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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 ID ME H -.... DATE °� D -- 3'> � I L $ CITY A RNEX APP D TO FORM DATE CITY CLERK: A— T DATE " 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