20-094 Amendment #1 08-13-2020FIRST AMENDMENT TO AGREEMENT 20-094 BETWEEN THE
CITY OF CUPERTINO AND CUPERTINO LESSEE LLC DBA
JUNIPER HOTEL CUPERTINO, CURIO COLLECTION BY
HILTON FOR MEAL PREPARATION FOR THE SENIOR MEAL
DELIVERY PROGRAM
This First Amendment to Agreement 20-094 between the City of Cupertino and
Cupertino Lessee LLC DBA Juniper Hotel Cupertino, Curio Collection by Hilton, for
reference dated 7/22/2020, is by and between the CITY OF CUPERTINO, a municipal
corporation (hereinafter "City") and Cupertino Lessee LLC DBA Juniper Hotel Cupertino,
Curio Collection by Hilton, a Food Service Provider (“Contractor”) whose address is 10050
S De Anza Blvd., Cupertino, CA 95014, and is made with reference to the following:
RECITALS:
A. On 7/22/2020, Agreement 20-094 (“Agreement”) was entered into by and
between City and Contractor for Meal Preparation for the Senior Meal Delivery
Program.
B. 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. Services
Paragraph 2 of the Agreement is modified to read as follows:
Contractor agrees to provide the services and perform the tasks (“Services”) set forth
in detail in Scope of Services, attached here and incorporated as Exhibit A2.
Contractor further agrees to carry out work in compliance with the City’s Shelter In
Place and Social Distancing Requirements, attached here and incorporated as Exhibit
A-A.
2. Time of Performance
Paragraph 3 of the Agreement is modified to read as follows:
3.1 This Agreement begins on the Effective Date and ends on September 16, 2020
(“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services
shall begin on July 22, 2020 and shall be completed by September 16, 2020. The City’s
appropriate department head or the City Manager may extend the Contract Time
through a written amendment to this Agreement, provided such extension does not
include additional contract funds. Extensions requiring additional contract funds are
subject to the City’s purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance
with the Schedule of Performance, attached and incorporated here Exhibit B2.
3.3 Time is of the essence for the performance of all the Services. Contractor must
have sufficient time, resources, and qualified staff to deliver the Services on time.
3. Compensation
Paragraph 4 of the Agreement is modified to read as follows:
4.1 Maximum Compensation. City will pay Contractor for satisfactory
performance of the Services an amount that will based on actual costs but that will be
capped so as not to exceed $6,003.72 (“Contract Price”), based upon the scope of
services in Exhibit A2 and the budget and rates included in Exhibit C,
Compensation attached and incorporated here. The maximum compensation
includes all expenses and reimbursements and will remain in place even if
Contractor’s actual costs exceed the capped amount. No extra work or payment is
permitted without prior written approval of City.
4.2 Invoices and Payments. Monthly invoices must state a description of the
deliverable completed and the amount due for the preceding month. Within thirty
(30) days of completion of Services, Contractor must submit a requisition for final
and complete payment of costs and pending claims for City approval. Failure to
timely submit a complete and accurate payment requisition relieves City of any
further payment or other obligations under the Agreement.
4. Exhibits A and B of the Agreement are replaced with new Exhibit A2 and B2
attached hereto.
5. 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.
CONTRACTOR
CUPERTINO LESSEE LLC doing business as
JUNIPER HOTEL CUPERTINO, CURIO
COLLECTION BY HILTON
By: Hilton Management LLC, its Managing
Agent
Title
Date________________________________
CITY OF CUPERTINO
By
Title
Date________________________________
APPROVED AS TO FORM
City Attorney
PEGGY CHEN
DIRECTOR OF FINANCE
Aug 13, 2020
Heather M. Minner
Joanne Magrini
Aug 13, 2020
Director of Parks and Recreation
ATTEST:
City Clerk
Date________________________________
EXPENDITURE DISTRIBUTION
PO #2021-119 100-62-608 700-702
Original $2,825.28
Amendment #1: $3,178.44
Amendment #2:
Total: $6,003.72
1274897.1
Aug 13, 2020
EXHIBIT A2
SCOPE OF WORK
The Contractor agrees to the following:
- To cook and provide approximately 33 meals per day (approximately 66 per week, excluding
Labor Day) for the Senior Food Delivery Program
- The meals will be individually packaged for delivery to multiple locations.
- Each meal will consist of one main dish and one side dish.
The City agrees to the following:
- To provide staff to pick up the meals from the Contractor
- To contact the Contractor at least one day ahead to confirm the exact number of meals needed
for the following service day’s delivery
EXHIBIT B2
SCHEDULE OF PERFORMANCE
The City and Contractor agree to the following schedule:
For pick up every Monday and Wednesday morning, at 11:30am, starting from July 22, 2020 to
September 16, 2020. There will be no service on Monday, September 7, 2020 due to the Labor Day
holiday.
Juniper Amendment
Final Audit Report 2020-08-13
Created:2020-08-12
By:Kevin Khuu (KevinK@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAsZCAENQx5JHgyyeVJwMvlC2V_10S4J7u
"Juniper Amendment" History
Document created by Kevin Khuu (KevinK@cupertino.org)
2020-08-12 - 4:43:33 PM GMT- IP address: 76.102.46.222
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2020-08-12 - 4:46:03 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2020-08-12 - 4:55:32 PM GMT - Time Source: server- IP address: 24.23.184.82
Document emailed to PEGGY CHEN (peggy.chen@hilton.com) for signature
2020-08-12 - 4:55:34 PM GMT
Email viewed by PEGGY CHEN (peggy.chen@hilton.com)
2020-08-13 - 0:54:12 AM GMT- IP address: 104.47.56.126
Document e-signed by PEGGY CHEN (peggy.chen@hilton.com)
Signature Date: 2020-08-13 - 1:18:52 AM GMT - Time Source: server- IP address: 167.187.101.175
Document emailed to Heather M. Minner (minner@smwlaw.com) for signature
2020-08-13 - 1:18:53 AM GMT
Email viewed by Heather M. Minner (minner@smwlaw.com)
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Document e-signed by Heather M. Minner (minner@smwlaw.com)
Signature Date: 2020-08-13 - 8:17:08 PM GMT - Time Source: server- IP address: 52.39.49.65
Document emailed to Joanne Magrini (joannema@cupertino.org) for signature
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2020-08-13 - 8:27:50 PM GMT- IP address: 104.47.46.254
Document e-signed by Joanne Magrini (joannema@cupertino.org)
Signature Date: 2020-08-13 - 8:35:23 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
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Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
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Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2020-08-13 - 8:46:12 PM GMT - Time Source: server- IP address: 148.64.105.190
Signed document emailed to Joanne Magrini (joannema@cupertino.org), Heather M. Minner
(minner@smwlaw.com), Kevin Khuu (KevinK@cupertino.org), Kirsten Squarcia (kirstens@cupertino.org), and 3
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2020-08-13 - 8:46:12 PM GMT