11-001 Celia Lang No: 5767/
FY 13-14
1St AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND Celia Liang FOR Contract Services
This 1St Amendment to the Agreement between the City of Cupertino and Celia Liang,
for reference dated May 22, 2013, is by and between the CITY OF CUPERTINO, a municipal
corporation (hereinafter "City") and Celia Liang a sole proprietor whose address is
(hereinafter "referred to as Consultant"), and is made with
reference to the following:
RECITALS:
A. On May 4, 2012, an agreement was entered into by and between City and Celia
Liang(hereinafter "Agreement").
B. City and Consultant desire to modify the Agreement on the terms and conditions
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 1 of the Agreement is modified to read as follows:
"The term of this Agreement shall commence on July 1, 2012, and shall terminate
on December 31, 2013, unless terminated earlier as set forth herein."
2. Paragraph 3 of the Agreement is modified to read as follows:
"Consultant shall be compensated for services performed pursuant to this
Agreement in the amount set forth below.
Compensation: 70% of resident fees - $5 administration fee per participant.
Compensation shall not exceed a total amount of two thousand dollars ($2000.00)
per year for a total not to exceed six thousand dollars ($6000.00).
Payment by the City to the Consultant for services: Consultant will be paid no
more than three times per quarter.
3. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT: CITY OF CUPERTINO
&.
By: Karen Levy gig
Title: Dance Instructor U Title: Recreation Coordinator
Date: (1 5 4.3 7/1 3
RECOMMENDED FOR APPROVAL:
Recreation Supervisor
APP LOVED AS TO FORM:
ILL IL?IL(d City Attorney
A EST:tit
r
� , City Clerk
/ OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE •C:UPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
4st '9sf WEBSITE:www.cupertino.org
CUPERTINO
June 17, 2013
Celia Liang
Re: Agreement
Enclosed is an original copy of the first amendment to your agreement with the City of
Cupertino. If you have any questions or need additional information, please contact the
Parks and Recreation Department at 408-777-3120.
Sincerely,
is di >arl_gret
Dorothy Steenfott
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Parks & Recreation
CITY Of AGREEMENT
CITY OF CUPERTINO
� 10300 Torre Avenue
CUPERTINO Cupertino, CA 95014
408- 777 -3200 NO. -C2f
BY THIS AGREEMEN , ma•e and entered into this 30th day of June, 2011 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Celia Liang
Address:
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specifiec services and /or materials: Dance Instruction
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 July 1, 2011 and shall be
completed before June 30, 2012.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of resident fees minus $5 administration fee per participant
GENERAL TERMS AND CONDITIONS
Hold Harmless. To the extent permitted by law CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers,
officials, employees, volunteers, agents and representatives, from and against any and all claims, demands, actions, causes of
action, losses, damages, liabilities, or judgments known or unknown, and all costs and expenses, including reasonable attorneys'
fees in connection with any injury or damage to persons or property to the extent arising directly or indirectly out of any negligence,
error, omission, recklessness or willful misconduct of CONTRACTOR, or anyone for whom CONTRACTOR is legally liable in
relation to the performance of services under this Agreement. Such defense and indemnification shall not apply in any instance of
and to the extent caused by the sole negligence, recklessness or willful misconduct of CITY, its officers, officials, employees,
volunteers, agents or representatives.
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 subject to the approval of City's Director of Administrative
Services.
Non - Discrimination. No discrimination shall 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 Agreernent 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.
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: a";'te' V _ "1
NAME: Karen Levy DEPARTMENT: Park and Recreation
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.
CONTRACTO,: CITY OF CUPERTINO:
B
-
APPROVALS EXPENDITURE DISTRIBUTION
DEPA" HEAD DAT •,CCOUNT NUMBER AMOUNT
r J
6 580- 6449 -7014 $4,000.00
a TAB ,jr//4/
EXHIBIT A
1. The City reserves the right to terminate this Agreement with a 30 -day notice. The
contractor may terminate this Agreement with a 30 -day written notice.
2. In the event that the Contractor has employees who will assist in the performance of
this Agreement, Contractor shall file with City a Certificate of Worker's
Compensation Insurance and for those instructing persons 18 years and younger,
provide fingerprint clearance and current TB test.
3. In the event that less than the required minimum number of participant shall request
and pay for services prior to the agreed upon time for the commencement of services
to be preformed by Contractor, City may cancel and withdraw from this Agreement.
4. 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 perfolined by the contractor.
5. 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.
6. The Contractor shall not promote his/her business to participants registered in the
City's programs.
Revised 4/23/97
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