HomeMy WebLinkAboutEnterprise Automation Service Contract a dba of Partners In Control 6-26-23 UUUU,Dl l l CI IVCIUFIC IU. 4/D-4VV4-V%1-+1-0UVVMUUI OMI V
SERVICE CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a
California municipal corporation (City), and PARTNERS IN CONTROL dba ENTERPRISE
AUTOMATION, 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: RFP for DPU/Water Div. Groundwater System Citect SCADA/Wonderware
Historian/Dream Reports Upgrade and Configuration Integration (Request for Proposals No.
3872 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 ONE MILLION FORTY FIVE
THOUSAND, NINE HUNDRED FOURTEEN DOLLARS AND ZERO CENTS $1,045.914.00 .
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, including California
Civil Code section 2782 (if applicable), Contractor shall indemnify and hold harmless City
and each of its officers, officials, and employees, 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 and litigation expenses), to
the extent caused by 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 and hold harmless City
and each of its officers, officials, and employees 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.]
uUUUJIIy.II CI IVCIUPU IU.r4l.I.UL.7U'1Y/ !-ODUU/1:JU/OM/U
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, ' PARTNERS IN CONTROL
A California municipal corporation dba ENTERPRISE AUTOMATION,
Doc USsnedby: A C ' d Pt ft rc5rporation
By: 6/23j2023 By: ��. 6/23I2023
I4&eadles, AD955058AF9C,198
Purchasing Manager Name: josh Riley
General Services Department
Title: vice President
APPROVED AS TO FORM: (If corporation or LLC., Board Chair,
ANDREW JANZ Pres. or Vice Pres.)
City Attorney DocuSigned by:
DocuSigned by: By: eyIA61A. In Agby, 6/23/2023 _
By. .[A (AIIJ 6/26/2023 ED80961A20D9402..
81CV+63D9. Date Name: Preston Hopson
Senior Deputy City Attorney
Title: svn. general counsel and sec
ATTEST: (If corporation or LLC., CFO, Treasurer,
TODD STERMER Secretary or Assistant Secretary)
City Clerk
Docusi gned by: REVIEWED BY.
B A f AY 6/26/2023 DocuSigned by:
2FiBC57F778C4L Date e. 6/26/2023
Deputy 724037B6D78C477
Addresses:
CITY: CONTRACTOR:
City of Fresno Enterprise Automation
Attention: James E. Jackson Attention: Josh Riley
Senior Procurement Specialist Principal
2101 G Street; Bldg. A 210 Goddard
Fresno, CA 93706 Irvine, CA 92618
Telephone: (559) 621-1165 Telephone: (949) 769-6000
E-Mail: james.jackson2@fresno.gov E-Mail: Jos h.Rile @eaintegrator.com