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Home My WebLink AboutP-17-220-S Agreement ABC Laser USA_.pdfCONTRACT INFORMATION SHEET DA TE: 06/08/2017 Contract No.: Contract Title: Contract Period: Using Agencies: Terms: P-17-220-S ABC Laser USA -----July 1, 2017-May 31 , 2020 Department of Social Services Net 45 Day Total Contract Amt.: $165 000 .00 ~-~------- Buyer Name: Darren Howard Requisition No: _5_6_1 _17_0_1_7_5_2 _____ _ Vendor Number: Name/Address: Representative: Phone No.: Email: Bid Reference No.: Org: 56108550 0000269694 ABC Laser USA 6000-G UNITY DRIVE Norcross, GA 30071 Hemant Parikh (770) 448-5867 sale@abclaserusa.com Supersedes: P-13-0 Colv-L [KJ NEW C=:J RENEWAL c====i ADJUSTMENT .__ _ _.I REFERENCE D TICK DATE DESCRIPTION: Cover the purchase of Custom Check Stocks . SPECIAL INSTRUCTIONS: DISTRIBUTION : Completed By : Date: C ompleted By : Date DEPARTMENT: DSS ------- REQUISITIONER : Chris Woods ABC Laser USA 6000-G Unity Drive Norcross, GA. 30071 County of Fresno INTERNAL SERVICES DEPARTMENT ROBERT BASH, DIRECTOR -CIO Facility Services Fleet Services Graphics Information Technology Purchasing Security Telecommunications PROCUREMENT AGREEMENT Agreement Number P-17-220-S May 22, 2017 The County of Fresno (County) hereby contracts with ABC Laser USA (Contractor) to purchase Custom Check Stocks in accordance with the text of this agreement and Attachment "A, by this reference made a part hereof. TERM: This Agreement shall become effective June 1, 2017 and shall remain in effect through May 31, 2020. EXTENSION: This Agreement may be extended for two (2) 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 Department of Social Services under this contract. PRICES : Prices shall be firm for the contract period. Any pricing changes which may take place during the life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no less than thirty (30) days prior to becoming effective. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of One hundred sixty five dollars ($165,000.00). 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 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/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. 4525 E. Hamilton Avenue I Fresno, California 93702-4599 I (559) 600-7110 P~OCUREMENT AGREEMENT NUMBER: P-17-220-S ABC Laser USA May 22, 2017 Page 2 INVOICING: An itemized invoice in duplicate shall be mailed 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 municipa l, which may be applicable to Contractor's bus iness, equipment and personne l 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 th is 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 lim iting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall ma intain 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, Explos ion-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. Professional Liability: If Contractor employs licensed professional staff, (e .g., Ph.D., RN., 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. c: \USERS\M-IOOGES\IJClCUlllENTS\MELUSA I s OOCS\DARREN I s PROCUREMENT AGREEMENT. DOCX PROCUREMENT AGREEMENT NUMBER: P-17-220-S ABC Laser USA May 22, 2017 Page 3 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, Chris Woods, Department of Social Services Facilities, 2nd Floor Stop #109, 2135 Fresno Street, Suite 212, 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 fo r 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 add itional 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. 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: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insu rance with limits of not less than $500,000 per occurrence. 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 venture r , 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-requ ired 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 C: \USERS\MHOOGES\DOCLMENTS\MELLISA ' S DOCS\DARREN' S PROCUREMENT AGREEMENT. IXXX PROCUREMENT AGREEMENT NUMBER: P-17-220-5 ABC Laser USA May 22, 2017 Page4 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. 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 Darren Howard, Purchasing Technician I, at 559-600-7119 or dhoward@co. fresno. ca. us. FOR THE COUNTY OF FRESNO ~e~ Gary~ Purchasing Manager 4525 East Hamilton Avenue Fresno, CA 93702-4599 Date: S J~/tz GEC:DH:mh C: \USERS\MHODGES\OOCLMENTS\MELLISA' S DOCS\DARREN' S PROCUREMENT AGREEMENT. 000< P~OCUREMENT AGREEMENT NUMBER: P-17-220-S ABC Laser USA May 22, 2017 CONTRACTOR TO COMPLETE: Company: .µ C. L.A-Qe t U~ I\ Type of Entity: 0 Individual 0 Sole Proprietorship $Corporation ' S'"'' Print Name and Title ±£.Pa~~ Signature (In Blue Ink}: Print Name and Title Signature (In Blue Ink): Address 0 Limited Liability Company O Limited Liability Partnership 0 General Partnership Date Date Page5 City Gt) 1 uo =t-1 State Zip «A 4Lf r .-~~3--(?O ) 4 4-~ ~ (, 2 S-3 J1AL~S@ a.Jo C .l.L:tLJe __. u-aA-.,es.;'-- TELEPHONE NUMBER FAX NUMBER E-MA1L ADDRESS ACCOUNTING USE ONLY ORG No.: 56108550 Account No.: 7295 Requisition No.: 5611701752 (01/2016) C: \USERS\MHCOGES\OOCLMENTS\MELLISA' S C:X:X::S\DARREN' S PROCUREMENT AGREEMENT. 000< fROCUREMENTAGREEMENTNUMBER:P~7~2~S ABC Laser USA Page 6 May 22, 2017 ITEM Custom Check Stock Form, Pressure/Seal Z-Fold CG Custom Check Stock Form, Pressure/Seal Z-Fold CG SPECIFIC REQUIREMENTS: ORDERING: DELIVERY TIME: A 'TTACHMENT '~" PRODUCT# *UNIT Years COST 8009911 Case/2,000 Years 1-3 blank check $132.00 * 8009911 stocks Case/2,000 blank check stocks Years 4-5 $135.00 * Each check shall include one numerically sequenced standard six-digit red control number on its face . Check stock will be wrapped in heavy gauge plastic, packed in carton and sealed. Check stock shall be packaged two thousand (2,000) per carton. Quantities will range from 20-40 cartons per order, on an as needed basis. 28-42 working days from receipt of order. *The cost per case does not include shipping/freight charges. G:\PUBLIC\CONTRACTS & EXTRACTS\S\P-17-220-S AGREEMENT .DOC