13-198 Kristin Gaeta, Consultant Service to Develop Consolidated Project Documentation on Microsoft Project for the CSI Magnet ProjectOFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertino.org
CUPERTINO
December 10, 2013
Kristin Gaeta
753 Mellon Court
Sunnyvale, CA 94087
Re: Agreement
Enclosed is a fully executed copy of your agreement with the City of Cupertino. If you have
any questions or need additional information, please contact the Communications
Department at (408) 777 -3264.
Sincerely,
Dorothy St nfott
Senior Office Assistant
Enclosure
cc: Communications
HVI[CCIIVICIY 1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408 -777 -3200
CUPERTINO
THIS AGREEMENT, made and entered into this 4 day of November is by and
OF CUPERTINO (Hereinafter "CITY ") and Kristin Gaeta
753 Mellon Ct.
Sunnyvale, CA 94087
(illuel
between a 6B
Hereinafter "CONTRACTOR "), in consideration of their mutual covenants, the parties agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and /or materials:
Develop consolidated project documentation on Microsoft Project for the CSI Magnet
(paperless building plan) project through interviews and information requests of Cupertino
city staff and city consultants.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Project Scope
TERM: The services and /or materials furnished under this Agreement shall commence on
November 7, 2013 and shall be completed no later than June 30, 2014
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR an
amount not to exceed:
$ 5,000
GENERAL TERMS AND CONDITIONS
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.
Assignment. Contractor may not assign or transfer this Agreement, without prior written consent
of CITY.
Page 1 of 3
Short Form Agreement
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) LiabiG :
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single lima policy with aggregate limits in the amounts of
$1,000,000 will be considered equivalent to the required minimum limits shown
above.
(3) Automotive:
Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which the includes amount of agleast $1e000 000ional acts,
errors and omissions of Consultant i
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils or shall
it has agreed to provide'comprehensive general and. automotive liability il insurance, behalf of any insurer
look solely to its insurance for recovery.
Contractor hereby g Y�
ovidin comprehensive general and automotive liability insurance toosubrogation Contractor which r any providing g
y such
respect to the services of Contractor herein, a waiver of any g
insurer of said Contractor may acquire against City by virtue of the payment of any loss under such
insurance.
th or
Termination of Agreement. The City reserves the right to termen� Hate th Agree eent wi t w th or
without cause with a seven (7) -day notice. The Contract Y
without cause with a seven (7) -day written notice,. r this
No discrimination shall be made in the employment of persons ender or sexual Non - Discrimination religion, g
Agreement because of the race, color, national origin, ancestry, 9
orientation of such person
Interest of Contractor. It is understood and agreed that this Agreement
exists is not a contract of
employment in the sense that the ctoa shalhlbe deemed to be servant contractor and
undersigned.. At all times, Contra contracts or other obligations in executing this
Contractor is not authorized to bind the City to ;any
Page 2 of.3
Short Fonn Agreement
6/
Agreement. UUHL1dcLu1 C:CIUIICJ UIQl IIV U11V VVIJU IICAJ —
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 CO- ORDINATOR and representative for CITY shall be:
NAME Rick Kitson
DEPARTMENT: CITY MANAGER
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:
1 Jr,
By Kristin Gaeta A 'rid,,
ut
Title Proprietary
Tax I.D:01MIJIMMIM
CITY OF CUPERTINO:
By Rick Kitson
Title: Public Affairs Director
CYOCAInIT1IRF r11CTRIRIITInM
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CITY A RNEX APP D TO FORM
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Page 3 of 3
Short Form Agreement
Kristin Gaeta
753 Mellon Ct.
Sunnyvale, CA 94087
Date: 11/18/2013
Project Scope
Documentation of CSI Magnet project.
City of Cupertino
Description
1. Identify and document requirements
2. Interview project team members
3. Analyze and provide documentation and diagnosis.
Total Cost
$5,000