HomeMy WebLinkAboutQuinn Power Systems - Formal Cooperative Purchase Agreement - 06.12.23DocuSign Envelope ID: A5364DCE-95BA-4251-91 B1 -9C3E7B0A1 F1 8
FORMAL COOPERATIVE PURCHASE AGREEMENT
THIS AGREEMENT (Agreement) is made and entered into, effective on 6/12/23
by and between CITY OF FRESNO, a California municipal corporation (City), and QUINN
POWER SYSTEMS, a California corporation (Vendor).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and promises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. The Charter for the City allows for cooperative purchase agreements for materials,
supplies, and equipment. The city may use another government agency's
agreement, as an exception to the competitive bid process. Caterpillar Inc., entered
into a contract with Sourcewell (Original Government Contract). Vendor, is the
regional distributor for Caterpillar Inc., products in this area and is entering into this
Agreement as an authorized distributor of Caterpillar, Inc. The solicitation for the
Original Government Contract is attached as Exhibit A.
2. Vendor's Obligation. Vendor shall provide those services and carry out that work
described in the Original Government Contract, which is attached hereto as Exhibit
B and is incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
3. City's Obligation. City shall make to the Vendor those payments described in
Exhibits A and B, subject to all the terms and condition contained or incorporated
herein.
4. Notwithstanding the requirements that the Original Government Contract is fully
binding on the Parties, the parties have agreed to modify certain non -material
provisions of the Original Government Contract as applied to this Agreement
between the Vendor and the City, as follows:
a) Address change for the City: Notwithstanding the address and contract
information for the government entity as set out in Exhibit B, the Vendor agrees
that notices and invoices will be sent to:
City of Fresno
Attention: Samuel Nadores
1626 E Street
Fresno, CA 93706
Phone: (559) 621-1602
E-mail: samuel.nadores@fresno.gov
b) Notwithstanding anything in Exhibits, A and B to the contrary, this Agreement
shall be governed by, and construed and enforced in accordance with, the laws
of the State of California, excluding however, any conflict of laws rule which
would apply the law of another jurisdiction.
GSD-B Formal Product CPA - DPW (12-2022)
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DocuSign Envelope ID: A5364DCE-95BA-4251-91B1-9C3E7BOA1F18
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall
be Fresno County, California.
c) All other provisions in the Original Government Contract are fully binding on
the parties and will represent the agreement between the City and the
Vendor.
5. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of
authority must be expressly included in the Agreement.
[Signatures follow on the next page.]
GSD-B Formal Product CPA - DPW (12-2022)
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DocuSign Envelope ID: A5364DCE-95BA-4251-91B1-9C3E7BOA1F18
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a Califqrna municipal corporation
qcu igne y
By: /�a 'e'�l 6/12/2023
Brock oche, PE, PLS
Director
Department of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
OocuSign by:
By: �auMlt,flatn. 6/12/2023
�i°#Cj i an Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Qggr
ocu I by:
By: 'rinq (�bbtY 6/12/2023
Deputy
Attachments:
Exhibit A - Original Solicitation
Exhibit B - Original Government Contract
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QUINN POWER SYSTEMS, a California
corporation
LDc�=�
Slgned by:
By:6/12/2023
Name: Henry Quan
Title: Executive vP
(If corporation or LLC., Board Chair,
rfj�,% �,,Vlpe Pres.)
By:
6/12/2023
Name: Mi chel l e Locke
Title: CFO
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
VENDOR:
Quinn Power Systems
Attention: Souphy Chansirik
3500 Shepherd Street,
City of Industry, CA 90601
Phone: (562) 463-4754
Facsimile: (562) 463-7156
E-mail:
souphy.chansirik@quinnpower.com