HomeMy WebLinkAbout286911 2 AGREEMENT 3 THIS AGREEMENT is made and entered into this 9th day of August, 2016, by and 4 between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter 5 referred to as "COUNTY", and DFC, Inc., a California corporation, dba Advanced Helicopter 6 Services, whose address is 17986 County Road 94B, Woodland, CA 95695, hereinafter referred 7 to as "CONTRACTOR". 8 W I T N E S S E T H: 9 10 WHEREAS, COUNTY, though its Sheriffs Office, needs a contractor to provide maintenance 11 services for its aircraft support unit that consists of two (2) McDonnell Douglas (MD) 500 12 helicopters and one (1) Cessna 206 airplane; 13 WHEREAS, during the most recent request for maintenance contract bids in 2016 (RFP No. 962-14 5443), CONTRACTOR was selected to be the vendor that could provide maintenance services 15 without the need for COUNTY to transport its aircraft; and 16 WHEREAS, CONTRACTOR represents that has the professional expertise and necessary 17 licensing to provide these maintenance services. 18 19 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the sufficiency of 20 which is hereby acknowledged, the parties hereto agrees as follows: 21 1. OBLIGATIONS OF THE CONTRACTOR 22 A. CONTRACTOR agrees to provide maintenance services for COUNTY'S 23 aircraft as specified in Exhibit "A", attached hereto and incorporated herein by this reference. 24 B. CONTRACTOR warrants that all maintenance services shall be 25 performed in a manner that complies with applicable laws, regulations, and professional 26 standards. 27 C. CONTRACTOR warrants that it, and all of its employees, will have, and 28 maintain during the term of this Agreement, all required licenses, certifications and other approvals ) ' -1-
1 to provide the maintenance services as specified in this Agreement. 2 2. TERM 3 The term of this Agreement shall be for a period of three (3) years, 4 commencing on August 9, 2016 through and including July 31, 2019. This Agreement may be 5 extended for two (2) additional consecutive twelve (12) month periods upon written approval of 6 both parties no later than thirty (30) days prior to the first day of the next twelve (12) month 7 extension period. The Sheriff or his or her designee is authorized to executive such written 8 approval on behalf of COUNTY based on CONTRACTOR'S satisfactory performance. 9 3. TERMINATION 10 A. Non-Allocation of Funds -The terms of this Agreement, and the services 11 to be provided hereunder, are contingent on the approval of funds by the appropriating 12 government agency. Should sufficient funds not be allocated, the services provided may be 13 modified, or this Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days 14 advance written notice. 15 B. Breach of Contract -The COUNTY may immediately suspend or terminate 16 this Agreement in whole or in part, where in the determination of the COUNTY there is: 17 1) An illegal or improper use of funds; 18 2) A failure to comply with any term of this Agreement; 19 3) A substantially incorrect or incomplete report submitted to the 20 COUNTY; 21 4) Improperly performed service. 22 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY 23 of any breach of this Agreement or any default which may then exist on the part of the 24 CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the 25 COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of 26 the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR 27 under this Agreement, which in the judgment of the COUNTY were not expended in accordance 28 with the terms of this Agreement. The CONTRACTOR shall promptly refund any such funds upon -2-
1 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of
2 the day and year first hereinabove written .
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FOR ACCOUNTING USE ONLY:
ORG No .:
Account No .:
Requisition No .:
31113350/31113351
7205
31 11607013
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COUNTY OF FRESNO
Ernest BUd<(yMellS, Chairman , Board of
SupeNisors
DATE :
ATTEST:
BERNICE E . SEIDEL, Clerk
Board of Supervisors
By ~~sh ~
Deputy
REVIEWED & RECOMMENDED FOR APPROVAL
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Margaret Mims , Sheriff-Coroner
APPROVED AS TO ACCOUNTING FORM