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HomeMy WebLinkAboutSwanson Fahrney Ford - Contract - Bid 12400368 - 2023 or Newer Ford F150 - 09-14-23DocuSign Envelope ID: OOE3DB7F-5DD0-48CA-8757-42F7797BB4FA PRODUCT PURCHASE CONTRACT THIS CONTRACT (Contract) is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and Swanson Fahrney Ford, a California Corporation (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: Product Purchase Contract for 2023 or Newer Ford F150 Bid File No. 12400368 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 TWO MILLION THREE HUNDRED EIGHTY EIGHT THOUSAND TWO HUNDRED SEVENTY FOUR DOLLARS AND ZERO CENTS 2 388 274.00 , 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, 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 reasonable 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.] GSD-S Formal Bid Contract — Product Purchase (08-2023) - 1 - DocuSign Envelope ID: OOE3DB7F-5DDO-48CA-8757-42F7797BB4FA 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. CITY OF FRESNO, a Calif.91ftMpnicipal corporation By, Me issa Perales, Purchasing Manager General Services Department Dated:9/15/2023 No signature of City Attorney required. Standard Document #GSD-S Formal Bid Contract — Product Purchase (08-2023) has been used without modification, as certified by the undersigned. By:FDocu gned by: T T4� amra orrence Senior Procurement Specialist General Services Department ATTEST: TODD STERMER, CIVIC City Clerk DocuSignad by: By. -riv' -yNr 9/15/2023 f3CA138H20964EI. Date Deputy City address: City of Fresno Attention: Duane Myers, Fleet Manager 2101 G Street Fresno, CA 93706 GSD-S Formal Bid Contract — Product Purchase (08-2023) -2- Swanson Fahrney Ford, [a California Corporation Docu Signed by: By. M Lft Name: Mike Fahrney Title: president (if corporation or LLC., Board Chair, Pres. or Vice Pres.) Dated: 9/14/2023 Docu igne y: By: Saff F Name: Scott Fahrney Title: controller (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Dated: 9/14/2023