The County of Fresno Internal Services Department under this contract. PRICES: Prices shall be firm for the contract period. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of Three Hundred Thousand Dollars ($300,000.00). 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 Shorewood, IL. 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/services 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. 333 W. Pontiac Way,Clovis,CA 93612/(559)600-7110 *The County of Fresno is an Equal Employment Opportunity Employer PROCUREMENT AGREEMENT NUMBER: P-22-298 Page 2 RR Brink Locking Systems, Inc. August 3, 2022 INVOICING: An itemized invoice shall be sent 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. INVOICE TERMS: Net forty-five (45) days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30)days 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 (including attorney's fees and costs), 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, 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 Contractor, its officers, agents, 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. B. Automobile Liability: Comprehensive Automobile Liability Insurance with combined single limit of not less than One Million Dollars ($1,000,000.00). Coverage should include any auto used in connection with 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. G:\PUBLIC\CONTRACTS&EXTRACTS\2022 CONTRACTS\P-22-298 RR BRINK LOCKING SYSTEMS, INC\CONTRACTS AND AMENDMENTS\P-22-298 RR BRINK LOCKING SYSTEMS, INC. .DOCX PROCUREMENT AGREEMENT NUMBER: P-22-298 Page 3 RR Brink Locking Systems, Inc. August 3, 2022 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. 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.. Please refer any inquiries in this matter to Crystal Nino, Purchasing Technician II, at 559-600-7113 or cnino@fresnocountyca.gov. FOR THE COUNTY OF FRESNO Digitally signed by Gary Cornuelle Gary O rn U e I I e Date:2022.08.18 13:51:03-07'00' Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:cn G:\PUBLIC\CONTRACTS&EXTRACTS\2022 CONTRACTS\P-22-298 RR BRINK LOCKING SYSTEMS, INC\CONTRACTS AND AMENDMENTS\P-22-298 RR BRINK LOCKING SYSTEMS, INC. .DOCX PROCUREMENT AGREEMENT NUMBER: P-22-298 Page 4 RR Brink Locking Systems, Inc. August 3,2022 CONTRACTOR TO COMPLETE: Company: R.R. Brink Locking Systems. Inc. Type of Entity: ❑ Individual ❑ Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership a Corporation ❑ General Partnership 500 Ead Rd. Shorewood, IL 60404 Address City State Zip (815)744-7000 (815)744-7020 abensonDrrbrink.com TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name& y Title: Am Benson/SecretaryPrint Name &Title: m Digitally signed by Amy Benson AI I ly Benson Date:2022.08.0415:52:19 Signature: -0600, Signature: ACCOUNTING USE ONLY ORG No.: 8935 Account No.: 7220 Requisition No.: 1322301023 (06/2022) G:\PUBLIC\CONTRACTS&EXTRACTS\2022 CONTRACTS\P-22-298 RR BRINK LOOKING SYSTEMS, INK\CONTRACrs AND AMENDMENTS\P-22-298 RR BRINK LOCKING SYSTEMS, INC. .D000 PROCUREMENT AGREEMENT NUMBER: P-22-298 Attachment Page 1 of 1 RR Brink Locking Systems, Inc. August 3, 2022 A TTACHMENT "A " Locks and parts 25% Off List Price Cut keys 25% Off List Price Hourly rate for repairs $110.00 Minimum order amount $50.00 Shipping charges on all orders will be pre-paid and added to the invoice. All orders are to be faxed or e-mailed (no phone orders). Returned locks will require a return order number. Call Customer Service at (815) 773-1244, Mike or Pat (815) 773-1235. G:\PUBLIC\CONTRACTS&EXTRACTS\2022 CONTRACTS\P-22-298 RR BRINK LOCKING SYSTEMS, INC\CONTRACTS AND AMENDMENTS\P-22- 298 RR BRINK LOCKING SYSTEMS, INC. .DOCX