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Home My WebLink About27765Countyof ~B~~IrAI~I/~rn~-.;;"ii~~ ~tCEtVflPUMfiAmG.DEFT.. 99 SEP r 4 AMi i:3QDepartment'of GeneralSeIVIces Purcbaslns PROCUREMENT AGREEMENT UnzJeL.DanIel CASTERS &WHEELS DIrectorofAdmlnktratlveServk.es August 31,1999 Agreement No.200057D Casters,Inc.. 2250 S.Railroad Avenue Fresno,CA 93721 The County of Fresno (County)hereby contracts with Casters,Inc.(Contractor)to purchase Casters,Chair Parts and Related Supplies in accordance with Attachment "A",attached and by this reference made a part hereof. TERM:This Agreement shall become effective September 1,1999 and shall remain in effect through August 31,2000. RENEWAL:Agreement shall automatically renew for an additional one (1)year period except when written notice is delivered by either party to the other expressing intent not to renew.Such notice must be delivered a minimum of sixty (60)days prior to the next expiration date of this Agreement.The maximum number of automatic one (1)year renewal periods under this Agreement is two (2).\ MINIMUM ORDERS:Unless stated otherwise there shall be no minimum order quantity.The County reserves the right to increase or decrease orders or quantities. ORDERS:Orderswill be placedon an as-neededbasis by variousCounty departmentsunderthis contract. 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 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 4525 E.Hamilton Avenue /Fresno,California 93102 Purchasing (209)456-1110 .Central Warehouse (209)456-1851 .Central Services (209)456-1868 Equal Employment Opportunity -AIIIrmatlve Action -Dbablcd Employer ----m ----------------------------------- PROCUREMENT AGREEMENT NO.200057D Casters,Inc. August 31,1999 Page 2 made.Inspection of deliveries or offers for delivery which do not meet specifications will be at the expense of Contractor. 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 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 municipal,which may be applicable to Contractor's business,equipment and personnel engaged in service covered by this Agreement. AUDITS:Contractor shall,as required by law,ordinance,code or decree permit the County to audit and inspect all such records and data pertaining to this Agreement and at all reasonable times be open to inspection by authorized representatives of the County. INSURANCE AND 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,causes of action,claims or judgments resulting out of or in any way connectedwith Contractor'sperformanceor failureto perform by Contractor, its agents,officers or employees under this Agreement. Provide,maintain and furnish proof of the following: Workers Compensation insurance in accordance with the California Labor Code. If delivery is to be made by a vehicle that is owned,operated,rented or leased by your company,then Automotive Public Liability Insurance with limits of not less than $100,000 per occurrence and not less than $300,000 annual aggregate for bodily injury and not less than $50,000 property damage is required.If large vehicle delivery trucks are utilized,automobile insurance with combined single limit coverage in the amount of $500,000 is required. G:\CONTRACTS&EXTRACTS\D\200057D CASTERS,INC.DOC n --_n __n------ PROCUREMENT AGREEMENT NO.200057D Casters,Inc. August 31,1999 Page 3 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. NON-ASSIGNMENT:Neither party shall assign,transfer or sub-contract this Agreement nor their rights orcduties 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 G:\CONTRACTS &EXTRACTS\D\200057D CASTERS,INC.DOC PROCUREMENT AGREEMENT NO.200057D Casters,Inc. August 31,1999 Attachment Page 1 of 1 .Cost discount to the County for the above stated items,and additional items not stated, averages forty (40)to forty-five (45)percent off Casters,Inc.List price.(List prices may vary from vendor to vendor.) G:\CONTRACTS &EXTRACTS\D\200057D CASTERS,INC.DOC SUPPLIES ATTACHMENT"A" *PRICING COUNTY DESCRIPTION PRODUCT #UNIT LIST COST Caster,Soft Wheel,3"x 1%"TP4030-01-SR EA $7.37 $4.42 Wheel,Swivel,Rubber,2%"x 1%"TP4025-01-SR EA $6.20 $3.10 Caster,Swivel Rubber Wheel,2"x 7/s"TP4020-01-SR EA $4.90 $1.50 Dual Wheel Chair Caster,2"PER-1 EA $6.90 $3.50 Swivel Rubber Wheel,3'Vz"2-3056441 EA $18.90 $7.62 Rigid Caster,3'Vz"2-3008-441 EA $15.90 $7.10 Ball Bearing Wheel on Aluminum,'Vz"6"x 1 'Vz"EA $24.90 $13.08 Rubber on Aluminum wf'/s"Bearing 8"x 1%"x 5/s EA $21.00 $12.90 Rubber on Aluminum wf%"Bearing 8"x 2"x %EA $21.00 $12.90