HomeMy WebLinkAboutP-20-475 Jerico Fire Protection.pdf333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110
* The County of Fresno is an Equal Employment Opportunity Employer *
County of Fresno
INTERNAL SERVICES DEPARTMENT
Facilities • Fleet • Graphics • Purchasing • Security • Technology
PROCUREMENT AGREEMENT
Agreement Number P-20-475
December 2, 2020
Jerico Fire Protection
1380 N. Hulbert Ave.
Fresno, CA 93728
The County of Fresno (County) hereby contracts with Jerico Fire Protection (Contractor) to provide Fire
Suppression Services to include maintenance, inspection, inventory, and minor repair in accordance with the
text of this agreement and Attachment “A” by this reference made a part hereof.
TERM: This Agreement shall become effective December 1, 2020 and shall remain in effect through
November 30, 2021.
EXTENSION: This Agreement may be extended for two (2) additional one (1) year periods by the mutual
written consent of all parties.
MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County
reserves the right to increase or decrease orders or quantities.
CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment “A”
attached, at the rates set forth in Attachment “A”.
ORDERS: Orders will be placed on an as-needed basis by Internal Services Department – Facility Services
Division under this contract.
PRICES: Prices shall be firm for the 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 becoming effective.
MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of Two
Hundred Thousand Dollars ($200,000.00).
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.
DEFAULT: In case of default by Contractor, the County may procure the articles/services 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 made. Inspection of deliveries or offers for delivery, which do not
meet specifications, will be at the expense of Contractor.
PROCUREMENT AGREEMENT NUMBER: P-20-475 Page 2
Jerico Fire Protection
December 2, 2020
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INVOICING: An itemized invoice 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.
INVOICE TERMS: Net forty-five (45) days from the receipt of invoice.
TERMINATION: The County reserves the right to immediately terminate this Agreement upon 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 AND RETENTION: Terms 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 complete and available to Fresno County, the State of California, the federal
government or their duly authorized representatives for the purpose of audit, examination, or copying during
the term of the contract and for a 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
must be retained in the manner described above until all pending matters are closed.
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 (including
attorney’s fees and costs), 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, and from any and all costs and expenses (including attorney’s fees and costs), damages,
liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or
damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under
this Agreement.
INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any
third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two
Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars
($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific
coverage including completed operations, product liability, contractual liability, Explosion-Collapse-
Underground, fire legal liability or any other liability insurance deemed necessary because of the nature
of the contract.
B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should
include any auto 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 services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the
California Labor Code.
PROCUREMENT AGREEMENT NUMBER: P-20-475 Page 3
Jerico Fire Protection
December 2, 2020
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Additional Requirements Relating to Insurance:
Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of
Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only
insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall
apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers,
agents and employees shall be excess only and not contributing with insurance provided under Contractor's
policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days
advance written notice given to County.
Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts
paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely
responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of
subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not
Contractor obtains such an endorsement.
Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide
certificates of insurance and endorsement as stated above for all of the foregoing policies, as required
herein, to the County of Fresno Facility, 4590 E. Kings Canyon, Fresno, CA 93702, stating that such
insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents
and employees will not be responsible for any premiums on the policies; that such Commercial General
Liability insurance names the County of Fresno, its officers, agents and employees, individually and
collectively, as additional insured, but only insofar as the operations under this Agreement are concerned;
that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-
insurance, maintained by County, its officers, agents and employees, shall be excess only and not
contributing with insurance provided under Contractor's policies herein; and that 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.
All policies shall be with admitted insurers licensed to do business in the State of California. Insurance
purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or
better.
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.
PROCUREMENT AGREEMENT NUMBER: P-20-475 Page 4
Jerico Fire Protection
December 2, 2020
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NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or
duties 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 precedence in the following order of priority: (1) the
text of this Agreement (excluding Attachment "A") and (2) Attachment "A".
GOVERNING LAWS: This Agreement 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 acceptance by returning all pages of this Agreement to my office via email or
USPS.
Please refer any inquiries in this matter to Bryan Hernandez, Purchasing Analyst, at 559 600-7117 or
bhernandez@fresnocountyca.gov.
FOR THE COUNTY OF FRESNO
Gary E. Cornuelle
Purchasing Manager
333 W. Pontiac Way
Clovis, CA 93612
GEC:[click here - Buyer's Initials]
:[click here - your initials]
PROCUREMENT AGREEMENT NUMBER: P-20-475 Page 5
Jerico Fire Protection
December 2, 2020
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CONTRACTOR TO COMPLETE:
Company:
Type of Entity:
Individual Limited Liability Company
Sole Proprietorship Limited Liability Partnership
Corporation General Partnership
Address City State Zip
TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS
Print Name &
Title:
Print Name & Title:
Signature:
Signature:
ACCOUNTING USE ONLY
ORG No.: 8935
Account No.: 7220
Requisition No.: 1322101119
(01/2020)
PROCUREMENT AGREEMENT NUMBER: P-20-475 Attachment Page 1 of 2
Jerico Fire Protection
December 2, 2020
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ATTACHMENT "A"
I. Services
CONTRACTOR shall provide the following maintenance, inspection, inventory, and
minor repair services for fire pumps and fire suppression systems in County-occupied
buildings. Services include, but are not limited to:
A. Perform annual inspections per National Fire Protection Association (NFPA) 25.
Inspections include the following items from the Fire System Inspection Legend listed in
Section III of this Attachment A: items #1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 15, and 16.
B. Perform five (5)-year inspections per NFPA 25. Inspection includes items #1, 2, 3, 4, 5,
6, 7, 8, 9, 10, 12, 13, 14, 15 and 16 of the Fire Sprinkler Inspection Legend.
C. Perform quarterly inspections per NFPA 25. Inspection includes item #10 of the Fire
Sprinkler Inspection Legend.
D. Perform any repairs from Inspections that have been performed or any Emergency Calls
that require repairs.
E. Perform Monthly Electric Fire Pump Test and Weekly Diesel Fire Pump Test.
F. CONTRACTOR shall keep track of all inspections completed and shall notify the
COUNTY when a building is needing an inspection performed. Any buildings that we
have not done before shall not be part of this list and will require the COUNTY to contact
CONTRACTOR of the inspections that are needed. Once performed, CONTRACTOR
shall add to the list of inspections.
II. Exclusions
1. All modifications and/or repairs to the fire sprinkler system other than those specified in
this Attachment A.
2. Painting masking, cutting and patching, alarm or detection repairs, gauges, Central
Station (supervisory) alarm service,
3. Building structural or structural load calculations.
4. Permits.
5. Electrical wiring, conduit and all related electrical work.
6. Soffiting or covering of exposed piping, ceiling removal or replacement, protection or
covering of items located within the work area, repair or replacement costs of damages
to walls, ceilings, carpeting, fixtures, furniture, etc. due to customer neglect of property
protecting these items within the work area.
7. Overtime, weekend, holiday or shift work unless previous arrangements have been
made with CONTRACTOR.
III. Fire System Inspection – Legend
1. Main drain flow tests (static, residual).
2. Local bell tests (mechanical and electrical).
3. Control valve exercise (Post Indicator Valve (PIV), Butterfly, outside stem and yoke (OS
& Y)).
4. Special systems trip tests, required annually (dry, deluge, pre-action).
5. Drain all drum drips and drain points (dry systems).
PROCUREMENT AGREEMENT NUMBER: P-20-475 Attachment Page 2 of 2
Jerico Fire Protection
December 2, 2020
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6. Fire pump function inspection (electrical and diesel).
a. Diesel Pump:
i. Check oil.
ii. Check coolant.
iii. Check block heater.
iv. Check batteries and connections.
b. Diesel and Electrical Pump
i. Check pressure drop, auto and manual start modes.
ii. Check packing and adjust as needed.
iii. Check bowl drains and unplug as needed.
iv. Start and run through run timer as required.
v. Check functions of casing relief valve; adjust as needed.
c. Jockey Pump
i. Check pressure drop, auto and manual run modes.
7. Fire pump performance test, required annually (electrical and diesel).
8. Flow test fire hydrants.
9. Flow test wet or combined standpipes.
10. Walk-through inspection of entire system.
11. Sample testing of foam system.
12. Backflush Fire Department Connect (FDC).
13. Obstruction investigation.
14. Replace all quarter-inch (¼”) air/water pressure gauges on five (5)-year inspections only.
15. Provide all required paperwork to COUNTY; CONTRACTOR shall retain copies of
paperwork.
16. Perform water flow and tamper test on all alarmed devices.
IV. Labor Rates
Labor Category Rate Per Hour
Regular Time
(Monday – Friday, 8 a.m. – 5 p.m.) $122.50
Overtime
(applies to hours worked the same day
beyond eight (8) hours)
$183.75
Premium Time
(Sundays and Union Holidays (e.g.
Memorial Day, Fourth of July, Labor Day,
Thanksgiving, Christmas)
$245.00