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HomeMy WebLinkAboutElevate Community Services, Inc. - Service Contract - 4-10-2023L/UUuol I IF-[ I V VIUpt; IU. mvuuu I MO-1r / l.i C-4! yl.+-C / Mr-"JVI+I,I�CJHC l MU 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 "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 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 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 FIN-B Product Purchase (12-2022) -1- LIUL;UJ I IY. II C I I Vt7IUpt: I L/. M.7VVV I MO---, I lJ C-4 I ZA -D/I MU must be expressly included in the Agreement. [Signatures follow on the next page.] FIN-B Product Purchase (12-2022) -2- LlUUu JIIJ. II CI Ivulupw ILI. MUUUU I/.'9l''O//MU 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 Caiif ai.nicipal corporation By: d�ttliSSa �t,Va��t,S 4/10/2023 MeMssa era es, Purchasing Manager General Services Department APPROVED AS TO FORM: ANDREW JANS Clty !?d jpNA& tya�ry by: By. w (w 4/10/2023 'y Date Supv./Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City 4i [higned by: By: lbtaOItiV 4/10/2023 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.gov FIN-B Product Purchase (12-2022) ELEVATE COMMUNITY SERVICES, INC., A No -,krgf eq rporation By. '�� 4/7/2023 Name: wayne rutledge Title: chief Executive officer (If corporation or LLC., Board Chair, do�I�,,% ..ice Pres.) j �. 4/7/2023 By: Brad Hardie Name: Title: owner (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) REVIEWED BY: Dncu5i9.:ci by: S�5 4/10/2023 CONTRACTOR: Elevate Community Services, Inc. Attention: Wayne Rutledge, President 2550 W Clinton Ave, #142 Fresno, CA 93705 Phone: (559) 462-1373 E-mail: wayne@uhbagels.com WIM