SERVICE CONTRACT
THIS CONTRACT is made and
entered into by and between the CITY OF FRESNO, a
California municipal corporation (City), and PARTNERS IN CONTROL dba ENTERPRISE AUTOMATION, a California Corporation (C ontractor) as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions to Proposers," "Proposal" and the "Specifications" including "General Conditions," "Special Conditions", “Federal
Conditions”, “Functional Specifications” and “Technical Requirements” for the following: RFP for DPU/Water Div. On-Call SCADA System Int egration Professional Services and Support (Request for Proposals No. 387 3) 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 in to and made a part of thi s Contract, and shall be known as the Contract Documents.
2. PRICE. For the monetary consideration of ONE HUNDRED FORTY NINE THOUSAND, NINE HUNDRED NINETEEN DOLLARS AND ZERO CENTS ($149,919.00), 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 Specifications, all of the 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 and hold harmless City and each of its
officers, officials, and employees, 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 reasonable attorney's fees and litigation expenses), to the extent
caused by the negligence, recklessness or willful misconduct of Contractor, its principals, officers, employ
ees, 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 and hold harmless City and each of its officers, officials, and employees in accordance with the terms of the preceding paragraph.
This s
ection shall survive termination or expiration of this Contract. [Signatures follow on
the next page.]
DocuSign Envelope ID: 21680ECB-C573-4D2D-A045-656CFC95A2A2 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 Cal
ifornia municipal corporation
By:
Melissa Perales,
Purchasing Manager
General Services Department
APPROVED AS TO FORM:
ANDREW JANZZ
City Attorney
By:
[Name] Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER
City Clerk
By:
Date
Deputy
PARTNERS IN CONTROL
dba ENTERPRISE AUTOMATION,
A California Corporation
Name:
Title:
(If corporation or LLC ., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer ,
Secretary or Assistant Secretary)
REVIEWED BY:
Addresses:
CITY:
City of Fresno
Attention: James E. Jackson
Senior Procurement Specialist
2101 G
Street; Bldg. A
Fresno, CA
93706
Telephone: (559) 621-1165
E-Mail: [email protected]
CONTRACTOR:
Enterprise Automation
Attention: Josh Riley
Principal
210 Goddard
Irvine, CA 92618
Telephone: (949) 769-6000
E-Mail: [email protected]
By:
DocuSign Envelope ID: 21680ECB-C573-4D2D-A045-656CFC95A2A2 6/23/2023
Vice President
Josh Riley
6/23/2023
Preston Hopson
SVP, General Counsel and Sec
6/23/2023
6/26/2023
6/26/2023
6/26/2023