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HomeMy WebLinkAbout01-03-2017 Agreement between SLO City and Fruit Growers Laboratory Environmental INCAGREEMENT 210' I THIS AGREEMENT is made and entered into in the City of San Luis Obispo on 34 tj _ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, FRUIT GROWERS LABORATORY ENVIRONMENTAL INC. hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on 9/20/2016, City invited bids for City of San Luis Obispo Laboratory Analyses Services pursuant to Specification No. 91492. WHEREAS, pursuant to said invitation, Contractor submitted a bid that was accepted by City for said Laboratory Analyses Services pursuant to Specification No. 91492, NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: TERM. The term of this Agreement shall be from February 1, 2017 to January 31, 2022 with an option to extend for an additional two (2) years. 2. INCORPORATION BY REFERENCE. City Specification No. 91492 and Contractor's bid dated October 27, 2016, are hereby incorporated in and made a part of this Agreement. To the extent that there are any conflicts between the City's specification and this Agreement and the Contractor's proposal, the terms of the City's specification and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing Laboratory Analyses Services pursuant to Specification No. 91492 as specified in this Agreement, City will pay and Contractor shall receive therefore fixed quantity contract compensation in a total sum not to exceed $185,683.00. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specification and provide the supplies, equipment and services as described in the Specifications incorporated into this Agreement. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Council of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or 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: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor Fruit Growers Laboratory Environmental Inc. 853 Corporation Street Santa Paula CA. 93060 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: &" I � 11, k11 -- City Clerk CITY OF SAN LUIS OBISPO By: City Manag APPROVED AS TO FORM: CONTRACTOR: Fruit Growers Laboratory Environmental Inc. By:gpwx:_ Ms' t