HomeMy WebLinkAbout273661 AGREEMENT
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2 THIS AGREEMENT, entered into this -Zt/ 7 day of Wjust
3 2014 by and between the COUNTY OF FRESNO, a political Subdivision of the State
4 of California, hereinafter referred to as "COUNTY", and Central Valley Sportsman's
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Club, a non-profit corporation, c/o Jesse Benavides, 2516 S. Rowell, Fresno, CA
93725, hereinafter called "CONTRACTOR".
WHEREAS, the Board of Supervisors at the request of Public Works and
Planning staff and in concurrence with the Recreation and Wildlife Commission have
approved funds in the COUNTY'S Fish and Game Fine monies pursuant to California
Fish and Game Code Sections 13000 et seq., as per Fresno County Recreation and
Wildlife Commission 2014-15 application; and
WHEREAS, the CONTRACTOR is qualified and willing to perform all of
the services detailed herein below.
NOW, THEREFORE, it is agreed by both parties as follows:
1. CONTRACTOR'S OBLIGATIONS: CONTRACTOR shall be
responsible to purchase supplies, materials, and equipment to accomplish projects
and to complete such projects as provided in the Fresno County Recreation and
Wildlife Commission 2014-2015 application submitted by CONTRACTOR, attached
hereto as Attachment "A" and incorporated herein by this reference.
2. TERM: This Agreement shall be effective and the service
described above shall be performed as of the date the Agreement is executed by the
COUNTY through May 30, 2015.
3. FEE: The COUNTY agrees to pay CONTRACTOR and
CONTRACTOR agrees to perform the services for Two Thousand and 00/1 00
($2,000.00) Dollars. The funds are estimates only; cost per area or line item may
vary. However, in no event shall the total service fee paid under this Agreement
exceed Two Thousand and 00/100 ($2,000.00) Dollars.
4. PAYMENTS: The COUNTY will make reimbursement payments
COUNTY OF FRESNO
Fresno, California
1 upon presentation of a valid invoice. Invoice shall be on CONTRACTOR'S
2 letterhead, accompanied by documentation substantiating purchase of materials and
3 supplies to complete project. COUNTY shall make payment to CONTRACTOR within
4 Forty-five (45) days after receipt of invoice by COUNTY.
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5. INVOICING: Invoicing shall be in duplicate to: Fresno County
Parks, Resources Manager, 2220 Tulare St. 61h Floor, Fresno, CA 93721.
6. TERMINATION:
A. Non Allocation of Funds -The terms of this Agreement,
and the services to be provided thereunder, are contingent upon the approval of funds
by the appropriating governmental agency. Should sufficient funds not be allocated,
the services provided may be modified, or this Agreement terminated, at any time by
giving the CONTRACTOR thirty (30) days advance written notice.
B. 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;
3) A substantially incorrect or incomplete report submitted to the
COUNTY;
4) Improperly performed service.
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
judgement of the COUNTY were not expended in accordance with the terms of this
Agreement. The CONTRACTOR shall promptly refund any such funds upon demand.
COUNTY OF FRESNO
Fresno, California ,.,
1 C. Without Cause: Under circumstances other than those set
2 forth above, this Agreement may be terminated by COUNTY or CONTRACTOR upon
3 the giving of thirty (30) days advance written notice of an intention to terminate to the
4 other party.
5 7. COMPLIANCE WITH LAWS: CONTRACTOR shall comply with
6 all federal, state and local laws, ordinances and regulations applicable to the activities
7 covered by this Agreement.
8 8. INDEPENDENT CONTRACTOR: In performance of the work,
9 duties and obligations assumed by CONTRACTOR under this Agreement, it is
10 mutually understood and agreed that CONTRACTOR, including any and all of the
11 CONTRACTOR'S officers, agents, and employees will at all times be acting and
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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
COUNTY OF FRESNO
Fresno. California
1 providing services to others unrelated to the COUNTY or to this Agreement.
2 9. MODIFICATION: Any matters of this Agreement may be modified
3 from time to time by the written consent of all the parties without, in any way, affecting
4 the remainder.
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10. ASSIGNMENT: Neither party shall assign, transfer or
subcontract this Agreement nor their rights or duties under this Agreement without the
prior written consent of the other party.
11. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save,
hold harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents,
and employees, from any and all costs and expenses, damages, liabilities, claims, and
losses occurring or resulting to COUNTY in connection with the performance, or
failure to perform, by CONTRACTOR, its officers, agents, or employees, under this
Agreement, and from any and all costs and expenses, 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.
12. 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
throughout the term of this Agreement:
A. Comprehensive liability insurance in the amount of One Million
($1 ,000,000) Dollars
B. Workers Compensation insurance in accordance with the
California Labor code.
Such insurance policies shall name the COUNTY, its officers,
agents, and employees, individually and collectively as additional insured, but only
insofar as the operations under this contract are concerned. Such coverage for
additional insured shall apply as primary insurance and any other insurance, or self
COUNTY OF FRESNO
Fresno. California ..
1 insurance, maintained by the COUNTY, its officers, agents, and employees shall be
2 excess only and not contributing with insurance provided under the CONTRACTOR'S
3 policies herein. This insurance shall not be canceled or changed without a minimum
4 of thirty (30) days advance written notice given to COUNTY.
5 Prior to commencing performance of its obligations under this
6 Agreement, CONTRACTOR shall provide certificates of insurance on the foregoing
7 policies as required herein, to the COUNTY'S DEPARTMENT OF PUBLIC WORKS
8 AND PLANNING, stating that such insurance coverages have been obtained and are
9 in full force; that the COUNTY, its officers, agents, and employees will not be
1 0 responsible for any premiums on the policies; that such insurance names the
11 COUNTY, its officers, agents, and employees, individually and collectively, as
12 additional insured (except Workers Compensation Insurance), but only in so far as the
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operations under this contract are concerned; that such coverage for additional
insured shall apply as primary insurance and any other insurance, or self-insurance,
maintained by the COUNTY, its officers, agents, and employees, shall be excess only
and not contributing with insurance provided under the CONTRACTOR'S policies
herein; and that this insurance shall not be canceled 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.
13. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any
time during business hours, and as often as the COUNTY may deem necessary,
make available to the COUNTY for examination all of its records and date with respect
to the matters covered by this Agreement. The CONTRACTOR shall, upon request by
the COUNTY, permit the COUNTY to audit and inspect all of such records and data
necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
COUNTY OF FRESNO
Fresno, California
1 If this Agreement exceeds Ten Thousand ($10,000) Dollars,
2 CONTRACTOR shall be subject to the examination and audit of the Auditor General
3 for a period of three (3) years after the final payment under contract (Government
4 Code Section 8546.7).
5 14. NOTICES: The persons and their addresses having authority to
6 give or receive notices under this Agreement include the following:
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County of Fresno
Resources Manager
Department of Public Works
and Planning
2220 Tulare St. 61h Floor
Fresno, CA 93721
(559) 600-3004
Contractor
Jess Benavides
Central Valley Sportsman's Club
2516 S. Rowell
Fresno, CA 93725
Any and all notices between the COUNTY and the
CONTRACTOR provided for or permitted under this Agreement or by law shall be in
writing and shall be deemed duly served when personally delivered to one of the
parties, or in lieu of such personal services, when deposited in the United States Mail,
postage prepaid, addressed to such party.
15. GOVERNING LAW: Venue for any action arising out of or related
to this Agreement shall only be in Fresno County, California.
The rights and obligations of the parties and all interpretation and
performance of this Agreement shall be governed in all respects by the law of the
State of California.
16. ENTIRE AGREEMENT: This Agreement constitutes the entire
agreement between the CONTRACTOR and COUNTY with respect to the subject
matter thereof and supersedes all previous Agreement negotiations, proposals,
commitments, writings, advertisements, publications, and understandings of any
nature whatsoever unless expressly included in this Agreement.
Ill
Ill
COUNTY OF FRESNO
Fresno, California
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
2 of the day and year first hereinabove written.
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CONTRACTOR
d.J#<k · Ee~L~
(Authorized Signature) ·c~·· v""",. A_ ':-1' 0t::SS £ BErh4vr C'....r .,... 1 l...,.;;;>(~f
o8. .:{~/tS6l Rro ·t:lh::zc; C V S C.
Print Name and Title
Mailing AddrJs
DATE: ?/ 9-!jlf
FOR ACCOUNTING USE ONLY:
FUND NO. 0115
ORG N04350
ACOUNT NO 7400
SUBCLASS NO. 10000
PROGRAM NO. 0
COUNTY OF FRESNO PURCHASING
DATE: __ _.L..f --6=----.e::f2--=-----
G:\7910Parks&Grounds\Public\RECNWILD\Rec&Wildlife Commission Funding Application FY 14-15\Fish and Game Propagation
Funding\Central Valley Sportman's Club\Central Valley Sportsman's Club 14-15.doc
COUNTY OF FRESNO
Fresno. California