1 FIN-B Serv Contract (12-2021)
SERVICE CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and RAY MORGAN COMPANY, LLC (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: REQUIREMENTS CONTRACT FOR CITYWIDE COPIER LEASE PROGRAM, REQUEST FOR PROPOSALS NO. 9592 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 C ontract Documents.
2. PRICE. For the monetary consideration of THREE HUNDRED EIGHTY-SIX THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($386,500.00), 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 the conditions specified in the Contract Documents. Contractor agrees to accept electronic payment from the City.
4. INDEMNIFICATION. To the furthest extent allowed by law, including California Civil Code section 2782 (if applicable), the Contractor shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents , and volunteers 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 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 of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Contractor, its principals, officers, 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 indemnify, 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.
This section shall survive termination or expiration of this Contract. [Signatures follow on the next page.]
DocuSign Envelope ID: 5AF8FBA4-9D84-4EC8-92AD-F9EE0AFE59A6 2 FIN-B Serv Contract (12-2021)
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
APPROVED
AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
BRANDON COLLET Date
Senior Deputy City Attorney
Date
RAY MORGAN COMPANY,
LLC.
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)
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
A
ddresses:
CITY: CITY OF FRESNO
Attention: MELISSA PERALES
Purchasing Manager
2600 Fresno Street
Fresno, CA 93721
Telephone: (559) 621-1157
Facsimile (559) 457-1564
CONTRACTOR:
RAY MORGAN COMPANY, LLC.,
Attention: MICHELLE ODELL,
Strategic Accounts Executive
7580 N. Ingram Ave.
Fresno, CA 93711
Telephone: (559) 709-4096
Facsimile: (530) 801 -2516
DocuSign Envelope ID: 5AF8FBA4-9D84-4EC8-92AD-F9EE0AFE59A6 Clint Phillips
12/9/2021
Executive Vice President
Director of Finance
Sean Martin
12/9/2021
12/9/2021
12/13/2021
12/14/2021