HomeMy WebLinkAboutDevelopment Group, Inc - Cooperative Puchase Agreement - 05.30.23DocuSign Envelope ID: 81EC4445-C29B-4094-8683-CACC5FF4A663
COOPERATIVE PURCHASE AGREEMENT
THI�S�3pAZrqfEEMENT (Agreement) is made and entered into effective on
2023, by and between the City of Fresno, a California municipal
corporation (City), and Development Group, Inc., a California corporation (Vendor), an
authorized distributor of Samsara, Inc. (Samsara).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and promises hereinafter contained to be kept and performed by the
respective parties, it is mutually agreed as follows:
1. The Charter for the City allows for cooperative purchase agreements for
materials, supplies, equipment, or any public work of improvement. The City is allowed to
piggyback on an existing government agency's agreement, under Fresno City Charter
section 1208(a)(5)(iii). The parties agree Samsara was the lowest responsive and
responsible bidder for Invitation for Bid (IFB) issued by Sourcewell. The IFB is attached
hereto as Exhibit A and is incorporated herein by reference. The Parties agree that the
Samsara has entered a Cooperative Purchase Contract with Sourcewell (Original
Government Contract). Pursuant to the Original Government Contract, Samsara provides
a list of authorized distributors of its equipment. Vendor is an authorized distributor of
Samsara equipment.
2. Vendor's Obligation. Vendor shall provide the products and carry out that
work described in the Original Government Contract, which is attached hereto as Exhibit
B and is incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
3. City's Obligation. City shall make to the Vendor those payments described
in Exhibits A and B, subject to all the terms and condition contained or incorporated
herein
4. Notwithstanding the requirements that the Original Government Contract is
fully binding on the Parties, the parties have agreed to modify certain non -material
provisions of the Original Government Contract as applied to this Agreement between the
Vendor and the City, as follows:
Exhibit C.
a) The City's Insurance and Indemnity provisions are attached as
b) The City's Cloud requirements are attached as Exhibit D.
c) Address change for the City: Notwithstanding the address and
contract information for the government entity as set out in Exhibit B, the Vendor agrees
that notices and invoices will be sent to:
City of Fresno
Attention: Duane Myers
2223 G Street
Fresno, CA 93706
Phone: (559) 621-1186
E-mail: duane.myers@fresno.gov
FIN-S Cooperative Purchase Agt. Product (09-2022) modified 1/13/22 pb -1-
DocuSign Envelope ID: 81 EC4445-C29B-4094-8683-CACC5FF4A663
d) Notwithstanding anything in Exhibits A and B to the contrary, this
Agreement shall be governed by, and construed and enforced in accordance with, the
laws of the State of California, excluding however, any conflict of laws rule which would
apply the law of another jurisdiction. Venue for purposes of the filing of any action
regarding the enforcement or interpretation of this Agreement and any rights and duties
hereunder shall be Fresno County, California.
e) All other provisions in the Original Government Contract are fully
binding on the parties and will represent the agreement between the City, Samsara and
the Vendor.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
FIN-S Cooperative Purchase Agt. Product (09-2022) modified 1/13/22 pb -2-
DocuSign Envelope ID: 81 EC4445-C29B-4094-8683-CACC5FF4A663
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a C i@said aWnicipal corporation
6-11;." Qa_11 5/30/2023
By: -
Brian Barr
Director General Services Dept.
Approved as to form:
CITY ATTORNEY
AND 54
By: bw (hw 5/30/2023
Pauline Brickey
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Hi+clPSigned by:
By:( -ram je 5/30/2023
Date
Deputy
Addresses:
CITY
City of Fresno
Attention: Duane Myers
2223 G Street
Fresno, CA 93706
Phone: (559) 621-1186
E-mail: duane.myers@fresno.gov
Attachments:
Exhibit A- Invitation For Bids
Exhibit B- Original Government Contract
Exhibit C- City's Insurance and Indemnity
Exhibit D- City's Cloud Policy
VENDOR:
Development Group, Inc.
a California corporation
By:LoDocuSigned by:
MAU th&W64 2/8/2023
g
Daniel Lockwood
Name:
Title: President
(If corporation or LLC., Board Chair,
gg,�i,.,g4,4ice Pres.)
rASt,Aan LG tA&W661 2/8/2023
Roseanne Lockwood
Name:
Title:
Secretary
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
VENDOR:
Development Group, Inc.
Attention: Natalie Slocum
PO Box 991484
Redding, CA 96099
Phone: (559) 681-0948
E-mail: nslocum@development-group.net
FIN-S Cooperative Purchase Agt. Product (09-2022) modified 1/13/22 pb -3-