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90-049 Trafton-Laughlin; Telemanagement services p"W`•�-ry;..i-:LLQ;^ .. • AGREEMENT ilOo‘rgatt CITY OF CUPERTINO %oa to ' P. O. Box 580 Cupertino, CA 95015 252-4505 NO. BY THIS AGREEMENT made and entered into on the 1st day of November 19 90 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Traf ton—Laughlin (2) Address 531. Vernon Street, Suite G City Roseville Zip 9567$ Phone(916) 961-4554 (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: Telemanagement services EXHIBITS:The following attached exhibits hereby are made part of this Agreement: Exhibit A. TERMS The services and/or materials furnished under this Agreement shall commence on November 1, 1990 and shallbe completed before June 30, 1991 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: $55/hr. not to exceed $2,000 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 file with City a Certificate of Insurance before commencing any services under this agreement.Said Certificate shall be subjectto the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shag 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 Dorothy Cornelius DEPARTMENT City Clerk 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. CONTRACTn,t: CITY OF CUP TI • //(77 7 By By Title Title -4 Soc. Soc. Sec.# APPROVALS Department Hea Dat / City Clrly Date/ ' A" pg tia ' " q TRAFTON—LAUGHLIN ;5 T E L E MANAG E ME NT S E RV ICES 531 Vernon Street; Suite G • Roseville, CA 95678 Sacramento Voice Mail No. (916) 961-4554 1 TELEMANAGEMENT SERVICES PROVIDED 1 . Call only ONE SERVICE COMPANY to facilitate and manage all of your telecommunication service calls, orders , troubleshooting, billing problems, or informational needs . 2 . Your company will now benefit from GROUP BUYING POWER by joining the many other companies enjoying TRAFTON-LAUGHLIN TELEMANAGEMENT SERVICES . 3 . Your local Bell Company BILLS WILL BE REVIEWED to determine the number of lines being billed. You will be advised when more cost effective Bell services are found. 4 . Every six months, telephone long distance SERVICES AND RATES WILL BE REVIEWED to determine your most cost effective services such as DATA lines, TIE lines, OPX lines, incoming and outgoing WATS lines, and other long distance services that will benefit you the most. 5 . RELIABLE INFORMATION AND ADVICE are available when you have inquiries regarding your telecommunications voice or data services, new products, telephone systems , software, voice mail, etc . 6 . WE WILL DO YOUR LEG WORK AND FOLLOW-UP when you are too busy or don' t want to spend your own valuable time on service or equipment needs. 7 . Client has the option to select any of the telemanagement services that will best serve client ' s needs . 8 . TRAFTON-LAUGHLIN TELEMANAGEMENT SERVICES shall provide client with up to / hours of service per month. Extensive or special telemanagement services requested by client shall be billed at fixed cost estimates , and paid in full upon completion. A late charge of 1 . 5% per month shall be added to outstanding account balances 30 days past due . 9 . Client agrees to pay vendor service company' s overtime hourly rates if work is requested at times other than normal business hours (Monday thru Friday, 8 a.m. -5 p.m. ) . Page 1 of 2 10 . Vendors ' work order requests shall be signed by client or client ' s employee requesting service . 11 . TRAFTON-LAUGHLIN TELEMANAGEMENT SERVICES agrees to direct all non-emergency service calls within 24 hours and follow-up until resolved. All emergency calls should first go directly to the vendor affected and then to TRAFTON-LAUGHLIN TELE- MANAGEMENT SERVICES for follow-up. 12 . Client hereby appoints TRAFTON-LAUGHLIN TELEMANAGEMENT SERVICES as its General Agent for services requested by client and agrees to sign attached Letter of Agency for this purpose . 13 . Bell , long distance company or vendor services requested by the client shall be the full responsibility of the client and payable as normally required by the appropriate service company. 14 . Client may choose between two long distance carrier options : A. Carrier participating in compensation with TRAFTON- LAUGHLIN TELEMANAGEMENT SERVICES at no cost to client, or B. Carrier not participating in compensation with TRAFTON- LAUGHLIN TELEMANAGEMENT SERVICES for a fee of an amount equal to client' s first six months ' savings . 15 . TRAFTON-LAUGHLIN TELEMANAGEMENT SERVICES is acting only as a service or project facilitator on behalf of the client . Client agrees to hold TRAFTON-LAUGHLIN TELEMANAGEMENT SERVICES harmless from claims or damages arising from services rendered or not, by client ' s vendors , Bell Company, long distance companies, or any other related telephone equipment or service companies . 16 . Either client or TRAFTON-LAUGHLIN TELEMANAGEMENT SERVICES can terminate Telemanagement Service with 30 days written notice . Trafton-Laughlin Telemanagement Services Date ' a/sic DO/et) 74/ (/-Z A m /I I 0 5 (4,2 c 7/c o p. y /Name & Title Sign' ure Date Page 2 of 2