HomeMy WebLinkAbout72 Hour - Purchase Contract - 11-4-2022VVI.UJIIY.II CIIvt Iluyu IV. I IHHVLJ
PRODUCT PURCHASE CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a
California municipal corporation (City), and 72 Hour, a California LLC (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: Dodge Durango Pursue t Bid File No.
12300303) [Alternates (if anv_)1 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 monetary consideration of THREE MILLION SIX HUNDRED
NINETEEN THOUSAND SEVEN HUNDRED TEN DOLLARS AND FOUR CENTS
($3,619,710.04), as set forth in the Bid Proposal, the Contractor promises and agrees to
furnish or cause to be furnished, in a new and working condition, and to the satisfaction of the
City, and in strict accordance with the Specifications, all of the items as set forth in the
Contract Documents.
3. PAYMENT. The City accepts the 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. The 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), arising
or alleged to have arisen directly or indirectly out of performance of this Contract. The
Contractor's obligations under the preceding sentence shall apply regardless of whether the
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 the City or any of its officers,
officials, employees, agents, or volunteers.
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.
[Signatures follow on the next page.]
FIN 3.0111-26-12 Rev. 03 09 21
PRODUCTS 1.11
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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 the City shall be subsequent to that of the
Contractor's, and this Contract shall be binding and effective upon execution by both parties.
72 Hour,
A CalifognipgRll�,
By: Mc,liw bbry
Name: Melvin Cooper
Title: owner
(If corporation or LLC., Board Chair, Pres.
orVill%4%2�22
Dated:
DocuSigned by:
By:
FACBB5730CFEdG7.
Name: 7esse Cooper
Title: Fleet Manager
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated: 10/7/2022
CITY OF FRESNO,
a California municipal corporation
DocuSigned by:
F
By:� c� issa pyAb-S
iti_PtYties,
Purchasing Manager
General Services Department
Dated:
11/4/2022
ATTEST:
TODD STERMER, CIVIC
City Clerk
By:rZigned by:
b6cr 11/4/2022
GCA138 MD84E3.. Date
Deputy
No signature of City Attorney required.
Standard Document #FIN-S 3.0 has been
used without modification, as certified by the
undersi n edited by:
11/4/2022
By:
Angus us _ rider
Procurement Specialist
General Services
Department
City address:
City of Fresno Attention:
Clifford Traugh,
Business Manager
2600 Fresno St.
Fresno, CA 93721
FIN 3.0/11-26-12 Rev. 03 09 21
PRODUCTS 1.12