HomeMy WebLinkAboutTurning Point of Central Califonia - Service C ontract - 4-12-2023UUUUol II CIIVCIUPU IU.' /-VU'4D/ r-M5UO-'FUUr-SDDC-MMM4UCDUJ'FOL
SERVICE CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY OF
FRESNO, a California municipal corporation (City), and TURNING POINT OF CENTRAL
CALIFORNIA, Non -Profit Corporation (Contractor), as follows:
CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to
Bidders," "Bid Proposal," and
"Special Conditions" and
REQUIREMENTS CONTRACT
the "Specifications" including "General Conditions",
"Technical Specifications" for the following:
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, and
shall be known as the Contract Documents.
2. PRICE. For the monetary consideration of $2,150,031.00 for the Valley Inn
and S1,552,124.00 for the Parkway Inn for a total of $3 711 155.00, 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 each 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
must be expressly included in the Agreement.
FIN-B Product Purchase (12-2022)
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[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 Calif a , awpicipal corporation
By: At.t,ussa pt,V'A.b s 4/6/2023
Me issa era es, Purchasing
Manager
General Services Department
APPROVED AS TO FORM:
ANDREW JANS
City Attompy
Ru5i ed bB �;-� 4/11/2023
y' 1CFC5444CAA6406.
Date
Supv./Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Cl9by:
By:LOCIUSlignO
�q �Duy 4/12/2023
Date
Deputy
Addresses:
CITY:
City of Fresno
Attention: Joe Pasillas, Housing &
Neighborhood Revitalization Manager
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-8053
E-mail: joe.pasillas@fresno.gor
FIN-B Product Purchase (12-2022)
TURNING POINT OF CENTRAL
CALIFORNIA, INC.,
A No7grporation
4/5/2023
By
Name
Raymond Banks
Title: CEO
(If corporation or LLC., Board Chair,
g*,jpjd14ice Pres.)
4/5/2023
By: r- _
Will Goodall
Name:
Title: CFO
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
LD/ ocuS_-ig-ned by:
I ruA�VbS 4/6/2023
CONTRACTOR:
Turning Point of Central California
Attention: Raymond Banks, CEO
615 S Atwood Street
Visalia, CA 93277
Phone: (559) 732-8086
E-mail: rbanks@tpocc.org
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