HomeMy WebLinkAbout27864Contract No.:
Contract Title:
Contract Period:
Using Agencies:
Terms:
Total Contract
Amt.:
Buyer Name:
P-14-742-C
DATE: April13, 2015
Vendor Number:
Purchase Firefighting Tools,
Equipment, Rescue and
Medical Supplies
10/01/2014 -09/30/2015
CAO
$2,250.00
S.W. Kirby
Name/Address:
Representative:
Phone No.:
Email:
0000273866
Huntington Lake Vol. Fire
125 E. Barstow
Fresno, CA 93710
Karen Kamimoto
559 297.9450
kdbare@pacbell.net
Requisition No: 5401500006 Org: _5_40_1 __________________________ __
Supersedes:
[!]NEW I RENEWAL '--------' I ADJUSTMENT ...._ __ ......
D TICKDATE D REFERENCE (RFQ# I RFP#)
DESCRIPTION: Contract allows for request for payment of annual funding as adopted by the Board of Supervisors.
SPECIAL INSTRUCTIONS:
DISTRIBUTION: Completed By: Date: Completed By: Date
DEPARTMENT: _C_AO ____ _
REQUISITIONER: _Jo_hn_H--'ay'--s __ _
Rev 1/2/15
2
3
4
AGREEMENT
With
HUNTINGTON LAKE VOLUNTEER FIRE DEPARTMENT
THIS AGREEMENT is made and entered into this _18th. ___ day of _March _____ _
5 2015 by and between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter
6 referred to as "COUNTY", and HUNTINGTON LAKE VOLUNTEER FIRE DEPARTMENT, a California
7 Corporation, whose address is 125 E. Barstow Avenue, Suite 109, Fresno, CA 93710 (hereinafter
8 "DEPARTMENT").
9
10
11
12
13
14
15
16
17
18
19
20
21
RECJTAL§.:
WHEREAS, DEPARTMENT is organized for the purpose of providing fire protection services in and
around the area of Huntington Lake, California; and,
WHEREAS, COUNTY desires to support thf. ~,'forts of DEPARTMENT.
NOW, THEREFORE, COUNTY and DEPART,,v1ENT mutually agree as follows:
TERMS ANL .. ~ONDITIONS
I. OBLIGATIONS OF PEPAR:ft.o:.JENT:
The DEPARTMENT shall:
A. Purchase firefightinrJ :,quipment, including but not limited to, firefighting tools
and supplies, personal protective equipment, resc• ~ equipment and emergency medical supplies, and
firefighting training resources using funds provided by COUNTY, the amount of which will be determined
each year through the COUNTY's normal budget appropriation process.
B. Ensure that the firefighting equipment purchased is for the sole use of
22 DEPARTMENT.
23 C. Have the equipment delivered to a predetermined location under the
24 jurisdiction of, and in the vicinity of, DEPARTMENT.
25 D. Take possession of the equipment, including all the rights, privileges, and
26 liabilities of ownership and relieve COUNTY of any and all responsibilities normally associated with
27 ownership.
28 E. Submit an invoice to the COUNTY's County Administrative Office, 2281
Tulare Street, Room 304, Fresno, CA 93721, after execution of this Agreement, requesting payment of the
annual funding amount adopted by the Board of Supervisors, as provided in Section II.B.
2 F. Using a reconciliation log (a form of which is attached hereto as Attachment
3 A and incorporated herein by reference), prepare and provide an annual reconciliation, including copies of
4 receipts of all purchases made during the term of this Agreement that were funded pursuant to Section II.B.,
5 and as soon as possible, but no later than fifteen (15) days after the end of the Agreement term, mail or fax
6 the reconciliation log and copies of receipts to: County of Fresno, County Administrative Office, 2281 Tulare
7 Street, Room 304, Fresno, CA 93721; FAX: 559-600-1230. Delays in providing this information could affect
8 receipt of future funding.
9 II. OBLIGATIONS OF COUNTY:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The COUNTY shall:
A Establish a unique organizational spending account for DEPARTMENT.
B. Annually fund that account with an amount equal to the appropriation
granted to DEPARTMENT in the COUNTY budget adopted by the Board of Supervisors from year to year,
and inform the DEPARTMENT of the final adopted amount. The parties understand and agree i.hat the
Board of Supervisors retains complete discretion each year as to the amount of appropriation, if a ;y, to be
approved for payment to DEPARTMENT.
C. Within forty-five (45) days after receipt of DEPARTMENT'S invoice as
provided in Section I.E., County will issue a one-time, lump sum check in the amount of the total approved
annual appropriation to DEPARTMENT.
Ill. AUDITS AND INSPECTIONS:
DEPARTMENT shall at any time during business hours, and as often as COUNTY
may deem necessary, make available to COUNTY, for examination, all of its records and data with respect to
the matters covered by this Agreement. DEPARTMENT shall, upon request by COUNTY, permit COUNTY
to audit and inspect all such records and data necessary to ensure DEPARTMENT'S compliance with the
terms of this Agreement and verification of the existence of any equipment purchased by DEPARTMENT
using COUNTY funds.
IV. INDEPENDENT CONTRACTOR:
In performance of the work, duties, and obligations assumed by DEPARTMENT
under this Agreement, it is mutually understood and agreed that it, including any and all of its officers,
2
agents, employees and volunteers will at all times be acting and performing as an independent contractor,
2 and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer,
3 partner, or associate of COUNTY. Furthermore, COUNTY shall have no right to control or supervise or
4 direct the manner or method by which DEPARTMENT shall perform its work and function. However,
5 COUNTY shall retain the right to administer this Agreement so as to verify that DEPARTMENT is performing
6 its obligations in accordance with the terms and conditions thereof.
7 DEPARTMENT and COUNTY shall comply with all applicable provisions of law and the rules
8 and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9 DEPARTMENT shall be solely liable and responsible for providing to, or on behalf of, its
10 officers, agents, employees, and volunteers all legally-required benefits. In addition, DEPARTMENT shall be
11 solely responsible and hold COUNTY harmless from all matters relating to payment of DEPARTMENT'S
12 officers, agents, employees, and volunteers, including compliance with Social Security withholding and all
13 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
14 DEPARTMENT may be providing services to others unrelated to THE COUNTY or to this Agreement.
15 V. INDEMNIFICATION:
16 DEPARTMENT shall hold COUNTY, its officers, agents, and employees harmless
17 and indemnify and defend COUNTY, its officers, agents, and employees from any and all claims, suits, and
18 losses occurring or resulting by any person, firm, or corporation who may be injured or damaged by
19 DEPARTMENT or any subcontractors in the performance of this Agreement.
20 VI. MODIFICATION:
21 This Agreement may only be amended by the mutual written consent of the parties
22 hereto.
23 VII. TERM AND TERMINATION:
24 A. Term -This Agreement shall become effective October 1, 2014 and shall
25 remain in effect through September 30, 2015. Such term may be extended by mutual written consent of all
26
27
28
parties.
B. Termination -Non-Allocation of Funds -The terms of this Agreement, and
the services required by COUNTY, are contingent upon the approval of funds by the appropriating
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
government agency, i.e., COUNTY'S Board of Supervisors. Should funds not be allocated, this Agreement
may be either suspended for that fiscal year, or terminated by COUNTY. COUNTY will notify DEPARTMENT
in writing within sixty (60) days after the beginning of the fiscal year that funds were not appropriated during
the Budget process.
C. Breach of Contract -The COUNTY may immediately suspend or terminate
this Agreement in whole or in part, where in the determination of the COUNTY there is:
1) An illegal or improper use of funds;
2) A failure to comply with any term of this Agreement;
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of
any breach of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither
shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of
any funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were
not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund any
such funds upon demand.
VIII. ASSIGNMENT:
17 DEPARTMENT may not assign, transfer, or sub-contract its rights, privileges, or
18 obligations under this Agreement.
19 IX. GOVERNING LAW:
20 The rights and obligations of the parties and all interpretation and performance of
21 this Agreement shall be governed in all respects by the laws of the State of California. Venue for any action
22 arising out of or relating to this Agreement shall only be in Fresno County, California.
23 X. DISCLOSURE OF SELF-DEALING TRANSACTIONS
24 Members of DEPARTMENT'S Board of Directors shall disclose any self-dealing
25 transactions that they are a party to while DEPARTMENT is providing goods or performing services under
26 this agreement. A self-dealing transaction shall mean a transaction to which DEPARTMENT is a party and
27 in which one or more of its directors has a material financial interest. Members of the Board of Directors
28 shall disclose any self-dealling transactions that they are a party to by completing and signing a Self-Dealing
4
1
2
3
4
5
6
7
8
9
10
1'1
12
13
14
·ts
'16
'17
18
19
20
21
22
23
24
25
26
27
28
Transaction Disclosure Form (ATTACHMENT B) and submitting it to COUNTY prior to commencing with the
self-dealing transaction or immediately thereafter.
XI. ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between DEPARTMENT and
COUNTY with respect to the subject matter hereof and supersedes all previous negotiations, proposals,
commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless
expressly included in this Agreement
5
1 EXECUTED AND EFFECTIVE as of the date first above set forth.
2
3 CONTRACTOR COUNTY OF FRESNO
4
,Jfr//r£4;& [_~#tl/110~ 5
6
Authorized Signature Gary E. rnuelle
Purchasing Manager
7
MARCH 18 2015
8 Date Date
9 Print Name & Title
10 KAREN KAMIMOTO
11 SECRETARY
12
13 Mailing Address
14 125 E. BARSTOW AVENUE SUITE 109
15 FRS NO CA 93710
16 Telephone No.: 559-297-9450
17 Email: kdbare@pacbell.net
18
19
20
21
22
23
24
25 FOR ACCOUNTING USE ONLY:
ORG No.: 2540
26 Account No.: 7831
Requisition No.: 5401500006
27
28
6