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11-001 Howard Tseng (3)CUPERTINO December 23, 2013 Howard Tseng OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertinc..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, Kirsten Squarcia Deputy City Clerk Enclosure cc: Parks & Recreation SECOND AMEND. WAED TSENG FOR CONTRACT SERVI No:57408 FY 13-14 This Second Amendment to the Agreement between the City of Cupertino and Howard Tseng, for reference dated December 19, 2013, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and HOWARD TSENG, a sole proprietor, whose address is (hereinafter "referred to as Contractor"), and is made with reference to the following: RECITAL,: A. On May 1, 2012, the City and Contractor entered into an Agreement; and B. On June 10, 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 parties 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 Consultant shall receive additional compensation under Paragraph 3 of the Agreement as follows: 80% of resident fees minus $5 administrative fee per participant. The total compensation under the Agreement is not to exceed the following: $15,000.00 (total), $7,000.00 for the term of July 1, 2012 to June 30, 2013; $4,000.00 for the term of July 1, 2013 to December 31, 2013; and $4,000.00 for the term of January 1, 2014 to June 30, 2014; and On or before the term of this Second. Amendment, Contractor shall provide the City with a certificate of insurance and additional insured endorsement demonstrating 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. HOWARD TSENG CITY OF CUPERTINO Title: Fitness Instrucy Date:/ A. Municipal Corporation By Molly James Title: Recreation Coordinator REC ENDED FOR APPROVAL: Recreation Subervisor Date: APP OVED AS TO FORM: Wfj lA�City Attorney Date: a A.T�,EST: City Clerk Date: June 21, 2013 Howard Tseng 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.cupertino.org Enclosed are original copies of the first amendments to your agreement swith 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: 57408 FY 13-14 1St AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND HOWARD TSENG FOR CONTRACT SERVICES This 1St Amendment to the Agreement between the City of Cupertino and Howard Tseng, for reference dated June 10 , 2013, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Howard Tseng a sole proprietor whose address is (hereinafter "referred to as Consultant"), and is made with reference to the following: RECITALS: A. On May 1, 2012, an agreement was entered into by and between City and Howard Tseng (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: 80% of resident fee minus $5 administration fee per participant. Compensation shall not exceed a total amount of eleven thousand dollars ($11,000) to be paid during the periods of July 1, 2012 -June 30, 2013 ($7,000) and July 1 -Dec. 31, 2013 ($4,000). Payment by the City to the Consultant for services: Consultant will be paid no more than two payments per quarterly session with one final payment at the end of this agreement to close the account." 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. Howard Tseng CITY OF CUPERTINO A Municipal Corporation By: By Molly James Recreation Coordinator Title: Gercise Instructor Date: RECOMMENDED FOR APPROVAL: By Recreation Supervisor APPROVED AS TO FORM: City Attorney AS_k,T. ,City Clerk AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue CUPERTINO Cupertino, CA 95014 �'% �� (408) 777-3200 No.G1D Fiscal Year 11-12 BY THIS AGR made and entered* into on the 10th day of August, 2011 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Howard Tseng (Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties here to agree as follows: CONTRACTOR shall provide or furnish the following specifiE�d services and/or materials: Tai -Chi instruction at Blackberry Farm 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 December 31, 2011. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 80% of resident fees minus $5 administration fee per participant. GENERAL TERMS AND CONDITIONS: Hold Harmless CONTRACTOR agrees to save and hold harmless the CITY, its officers, agents, and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. CITY shall not be liable for acts of CONTRACTOR in performing services described herein. 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 It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation 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 CITA No changes or variations of any kind are authorized without the written consent of the CITY. ELATE CONTRACT COORDINATOR and representative for CITY shall be: j NAME: Molly M. James DEPARTMENT: Parks & 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. CONTRACTOR APPROVALS CITY OF CUPERTINO: e: Recreation Coordi EXPENDITURE DISTRIBUTION DEPARTT ACCOUNT NUMBER AMOUNT 110-6220-70 $1,500.00 �. j� CITY L K DKTE EXHIBIT A (Services) i. The services to be performed by CONTRACTOR: The contractor shall provide Tai -Chi classes at Blackberry Farm. i. The times and places CONTRACTOR will perform the services: Blackberry Tai Chi W 8:30-9:3o AIV 7/6/11-1z/z1/i1 Farm 3. The number and eligibility of persons to receive the service: Minimum = 5 Maximum = no maximum 4. Class pricing: $64R/$77NR - Regular enrollment fee THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION PROCEDURES AS LISTED IN THE RECREATION SCHEDULE. PARTICIPANTS SHOULD NOT TAKE PART IN THE CLASS UNLESS THEY ARE LISTED ON THE CLASS ROSTER OR SHOW PROOF OF ENROLLMENT. ALL PARTICIPANTS AND VOLUNTEERS NEED TO COMPLETE THE WAIVER OF LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM.