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Home My WebLink About23448" Countyof ,'T""U pl!.!'4~~INIUU.;.F -"~~"'.~\'~;.,..I.~SERVICES-~-.DE~. n~~-..;;.~~n!t\PR~q:DMSIONPROCUREMENTAGREEMENT'~. ENTERTAINMENTSERVICES April 6,2001 Agreement No.210227J Art Grueneberger 2223 E Street,Suite A Sacramento,CA 95816 The County of Fresno (County)hereby contracts with Art Grueneberger of Puppet Art Theater Company (Contractor)to provide Entertainment Services in accordance with Attachment A,attached,and by this reference made a part hereof. TERM:This Agreement shall be for (1)year effective June 1,2001. 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 to add additional items to this Agreement as deemed necessary.Such additions shall be made in writing and signed by both parties. DEFAULT:In case of defauit by Contractor,the County may procure the articies 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 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 excess of $3,200. 4525 EAsr Hi>MILTCNAVEMJE,FRESI\U,CAlIFffiNIA 93702-4599 PuRoi<\sm;(559)456-7110 .CENTRALWARmxJsE (559)456-7851 .CENTRALSERVICES (559)456-7868 PROCUREMENT AGRE=EMENTNO.210227J Art Grueneberger April 4,2001 Page 2 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 Contractors 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 judgements resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor,its agent,officers or employees under this Agreement. Provide,maintain and furnish proof of the following: 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 ali of Contractor's officers,agents,and employees wiii 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, 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 regulation,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 G:\CONTRACTS &EXTRACTS\J\21 0227 J ART GRUENEBERGERDOC PROCUREMENT AGRE:EMENT NO.210227J Art Grueneberger April 4,2001 Page 3 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. Pleaseacknowledgeyour acceptanceby returningall 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 Brian D.Tamblin,Buyer I,at (559)456-7110. 1 Theron M.Toler Purchasing Manager Date:J2 ~pr--Of TMT:BDT:jlg G:\CONTRACTS &EXTRACTS\J\210227J ART GRUENEBERGER.DOC G:\CONTRACTS &EXTRACTS\J\210227J ART GRUENEBERGER.DOC --n -_n- PROCUREMENT AGREEMENT NO.210227J Art Grueneberger April 4,2001 Attachment Page 1 of 1 A TTACHMENT '~" ENTERTAINMENT SERVICES Art Grueneberger,of Puppet Art Theater Co.,will perform a 45-minute puppet program based on comedy,music,traditional children's literature and original works.All programs feature a cast of original puppet characters performing on a 6'x 9'touring stage complete with a professional sound system and two performing tiers.Each production includes a "behind the scenes"look at the show with a special puppetry demonstration. Puppet Art Theater Co.produces professional quality live Puppet Theater for children and adults. The cost for each program is $165 with a guaranteed three shows per day.The cost includes all lodging,transportation and meal expenses. Justification for selection The performer,Art Grueneberger,of Puppet Art Theater Co.,was chosen to provide programs for patrons of the Fresno County Library by a committee of professional librarians who possess extensive knowledge of children's programming as well as experience and training in providing library services to youth.The performer was selected through a competitive audition process by exhibiting superior and unique skills as an entertainer for children in a library setting.Other important selection criteria were excellent references from other library systems,rapport when working with a multicultural,diverse audience and expected appeal in the communities served by the Fresno County Library.This performer is in high demand,offering a quality literature-based program at a competitive,affordable fee. G:\CONTRACTS &EXTRACTS\J\210227J ART GRUENEBERGERDOC