HomeMy WebLinkAboutJerry Kelly Inc a dba of Enviroclean Sanitation Supply - 07.28.23DocuSign Envelope ID: 343403AS-BB1E-4331-B24A-E91AB88C1421
INFORMAL COOPERATIVE PURCHASE AGREEMENT
This Agreement is made and entered into effective on 7/28/2023
by and between City of Fresno, a California municipal corporation (City), and Jerry Kelly,
Inc., dba Enviroclean Sanitation Supply, a California corporation (Vendor), for Paper
Goods and Janitorial Supplies.
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 work of
public improvement. The City is allowed to piggyback an existing government
agency's agreement, under Fresno City Charter 1208. The parties agree the
Vendor was awarded a contract by a government agency (Original Government
Contract). City and Vendor entered into a Cooperative Purchase Agreement
(Purchase Agreement) on rbJR61923
2. Vendor's Obligation. Vendor shall provide those services and carry out that work
described in the Original Government Contract, which is attached to the Purchase
Agreement and is incorporated herein by reference, subject to all the terms and
conditions contained or incorporated herein.
3. City's Obligation. City accepts Vendor's bid proposal as stated and shall make to
the Vendor those payments described in the Purchase Agreement, subject to all
the terms and condition contained, or incorporated herein.
4. Project. City and Vendor agree the project performed pursuant to this Agreement
shall not exceed $158,000 (Formal Bid Limit). Vendor shall not perform any work
in excess of the Formal Bid Limit.
5. Trench Shoring Detailed Plan. Vendor acknowledges the provisions of Section
6705 of the California Labor Code and, if said provisions are applicable to this
Contract, agrees to comply therewith.
6. Worker's Compensation Certification. In compliance with the provisions of Section
1861 of the California Labor Code, Vendor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the California Labor
Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance
with the provisions of that Code, and I will comply with such
provisions before commencing the performance of work of this
Contract and will make my subcontractors aware of this provision."
7. Modification of Original Government Contract. 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:
FIN-S Informal Cooperative Purchase Agt. FIN (09-2022)
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DocuSign Envelope ID: 343403A8-BB1E-4331-624A-E91AB88C1421
a) City's Standard Terms and Conditions attached to the Purchase Agreement
are incorporated herein.
b) City's Insurance and Indemnity attached to the Purchase Agreement are
incorporated herein.
c) Address for the City. The Vendor agrees that notices and invoices will be
sent to:
CITY
City of Fresno
Attention: Airports ,Fresno Yosemite International Airport
4995 E. Clinton Way
Fresno, Ca 93727
Phone: (559) 269-5328
E-mail: Richard.Rogers@fresno.gov
d) Notwithstanding anything in Purchase Agreement 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. 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.
e) 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.
8. 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.]
FIN-S Informal Cooperative Purchase Agt. FIN (09-2022)
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DocuSign Envelope ID: 343403A8-BB1E-4331-B24A-E91AB88C1421
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a Califgsa,.g,nynicipal corporation
By:
M.t�.issa �c,�allc,s
e Issakso era les
Purchasing Manager
Date: 7/28/2023
No signature of City Attorney required.
Standard Document #FIN-S Informal
Cooperative Purchase Agt. FIN (09-
2022) has been used without
modification, as certified by the
u nderSmgl by:
T.ut•,�c Ton�cw,c 7/28/2023
By:
Tamra Torrence
Sr. Procurement Specialist
ATTEST:
TODD STERMER, CMC
City Clq r4�i9�I by:
By: fi qoW 7/z8/zoz3
Date
Deputy
FIN-S Informal Cooperative Purchase Agt. FIN (09-2022)
JERRY KELLY, INC., DBA
ENVIROCLEAN SANITATION SUPPLY,
a Califg N e99yrporation
By:
r ��r
9 -
Name: Jerry Kelly
Title: President
(If corporation or LLC., Board Chair, Pres.
or Vice Pres.)
Date: 7/28/2023
DacaSigned by:
By.
n
Name: Ryan Montoya
Title: secretary
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Date: 7/28/2023
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
VENDOR:
Jerry Kelly, Inc., dba Enviroclean
Sanitation Supply
Attention: Ryan Montoya
1808 E. Mckinley Ave
Fresno, Ca 93703
Phone:
E-mail: ryanm@envirocleancorp.com
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