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HomeMy WebLinkAboutScrubcan, Inc. - Agreement - 5-3-2023SERVICE CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and ScrubCan, Inc., a California Corporation (Contractor) as follows: 1. CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions to Proposers," "Proposal', "General Conditions", "Special Conditions", and "Scope of Work" for the following: Business Corridor Litter Abatement (Reguest for Proposal No. 12301221 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 ONE -HUNDRED THIRTEEN THOUSAND SEVEN -HUNDRED SIXTY DOLLARS AND ZERO CENTS 113 760 , 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 City, and in strict accordance with the requirements, all work as set forth in the Contract Documents. 3. PAYMENT. City accepts 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. 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), that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Contractor, its principals, officers, employees, agents or volunteers in the performance of this Agreement. 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. [Signatures follow on the next page.] 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 California municipal corporation By: -- Randall Morrision, P.E. Assistant Director of Public Works APPROVED AS TO FORM: ANDREW JANZ City Attorney By. G3 ifer . Quintanilla Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy Addresses: CITY: City of Fresno Attention: Jason Miller Supervising Professional Engineer 2600 Fresno Street, Room 4016 Fresno, CA 93721-3623 Telephone: (559) 621-8653 E-Mail: Jason.Miller@fresno.gov SCRUBCAN NC., A Calif ni C rporation By: Name: Corey Jackson Title: CEO (If cor ration or LLC., Board Chair, s or ice Pres.) By: Name: Corey Jackson Title: Secretary (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) REVIjjWV1D BY: , CONTRACTOR: ScrubCan, Inc. Attention: Corey Jackson CEO 4140 N. Knoll Dr. Fresno, CA 93722-7845 Telephone: (559) 722-5252 E-Mail: Corev(dscrubcan.com