HomeMy WebLinkAboutBlackflow Solutions, Inc - Contract - Bid 9664 - 6-8-23DocuSign Envelope ID:415B2A9E-DE31-4456-ACBC-566FFFA1F5E6
SERVICE CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY OF
FRESNO, a California municipal corporation (City), and BACKFLOW SOLUTIONS, INC.,
an Illinois Corporation (Consultant), 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 RFP for Backflow Data
Management fbid file no 9664 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. COMPENSATION. The City shall not be responsible for Contractor's
compensation. The Contractor shall seek compensation from the customer/end user and
the backflow assembly tester. Contractor promises and agrees to perform or cause to be
performed, in a good and workmanlike manner, and to the satisfaction of the City, and in
strict accordance with the Specifications, all of the work as set forth in the Contract
Documents.
3. PRICE. For the monetary consideration of ZERO DOLLARS AND ZERO
CENTS ($0.00), as set forth in the Proposal, Consultant promises and agrees to perform
or cause to be performed, in a good and workmanlike manner, and to the satisfaction of
the City, and in strict accordance with the Specifications, all of the work as set forth in the
Contract Documents.
4. PAYMENT. The City accepts the Consultant'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. The Consultant agrees to accept
electronic payment from the City.
5. INDEMNIFICATION. To the furthest extent allowed by law, including but
not limited to California Civil Code section 2782, the Consultant shall indemnify, hold
harmless and defend the 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) and from any and all claims, demands and actions in
law or equity (including reasonable attorney's fees and litigation expenses), that arise out
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, its principals, officers, employees, agents, or volunteers in the performance
of this Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor to
indemnify, hold harmless and defend the 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.
6. The City Manager, or designee, is hereby authorized and directed to
execute and implement this Agreement. The previous sentence is not intended to
ALL-B Service Contract Consult (08-2023)
DocuSign Envelope ID: 415B2A9E-DE31-4456-ACBC-566FFFA1F5E6
delegate any authority to the City Manager to administer the Agreement, any delegation
of authority must be expressly included in the Agreement.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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DocuSign Envelope ID: 415B2A9E-DE31-4456-ACBC-566FFFA1F5E6
IN WITNESS WHEREOF, the parties have executed this Contract on the day and
year here below written, of which the date of execution by the City shall be subsequent
to that of the Consultant's, and this Contract shall be binding and effective upon execution
by both parties.
CITY OF FRESNO,
A California municipal corporation
DocuSigned by:
By:
IM141@8A*ERALES
Purchasing Manager
Dated: 8/3/2023
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
DocuSigned by:
By; 8/3/2023
1CFC5444CAA64DB Date
Supv./Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
DocuSigned by:
By: finA, AkIImy 8/3/2023
2F I BC57F778C4E1 . Date
Deputy
Addresses:
CITY:
City of Fresno
Attention: James E. Jackson
Senior Procurement Specialist
2101 G. Street;Bldg. A
Fresno, CA 93706
Phone: (559) 621-1165
E-mail: james.jackson2@fresno.gov
BACKFLOW SOLUTIONS, INC.,
An Illinois Corporation
DocuSigned by:
By: NCAi&L I°x 9Z 8/2/2023
ED1F39C481CA496.
Name: Michelle Bever
Title: vice President of sales and marketing
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
DocuSigned by:
By: I 8/2/2023
B91EC20868F842E.
Name: Natalie smith
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
DocuSigned by:
—A-"— 8/3/2023
6MW_&rement specialist
CONSULTANT:
Backflow Solutions, Inc.
Attention: Michelle Bever
Vice President of Account Management
12609 S. Laramie Avenue
Alsip, IL 60803
Phone: (708) 761-4525
E-mail: mbever@backflow.com
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