HomeMy WebLinkAbout273731 AGREEMENT
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2 THIS AGREEMENT, entered into this ;2. 7 day of Au 145 r I
3 2014 by and between the COUNTY OF FRESNO, a political Subdivision of the State
4 of California, hereinafter referred to as "COUNTY", and Fresno Fly Fishers for
5 Conservation, a non-profit corporation, c/o Scott West, 100 E. Sierra, PMB 3310,
6 Fresno, CA. 93710, hereinafter called "CONTRACTOR".
7 WHEREAS, the Board of Supervisors at the request of Public Works and
8 Planning staff and in concurrence with the Recreation and Wildlife Commission have
9 approved funds in the COUNTY'S Fish and Game Fine monies pursuant to California
10 Fish and Game Code Sections 13000 et seq., as per Fresno County Recreation and
11 Wildlife Commission 2014-15 application; and
12 WHEREAS, the CONTRACTOR is qualified and willing to perform all of
13 the services detailed herein below.
14 NOW, THEREFORE, it is agreed by both parties as follows:
15 1. CONTRACTOR'S OBLIGATIONS: CONTRACTOR shall be
16 responsible to purchase supplies, materials, and equipment to accomplish projects
17 and to complete such projects as provided in the Fresno County Recreation and
18 Wildlife Commission 2014-2015 application submitted by CONTRACTOR, attached
19 hereto as Attachment "A" and incorporated herein by this reference.
20 2~ TERM: This Agreement shall be effective and the service
21 described above shall be performed as of the date the Agreement is executed by the
22 COUNTY through May 30, 2015.
23 3. FEE: The COUNTY agrees to pay CONTRACTOR and
24 CONTRACTOR agrees to perform the services for Seven Hundred Fifty and 00/1 00
25 ($750.00) Dollars. The funds are estimates only; cost per area or line item may vary.
26 However, in no event shall the total service fee paid under this Agreement exceed
27 Seven Hundred Fifty and 00/100 ($750.00) Dollars.
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COUNTY OF FRESNO
Fresno, California
4. PAYMENTS: The COUNTY will make reimbursement payments
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COUNTY OF FRESNO
Fresno, California
upon presentation of a valid invoice. Invoice shall be on CONTRACTOR'S
letterhead, accompanied by documentation substantiating purchase of materials and
supplies to complete project. COUNTY shall make payment to CONTRACTOR within
Forty-five (45) days after receipt of invoice by COUNTY.
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.
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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
12 performing as an independent contractor, and shall act in an independent capacity
13 and not as an officer, agent, servant, employee, joint venturer, partner, or associate of
14 the COUNTY. Furthermore, COUNTY shall have no right to control or supervise or
15 direct the manner or method by which CONTRACTOR shall perform its work and
16 function. However, COUNTY shall retain the right to administer this Agreement so as
17 to verify that CONTRACTOR is performing its obligations in accordance with the terms
18 and conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable
19 provisions of law and the rules and regulations, if any, of governmental authorities
20 having jurisdiction over matters the subject thereof.
21 Because of its status as an independent contractor, CONTRACTOR
22 shall have absolutely no right to employment rights and benefits available to COUNTY
23 employees. CONTRACTOR shall be solely liable and responsible for providing to, or
24 on behalf of, its employees all legally required employee benefits. In addition,
25 CONTRACTOR shall be solely responsible and save COUNTY harmless from all
26 matters relating to payment of CONTRACTOR'S employees, including compliance
27 with Social Security withholding and all other regulations governing such matters. It is
28 acknowledged that during the term of this Agreement, CONTRACTOR may be
COUNTY OF FRESNO
Fresno, California 3
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providing services to others unrelated to the COUNTY or to this Agreement.
9. MODIFICATION: Any matters of this Agreement may be modified
from time to time by the written consent of all the parties without, in any way, affecting
the remainder.
10. ASSIGNMENT: Neither party shall assign, transfer or
6 subcontract this Agreement nor their rights or duties under this Agreement without the
7 prior written consent of the other party.
8 11. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save,
9 hold harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents,
10 and employees, from any and all costs and expenses, damages, liabilities, claims, and
11 losses occurring or resulting to COUNTY in connection with the performance, or
12 failure to perform, by CONTRACTOR, its officers, agents, or employees, under this
13 Agreement, and from any and all costs and expenses, damages, liabilities, claims and
14 losses occurring or resulting to any person, firm, or corporation who may be injured or
15 damaged by the performance, or failure to perform, of CONTRACTOR, its officers,
16 agents, or employees, under this Agreement.
17 12. INSURANCE: Without limiting the COUNTY'S right to obtain
18 indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole
19 expense, shall maintain in full force and effect the following insurance policies
20 throughout the term of this Agreement:
21 A. Comprehensive liability insurance in the amount of One Million
22 ($1,000,000) Dollars
23 B. Workers Compensation insurance in accordance with the
24 California Labor code.
25 Such insurance policies shall name the COUNTY, its officers,
26 agents, and employees, individually and collectively as additional insured, but only
27 insofar as the operations under this contract are concerned. Such coverage for
28 additional insured shall apply as primary insurance and any other insurance, or self
COUNTY OF FRESNO
Fresno, California 4
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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
13 operations under this contract are concerned; that such coverage for additional
14 insured shall apply as primary insurance and any other insurance, or self-insurance,
15 maintained by the COUNTY, its officers, agents, and employees, shall be excess only
16 and not contributing with insurance provided under the CONTRACTOR'S policies
17 herein; and that this insurance shall not be canceled or changed without a minimum of
18 thirty (30) days advance written notice given to COUNTY.
19 In the event CONTRACTOR fails to keep in effect at all times
20 insurance coverage as herein provided, the COUNTY may, in addition to other
21 remedies it may have, suspend or terminate this Agreement upon the occurrence of
22 such event.
23 13. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any
24 time during business hours, and as often as the COUNTY may deem necessary,
25 make available to the COUNTY for examination all of its records and date with respect
26 to the matters covered by this Agreement. The CONTRACTOR shall, upon request by
27 the COUNTY, permit the COUNTY to audit and inspect all of such records and data
28 necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
COUNTY OF FRESNO
Fresno, California 5
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Fresno, California
If this Agreement exceeds Ten Thousand ($10,000) Dollars,
CONTRACTOR shall be subject to the examination and audit of the Auditor General
for a period of three (3) years after the final payment under contract (Government
Code Section 8546.7).
14. NOTICES: The persons and their addresses having authority to
give or receive notices under this Agreement include the following:
County of Fresno
Resources Manager
Department of Public Works
and Planning
2220 Tulare St. 6th Floor
Fresno, CA 93721
(559) 600-3004
Contractor
Scott West
Fresno Fly Fishers for
Conservation
100 E. Sierra, PMB 3310
Fresno, CA 93710
(559) 246-4389
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 understanding of any nature
whatsoever unless expressly included in this Agreement.
Ill
Ill
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COUNTY OF FRESNO
Fresno, California
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first hereinabove written.
C~OTR CTO~ 17 _ -W;i»r
(A thonzed S1gnature)
SC.o-rr L. l/Je-Jr; /1?G:JJJ.J.£rt1
Print Name and Title
Mailing Address
DATE: ___ C4_---=ff-_-__:_/ 4-~----
FOR ACCOUNTING USE ONLY:
FUND NO. 0115
ORG NO 4350
ACOUNT NO 7400
SUBCLASS NO. 10000
PROGRAM NO. 0
ESNO PURCHASING
DATE: _ ___jt]L_-!...J..{~L-,.,_:_/~f-----
G:\791 OParks&Grounds\Public\RECNWILD\Rec&Wildlife Commission Funding Application FY 14-15\Fish and Game Propagation
Funding\Fresno Fly Fishers for Conservation\Fresno Fly Fishers for Conservation FY14-15.doc
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Attachment "A"
County Fines Grant Proposal
Proposal
Fresno Fly Fishers for Conservation (FFFC) is requesting a grant for $750 to cover the cost of the
purchase of an aquarium chiller to be used by a teacher in Fresno County. The selected teacher
will participate in the Salmon in the Classroom (SIC) program permitted by the California State
Department of Fish and Wildlife (DFW). Students that are involved with SIC are able to see first
hand the Chinook salmon life cycle. This new found knowledge will give them insights into the
challenges facing salmon restoration in the San Joaquin River. This past season FFFC has had
two older chillers quit working and these had to be pulled from classrooms. In order to
maintain or even to increase the number of participating classes, periodically we have to invest
in new equipment. This grant would help bolster our efforts to help the SIC program grow
here in Fresno County.
Background
FFFC is 501(c)3 tax-exempt non-profit organization that has as one of its main goals the
education of the public to the value of sustaining healthy river systems and the fish that depend
on those clean waterways. To that end one of our club's primary contributions has been to
support DFG's Salmon in the Classroom program. SIC has been implemented in states that have
rivers that can sustain salmon ids (trout, steel head or salmon). Participating teachers are
permitted by DFW after attending a 4 hour workshop and are given salmonid eggs to incubate
in a classroom incubator aquarium. Here in the San Joaquin Valley there are teachers in grades
kindergarten -12th grade that can choose to incubate rainbow trout or Chinook s·almon eggs.
Within a few weeks after hatching the fry are released by the teacher and students into a
nearby river during a class field trip. Classroom lessons take place throughout all
developmental stages of the eggs and fry.
Support for SIC from our club has come in several forms:
Each year for the past 4 years FFFC has offered five grants of $250 each to help
individual teachers purchase supplies to get their TIC project started.
FFFC services and maintains approximately ten chillers that are on loan to participating
teachers throughout Fresno County.
FFFC members volunteer during classroom field trips helping to educate students on
river insects, fly casting and even fly tying. Members also put in time when delivery of
eggs to classrooms takes place each winter.
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Budget
Glacier Aquarium Chiller $640.00 shipping $55.00 tax $55.00 = $750
Goal
FFFC would like to continue to expand our support to additional teachers throughout Fresno
County. With the support of the County Fines Commission we would be able to do that. Ideally
we would like to have this proposal renewed on a yearly basis. We kept our budget proposal
relatively low to help ensure the likelihood of that happening.
Our club's yearly budget is determined almost entirely by funds garnered by our annual
banquet in the spring. In addition to supporting SIC we have an annual Youth Fly Fishing
Academy which serves to educate boys and girls between the ages of 11-15 (and their parents)
on all aspects of the sport of fly fishing. On the conservation side, FFFC continues to work on
increasing the overall health of local waterways, from Big Meadows in the Sierras to the lower
Kings River here in the Valley, to create sustainable fisheries. These activities create a
significant drain on our available capital.
We appreciate your consideration,
Bill Bruce Scott West
Education Chair FFFC President
Fly Fishers for Conservation
100 E. Sierra, PMB 3310
Fresno, CA 93710
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