HomeMy WebLinkAboutP-20-477 Super 8 Motel Agreement .pdfCONTRACT INFORMATION SHEET
DATE: 12/15/2020
Contract No.: P-20-477 Vendor Number: 0000286138
Contract Title: Homeless Shelter Name/Address: Super 8 Motel
Services - Selma 3142 S Highland Ave., Selma, CA 93662
Contract Period: 12/1/2020 – 12/31/2020 Contact: Ramesh Panchal
Using Agencies: Department of Social 559-260-7011
Services Email: Super8m2127@gmail.com
Terms: Net 45, 1mo+1mo+1mo
Total Contract Amt.: $170,850.00
Buyer Name: Crystal Nino
Requisition No: 5612100495 Org: 56107003
Supersedes:
X NEW RENEWAL AMENDMENT
X TICK DATE 12/20/20 REFERENCE (RFQ# / RFP#)
DESCRIPTION: Super 8 Motel will provide up to 30 rooms for homeless individuals in the Selma area. This is intended to provide a safe
environment for homeless individuals during the COVID-19 State of Emergency. Term is 1 month + 1 month + 1 month.
SPECIAL INSTRUCTIONS:
DISTRIBUTION: Completed By: Date: Completed By: Date
DEPARTMENT: DSS
REQUISITIONER: Raeann McCoy cn
Rev 1/3/2017
333 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-20-477
December 11, 2020
Super 8 Motel
3142 S. Highland Ave.,
Selma CA. 93662
The County of Fresno (County) hereby contracts with Super 8 Motel (Contractor) toSURYLGH
homeless shelter services in accordance with the text of this agreement, and the Attachment “A”.
TERM: This Agreement shall become effective December 1, 2020 and shall remain in effect through
December 31, 2020.
EXTENSION: This Agreement may be extended for two (2) additional one (1) month 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 The County of Fresno Department of Social
Services 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 One
Hundred Seventy Thousand Eight Hundred Fifty Dollars ($170,850.00).
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.
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/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-20-477 Page 2
Super 8 Motel
December 11, 2020
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SELMA AGREEMENT.DOCX
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.
INVOICE TERMS: Net forty-five (45) days from the receipt of invoice.
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 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-20-477 Page 3
Super 8 Motel
December 11, 2020
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SELMA AGREEMENT.DOCX
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, Raeann McCoy, rmccoy@fresnocountyca.gov 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-20-477 Page 4
Super 8 Motel
December 11, 2020
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SELMA AGREEMENT.DOCX
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"); (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.
Please refer any inquiries in this matter to Crystal Nino, Purchasing Technician, at 559-600-7113 or
cnino@fresnocountyca.gov.
FOR THE COUNTY OF FRESNO
Gary E. Cornuelle
Purchasing Manager
333 W. Pontiac Way
Clovis, CA 93612
GEC:cn
Gary Cornuelle Digitally signed by Gary Cornuelle
Date: 2020.12.15 14:11:55 -08'00'
PROCUREMENT AGREEMENT NUMBER: P-20-477 Attachment Page 1 of 3
Super 8 Motel
December 11, 2020
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ATTACHMENT "A"
SUMMARY OF SERVICES
ORGANIZATION: Super 8 Motel
ADDRESS: 3142 S. Highland Ave., Selma CA. 93662
TELEPHONE: (559) 260-7011
CONTACT: Ramesh Panchal
EMAIL: super8m2127@gmail.com
CONTRACT: Homeless Shelter Services
CONTRACT TERM: December 1, 2020 through December 31, 2020
January 1, 2021 through January 31, 2021 (optional)
February 1, 2021 through February 28, 2021 (optional)
DESCRIPTION OF SERVICES
Super 8 Motel will provide up to 30 rooms for homeless individuals in the Selma area. This is
intended to provide a safe environment for homeless individuals during the COVID-19 State of
Emergency.
COUNTY RESPONSIBILITIES
County will:
x Comply with all applicable State, Federal and local laws and regulations governing
projects that use Federal Funds.
CONTRACTOR RESPONSIBILITIES
Contractor will:
x Allow guests to enter Super 8 Motel with their partners and/or children and possessions;
pets will not be allowed.
x Allow security, provided by Pacific Valley Patrol, to patrol the motel and grounds and
maintain guest security.
x Ensure compliance with local, state, and federal public health directives, including
practicing social distancing, limiting guest travel, and ensuring ill staff do not report to
work.
x Set aside private rooms away from groups of people for individuals appearing ill.
x Ensure compliance with the Americans with Disabilities Act (ADA) to accommodate
people with disabilities.
x Ensure security protocols are in place for emergency incidents, including but not limited
to medical emergencies and communicable disease.
x Establish protocols to handle both suspected and confirmed cases of COVID-19.
x Publicly display proper hygiene recommendations throughout each facility.
x Comply with all rules and regulations in accordance with 24 CFR part 570 – Community
Development Block Grants.
PROCUREMENT AGREEMENT NUMBER: P-20-477 Attachment Page 2 of 3
Super 8 Motel
December 11, 2020
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SELMA AGREEMENT.DOCX
x Shall, and shall cause its consultants, subrecipients, contractors, and subcontractors to,
comply with all applicable State and Federal laws and regulations governing this
Agreement.
x Whenever the CONTRACTOR uses the services of a sub-contractor, the CONTRACTOR
shall require that the sub-contractor comply with all Federal, State and local laws,
ordinances, regulations and Fresno County Charter provisions applicable in the
performance of their work.
x This Agreement is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701(u). Accordingly, the
CONTRACTOR shall require the prime contractor to complete and submit
documentation prior to award of the construction contract and upon Project completion
that compliance with the Section 3 clause has been met.
x Non-Discrimination: The CONTRACTOR agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and executive orders
referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable
non-discrimination provisions in Section 109 of the Housing and Community
Development Act of 1974 are still applicable.
x Because the CONTRACTOR is receiving at least $100,000 for this Project from the
COUNTY's CDBG Program under this Agreement, the CONTRACTOR shall complete
and submit to the County Community Development Division a "Certification of Payments
to Influence Federal Transactions" form and a "Standard Form LLL - Disclosure of
Lobbying Activities" form. Likewise, before the awards a contract using at least
$100,000 of such CDBG funds, the CONTRACTOR shall require the consultant and/or
sub-contractor and all their sub-consultants and/or subcontractors to complete and
submit these two (2) forms described hereinabove to both the CONTRACTOR and the
COUNTY.
x Records Retention: The CONTRACTOR shall retain all financial records, supporting
documents, statistical records and all other records pertinent to this Agreement for a
period of four (4) years from the date of the submission of the COUNTY's consolidated
annual performance and evaluation report to HUD in which the activities assisted under
this Agreement are reported on for the final time. If there is litigation, claims, audits,
negotiations or other actions that involve any of the records cited and that have started
before the expiration of the four-year record retention period, such records must be
retained until completion of the actions and resolution of all issues, or the expiration of the
four-year period, whichever occurs later (24 CFR 570.502, 570.503(b)(2), 570.506).
x Uniform Administrative Requirements: The CONTRACTOR shall comply with applicable
Uniform Administrative Requirements, as described in 24 CFR 570.502.
x Other Program Requirements: The CONTRACTOR shall comply with CDBG program
requirements described in 24 CFR 570.600 – 615 not otherwise mentioned in this
Agreement, except that the District does not assume the COUNTY’s responsibilities
described at 24 CFR 570.604 or 24 CFR 52.
x Faith-Based Organizations: The CONTRACTOR agrees that funds provided under this
Agreement will not be utilized for inherently religious activities such as worship, religious
instructions or proselytization, and that the CONTRACTOR will comply with all
requirements of 2 CFR 570.200(j) and 5.109.”
PROCUREMENT AGREEMENT NUMBER: P-20-477 Attachment Page 3 of 3
Super 8 Motel
December 11, 2020
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BUDGET SUMMARY
ORGANIZATION: Super 8 Motel
ADDRESS: 3142 S. Highland Ave., Selma CA. 93662
TELEPHONE: (559) 260-7011
CONTACT: Ramesh Panchal
EMAIL: super8m2127@gmail.com
CONTRACT: Homeless Shelter Services
CONTRACT TERM: December 1, 2020 through December 31, 2020
January 1, 2021 through January 31, 2021 (optional)
February 1, 2021 through February 28, 2021 (optional)
CONTRACT TOTAL: $170,850
30-Day Budget
Motel Rental/Lease: Super 8
December - $60 per room/night, up to 30 rooms per month $55,800
January - $65 per room/night, up to 30 rooms per month $60,450
February - $65 per room/night, up to 30 rooms per month $54,600
Total for Motel Rental/Lease $170,850