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
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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