20-094 Amendment #2 09-18-201
SECOND 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 Second 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. On 8/13/2020, City and Contractor agreed to the First Amendment for the
Senior Meal Delivery Program.
C. The Agreement and the First Amendment are collectively referred to as the
“Agreement” unless otherwise indicated.
D. 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 A3.
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 December 23, 2020
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(“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services
shall begin on July 22, 2020 and shall be completed by December 23, 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 B3.
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 $14,214.69 (“Contract Price”), based upon the scope of
services in Exhibit A3 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 A2 and B2 of the Agreement are replaced with new Exhibit A3 and B3
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.
SIGNATURES CONTINUE ON THE NEXT PAGE
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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
ATTEST:
______
City Clerk
Date________________________________
Peggy Chen
Director of Finance
Sep 17, 2020
Heather M. Minner
Joanne Magrini
Sep 18, 2020
Director of Parks and Recreation
Sep 18, 2020
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EXPENDITURE DISTRIBUTION
PO #2021-119 100-62-608 700-702
Original $2,825.28
Amendment #1: $3,178.44
Amendment #2: $8,210.97
Total: $14,214.69
1274897.1
EXHIBIT A3
SCOPE OF WORK
The Contractor agrees to the following:
- To cook and provide approximately 31 meals per day (approximately 62 per week, excluding
Labor Day and Veterans 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 B3
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
December 23, 2020. There will be no service on Monday, September 7, 2020 due to the Labor Day
holiday and Wednesday, November 11, 2020 due to the Veterans Day holiday.