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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