HomeMy WebLinkAbout92-017 Chou Chen Yung 92-017 CHOU CHEN YUNG
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4
AGREEMENT RE: PRODUCTION
OF INFOMERCIALS
R e c i t a l s:
WHEREAS, the City of Cupertino (hereinafter
referred to as "the CITY" ) operates a local government
channel (hereinafter known as "-EHANNEL--S-T" ) in
conjunction with the two cable television franchise
previously awarded by the CITY; and
WHEREAS, it is the wish of the CITY, as part of
its overall goal of informing the general public of the
many assets and amenities available to residents and
visitors within the CITY, including the availability of
many unique merchants, artisans, and service providers;
and
WHEREAS, the CITY intends to utilize "air time" on
-C— y -5-3- (hereinafter referred to as "INFOMERCIALS" )
to the general public regarding the above; and
Deep Cliff
WHEREAS, Golf Course , (hereinafter referred to as
"the MERCHANT" ) , is such a merchant, artisan, or se vice
provider, working within the City of Cupertino, and
-1-0� c�T C�ta�uEi
wishes to have his/her/its activity described on EHAI�F
-53-- and is willing to contribute the sum of $500.00
(CC/IA/021
to help defray the CITY's costs in preparing such an
IN'FGMERCIAL,
NOW, THEREFORE, IT IS HEREBY AGREED between the
CITY and the MERCHANT as follows:
1 . The CITY shall prepare, or cause to be
prepared, a video tape describing the activity or
activities performed by the MERCHANT within the City of
Cupertino.
2. The CITY shall have complete editorial control
over the material contained in all !NFOMERCIALS.
However, the following guidelines shall be adhered to in
the production of all video tapes:
a) All INFOMERCIALS will follow a "standard
format" using a narrative, "voice-over" style.
b) There will be no mention of prices or
product lines.
c) There will be no blatant promotions -;r
sales pitches.
3. The CITY shall have complete control over the
length of the INFOMERCIAL, as well as the time and
frequencing of its airing provided; however, that the
CITY will make reasonable efforts to broadcast the
INFOMERCIAL at least twice per week during locally
produced programming (e.g. council and planning
commission meetings) . All such broadcasts shall be
subject to the CITY's determination not to air a
particular INFOMERCIAL, which in the sole opinion of the
[CC/IA/D21 2
t
CITY, would conflict with, or which would otherwise
appear unseemly with, the broadcasting of any business
conducted by a public body.
4. The video tape of all INFOMERCIALS remain the
property of the CITY and may not be copied or used by
the MERCHANT or his, her or its designee, for any
commercial purpose nor may said video tape be altered or
edited in any way without the express written consent of
the CITY.
5. Prior to production of any video tape of an
INFOMERCIAL the MERCHANT shall pay to the CITY, the sum
of $ 500.00 for the purpose of partially defraying
the CITY's cost of preparing and airing the video tape.
The above sum [shall be used by the CITY only for the
purpose of reimbursing itself for the actual costs
incurred . ]
6. The MERCHANT shall cooperate fully in aiding
the CITY in producing the INFOMERCIAL including, but not
limited, to providing factual information, concerning
his/hers or its operations, opening operations, at any
reasonable time for filming the merchant's activities,
and providing to the CITY interviews by any of the
MERCHANT's employees.
7. The MERCHANT shall indemnify, defend and
otherwise hold the CITY harmless from any claim by any
third party made against the CITY as a result of any
information, fact, or opinion provided by the MERCHANT
[CC/IA/D2] 3
to the CITY which is utilized in the production of the
MERCHANV s INFOMERCIAL�
8. As used herein, the term "CITY" shall mean the
City Manager or his/her designated representative.
9. In the event of breach of this Agreement by
either party which necessitates legal action, which may
include injunctive relief, the prevailing party shall be
entitled to reasonable costs of suit, including
reasonable attorney°s fees.
Dat 1d: _ r z3 f Dated: -v_?
f
C JIT Y ' R M RCHANT
ATTEST
CITY CLERK
[CC/IA/D2] 4
e 01
r
About Your Business...
To help us feature the best of your business in an upcoming infomercial, please take a few,
mimete3 to complete this form. The info-mation you provide Hill be used to develop a script to
enhance the visual art of the televised piece. (Please avoid the use of prices or product lines
on this form.)
Name and address of business
oeer CI.f,e Golf- C� -r3�
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C..PGrih'No ✓ C.3 . I/-S or y
How long has your business been in Cul,_-rtino?
-33 c�e�►^s
Are there any interesting historical facts about your business? + CA4 c,-M
,'vt A.i
�'' C,� M t M - G:.icl•�.�.v -Mcc�(e r
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What makes your business unique?
.v-k,,/ le,,,, r" 14 51 c l't"-' tLd-ies
LAiQ�'J -rce.u.C. P't hyo C-tel--- c•`v�� �c�P. �.v �d'n!
✓✓ � rl,..• U...! /v' bale. y.,lF c�L��c�. �N
�.atia...n �✓�� Jt'.•vr�C' �cr F/ FG.(I' f'' y J
' ',.G �Q hG...♦ / �i c+v�•,J Sr.t,'P 1y
1C..J, ,e f �1C1<f !o l�c.a !�✓J..vFJJPJ �'G jOr�
What three things about your business would you like to see highlighted in your
infomercial?
/. /V c..� ct—,4 4& Z e c•a. e- o �'�f►a ,
' J
`'occ_/ CiaeP C'c. .•nic�c-�Pi,�L' G�.ic� JYiv�Ce
LUCc� � 6US�^�fIJ �3.2 for af74ZC'_- t:J l."
Business Owner Video Producer
AGREEMENT
INFOMERCIALS ACCOUNT:
4
252-4505
CITY OF CUPERTINO 110-3500-699
vo P.O. BOX 580
Cif Cupertino, 95015
C NO. 025089
BY THIS AGREEMENT made and entered into on the 11 day of September 19 92
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY)and
Name (1) L. RICHARD FENTON (2)
Address 7080 lopaz Avenue -City y 5en Jose Zip one 8
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants,the parties hereto agree as follows:
CONTRACTOR Shall provide or furnish the following specified services and/or materials:
Director of Photography (DP) for Informercials
EXHIBITS:The following attached exhibits hereby are made part of this Agreement:
TERMS The services and/or materials furnished under this Agreement shall commence on September 1 1 , 1992
and shall be completed before June 30, 1993
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: $150.00 per i nfomerc i a l
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City,its officers,agents and employees from any and
all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per-
formance of this agreement.City shall not be liable for acts of Contractor in performing services d�scribed herein.
Insurance. Should the City require evidence of insurability Contractor shall file with City a Ceruii.;ate of,Insurance
before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of
the race,color, national origin,ancestry,religion or sex of such person.
Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense
that the relatior+ of ma-ter and servant exists between City and undersigned.At all times Contractor shall be deemed to
be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in
executing this agreement.Contractor certifies that no one who has or will have any financial interest under this
agreement is an officer or employee of City.
Changes. This agreement shall not be assigned or transferred without the written consent of the City.No changes or
variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
,per Donna M. Krey DEPARTMENT Public Information Officer
This Agreement shall become effective upon its execution by CITY,in witness thereof,the parties have executed this
Agreement the day and year first written above.
CONTRAC CITY CUPERTINO:
Title Direct2rot Photof _Title Public Information Of cer
Soc. Sec. / 552-69-7chh
APPROVALS
Depart nt Date City I Dat
4
White-City Clerk Cop n-Finance Canary-CoMr er'a Copy Pink-iia Ivinp Copy Goldenrod•Department Copy
t* Ci>t it of C1o/per i"o
OFFICE OF THE CITY CLERK
October 16, 1992
L. Richard Fenton
1080 7bpaz Avenue #3
San Jose, California 95117
We are enclosing to you for your files and information one (1) copy of the
Agreement by and between the City of Cupertino and L. Richard Fenton which
has been fully executed by City Officials.
Your agreeirient shall begin on 09/11/92 and shall be oompleted before
06/30/93.
Thank you for your services.
Sincerely,
�r
DORMHY OQRM-MIUS
CITY CLERK
DC/cs
encl.
cc: Public Information Officer
o ..
AGREEMENT
t NFOMERG t ALS ACCOUNT:
CITY OF CUPERTINO 110-3500-699 a
P.O. Box 580
Cupertino, CA 95015 ® � Z
252-4505 NO.
BY THIS AGREEMENT made and entered into on the 11 day of September 19 92
by and betw �roheSGUTHWO CUPERTINO(Hereinafter referred to as CITY)and
Name (1) (2) _
Address 1255 SaFaroga Avenue City an Jose Zi Phonet#"1-253-3853
(Hereinafter referred as CONTRACTOR),in consideration of their mutual covenants,the parties hereto agree as follows:
CONTRACTOR Shall provide or furnish the following specified services and/or materials:
Director of Photography tDP) f :; infomercials
EXHIBITS:The following attached exhibits hereby are made part of this Agreement:
TERMS The services and/or materials furnished under this Agreement shall commence on September 1 1, 1992
and shall be completed before jiintm 30� 1 n93
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR:
$150.00 per Infamercial
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City,its officers,agents and employees from any and
all damage and liability of every nature,including all costs of defending any claim,caused by or arising out of the per-
formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability Contractor shall fie with City a Certificate of Insurance
before commencing any services under this agreement.Said Certificate shalt be subject to the approval of City's
Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of
the race,color, national origin,ancestry,religion or sex of such person.
Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense
that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to
be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in
executing this agreement.Contractor certifies that no one who has or will have any financial interest under this
agreement is an officer or employee of City.
Changes. This agreement shall not be assigned or transferred without the written consent of the City.No changes or
variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall i;e:
NAME—Donna M. Krery DEPARTMENT Public Information Officer
This Agreement shall become effective upon its execution by CITY,in witness thereof,the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY T CUPERTINO:
By By
T itle
Soc. Sec.# 571-33-8673
APPROVALS
Department Head Date Gity t:�04 Dat � Z
White-City Clerk Copy Careen-Finance Canary-Centrsatoes Cagy Pink-Rece ne Copy goldenrod-DeWment CoVV
r !
111111 ''
Citvj Of Cuperti"o
t ;cflu
1),'PAR!`.j 01 if i„ :fit`
OFFICE OF THE CITY CLERK
October 16, 1992
Soot Sout.hworth
1255 Saratoga Avenue
San Jose, California 95129
We are enclosing to you for your files and information one (1) copy of the
Agreement by and between the City of Cupertino and Scot Southworth which
has been fully executed by City Officials.
Your agreement shall begin on 09/11/92 and shall be completed before
06/30/93.
Thank you for your services.
Sincerely,
v r
DOROTHY COPNIMIUUS
CITY CLMK
DC/cs
encl.
cc: Public Izforntiation officer
AGREEMENT RE: PRODUCTION
OF INFOMERCIALS
R e c i t a l s:
WHEREAS, the City of Cupertino (hereinafter
referred to as "the CITY" ) operates a local government
channel (hereinafter known as "CHANNEL 53" ) in
conjunction with the two cable television franchise
previously awarded by the CITY; and
WHEREAS, it is the wish of the CITY, as part of
its overall goal of informing the general public of the
many assets and amenities available to residents and
visitors within the CITY, including the availability of
many unique merchants, artisans, and service providers;
and
WHEREAS, the CITY intends to utilize "air time" on
CHANNEL 53 (hereinafter referred to as "INFOMERCIALS" )
to the general public regarding the above; and
WHEREAS, Velma Aquero , (hereinafter referred to as
"the MERCHANT" ) , is such a merchant, artisan, or service
provider, working within the City of Cupertino, and
wishes to have his/her/its activity described on CHANNEL
53, and is willing to contribute the sum of $ 500.00
[CC/IA/D2] 1
to help defray the CITY's costs in preparing such an
I NF'OMERCI AL,
NOW, 'THEREFORE, IT I5 HERESY AGREED between the
CITY and the MERCHANT as follows:
1 . The CITY shall prepare, or cause to be
prepared, a video tape describing the activity or
activities performed by the MERCHANT within the City of
Cupertino.
2. The CITY shall have complete editorial control
over the material contained in all INFOMERCIALS.
However, the following guidelines shall be adhered to in
the production of all video tapes:
a) All INFOMERCIALS will follow a "standarl
format" using a narrative, "voice-over" style.
b) There will be no mention of prices or
product lines.
c) There will be no blatant promotions or
sales pitches.
3. The CITY shall have complete control over the
length of the INFOMERCIAL, as well as the time and
frequencing of its airing provided ; however, that the
CITY will make reasonable efforts to broadcast the
INFOMERCIAL at least twice per week during locally
produced programming (e.q. council and planning
commission meetings) . All such broadcasts shall be
subject to the CITY's determination not to air a
particular INFOMERCIAL, which in the sole opinion of the
[CC/IA/D21 2
CITY, would conflict with, or which would otherwise
appear unseemly with, the broadcasting of any business
conducted by a public body.
4. The video tape of all INFOMERCIALS remain the
property of the CITY and may not be copied or used by
the MERCHANT or his, her or its designee, for any
commercial purpose nor may said video tape be altered or
edited in any way without the express written consent of
the CITY.
5. Prior to production of any video tape of an
INFOMERCIAL the MERCHANT shall pay to the CITY, the sum
of $ 500.00 for the purpose of partially defraying
the CITY°s cost of preparing and airing the video tape.
The above sum [shall be used by the CITY only for the
purpose of reimbursing itself for the actual costs
incurred. ]
6. The MERCHANT shall cooperate fully in aiding
the CITY in producing the INFOMERCIAL including, but not
limited, to providing factual information, concernir:y-
his/hers or its operations, opening operations, at any
reasonable time for filming the merchant's activities,
and providing to the CITY interviews by any of the
MERCHANT°s employees.
7. The MERCHANT shall indemnify, defend and
otherwise hold the CITY harmless from any claim by any
third party made against the CITY as a result of any
information, fact, or opinion provided by the MERCHANT
[CC/IA/D2] 3
to the CITY which is utilized in the production of the
MERCHANT's INFOMERCIAL.
8. As used herein, the term "CITY" shall mean the
City Manager or his/her designated representative.
9 . In the event of breach of this Agreement by
either party which necessitates legal action, which may
include injunctive relief, the prevailing party shall be
entitled to reasonable costs of suit, including
reasonable attorney's fees.
Date �Q � Z1 Dated: 1 # L�
CI Y R MERCHANT
ATTEST
G
CITY CLERK
[CC/IA/D2] 4