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Home My WebLink About23296County of ~D~~...~I/~ rn."--;~':t4~ RECEIVED ~UI1,CH~S\NGD~fL 99 JUt.Zt3 PH 2-39 Department of General Services Purchasing Unzle L.DanIelPROCUREMENTAGREEMENT CUSTOM PRINTING PAPER/SUPPLIES Director of Admlnlsbatlve ServIces June 21,1999 Agreement No.200005E Xpedx 5588 N.Palm Fresno,CA 93704 The County of Fresno (County)hereby contracts with Xpedx (Contractor)to purchase custom printing paper and supplies in accordance with Attachment "A",attached and by this reference made a part hereof. TERM:This Agreement shall become effective July 1,1999 and shall remain in effect through June 30,2000. RENEWAL:Agreement shall automatically renew for an additional one (1)year period except when written notice is delivered by either party to the other expressing intent not to renew.Such notice must be delivered a minimum of sixty (60)days prior to the next expiration date of this Agreement.The maximum number of automatic one (1)year renewal periods under this Agreement is two (2). MINIMUM ORDERS:Unless stated otherwise there shall be no minimum order quantity.The County reserves the right to increase or decrease orders or quantities. ORDERS:Orders will be placed on an as-needed basis by various County departments under this contract. 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 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 Countyshallbe consideredthe prevailingmarketpriceat the timesuchpurchaseis 4525 E.Hamilton Avenue /Fresno,California 93702 Purchasing(209)456-7110 .CentralWarehouse (209)456-7851 -Central Services (209)456-7868 £qual EmploymentOpportunity-Affirmative Action -DisabledEmployer PRC>CUREMENTAGREEMENT NO.200005E Xpedx June 21,1999 Page 2 made.Inspection of deliveries or offers for delivery which do not meet specifications will be at the expense of Contractor. 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 2%Discount,30 Days,Net 31 Days. 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:Contractor shall,as required by law,ordinance,code or decree permit the County to audit and inspect all such records and data pertaining to this Agreement and at all reasonable times be open to inspection by authorized representatives of the County. INSURANCE AND 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,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. Provide,maintain and furnish proof of the following: Workers Compensation insurance in accordance with the California Labor Code. If delivery is to be made by a vehicle that is owned,operated,rented or leased by your company,then Automotive Public Liability Insurance with limits of not less than $100,000 per occurrence and not less than $300,000 annual aggregate for bodily injury and not less than $50,000 property damage is required.If large vehicle delivery trucks are utilized,automobile insurance with combined single limit coverage in the amount of $500,000 is required. G:\CONTRACTS &EXTRACTS\E\200005E XPEDX.DOC PROCUREMENTAGREEMENTNO.200005E Xpedx June 21,1999 Page 3 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. 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. G:\CONTRACTS &EXTRACTS\E\200005E XPEDX.DOC PROCUREMENTAGREEMENTNO.200005E Xpedx June 21,1999 Attachment Page 1 of 1 ATTACHMENT "A" SUPPLIES ~Terms:Cash Terms are 2%,30 days,Net 31. ~Delivery:From Xpedx warehouses in Downey and Hayward, California.If order is placed by 5:00 p.m.,delivery will be made by 9:00 a.m.the following day.For all stock items,this is our policy.For items from mills,delivery time will be given to Fresno County. ~Quantity Discounts:Discounts for all items in current Xpedx catalog will be 10%from extreme bracket,excluding carbonless papers. ~Bracket Guarantees:Fresno County will receive the extreme bracket price for all items in current Xpedx catalog,less the 10% discount excluding carbonless papers. ~Carbon less Discounts:The following discounts from Xpedx current catalog will apply for NCR products: Premium less 30% CIS Tag less 32% Superior less 32% Xero form less 10% Recover less 36% *Above discounts are from extreme bracket in Xpedx catalog. 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