HomeMy WebLinkAboutHesselbach Video Engineering Services; 2004-02-10;AGREEMENT FOR AUDIO VIDEO SYSTEM INTEGRATION & CONSULTING
SERVICES
Steven A. Hesselbach, (dba "Hesselbach Video Engineering Services")
THIS AGREEMENT is made and entered into as of the \Oh day of &boar 2004 by and between the CITY OF CARLSBAD, a municipal corporation, +i ("City"),
Hesselbach Video Engineering Services, a City of Carlsbad licensed contractor.
RECITALS
City requires the professional services of an AUDIO VIDEO SYSTEM
INTEGRATOR that is experienced in DESIGN AND INSTALLATION OF VARIOUS
AUDIO VIDEO SYSTEMS. Contractor has the necessary experience in providing these
professional services, has submitted a proposal to the City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1.
2.
3.
4.
5.
SCOPE OF WORK City retains Contractor to perform, and Contractor agrees
to render, those services (the "Services") that are defined in attached Exhibit
"A", attached and incorporated by this reference in accordance with the terms
and conditions set forth in this Agreement.
- TERM The term of this Agreement will be effective for a period of 90 daw
from the date first above written.
COMPENSATION The total fee payable for the Services to be performed
will be TWENTY-FOUR HUNDRED dollars ($2,400). No other compensation
for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. City reserves the right to withhold a ten
percent (10%) retention until City has accepted the work and/or Services
specified in Exhibit "A".
STATUS OF CONTRACTOR Contractor will perform the Services in
Contractor's own way as an independent contractor and in pursuit of
Contractor's independent calling, and not as an employee of City. Contractor
will be under control of City only as to the result to be accomplished
INDEMNIFICATION Contractor agrees to indemnify and hold harmless the
City and its officers, officials, employees and volunteers from and against all
claims, damages, losses and expenses including attorneys fees arising out of
the performance of the work described herein caused in whole or in part by
any willful misconduct or negligent act or omission of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable. The parties expressly
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agree that any payment, attorney’s fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City’s self-
administered workers’ compensation is included as a loss, expense or cost
for the purposes of this section, and that this section will survive the expiration
or early termination of this Agreement.
6. INSURANCE Contractor will obtain and maintain policies of commercial
general liability insurance, automobile liability insurance, a combined policy of
workers’ compensation, employers liability insurance and professional liability
insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current rating in the Best’s
Key Rating of not less than A-:V in an amount of not less than five hundred
thousand dollars ($500,000) each, unless otherwise authorized and approved
by then City Professional Liability, which will be written as claims-made-
coverage. The insurance will be in force during the life of this Agreement and
will not be canceled without thirty (30) days prior written notice to the City by
certified mail. City will be named as an additional insured on the General and
Automobile liability. Contractor will furnish certificates of insurance to the
Contract Department, with endorsements to City prior to City’s execution of
this Agreement.
7. CONFLICT OF INTEREST City will evaluate Contractor‘s duties pursuant to
this Agreement to determine whether disclosure under the Political Reform
Act aid City’s Conflict of Interest Code is required of Contractor or any of
Contractor‘s employees, agents, or subcontractors. Should it be determined
that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those
schedules specified by City and contained in the Statement of Economic
Interests Form 700.
8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local,
state and federal laws and regulations prohibiting discrimination and
harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION City or Contractor may terminate this Agreement at any time
after a discussion and written notice to the other party. City will pay
Contractor‘s costs for services delivered up to the time of termination, if the
services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that
it may be subject to civil penalties for the filing of false claims as set forth in
the California- False Claims Act, Government-Code sections 12650 et sea.,
and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further
acknowledges that debarment by another jurisdiction is grounds for the City of
Carlsbad to terminate this Agreement.
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11.
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13.
VENUE AND JURISDICTION Contractor agrees and stipulates that the
proper venue and jurisdiction for resolution of any disputes between the
parties arising out of this Agreement is the State Superior Court, San Diego
County, California
ASSIGNMENT contractor may assign neither this Agreement nor any part of
it, nor any monies due or to become due under it, without the prior written
consent of City.
AMENDMENTS this Agreement may be amended by mutual consent of City
and Contractor. Any amendment will be in writing, signed by both parties,
with a statement of estimated changes in charges or time schedule.
CONTRACTOR
*By:
(sign here)
STEVEN A. HESSELBACH. owner
(print namehitle)
**By:
(sign here)
CITY OF CARLSBAD, a municipal
corporation of the State of California
City Manager or Mayor
ATTEST:
ORRAINE M. WOOD "U
City Clerk (print namehitle)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
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APPROVED AS TO FORM:
RONALD R. BALL, City Attorney -
By:
Xeputy City Attorney -
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SCOPE OF SERVICES
Itemized List of what Contractor will do for City and at what price.
FOR THE
CARLSBAD CITY LIBRARY AUDITORIUM
Sound and Video Proiection UpQrade for the
Rubv G. Schulman Auditorium
Overview of Project Description
In an effort to upgrade part of the Ruby G. Schulman Auditorium’s audio video
system, Hesselbach Video Engineering Services (“HVES”) will help develop for
the City of Carlsbad’s Media Division a Request for Quote or “RFQ”. This RFQ
will then allow outside vendors to submit bids that are based on current, accurate
and comprehensive information.
The proposed upgrade will include a new sound system for the auditorium, a new
video projector and a new electronic roll-down screen.
This scope of work outlines what services and information HVES will provide to
the City of Carlsbad’s Media Division helping them to receive the best value for
their investment.
1 .O CONFLICT OF INTEREST DISCLAIMER
A. HVES has no financial interest or personal gain in. recommending any
Recommendation is solely based on particular replacement system.
extensive evaluation and performance of comparable products.
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8. HVES has no partnerships, alliances or financial interest with any outside
vendor, equipment manufacture or installation vendor in regards to this
project.
C. The selection of vendor for the installation of this new upgraded system
will be by the City of Carlsbad choosing and not as a result of any
interest served by HVES.
2.0 SPECIFICATIONS OF SERVICES PROVIDED BY HVES
HVES quote (attached) is for the development of a comprehensive RFQ. It
will outline specifications for equipment and installation. This material, when
completed, will become the property of the City of Carlsbad to be used to
distribute to interested vendors.
The development of the RFQ documents & services provided will be as
follows:
A. Research of entire project and it’s objectives.
B. Technical description of the project
C. Rough drawings with measurements.
D. Recommended equipment list (and/or technical specifications of what
equipment must be able to perform.)
E. How this upgrade will interface with the existing auditorium AV systems.
F. Screen installation & specifications.
G. Contractors/vendors requirements
H. Final inspection and testing of new systems.
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