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HomeMy WebLinkAboutDataProse - Contract - 2-8-2023UUUUJIl,1I CIIVt IWytC IU. %,D000MD I-UC'4U-•FMLD-MU I C-DUDCr000SUCC SAMPLE SERVICE CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and DataProse, a Texas 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: Print and Mail Services For Utilities Business Tax and Animal License (Request for Proposals No. 9641 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 SIX THOUSAND EIGHT HUNDRED SEVENTY-FOUR DOLLARS AND FORTY CENTS $206 874.40 , 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 reasonable attorney's fees, litigation expenses and cost to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. CONTRACTOR'S obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers, officials, employees, agents or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers. If CONTRACTOR should subcontract all or any portion of the work to be performed under this Agreement, 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 Agreement. 5. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. [Signatures follow on the next page.] RFP 05-2021 PROPOSAL SECTION PAGE 27 L.I000JI1y.1I CI IVC1UPU IU. I✓DUOJMD/ JC•#U-YMLD-MU I C-DUDGr000.7UCC 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 Califognip rr�nicipal corporation xu gne y: Z/8/2023 By. S � s� ar i F&1bgjjjsi Controller APPROVED AS TO FORM: ANDREW JANZ City AttprgeX, by: p I¢ 2/8/Z023 By: ff i�'� t.� Pau ine ric ey Date Deputy City Attorney ATTEST: TODD STERMER, CMC City ar6gnod by: �llitA �bUY 2/8/2023 By. Date Deputy Addresses: CITY: City of Fresno Attention: Yvonne Dedmore Assistant Controller 2600 Fresno St. Fresno, CA 73721 Telephone: (559) 621-7010 E-Mail: yvonne.dedmore@fresno.gov DataProse, LLC By. PDocuSigned by: 66_ "at 2/1/2023 Name: 7ohn Hartwell Title: CEO (If corporation or LLC., Board Chair, Press or Vice Pres.) DoriSigne:k by: 6A2/6/2023 By: �(�.l dF5£7E�856374B7.. Randy Bianchi Name: Title: officer (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) REVIEWED BY: ,-no co';,ncd by: 4 QGJy 4f %�Cw 2/8/2023 CONTRACTOR: DataProse, LLC Attention: William K. Murray CEO 1122 W. Bethel Rd., Suite 100 Coppell, TX 75019 Telephone: (650) 279-8909 E-Mail: bmurray@dataprose.com RFP 05-2021 PROPOSAL SECTION PAGE 28