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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