12-049 Agreement, Shivani Tripathi, Software Design and Development CITY OF
7+7 AGREEMENT
y
CITY OF CUPERTINO
10300 Torre Avenue
/.,,,s,\ V I -' Cupertino, CA 95014 07'.C-7
CUPERTINO 408-777-3200 NO. Z/O
THIS AGREEMENT, made and entered into this 23 day of APRIL/'-0i2 is by and between
the CITY OF CUPERTINO (Hereinafter "CITY") and SHIVAivi TRI PATH
CNNvuuL 1 1058 m it.1- Av6 s c ry .ms E, CA 95-12-q (4.08) 218 a7y 2
(address/phone/email) Shi VP.hi. tri pat.;G 3,+u�;�,Q ,uY
Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as
follows:
CONTRACTOR s, hall provide C or, furnish the following specified services and/or materials:
Check box if services are further described in an Exhibit. ( �
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: '
T T,he services and/or materials furnished under this Agreement sh I co mence on
d/Z6-Pv/z and shall be completed no later than 7/�-D/z-
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers
employed on a Public Works contract in excess of$1,000.00. /�
GENERAL TERMS AND CONDITIONS j ENTERED
Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers against any and all
liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any
of them, including any injury to or death of any person or damage to property or other liability of any
nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or
Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be
obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole
or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses
shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs
and fees of litigation.
Subcontracting. Contractor has been retained due to their unique skills and Contractor may not
substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior
written consent from City is obtained, only those people whose names are listed this Agreement shall
be used in the performance of this Agreement.
Page 1 of 3
Short Form Agreement
Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of
CITY.
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $500,000 each occurrence
$1,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of$2,000,000 will be
considered equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the following minimum limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance, Contractor shall
look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to either Contractor or City with
respect to the services of Contractor herein, a waiver of any right to subrogation which any such
insurer of said Contractor may acquire against City by virtue of the payment of any loss under such
insurance.
Termination of Agreement. The City reserves the right to terminate this Agreement with or without
cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without
cause with a seven (7)-day written notice.
Non-Discrimination. No discrimination shall be made in the employment of persons under this
Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation
of such person
Page 2 of 3
Short Form Agreement
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of
employment in the sense that the relationship 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. City shall have no right of control as to the manner
Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the
manner in which such services are being performed by the contractor.
The Contractor shall comply with all applicable Federal, State, and local laws and ordinances
including, but not limited to, unemployment insurance benefits, FICA laws, and the City business
license ordinance.
Changes. No changes or variations of any kind are authorized without the written consent of the
City.
CONTRACT�C -ORDINATO nd representative for CITY shall be:
NAME: /V/ 1, A Jti- DEPARTMENT: �/rl��� iD dI
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 Q!`" E INO: jerrAr
By SNtrANI TRIPA'THI By �"'C LW.te "
Title P Ito P• Titl-: M Z;11; r r
Soc. Sec. #or Tax I.D 1-5-4935900
APPROV••I S / EXPENDITURE DISTRIBUTION
`7,= - 1 7" "►i D• E i ,COUNT NUMBER AMOUNT
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&an 0-3- 0 - o/9' $�
CITY A •it ;VED A O FORM D TE
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CITY ' ERKATTT EE DATE
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Page 3 of 3
Short Form Agreement
Shivani Tripathi Consulting
1058 Miller Ave
San Jose 95129
Scope of Work
Build the City Channel asset database and create the scheduling module that gets
programming info from the asset database
Date: 04/13/2012
City of Cupertino
Description Module Cost
Module 1
• Design the City Channel Database $3000
• Data Migration from File Maker Pro to SQL
• Creating the web application using .NET and SQL server
to maintain Master database table. This app provides
the option to search or sort the table based upon
selected field and parameter.
• The application also provides the ability to add, update,
and delete the records from the table.
Module 2
The scheduling module helps manage and build the $2000
schedule for the City Channel programs.
• Design the Scheduling table
• Create the application that provides the
option to look-up the existing date and
program title
• Application provides the ability to add and
update individual programs to build the
program schedule for the day
Test the modules
Move to the production
Total Cost $5,000