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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) -1- 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) -2- 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 -3-