1 FIN-B Serv Contract (02-2022 )
SERVICE CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and BODE CELLMARK FORENSICS, INC. , a Delaware Corporation (Contractor), as follows:
1. CONTRACT DOCUMENTS . The "Notice Inviting Proposals," "Instructions to Proposers," "Proposal" and the "Speci fications" including "General Conditions ," "Special Conditions", “Federal Conditions”, “Functional Speci fications” and “Technica l Requirements” for the following: Sexual Assault Kit Initiative Grant 2020 “Testing o f Partially Tested Kits” (Request for Proposals No. 9616) copies of which are annexed hereto, together with all the documents speci fically re ferred to in said annex ed 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 cons ideration of TWO HUNDRED THREE THOUSAND SEVEN HUNDREND DOLLARS AND ZERO CENTS ($ 203,700.00), 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 the City, and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents.
3. PAYMENT. The City accepts the Contractor's Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under th e conditions specified in the Contract Documents. Contractor agrees to accept electronic payment from the City.
4. INDEMNIFICATION. To the furthest extent allowed by law, includi ng California Civil Code section 2782 (i f applicable), the Contractor shall indemni fy, hol d harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, for feitures, 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 attorney's fees and litigation expenses), that arise out o f, pertain to, or relate to the negligence, recklessness or will ful misconduct o f the Contractor, its principals, o fficers, employees, agents, or volunteers in the performance of this Agreement.
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 indemni fy, 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.
T
his section shall survive termination or expiration of this Contract.
5. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement.
[Signatures follow on the next page.]
DocuSign Envelope ID: 11E3793A-78A4-4CB8-AE05-C61D06692672 2 FIN-B Serv Contract (02-2022 )
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 Consultant’s, and this Contract shall be binding and effective upon execution by both parties.
CITY OF FRESNO,
A California municipal corporation
By:
Melissa Perales
Purchasing Manager
Date
Date
BODE CELLMARK FORENSICS,
INC., A Delaware Corporation
By:
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)
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Senior Deputy City At torney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
Addr
esses:
CITY:
City of Fresno
A
ttention: Jonathan Medina
Procurement Specialist
2600 Fresno Street
Fres
no, CA 93721
Telephone: (559) 621-8367
Facsimile (559) 457-1581
CONTRACTOR:
Bode Cellmark Forensics, Inc.
Attention: Renee Walker
Contracts Manager
10430 Furnace Road, Suite 107
Lorton, Virginia 22079
Telephone: (703) 646-9875
Facsimile: (703) 738-7221
DocuSign Envelope ID: 11E3793A-78A4-4CB8-AE05-C61D06692672 President & CEO
4/12/2022
Michael Cariola
Erin Sweeney
4/18/2022
Secretary
4/18/2022
4/18/2022
Brandon Collet
4/19/2022
Bernard Canez