SERVICE CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and PROGRESSIVE SOLUTIONS INC, a California corporation (Contractor) 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: RC RFP for Integrated Cashiering and Business License System (Request for Proposals No. 12500203) 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 into and made a part of this Contract, and shall be known as the Contract Documents.
2. PRICE. For the monetary consideration of THREE HUNDRED NINETY FIVE
THOUSAND NINE HUNDRED THIRTY ONE DOLLARS AND FOURTEEN CENTS ($395,931.14), 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, CONTRACTOR shall defend, indemnify and hold harmless City, its officers, officials, employees, agents and volunteers from and agai nst any and all direct and indirect claims, losses, liabilities, damages, costs and expenses (including losses and costs incurred by City, and any reasonable attorney's fees and costs) which arise fro m CONTRACTOR’s negligence or willful misconduct; a breach of CONTRACTOR’s confidentiality (information not of public record) obligations arising from CONTRACTOR’s negligence or willful misconduct; or CONTRACTOR’s violation of a law applicable to CONTRACTOR’s performance under the contract. City will notify CONTRACTOR promptly in writing of the cl aim and give CONTRACTOR control over its defense or settlement with City’s approval, reas onable approval will not be withheld. City agrees to provide CONTRACTOR with reasonable assistance, cooperation, and information in defending the claim at CONTRACTOR’s expense.
If CONTRACTOR subcontracts all or any portion of the services to be performed under this Agreement, CONTRACTOR will require each subc ontractor to indemnify, hold harmless and defend City and your officers, officials, employees, agents and volunteers in accordance with this paragraph.
This section shall survive termination or expiration of this Agreement. [Signatures follow on the next page.]
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 California municipal corporation
By:
Melissa Perales,
Purchasing Manager
APPROVED AS TO FORM:
City Attorney
By:
Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
PROGRESSIVE SOLUTIONS INC.,
A California 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)
REVIEWED BY:
Addresses:
CITY:
City of Fresno
Attention: Santino Danisi
Controller
2600 Fresno Street
Fresno, CA 93721
Telephone: (559) 621-7006
E-Mail: [email protected]
CONTRACTOR:
Progressive Solutions Inc.
Attention: Glenn Vodhanel
President
535 W. Whittier Blvd.
La Habra, CA 90631
Telephone: (714) 671-1597
E-Mail: [email protected]