HomeMy WebLinkAbout28680DATE: 10/17/2016
Contract No.:
Contract Title:
Contract Period:
Using Agencies:
Terms:
08/09/201 b -08/08/2019
Various I
Net 45 Daws
Total Contract Ami., $935 oo Lo ~~~~~----------
Buyer Name: Darren HQlvard
Requisition No: __,8:.::::9..=:0~5_,__17:....:0::..::0o::2:...:.1-t1
__________ _
I [KJ NEW
SPECIAL INSTRUCTIONS:
Vendor Number:
Name/Address:
Representative:
Phone No.:
Email:
Bid Reference No.:
Org: 8920
Supersedes:
c====J ADJUSTMENT
DISTRIBUTION: Completed By: Date:
DEPARTMENT: __:G:..:..ra=p:..:.:h:.:..::icsc=__ ___ __
REQUISITIONER: Christopher Campise
0000279996
Veritiv Operating Company
4225 Hacienda Drive
Pleasanton CA 94588
Vincent Clubb
925-227-6005
vincent.clubb@veritivcorp.com
L.....-__ ...... 1 REFERENCE
Completed By: Date
County of Fresno
INTERN AL SERVICES DEPARTMENT
ROBERT BASH, DIRECTOR -CIO
Fac ility Serv ices Fle e t Serv i ces Graphic s
In form a t ion Te c hno l o g y Purc h as ing
Se c urity Tel e communica t ion s
MASTER AGREEMENT
Agreement Number P-16-468-S
August 9, 2016
The County of Fresno (County) hr reby contracts with all vendors listed on Attachment "A" to provide bulk 8 %''
x 11" multi-use copy paper in acc\ordance with the text of this agreement and Attachment "A", by this reference
made a part hereof.
TERM : This Agreement shall be • ome effective August 9, 2016 and shall remain in effect through August 8,
2019 .
EXTENSION : This Agreement J ay be extended for two (2) additional one (1) year periods by the mutual
written consent of all parties.
MINIMUM ORDERS : Unless sta ed otherwise there shall be no minimum order quantity. The County
reserves the right to increase or 9ecrease orders or quantities.
CONTRACTOR'S SERVICES : c \ontractor shall perform the services as described in Attachment "A" attached,
at the rates set forth in Attachme r "A".
ORDERS: Orders will be placed on an as-needed basis by various County departments under this contract.
PRICES: Prices shall be firm for he 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 beco t ng effective.
MAXIMUM: In no event shall se ry ices performed and/or fees paid under this Agreement be in excess of nine
hundred thirty-five thousand dolla rs ($935,000.00).
ADDITIONAL ITEMS: The Count ~ reserves the right to negotiate additional items to this Agreement as
deemed necessary. Such add itions shall be made in writing and signed by both parties.
DELIVERY: The F.O .B. Point sh ~ll be the destination within the County of Fresno. All orders shall be
delivered complete as specified. f ll orders placed before Agreement expiration shall be honored under the
terms and conditions of this Agre l ment.
DEFAULT: In case of default by ~ontractor, the County may procure the articles/services from another source
and may recover the loss occasio r ed thereby from any unpaid balance due the Contractor or by any other
legal means available to the Counjty. 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 expenjse of Contractor.
INVOICING : An itemized invoice In dup licate shall be mailed to request ing County department in accordance
with invoicing instructions included in each order referencing this Agreement. The Agreement number must
appear on all shipping documents 1and invoices . Invoice terms shall be Net 45 Days.
INVOICE TERMS: Net forty five (45) days from the receipt of invoice.
TERMINATION : The County rese f.ves the right to terminate this Agreement upon thirty (30) days written
notice to the Contractor. In th\3 ev nt of such termination, the Contractor shall be paid for satisfactory services
or supplies provided to the date of termination .
4525 E . Ha mil t on Av ~n u e 1 Fresno , Ca l i f ornia 93702-4599 1 (559) 600-7 1 10
MASTER AGREEMENT NU l BER: P-16-468-S
August 9, 2016
Page 2
LAWS AND REGULATIONS: T pe Contractor shall comply with all laws, rules and regulations whether they be
Federal, State or municipal, whio:h may be applicable to Contractor's business, equipment and personnel
engaged in service covered by t r is Agreement.
AUDITS AND RETENTION: Te ~ms 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 c omplete and available to Fresno County, the State of California, the federal
government or their duly authori ~ed representatives for the purpose of audit, examination, or copying during
the term of the contract and for 9 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
:::~:~~la~::d~::::::,n:::t:ibed above until all pending matters are closed .
Pay all claims for damage to pro t erty 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 clai ~s 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 limiting th ~ COUNTY's right to obtain indemnification from CONTRACTOR or any third
parties, CONTRACTOR, at its so le expense, shall maintain in full force and effect , the following insurance
policies or a program of self-insurlance, including but not limited to, an insurance pooling arrangement or Joint
Powers Agreement (JPA) throug ~out 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 J hall be issued on a per occurrence basis. County may require specific
coverage including complete ~. operations, product liability, contractual liability, Explosion-Collapse-
Underground, fire legalliabilit or any other liability insurance deemed necessary because of the nature of
the contract.
B. Automobile Liability: Compre ~ensive Automobile Liability Insurance with limits for bodily injury of not less
than Two Hundred Fifty Thou j and Dollars ($250,000 .00) per person, Five Hundred Thousand Dollars
($500,000 .00) per accident a ~d for property damages of not less than Fifty Thousand Dollars
($50,000.00), or such covera ge with a combined single limit of Five Hundred Thousand Dollars
($500,000.00). Cove rage sholluld 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., R.N., L.C .S.W .,
M.F.C.C.) in providing service $, Professional Liability Insurance with limits of not less than One Million
Dollars ($1 ,000,000.00) per odcurrence, Three Million Dollars ($3,000,000.00) annual aggregate .
D . Worker's Compensation: A pd licy of Worker's Compensation insurance as may be required by the
California Labor Code . I
Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of
Fresno, its officers, agents, and e lljl ployees, individually and collectively , as additional insured, but only insofar
as the operations under this Agree ~ent are concerned. Such coverage for additional insured shall apply as
primary insurance and any other in
1
surance, or self-insurance, maintained by County, its officers, agents and
employees shall be excess only an
1
d not contributing with insurance provided underContractor's policies
herein . 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. ·
G: \PUBLIC\ CONTRACTS & EXTRACTS\S\P-16-f 68-S Ml\STER AGREEMENT . OOC
MASTER AGREEMENT NUMBER: P-16-468-S
August 9, 2016
Page 3
All policies shall be with admitted ~nsurers licensed to do business in the State of California. Insurance
purchased shall be purchased frorinl companies possessing a current A.M . Best, Inc. rating of A FSC VII or
better.
COMING ON COUNTY PROPERifY TO DO WORK: Contractor agrees to provide maintain and furnish proof
of Comprehensive General Liabili ~y 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 mutual y understood and agreed that Contractor, including any and all of
Contractor's officers, agents, and bmployees will at all times be acting and performing as an independent
contractor, and shall act in an ind J pendent capacity and not as an officer, agent, servant, employee , joint
venturer, partner, or associate of ~he County. Furthermore, County shall have no right to control or supervise
or direct the manner or method b ~, 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 co
1
nditions thereof. Contractor and County shall comply with all applicable
provisions of law and the rules anti regulations, if any, of governmental authorities having jurisdiction over
matters the subject thereof.
Because of its status as an indep : ndent contractor, Contractor shall have absolutely no right to employment
rights and benefits available to c d unty ·employees. Contractor shall be solely liable and responsible for
providing to, or on behalf of, its e ~ployees all legally-required employee benefits. In addition, Contractor shall
be solely responsible and save C<Dunty harmless from all matters relating to payment of Contractor's
employees, including compliance !with Social Security, w ithholding , and all other regulations governing such
matters . It is acknowledged that ~uring the term of this Agreement, Contractor may be providing services to
others unrelated to the County or Ito this Agreement.
NON-ASSIGNMENT: Neither pa ~y shall assign, transfer or sub-contract this Agreement nor their rights or
duties under this Agreement with rut the written consent of the other party .
AMENDMENTS : This Agreemen 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, publicat ions, Request for Proposals, Bids and understandings of any nature
whatsoever unless expressly incl l!l ded 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 eve ~t 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 ttachment "A") and (2) Attachment "A".
GOVERNING LAWS : This Agre ~ment 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 accept ~nce by returning all pages of the signed original of this Agreement to my
office, retaining a copy for your fil ps.
Please refer any inquiries in this rhl atter to Darren Howard, Purchasing Technician, at (559) 600-7119 or
dhoward@co . fresno . ca . us
FOR THE COUNTY OF FRESNO
Gary E. Cornu
Purchasing M nager
4525 East Hamilton Avenue
,)I
Fresno, CA 93702-4599 /
Date : ~ / f I flfp
GEC :DH :ssj 1 I
I
G:\PUBLIC\CONTRACTS & EXTRACTS\S\P-16-468-S Ml\STER AGREEMENT.OOC
MASTER AGREEMENT NUMBER: P-16-468-S
August 9, 2016
CONTRACTOR TO COMPLETE:
Company:
Type of Entity:
0 Individual
0 Sole Proprietorship
0 Corporation
Print Name and Title
Signature (In Blue Ink):
Print Name and Title
Signature (In Blue Ink):
Address
ACCOUNTING USE ONLY
ORG No .: Various
Account No .:
Requisition No .:
(09/2015)
Various
Various
FAX NUMBER
G:\PUBLIC\C~CTS & EXTRACTS\S\P-16-468-S MASTERAGREEMENT.OOC
0 Limited Liabii L Company
0 Limited Liabili ty Partnership
0 General Part ership
City State Zip
E-MAIL ADDRESS
Page4
___ ._ ...... _ ·----··-·· -__ _...----..,_ ____ ,_ ------····--------····-·-------------------.. ------------
MASTER AGREEMENT NUMBER: P-16-468-5
August 9, 2016
CONTRACTOR TO COMPI!..ETE:
Company:
Type of Entity:
0 Individual
0 Sole Proprietorship
)( Corporation
Print Name and Title
Signature (In Blue Ink): I
'f2 2 5 f±4 c..-c' e(l ck_
Address
(l.t{' 2 2 7 (ooo~
TELEPHONE NUMBER FAX NUMBER
ACCOUNTING USE ONLY
ORG No .: Various
Account No.: Various
Requisition No .: Various
(09/2015)
G: \PUBLIC\CCM'RACTS & E.XTRA.CTS\S\P-16-r 68-S MASTER AGREEMENT. CO::
. -~~~-·.; .: ~~ ..
0 Limited Liability Company
0 Limited Liability Partnership
0 General Partnership
Date
Date
City State Zip
Page4
v/nCtud: c. lu /,b~ t/Jl.o"l:i" CZ>-c f . Cc~
E-MAIL ADDRESS
FfECEIVEO PURCHASING OE PT
Bf6SEP -2 PM 3: 19
"---"'
MASTER AGREEMENT NUMBER: P-16-468-S
August 9, 2016
ATTACHMENT "A"
Participating Vendors
• Kelly Paper
• Vertitiv Operating Company
Attachment Page 1 of 1
The above list of vendors will be used to solicit bids for whatever products are required at any given time
during the contract period.
The purpose of this contract is to establish a list of vendors with whom the County of Fresno-Graphics
Communications Services will solicit quotes for bulk 8 W' x 11" multi-use copy paper.
All vendors who participate in this contract will be given the opportunity to provide quote for bulk paper as the
need arises within the County of fresno-Graphics Communications Services.
Graphics Communications Services will send all specifications and timelines via email or telephone for each
order.
The lowest bidder per request will be awarded the specific job.
The County of Fresno reserves the right to add vendors to this Master Agreement as needed
I
G:\PUBLIC\CONTRACTS & EXTRACTS\S\P-16 -468-S MASTER AGREEMENT .DOC