13-001 Mau Trong=i
CUPERTINO
February 20, 2014
OFFICE OF THE CITY CLERK
CITY HALL
1.0300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertino.org
Re: Second Amendment to Agreement for Contract Services
Enclosed is a fully executed copy of the above stated 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,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Parks & Recreation
s Q
a No: 57988
FY 13 -14
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
MAU TRUONG FOR CONTRACT SERVICES
This Second Amendment to the Agreement between the City of Cupertino and Mau Truong, for
reference dated January 1,.2014, is by and between the CITY OF CUPERTINO, a municipal corporation
(hereinafter "City ") and MAU TRUONG, a sole proprietor, whose address is
(hereinafter "referred to as Contractor "), and is made with reference to the following:
RECITALS:
A. On December 6, 2012, the City and Contractor entered into an Agreement; and
B. On May,22, 2013, the City and Contractor entered into a First Amendment to the Agreement
between the -City and Contractor (collectively, the Agreement and First Amendment are hereafter referred
to as "Agreement "); and
C. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned part ies as follows:
1. The term of the Agreement as set forth in Paragraph 1 shall be extended six months,
from January 1, 2014 until June 30, 2014, unless terminated earlier as set forth in the
Agreement; and
2. Consultant shall receive additional compensation under Paragraph 3 of the Agreement
as follows: 70% of resident fees minus $5 administrative fee per participant plus one
half of drop in fees. The. total compensation under the Agreement is not to exceed the
following: $5,500.00 (total), $1,500.00 for the term of April 1, 2013 to June 30, 201.3;
$2,000.00 for the term of July 1, 2013 to December 31, 2013; and $200, 0 for -the-
erm!of Januaryyl 2014 to June 30'2014 and
3. On or before the terns of this Second Amendment, Contractor shall provide the City with
a certificate of insurance and additional insured endorsement demonstrating
ky` Contractor's ongoing compliance with the Agreement's insurance, obligations and
naming the City as an additional named insured; and
4. Contractor represents, warrants, and declares that the Agreement Exhibit "C" the "City
of Cupertino Consultant Declaration" remains accurate and current..
5. Except as expressly modified herein, all other terms, covenants and conditions 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.
MAU TRUONG CITY OF CUPERTINO
A Municipal Corpora lion
By/ By Karen Levy Kv"
1�111le: fitness Instructor Title: Recreation Coordinator
Date:
RECD 1ED END FOR APPROVAL:
_ I Recreation Supervisor
Date: L
AI' OVED AS TO FORM:
YVIA �� City Attorney
D�rte:
AfZ"IY_City
i' Clerk
Da e Z fZ`(
•
June 17, 2013
Mau Trong
Re: Agreement
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • C.UPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: vwvw.cupertino.crg
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,
Dorothy Steenfott
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Parks & Recreation
No: 57988
FY 13 -14
1St AMENDMENT TO AGREEMENT ]BETWEEN THE CITY OF CUPERTINO
AND Mau Trong FOR Contract Services
This 1St Amendment to the Agreement between the City of Cupertino and Mau Trong,
for reference dated May 22, 2013, is by and between the CITY OF CUPERTINO, a municipal
corporation (hereinafter "City ") and Mau Trong a sole proprietor whose address is
(hereinafter "referred to as Consultant "), and is made with reference to
the following:
RECITALS:
A. On December 6, 2012, an agreement was entered into by and between City and
Mau Trong (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 April 1, 2013, 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 plus
'/2 of drop in fees. Compensation shall not exceed'a total amount of two thousand
dollars ($2000.00) per year for a total not to exceed thirty -five hundred dollars
($3500.00).
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:
Bv• / :-
Title: Fitness Instructor
Date:
CITY OF CUPERTINO
A Municipal Corporation
By: Karen Levy W
Title: Recreation Coordinator
RECOMMENDED FOR APPROVAL:
Recreation Supervisor
APPR VEDAS TO FORM:
tity Attorney
ATTEST:
City Clerk
CUPERTINO
March 21, 2013
Mau Trong
Re: Agreement
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertirio.org
Enclosed is a copy of your agreement with the City of Cupertino. If you have any questions or
need additional information, please contact our office at 408 - 777 -3223.
Sincerely,
Brittany Carey
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Parks & Recreation
CITY OF
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
D Cupertino, CA95014
CUPERTINO 408- 777 -3200 NO.
THIS AGREEMENT, made and entered into this 6th_ day of December is by and
between the CITY OF CUPERTINO (Hereinafter "CITY ") and Mau Trong
Hereinafter "CONSULTANT "), in consideration of their mutual covenants, the parties agree as
follows:
CONSULTANTshall provide or furnish the following specified services and /or materials:
Adult Wellness Instruction
Check box if services are further described in an Exhibit.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: A_.
TERM: The services and /or materials furnished under this Agreement shall commence on April 1,
2013 and shall be completed no later than June 30, 2013.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT:
70% of resident fees - $5 administration fee per participant
GENERAL TERMS AND CONDITIONS
Hold Harmless.Consultant 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
Consultant or Consultant's employees, officers, officials, agents or independent Consultants.
Consultant 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.Consultant has been retained clue to their unique skills and Consultant 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.Consultant may not assign or transfer this Agreement, without prior written consent of
CITY.
Page 1 of 3
Short Form Agreement
Changes. No changes or variations of any kind are authorized without the written consent of the
City.
CONTRACT COORDINATOR and representative for CITY shall be:
NAME: Karen Levy DEPARTMENT: Parks 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.
CONSULTANT: CITY OF CUPERTINO:
By _ / ,/ )
Title: Recreation Coordinator
APPROVALS
EXPENDITURE DISTRIBUTION
D MENT HEAD
DAT
580 -64 014
$1500.00
CI ATQNEYPjGZ O FORM
6A
DAfE
CITY, CLERK. ATTEST
�^
DATE
717
�C 3
Page 3of 3
Short Form Agreement