HomeMy WebLinkAboutA18-05 Lab Analysis FGLAGREEMEN T
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on February 15 ,
2005 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to a s
City, and Fruit Growers Laboratories Inc . (FGL), hereinafter referred to as Contractor .
WITNESSETH :
WHEREAS, in November 2004, City invited bids for Laboratory Analyses Services pe r
Specification No . 90504 .
WHEREAS, pursuant to said invitation, Contractor submitted a proposal that was accepted b y
City for said Laboratory Analyses Services .
NOW THEREFORE, in consideration of their mutual promises, obligations and covenant s
hereinafter contained, the parties hereto agree as follows :
1.TERM . The term of this Agreement shall be from the date this Agreement is made an d
entered, as first written above, until January 31, 2007 . At that time the City may option to extend thi s
contract for two years (February 1, 2007 thru January 31, 2009) with pricing by mutual agreement not t o
increase by more than the percentage change in the US consumer price index . 'City also options to a n
additional two year contract beginning February 1, 2009 .
2.INCORPORATION BY REFERENCE .City Specification No . 90504 an d
Contractor's proposal dated January 6, 2005 are hereby incorporated in and made a part of this Agreement.
3.CITY'S OBLIGATIONS.For providing Laboratory Analyses Services as specified i n
this Agreement, City will pay and Contractor shall receive therefore compensation in a total sum not t o
exceed $72,674 .
4.CONTRACTOR'S OBLIGATIONS .For and in consideration of the payments an d
agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City t o
provide Laboratory Analyses Services as outlined in Specification #90504 .
5.AMENDMENTS . Any amendment, modification or variation from the terms of thi s
Agreement shall be in writing and shall be effective only upon approval by the CAO of the City .
6.COMPLETE AGREEMENT . This written Agreement, including all writing s
specifically incorporated herein by reference, shall constitute the complete agreement between the partie s
hereto. No oral agreement, understanding or representation not reduced to writing and specificall y
incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding o r
representation be binding upon the parties hereto .
7.
NOTICE . All written notices to the parties hereto shall be sent by United States mail ,
postage prepaid by registered or certified mail addressed as follows :
Finance Departmen t
City of San Luis Obisp o
990 Palm Street
San Luis Obispo, CA 9340 1
Fruit Growers Laboratories Inc .
853 Corporation Stree t
Santa Paula, CA 9306 0
8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenan t
that each individual executing this agreement on behalf of each party is a person duly authorized an d
empowered to execute Agreements for such party .
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the da y
and year first above written .
CITY OF SAN LUIS OBISPOBy:Oartirae
Mayor
CONTRACTOR
By :Ja—'
'OAPP I
Y2uji Gecure-/z-s Art gt~t1'Lrn-a1",Tw Lak-/(
City
Contracto r
ATTEST :
APPROVED AS TO FORM :