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Home My WebLink About23379County of F n~~".~\I/~ n~~r;";j~~ r'~'.1"'1 !'I\!'):'(I!.~:'r:firtl r DEPARTMENT OF GENERAL SERVICES 00 JUL 20 PN I:58 PURCHASINGDIVISION Linzie L.Daniel Director of Administrative Services PROCUREMENT AGREEMENT ENTERTAINMENT SERVICES June 29,2000 Agreement No.210005D McGee Puppet Productions 1397 Beulah Street Hanford,CA 93230-3110 The County of Fresno (County)hereby contracts with Randel McGee (Contractor)to provide Entertainment Services in accordance with Attachment A,attached,and by this reference made a part hereof. TERM:This Agreement shall become effective July 1,2000 and shall remain in effect through June 30,2001. 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). CONTRACTOR'S SERVICES:Contractor shall perform the services as described in Attachment "A"attached,at the rates set forth in Attachment "A". ADDITIONAL ITEMS:The County reserves the right to negotiate additional items to this Agreement as deemed necessar/.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 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. INVOICING:An itemized invoice in duplicate shall be mailed to requesting County department in accordance with invoicing instructions included in each order referencing 4525 E.Hamilton Avenue /Fresno,california 93702 purchasing (559)456-7110 .central warehouse (559)456-7851 .Central services (559)456-7868 Equal Errployment QJportunity.Affirmative Action.Disabled Errployer PROCUREMENT AGREEMENT NO.210005D McGee Puppet Productions June 29,2000 Page 2 this Agreement.The Agreement number must appear on all shipping documents and invoices.Invoice terms shall be Net 45 Days. MAXIMUM:In no event shall services performed and/or fees paid under this Agreement be in excessof $6,500.00. 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 Ag reement. 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. 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. INSURANCE:Provi1de,maintain and furnish proof of Workers Compensation Insurance as required by law. 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 \\PURCHASE1\0440\CONTRACTS &EXTRACTS\D\210005D MCGEE PUPPET PRODUCTIONS.DOC PROCUREMENT AGREEMENT NO.210005D McGee Puppet Productions June 29,2000 Page 3 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 employmentrights and benefitsavailableto Countyemployees.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. Please acknowledge your acceptance by returning all pages of the signed original of this Agreement to my office,retaining a copy for your files. Please refer any inquiries in this matter to Sharon W.Loving,Buyer II,at (559)456-7110. 1hi~ T~~ron M.Toler Purchasing Manager TMT:SWL:jlg \\PURCHASE1\0440\CONTRACTS &EXTRACTS\D\210005D MCGEE PUPPET PRODUCTIONS.DOC PROCUREMENT AGREEMENTNO. McGee Puppet Productions June 29,2000 210005D Attachment Page 1 of 1 ATTACHMENT '~" SERVICES " Randel McGee and his zany dragon,Groark,take a humorous look at sports and games for this summer's Library theme:"Team Up With Books".Groark enthusiastically tries to get the children involved in dragon exercises and games that only he is able to do as a dragon.Randel describes other games and activities that kids could have fun with based upon ideas and instructions from books.The show is summarized by the rousing song,"Give It All That You've Got!" The program length is approximately forty (40)minutes. Cost per show is $175.00 for libraries. \\PURCHASE1\0440\CONTRACTS &EXTRACTS\D\210005D MCGEE PUPPET PRODUCTIONS.DOC