FIN-B Product Purchase (12-2022)
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SERVICE CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and ELEVATE COMMUNITY SERVICES, INC., Non-Profit Corporation (Contractor), as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to Bidders," "Bid Proposal," and the "Specifications" including "General Conditions", "Special Conditions" and "Technical Specifications" for the following: REQUIRMENTS CONTRACT FOR TRIAGE CENTER/EMERGENCY SHELTER OPERATIONS (Bid File No. 12301098) copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, and are hereby incorporated into and made a part of this Contract, a nd shall be known as the Contract Documents.
2. PRICE. For the monetary consideration of $1,398,656.00 for the Ambassador Inn, $1,398,656.00 for the Villa Motel, and $2,405,987.00 for the Travel Inn, for a total of $5,203,299.00, as set forth in the Bid Proposal, Contractor promises and agrees to furnish or cause to be furnished, in a new and working condition, and to the satisfaction of City, and in strict accordance with the Specifications, all of the items as set forth in the Contract Documents.
3. PAYMENT. City accepts Contractor's Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents.
4. INDEMNIFICATION: To the furthest extent allowed by law, including California Civil Code section 2782 (if applicable), Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or by the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require eac h subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
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 FIN-B Product Purchase (12-2022)
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must be expressly included in the Agreement.
[Signatures follow on the next page.]
FIN-B Product Purchase (12-2022)
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IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties.
CITY OF FRESNO,
A California municipal corporation
By:
Melissa Perales, Purchasing
Manager
Finance Department
APPROVED AS TO FORM:
ANDREW JANS
City Attorney
By:
Date
Supv./Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
ELEVATE COMMUNITY SERVICES,
INC.,
A Non-Profit Corporation
By:
Name:
Title:
(If corporation or LLC ., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Addresses:
CITY:
City of Fresno
Attention: Joe Pasillas, Housing &
Neighborhood Revitalization Manager
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-8053
E-mail: [email protected]
CONTRACTOR:
Elevate Community Services, Inc.
Attention: Wayne Rutledge, President
2550 W Clinton Ave, #142
Fresno, CA 93705
Phone: (559) 462-1373
E-mail: [email protected]