Loading...
HomeMy WebLinkAboutWebsoft Developers, Inc.-Agreement-05.26.2022DocuSign Envelope ID: 5AABC2D4-E3B9-4FCF-B58E-9A3191239543 22-?off (z z SERVICE CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and WEBSOFT DEVELOPERS, 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: Requirements Contract for Environmental Sampling Application (Request for Proposals No. 9637 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 TWO HUNDRED THIRTY- THREE THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS AND ZERO CENTS ($233,365.00), 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, Contractor shall indemnify, hold harmless and defend 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 City, 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 Contractor, its principals, officers, employees, 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, hold harmless and defend 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: 5AABC2D4-E3B9-4FCF-B58E-9A3191239543 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 DocuSigned by: Byl'all'i 6/20/2022 Purchasing Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney DocuSigned by: By: 6/20/2022 ,CiF05444CAMADB . Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk DocuSigned by: By; ;t .,v►�l •e� 7/1/2022 F9AHCS8%Ct.f �:?•: Date Deputy Addresses: CITY: City of Fresno Attention: James E. Jackson Senior Procurement Specialist 2600 Fresno St. Fresno, CA 93706 Telephone: (559) 621- 1165 E-Mail: james.jackson2@fresno.gov WEBSOFT DEVELOPERS, INC., A California Corporation DocuSigned by: By E—A1309059973EOFM 6/17/2022 ... Name: Manoj Desai Title: Presi (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: �DocuSigned by. ► 6/20/2022 7763D1C388C14BE Name: Robert Be Title: secretary _ (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) REVIEWED BY: Docu51gncd by: �.� 6/20/2022 IJ724037B6D78G477 . CONTRACTOR: Websoft Developers, Inc. Attention: Manoj Desai,President P.O. Box 4008 Davis, CA 95617 Telephone: 530-759-8754 E-Mail: manoj.desai@websoftdev.com