HomeMy WebLinkAbout27870DATE: 04/20/2015
Contract No.:
Contract Title:
Contract Period:
Using Agencies:
P-15 -142-C
Hume Lake Volunteer
Fire Department
ur
10/01/14 -09130/;...ip
CAO
Terms: One Allotment per year
Total Contract Amt.: $2 ,250.00 (FY 2015-
2016)
BuyerName: _s~._vv_._K~ir~b~y __________ _
Requisition No: 5401500005
t__ __ _JI RENEWAL
Vendor Number: 0000263558
Name/Address: Hume Lake Vol Fire Dept.
64144 Hume Lake Road
Hume, CA 93628
Representative: Robert L Mull , Jr.
Phone No.: 559 .305.7572
Email: Chief@Humelakefire.org
Org: 2540 ---------------------------------
Supersedes: P-12-510-C ----------------------------
.._____,! ADJUSTMENT ~NEW
D TICKDATE ...__ __ _,, REFERENCE (RFQ# I RFP#)
DESCRIPTION: A nnually fund the department with an amount adopted by the Board of Supervisors from yea r to yea r.
SPECIAL INSTRUCTIONS :
DISTRIBUTION: Completed By: Date: Completed By: Date
DEPARTMENT: _CA_O ________ _
REQUISITIONER: _Jo_hn_H-'ay:..,._s -----
Rev 1/2/15
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AGREEMENT
P-JS-IY2-C:
With
HUME LAKE VOLUNTEER FIRE DEPARTMENT
THIS AGREEMENT is made and entered into this · 9 I , day of /'-JA I2.CJ-f 2015 by and
between the COUNTY OF FRESNO , a political subdivision of the State of California, hereinafter referred to
as "COUNTY", and HUME LAKE VOLUNTEER FIRE DEPARTMENT , whose address is 64144 Hume Lake
Road, Hume , CA 93628 (hereinafter "DEPARTMENT").
RECITALS:
WHEREAS, DEPARTMENT is organized for the purpose of providing fire protection services in and
around the area of Hume Lake, California ; and ,
WHEREAS , COUNTY desires to support the efforts of DEPARTMENT.
NOW, THEREFORE, COUNTY and DEPARTMENT mutually agree as follows:
I.
TERMS AND CONDITIONS
OBLIGATIONS OF DEPARTMENT:
The DEPARTMENT shall:
A. Purchase firefighting equipment , including but not limited to , firefighting
tools and supplies , personal protective equipment , rescue 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
DEPARTMENT.
C . Have the equipment delivered to a predetermined location under the
jurisdiction of, and in the vicinity of, DEPARTMENT.
D. Take possession of the equipment, including all the rights, privileges , and
liabilities of ownership and relieve COUNTY of any and all responsibilities normally associated with
ownership.
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
1
2
3
4
5
6
7
8
9
10
annual funding amount adopted by the Board of Supervisors , as provided in Section II.B .
F. Us ing a reconciliat ion log (a form of which is attached hereto as Attachment
A and incorporated herein by reference), prepare and provide an annual reconciliation, including copies of
receipts of all purchases made during the term of this Agreement that were funded pursuant to Section II.B.,
and as soon as possible , but no later than fifteen (15) days after the end of the Agreement term , mail or fax
the reconciliation log and copies of receipts to : County of Fresno , County Administrative Office , 2281 Tulare
Street , Room 304 , Fresno , CA 93721; FAX: 559-600-1230. Delays in providing this information could affect
receipt of future funding .
II. OBLIGATIONS OF COUNTY:
11 The COUNTY shall:
12 A. Establish a unique organizational spending account for DEPARTMENT.
13 B. Annually fund that account with an amount equal to the appropriation
14 granted to DEPARTMENT in the COUNTY budget adopted by the Board of Supervisors from year to year ,
15 and inform the DEPARTMENT of the final adopted amount. The parties understand and agree that the
16 Board of Supervisors retains complete discretion each year as to the amount of appropriation, if any, to be
17 approved for payment to DEPARTMENT.
18 C. Within forty-five (45) days after receipt of DEPARTMENT'S invoice as
19 provided in Section I.E ., County will issue a one-time , lump sum check in the amount of the total approved
20 annual appropriation to DEPARTMENT.
21 Ill. AUDITS AND INSPECTIONS:
22 DEPARTMENT shall at any time during business hours, and as often as COUNTY
23 may deem necessary , make available to COUNTY , for examination, all of its records and data with respect to
24 the matters covered by this Agreement. DEPARTMENT shall, upon request by COUNTY , permit COUNTY
25 to audit and inspect all such records and data necessary to ensure DEPARTMENT'S compliance with the
26 terms of this Agreement and verification of the existence of any equipment purchased by DEPARTMENT
27 using COUNTY funds.
28 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
agents, employees and volunteers 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 COUNTY. Furthermore, COUNTY shall have no right to control or supervise or
direct the manner or method by which DEPARTMENT shall perform its work and function. However,
COUNTY shall retain the right to administer this Agreement so as to verify that DEPARTMENT is performing
its obligations in accordance with the terms and conditions thereof.
DEPARTMENT 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.
DEPARTMENT shall be solely liable and responsible for providing to, or on behalf of, its
officers, agents, employees, and volunteers all legally-required benefits . In addition, DEPARTMENT shall be
solely responsible and hold COUNTY harmless from all matters relating to payment of DEPARTMENT'S
officers, agents, employees, and volunteers, including compliance with Social Security withholding and all
other regulations governing such matters. It is acknowledged that during the term of this Agreement,
DEPARTMENT may be providing services to others unrelated to THE COUNTY or to this Agreement.
V. INDEMNIFICATION:
DEPARTMENT shall hold COUNTY, its officers, agents, and employees harmless
and indemnify and defend COUNTY, its officers, agents, and employees from any and all claims, suits, and
losses occurring or resulting by any person, firm, or corporation who may be injured or damaged by
DEPARTMENT or any subcontractors in the performance of this Agreement.
VI. MODIFICATION:
This Agreement may only be amended by the mutual written consent of the parties
hereto.
VII. TERM AND TERMINATION:
A. Term -This Agreement shall become effective October 1, 2014 and shall
remain in effect through September 30, 2015. Such term may be extended by mutual written consent of all
27 parties.
28 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
2 government agency, i.e., COUNTY'S Board of Supervisors. Should funds not be allocated, this Agreement
3 may be either suspended for that fiscal year, or terminated by COUNTY . COUNTY will notify DEPARTMENT
4 in writing within sixty (60) days after the beginning of the fiscal year that funds were not appropriated during
5 the Budget process.
6
C. Breach of Contract -The COUNTY may immediately suspend or terminate
7
this Agreement in whole or in part, where in the determination of the COUNTY there is:
8
1) An illegal or improper use of funds;
9 2) A failure to comply with any term of this Agreement;
10 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY
11 of any breach of this Agreement or any default which may then exist on the part of the CONTRACTOR.
12 Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the
13 breach or default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the
14 COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the
15 COUNTY were not expended in accordance with the terms of this Agreement. The CONTRACTOR shall
16 promptly refund any such funds upon demand.
17 VIII. ASSIGNMENT:
18 DEPARTMENT may not assign, transfer, or sub-contract its rights, privileges, or
19 obligations under this Agreement.
20 IX. GOVERNING LAW:
21 The rights and obligations of the parties and all interpretation and performance of
22 this Agreement shall be governed in all respects by the laws of the State of California. Venue for any action
23 arising out of or relating to this Agreement shall only be in Fresno County, California.
24 X. DISCLOSURE OF SELF-DEALING TRANSACTIONS
25 Members of DEPARTMENT'S Board of Directors shall disclose any self-dealing
26 transactions that they are a party to while DEPARTMENT is providing goods or performing services under
27 this agreement. A self-dealing transaction shall mean a transaction to which DEPARTMENT is a party and
28 in which one or more of its directors has a material financial interest. Members of the Board of Directors
shall disclose any self-deal ling transactions that they are a party to by completing and signing a Self-Dealing
4
2 Transaction Disclosure Form (ATTACHMENT B) and submitting it to COUNTY prior to commencing with the
3 self-dealing transaction or immediately thereafter.
4 XI. ENTIRE AGREEMENT:
5 This Agreement const itutes the entire agreement between DEPARTMENT and
6 COU NTY with respect to the subject matter hereof and supersedes all previous negotiations , proposals ,
7 commitments , writings , advertisements , publications , and understanding of any nature whatsoever unless
8 expressly included in this Agreement.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
2 EXECUTED AND EFFECTIVE as of the date first above set forth.
3
4 CONTRACTOR COUNTY OF FRESNO
5
6 1?02!S9:f}~~
7 Authorized Signature
8
9 Date Date
10 Print Name & Title
11 '/?o73~41 £ ;v/ut-L Jl~-
12 FJ tL~ C~:u s c::;
13
14 Mai ling Address
15 &A/tift/ dv~t~F-I.ttf(_fZ-/}IJ.
16 lfulfd6. CA 9 3& 2..'§
17 Telephone No.: ?5-:1 .3o.). 7J'r2
18 Email: C!Jkvl~-fkt!IEtA.tfiA l2lZ-. ofk-
19
20
21
22
23
24
25
26
27
28 FOR ACCOUNTING USE ONLY:
ORG No.: 2540
Account No.: 7831
Requisition No.: 5401500005
6