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HomeMy WebLinkAbout20-252TownhouseMotelSangercorrectedv3.pdf333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 * The County of Fresno is an Equal Employment Opportunity Employer * County of Fresno INTERNAL SERVICES DEPARTMENT Facilities • Fleet • Graphics • Purchasing • Security • Technology PROCUREMENT AGREEMENT Agreement Number P-20-252 June 30, 2020 Townhouse Motel 1308 Church Avenue Sanger, CA 93657 The County of Fresno (County) hereby contracts with Townhouse Motel (Contractor) to provide motel rooms for homeless due to CoVID 19 pandemic in accordance with the text of this agreement, Attachment A and Attachment B by this reference made a part hereof. TERM: This Agreement shall become effective June 29, 2020 and shall remain in effect through December 29, 2020. 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 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 Ninety-eight thousand dollars ($198,000.00). 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. Page 2 PROCUREMENT AGREEMENT NUMBER: P-20-252 Townhouse Motel June 29, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-252 TOWNHOUSE MOTEL SANGER\20-252 TOWNHOUSE MOTEL SANGER CORRECTED.DOCX 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. 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 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 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 Contractor 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: Page 3 PROCUREMENT AGREEMENT NUMBER: P-20-252 Townhouse Motel June 29, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-252 TOWNHOUSE MOTEL SANGER\20-252 TOWNHOUSE MOTEL SANGER CORRECTED.DOCX 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. Contractor 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. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. 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, Deanna Wallis, mwallis@fresnocountyca.gov , 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 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 Insurance 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 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 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. Page 4 PROCUREMENT AGREEMENT NUMBER: P-20-252 Townhouse Motel June 29, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-252 TOWNHOUSE MOTEL SANGER\20-252 TOWNHOUSE MOTEL SANGER CORRECTED.DOCX 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. 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 B), (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 this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Louann M Jones, Purchasing Analyst III, at 559.600.7118 or ljones@fresnocountyca.gov FOR THE COUNTY OF FRESNO Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:lmj Page 5 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-252 TOWNHOUSE MOTEL SANGER\20-252 TOWNHOUSE MOTEL SANGER CORRECTED.DOCX PROCUREMENT AGREEMENT NUMBER: P-20-252 Townhouse Motel June 29, 2020 CONTRACTOR TO COMPLETE: Company: Type of Entity: Individual Limited Liability Company Sole Proprietorship Limited Liability Partnership Corporation General Partnership Address City State Zip TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Title: Print Name & Title: Signature: Signature: ACCOUNTING USE ONLY ORG No.: 56107300 Account No.: 7870 Requisition No.: 5612100019 (01/2020) PROCUREMENT AGREEMENT NUMBER: P-20-251 Page 6 Townhouse Motel June 29, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-252 TOWNHOUSE MOTEL SANGER\20-252 TOWNHOUSE MOTEL SANGER CORRECTED.DOCX ATTACHMENT A PROCUREMENT AGREEMENT NUMBER: P-20-251 Page 7 Townhouse Motel June 29, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-252 TOWNHOUSE MOTEL SANGER\20-252 TOWNHOUSE MOTEL SANGER CORRECTED.DOCX ATTACHMENT B Board of Supervisors Agenda - Final Buddy Mendes, 4th District, Chairman Steve Brandau, 2nd District, Vice- Chairman Brian Pacheco, 1st District Sal Quintero, 3rd District Nathan Magsig, 5th District Jean M. Rousseau, County Administrative Officer Daniel C. Cederborg, County Counsel Bernice E. Seidel, Clerk of the Board of Supervisors Hall of Records, Room 301 2281 Tulare Street Fresno, California 93721-2198 Telephone: (559) 600-3529 Toll Free: 1-800-742-1011 www.co.fresno.ca.us Tuesday, March 17, 2020 10:00 AM Hall of Records Special Meeting PROGRAM ACCESSIBILITY AND ACCOMMODATIONS: The Americans with Disabilities Act (ADA) Title II covers the programs, services, activities and facilities owned or operated by state and local governments like the County of Fresno ("County"). Further, the County promotes equality of opportunity and full participation by all persons, including persons with disabilities. Towards this end, the County works to ensure that it provides meaningful access to people with disabilities to every program, service, benefit, and activity, when viewed in its entirety. Similarly, the County also works to ensure that its operated or owned facilities that are open to the public provide meaningful access to people with disabilities. PROCUREMENT AGREEMENT NUMBER: P-20-251 Page 8 Townhouse Motel June 29, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-252 TOWNHOUSE MOTEL SANGER\20-252 TOWNHOUSE MOTEL SANGER CORRECTED.DOCX To help ensure this meaningful access, the County will reasonably modify policies/procedures and provide auxiliary aids/services to persons with disabilities. If, as an attendee or participant at the meeting, you need additional accommodations such as an American Sign Language (ASL) interpreter, an assistive listening device, large print material, electronic materials, Braille materials, or taped materials, please contact the Clerk of the Board of Supervisors staff, as soon as possible during office hours at (559) 600-3529, option 4 or at Clerk/BOS@fresnocountyca.gov. Reasonable requests made at least 48 hours in advance of the meeting will help to ensure accessibility to this meeting. Later requests will be accommodated to the extent reasonably feasible. The Fresno County Board of Supervisors welcomes you to this meeting and encourages your participation. This agenda contains a brief general description of each item to be considered. The number of the item being heard is indicated on the Clerk’s desk. Please see note below regarding consent agenda items. The Chairman will call for public testimony as each item is heard. If you wish to speak to an individual item please step to the podium during this time period and state your name for the record. If you wish to speak on a matter which does not appear on the agenda, you may do so during the Public Presentation period at the end of the regular session. All supporting documentation is available for public review in the office of the Clerk of the Board of Supervisors located in the Hall of Records building, 2281 Tulare Street, Room 301, Fresno, 93721 during regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Friday. Agenda items are also available online at: County of Fresno Page 1 The County of Fresno is an Equal Employment Opportunity Employer Printed on 3/17/2020 Board of Supervisors Agenda - Final March 17, 2020 http://fresnocounty.legistar.com. Invocation and Pledge of Allegiance Board of Supervisors 1.Approve Agenda Administrative Office 2.Adopt Resolution proclaiming and ratifying a Local Emergency, due to the imminent and proximate threat of the Novel Coronavirus (COVID-19) 3.Adopt Resolution ratifying the Fresno County Health Officer’s Local Health Emergency, due to the imminent and proximate threat of the Novel Coronavirus (COVID-19) PROCUREMENT AGREEMENT NUMBER: P-20-251 Attachment Page 9 of Townhouse Motel June 30, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-252 TOWNHOUSE MOTEL SANGER\20-252 TOWNHOUSE MOTEL SANGER CORRECTED.DOCX 4.Adopt resolution to fill an Assistant County Administrative Officer position with Extra-Help retiree Juana (Jeannie) Z. Figueroa, part-time, effective March 30, 2020, finding, pursuant to Government Code section 7522.56 (f)(1), that a 180 day separation period for retired employees returning to employment as Extra-Help is not applicable based on your Board certification that the nature of employment and appointment is necessary to fill a critically- needed position before the 180 day separation period Public Presentations 5.Public Presentations - This portion of the meeting reserved for persons desiring to address the Board on any matter not on this agenda - Pursuant to Administrative Policy No. 29, presentations are limited to 3 minutes per person and no more than 15 minutes total per topic Closed Session The public may comment on Closed Session items prior to the Board's recess to Closed Session 6.Conference with Real Property Negotiators - Government Code, Section 54956.8; Property: UMC Campus located at the northeast corner of South Cedar Avenue and East Kings Canyon Road, Fresno, CA; County Negotiator: Jean M. Rousseau, County Administrative Officer or designee. Negotiating Parties: CMG, Inc. Under negotiations: Instructions to County's negotiator may concern sale and lease terms and conditions including price Adjourn NEXT MEETINGS: March 24, 2020 - 9:00 AM April 14, 2020 - 9:00 AM County of Fresno Page 2 Printed on 3/17/2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-252 TOWNHOUSE MOTEL SANGER\20-252 TOWNHOUSE MOTEL SANGER CORRECTED.DOCX