Loading...
HomeMy WebLinkAboutClay Miranda Trucking Inc -Service Agreement - 07.12.2022DocuSign Envelope ID: ABD910D4-0645-4FSE-9274-404FCFF4167A SERVICE CONTRACT This Contract is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and CLAY MIRANDA TRUCKING, INC., a California corporation (Contractor), as follows: 1. CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions to Proposers," "Proposal" and the "Specifications" including "General Conditions," "Special Conditions", "Federal Conditions", "Functional Specifications" and "Technical Requirements" for the following: Requirements Contract for Trucking Services Proposal No. 9640 copies of which are annexed hereto, together with all the documents specifically referred to in said annexed documents, including the Performance Bond, if required, are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. PRICE. For the monetary consideration of SIX HUNDRED SEVENTY- FOUR THOUSAND ONE HUNDRED FIFTY DOLLARS AND ZERO CENTS ($674,150 .00), as set forth in the Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, and to the satisfaction of the City, and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. PAYMENT. The City accepts the Contractor's 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. Contractor agrees to accept electronic payment from the City. 4. INDEMNIFICATION. To the furthest extent allowed by law, including California Civil Code section 2782 (if applicable), the Contractor shall indemnify, hold harmless and defend the 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 the City, the 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), that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Contractor, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If the Contractor should subcontract all or any portion of the work to be performed under this Contract, the Contractor shall require each subcontractor to indemnify, hold harmless and defend the 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 must be expressly included in the Agreement. [Signatures follow on the next page.] FIN-B Service Contract -Contractor (06-2022) -1- ------------ DocuSign Envelope ID: ABD910D4-0645-4FSE-927 4-404FCFF4167 A IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by the City shall be subsequent to that of the Consultant's, and this Contract shall be binding and effective upon execution by both parties. CITY OF FRESNO, A C · QfJ;tj~,mµ.nicipal corporation By: fl.ttli SSIA-f U"tili,,S Melissa Pera'les Purchasing Manager APPROVED AS TO FORM : CITY A,1J~J3t;fEY'S OFFICE By: ~~~ 7;12;2022 Date Supv./Senior Deputy City Attorney ATTEST: TODD STERMER, CMG City CIP.rk 7/12/2022By:c~::i: Date Deputy Addresses: CITY: City of Fresno Attention: Sherri Cuadros Procurement Specialist 2600 Fresno St. Fresno, CA 93706 Telephone: (559) 621-1151 E-Mail: Sherri.Cuadros@Fresno.gov CLAY MIRANDA TRUCKING, INC., a C~nianooporation By: ~ if .rAtirtUA-tk Michael c MirandaName: Title : _v_i_ce_P_re_s_id_e_n_t _______ (If corporation or LLC., Board Chair, Pr;,~.;%s ,gtd',(j,ce Pres.) By: [£,1,~iL {,b6fU' EDF 19AIOB0c 1415.. Debbie cooperame: ____________N Title: secretary (If corporation or LLC ., CFO , Treasurer, Secretary or Assistant Secretary) CONTRACTOR: Clay Miranda Trucking, Inc. Attention: Mike Miranda Vice President 3220 W. Belmont Ave. Fresno, CA 93722 Telephone: (559) 275-6250 E-Mail: Mike@cmtink.com FIN-8 Service Contract -Contractor (06-2022) -2-