GSD-B Service Contract – Contractor (08-2023)
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SERVICE CONTRACT
THIS CONTRACT (Contract) is made and ent ered into by and between the CITY OF FRESNO, a California municipa l corporation (City), and [Contractor Name], [Legal Identity] (Contractor), as follows:
1. CONTRACT DOCUMENTS. The "Notic e Inviting Bids," "Instructions to Bidders," "Bid Proposal," and the "Specif ications" including "General Conditions", "Special Conditions" and "Technical Specifications" for the following: [Title] (Bid File No. [Number]) [Alternates (if any)] 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, and shall be known as the Contract Documents.
2. PRICE. For the monetar y consideration of $[Dollar Amount], 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 time s, 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 applicab le), Contractor shall indemnify, hold harmless and defend City and each of its offi cers, 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 Cit y, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses, and cost s to enforce this agr eement), 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, em ployees, agents or volunteers are passively negligent, but shall not apply to any loss, liabi lity, fines, penalties, fo rfeitures, 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, offi cials, employees, age nts 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 del egation of authority must be expressly included in the Agreement.
[Signatures follow on the next page.]
GSD-B Service Contract – Contractor (08-2023)
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IN WITNESS WHEREOF, the parties have exec uted 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:
[Name]
[Title]
General Services Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Date
Supv./Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
[CONTRACTOR'S NAME],
[Legal Identity]
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: [Name], [Title]
[Street Address]
Fresno, CA [Zip]
Phone: (559) [#]
E-mail: [E-mail Address]
CONTRACTOR:
[Contractor Name]
Attention: [Name], [Title]
[Street Address]
[City, State Zip]
Phone: [area code and #]
E-mail: [E-mail Address]