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HomeMy WebLinkAboutP-25-446 Beau Chaney.pdf coU�� County of Fresno GENERAL SERVICES DEPARTMENT Facilities• Fleet• Purchasing•Security O� 1$5O ORES LICENSE AGREEMENT Agreement Number P-25-446 September 18, 2025 Beau Chaney 1322 N Fancher Fresno, CA 93737 The County of Fresno (County) hereby issues a license to Beau Chaney (Licensee)for the use of China Creek Park as a grazing area, in exchange for weed control and the payment of three thousand dollars ($3,000.00)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 September 15, 2026 and shall remain in effect through September 14, 2029. 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 obligations, 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 Three Thousand Dollars ($3,000.00)annually. 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 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. Purchasing Services/333 W Pontiac Way/Clovis, California 93612/(559)600-7110 The County of Fresno is an Equal Employment Opportunity Employer PROCUREMENT AGREEMENT NUMBER: P-25-446 Page 2 Beau Chaney September 18, 2025 LIABILITY: The Licensee agrees to: Pay all claims for damage to property in any manner arising from Licensee's operations under this Agreement. The Licensee shall indemnify and hold harmless and defend the County (including its officers, agents, employees, and volunteers)against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County, the Licensee, or any third party that arise from or relate to the performance or failure to perform by the Licensee (or any of its officers, agents, subcontractors, or employees) under this Agreement. The County may conduct or participate in its own defense without affecting the Licensee's obligation to indemnify and hold harmless or defend the County. 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 throughout the term of the Agreement: Required Policies A. Farm & Ranch Liability. Farm and Ranch liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis. Coverage must include ongoing/completed operations, bodily injury, medical expenses, and property damage. The Licensee shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self-insurance, maintained by the County is excess only and not contributing with insurance provided under the Licensee's policy. B. Automobile Liability. Automobile liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage must include any auto used in connection with this Agreement. C. Workers Compensation. Workers compensation insurance as required by the laws of the State of California with statutory limits. D. Employer's Liability. Employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for disease. E. Pollution Liability. Pollution liability insurance with limits of not less than One Million Dollars ($1,000,000) per claim. Additional Requirements A. Verification of Coverage. Prior to commencement of services, and at any time during the term of this Agreement as requested by the County, the Licensee shall deliver, or cause its broker or producer to deliver, to County of Fresno, Department of Public Works and Planning, Resources Division, 2220 Tulare St, 6t" Floor, Fresno, CA 93721, and by mail or email to the person identified to receive notices under this Agreement, certificates of insurance and endorsements for all of the coverages required under this Agreement. B. Acceptability of Insurers. All insurance policies required under this Agreement must be issued by admitted insurers licensed to do business in the State of California and possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VII. C. Notice of Cancellation or Change. For each insurance policy required under this Agreement, the Licensee shall provide to the County, or ensure that the policy requires the insurer to provide to the County, written notice of any cancellation or change in the policy as required in this paragraph. For cancellation of the policy for nonpayment of premium, the Licensee shall, or shall cause the insurer to, provide written notice to the County not less than 10 days in advance of cancellation. For cancellation of the policy for any other reason, and for any other change to the policy, the Licensee P-25-446 Beau Chaney PROCUREMENT AGREEMENT NUMBER: P-25-446 Page 3 Beau Chaney September 18, 2025 shall, or shall cause the insurer to, provide written notice to the County not less than 30 days in advance of cancellation or change. The County in its sole discretion may determine that the failure of the Licensee or its insurer to timely provide a written notice required by this paragraph is a breach of this Agreement. D. County's Entitlement to Greater Coverage. If the Contractor has or obtains insurance with broader coverage, higher limits, or both, than what is required under this Agreement, then the County requires and is entitled to the broader coverage, higher limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer to deliver, to the County's Risk Manager certificates of insurance and endorsements for all of the coverages that have such broader coverage, higher limits, or both, as required under this Agreement. E. Waivers of Subrogation. The Licensee waives any right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under any insurance policy required by this Agreement. The Licensee is solely responsible to obtain any policy endorsement that may be necessary to accomplish that waiver, but the Licensee's waiver of subrogation under this paragraph is effective whether or not the Licensee obtains such an endorsement. F. County's Remedy for Contractor's Failure to Maintain. If the Licensee fails to keep in effect at all times any insurance coverage required under this Agreement, the County may, in addition to any other remedies it may have, suspend or terminate this Agreement upon the occurrence of that failure, or purchase such insurance coverage, and charge the cost of that coverage to the Licensee. The County may offset such charges against any amounts owed by the County to the Licensee under this Agreement. G. Subcontractors. The Licensee shall require and verify that all subcontractors used by the Licensee to provide services under this Agreement maintain insurance meeting all insurance requirements provided in this Agreement. This paragraph does not authorize the Licensee to provide services under this Agreement using subcontractors. 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, 6th Floor, Fresno, CA 93721, 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 Licensee's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)days P-25-446 Beau Chaney PROCUREMENT AGREEMENT NUMBER: P-25-446 Page 4 Beau Chaney September 18, 2025 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. 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. P-25-446 Beau Chaney PROCUREMENT AGREEMENT NUMBER: P-25-446 Page 5 Beau Chaney September 18, 2025 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, Purchasing Analyst, at(559) 600-7110 or CLONH(a-FresnoCountyCA.gov . FOR THE COUNTY OF FRESNO ligiticur Riley Blackburn Dateal 025.09.22ly signedy14:14:Riley28a0T00n Riley Blackburn Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 P-25-446 Beau Chaney PROCUREMENT AGREEMENT NUMBER: P-25-446 Page 6 Beau Chaney September 18, 2025 CONTRACTOR TO COMPLETE: Company: Beau Chaney Type of Entity: ❑ Individual ❑ Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership ❑ Corporation ❑ General Partnership 1322 n fancher Fresno Ca 93737 Address City State Zip 5592502767 Minicattle@yahoo.com TELEPHONE NUMBER FAX NUMBER E-MAILADDRESS Print Name & Beau Chaney Title: Print Name &Title: Signature: �h�j' Signature: ACCOUNTING USE ONLY ORG No.: 7910 Account No.: 7295 Requisition No.: 9102600031 (7/2024) P-25-446 Beau Chaney PROCUREMENT AGREEMENT NUMBER: P-25-446 Attachment Page 1 of 3 Beau Chaney September 18, 2025 ATTACHMENT 'A" Scope of Work Cattle Grazing at China Creek Park China Creek is a 120-acre undeveloped park. There are two small lakes, a creek, an old bird sanctuary and a trail. China Creek is home to many species of native plants. Of the120 acres, approximately 35 acres can be used for cattle grazing due to the County's and the California Native Plants Society's (CNPS) desire to preserve young oaks, willows and other native species of plants. The California Native Plant Society (CNPS) cares for the park by managing invasive plant growth. In the past, cattle grazing has been used, at certain times of the year, to help manage weed growth. Successful Bidder's Responsibilities The successful bidder will be responsible for the repair and replacement of the fencing around China Creek Park. The most responsive, responsible bidder with the highest bid will be awarded the agreement. To assure against overgrazing of the subject area, approximately 30 cows —a combination of cow and calves and dry cows — will be permitted to graze on a monthly basis. As has been previously indicated, overgrazing of this area is of great concern to the County and CNPS. As such, the average number of grazing days permitted annually over the past five years has been approximately 160. By having cows graze, the spread of invasive weeds like the Yellow Star Thistle, wild blackberries, etc. will be minimized. Another positive benefit to grazing will be the reduction of fire hazards, which currently is a problem in the park. Bulls will not be permitted on the China Creek Park property. The successful bidder will be responsible for monitoring his/her cattle and to assure the subject property is not overgrazed. The successful bidder will also be responsible for evaluating the condition of the fences and assuring all fencing adequately contains cattle. Continued River Access to Fishermen China Creek Park is shared with local fishermen and local non-profit fishing groups. The successful bidder will permit fishermen ready access to the Kings River and will not interfere with the fishing area and park access. Cooperate with CNPS and Various Groups Utilizing the Site With permission from the County, CNPS, King River Conservancy (KRC), King River Conservation District (KRCD), Sierra Resource Conservation District (SRCD) and various other entities have an interest in protecting and preserving native species, invasive species removal, habitat restoration, and provide education. The successful P-25-446 Beau Chaney PROCUREMENT AGREEMENT NUMBER: P-25-446 Attachment Page 2 of 3 Beau Chaney September 18, 2025 bidder will permit these entities access to the park and not interfere with their work. The successful bidder will be responsible for keeping the main gate locked and will provide the combination or an extra key to the Fresno County Parks Manager. Other Responsibilities: 1. Cooperate with CNPS in timing the introduction and withdrawal of cattle (vital to the effectiveness of grazing for Yellow Star Thistle control) even if it limits them to a short grazing season. 2. At vendor's expense, maintain fences and gates. 3. Cooperate with CNPS in protecting native oaks, elderberries, and other sensitive plants from cattle, providing appropriate fencing, etc. 4. Periodically treat non-native invasive plants: Yellow Star Thistle, Milk Thistle, Bull Thistle, etc. with safe and appropriate chemicals. Mow when appropriate. 5. Provide only cow/calf pairs for grazing (no bulls). 6. Periodically move cattle between the two (north and south) grazing areas to prevent overgrazing. 7. Cooperate with CNPS in efforts to restore native grasses and other natives to grazing areas. 8. Do nothing that would deny access to grazing areas for CNPS members or the general public. 9. Restrict vehicle travel during cattle operations to existing service roads, except when spraying or mowing. P-25-446 Beau Chaney PROCUREMENT AGREEMENT NUMBER: P-25-446 Attachment Page 3 of 3 Beau Chaney September 18, 2025 QUOTA TION SCHEDULE Beau Chaney (559) 250-2767 or (559) 301-1613. Please provide, in the table below, the price per Animal Unit Months (AUM) and approximate quantity based on historical usage (example: $15 AUM x 60 AUM= $900.00/year). Price per Animal Unit Months (AUM): $600.00 Approximate Animal Unit Months (AUM) per year: 5 Approximate Annual price based on the figures above: $3000.00 P-25-446 Beau Chaney