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'" j J) ORIG~NAL AGREEMENT FOR Professional Audio Contractor SERVICES MBGS Caraway Audio THIS AGREEMENT is made and entered into as of the 23rd day of May, 2008, by and between the CITY OF REDWOOD CITY, a charter city and municipal corporation of the State of California ("City"), and MBGS Caraway Audio, a professional audio contractor ("Contractor") (collectively, the "Parties"). RECITALS A. City requires the professional services of an audio contractor that is experienced in concert sound engineering. B. Contractor has the necessary experience in providing professional services and advice related to concert sound engineering. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to 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, the Parties agree as follows: 1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. Standard of Performance. While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Northern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first above written and shall expire upon completion of performance of Services hereunder by Contractor. Agreement over $10K 1 City Attorney Approved Version 111803