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03-068 Ron's Television Engineering Services AGREEMENT 408-777-3200 BY E made and entered into on the 2nd dayof July X~ 2003 by and between, the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Ron's Television Engineering (2~ervices Address'2640 Yerba Vista Court City San-Jose Zip 9512__lph0ne (408) 223-1922 (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: Video Systems (Maintenance) Engineer EXHIBITS: The following attached exhibits hereby are made part of this Agreement Exhibit A TERMS: The services and/or materials furnished under this Aflreement shall commence on July 2nd, 2 0 0 3 and shall be completed before December 31st, 200'3 ~OMPENSATION: For the fullpefformance of this Agreement, CiTY shall pay CONTRACTOR: 57.50/hr. ($75.00/hr. for "Emergency Situation Servicing, min. 2 hours 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 performance 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 file with City a Certificate 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 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 be: NAME Rick Kitson DEPARTMENTPUblic Information Officer This Agreement shall become effective upon its execution by CITY, in witness thereof, the~oarties have executed this Agreement the day and year first written above. / ~ CQJNT~IACTOR: r~ ~.. I'~ f~ ,% , / CITY/O'~PE~RTINO:~/~T/ Titl~-~Vi~ y~e ~ ~Mal'f~E~fance) Eng.Title Public Inf6rmation Officer Soc. Sec.# 567-35-7020 APPROVALS DEPARTMENT HE~ DATE DATE EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT 110-3500-7013/~/7/~/ ~ $10 , 000 C:ITY ~1 F:RK r. opY CUPER TINO Last Revision: July, 2003 Video Systems (Maintenance) Engineer Exhibit "A" (attachment to contract) Description The primary responsibility of the Engineer is to perform both routine and demand equipment servicing (Preventive Maintenance). Other services, at the following corresponding rates, include: - Emergency Situation Servicing $75.00 (Service includes providing on-call service in any situation beyond (min. 2 hrs.) routine preventive maintenance and other scheduled work; servicing requiring immediate attention within 8 hours of notification.) Equipment Research (Service includes: - gathering research from vendors and/or manufacturers; - making equipment recommendations based on research) $57.50 New Equipment Installation and Equipment Configurations $57.50 (Service includes: - installing new equipment; - drawing schematics to configure equipment for desired operation) - Special Projects / Productions $57.50 (Service includes engineering special City Channel productions (i.e. an EFP-style production)) The Engineer works with the City Channel Staff. Work performed for other City of Cupertino any other department must be approached as a separate agreement between that department and the Engineer. Parts and/or equipment ordered and purchased for equipment maintenance and repair are processed through the City Channel ("Government Channel") department budget. Under special circumstances, the Engineer may invoice the City of Cupertino for the cost of parts or equipment provided he/she has obtained prior authorization from the City Channel Staff. The Engineer provides the City of Cupertino with objective and current information to the best of his/her ability. The Engineer provides 24-hour advance notice of any appointment cancellations. For more information on the Engineer position, please contact The City Channel office: (408) 777-3264.