18-001 Amendment #1 dated 7-3-23 Deborah Hall for Beading Instruction1
FIRST AMENDMENT TO AGREEMENT 18-001 BETWEEN THE
CITY OF CUPERTINO AND DEBORAH KAY HALL FOR
BEADING INSTRUCTION
This First Amendment to Agreement 18-001 between the City of Cupertino and DEBORAH
KAY HALL is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and
DEBORAH KAY HALL, a Sole Proprietorship/Individual (“Contractor”) whose address is 5250
CENTRAL AVENUE, FREMONT, CA 94536, and is made with reference to the following:
RECITALS:
A. On July 01, 2018, Agreement 18-001 (“Agreement”) was entered into by and between
City and Contractor for Beading Instruction.
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 the undersigned parties as
follows:
1. Paragraph 3 of the Agreement is modified to read as follows:
Term. This contract begins on the Effective Date and ends on 06/30/2024 (“Contract
Time”), unless extended or terminated as provided herein. Time is of the essence and
Contractor must have sufficient time, resources, and qualified staff to deliver the Services
as required. Contractor must promptly notify City of any actual or potential delays to afford
the Parties adequate opportunity to address or mitigate such delays. 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.
2. Paragraph 4 of the Agreement is modified to read as follows:
Compensation. City will pay Contractor for satisfactory performance of the Services an
amount that will be based upon actual costs but that will be capped so as not to exceed
$59,500.00 (“Contract Price”), based upon the Scope of Services, budget, performance
schedule, and rates included in Exhibit A. The maximum compensation includes all costs,
expenses, and reimbursements and will remain in place even if Contractor’s actual costs
exceed the capped amount. Contractor must submit invoices and the information required
in Exhibit A in order to receive payment. City will compensate Contractor within thirty (30)
days after approval of written invoices.
Invoices are subject to review and audit by City during regular business hours upon 24
hours’ notice. Contractor must maintain complete and accurate records of payrolls,
expenditures, disbursements and other cost items charged to City or establishing the basis
for an invoice, for a minimum of four (4) years from the date of the final payment.
3. Exhibit A of the Agreement is modified as follows, under the following sections:
Location and Time of CONTRACTOR Services:
Refer to the City’s publications for agreed upon dates, times, and locations for a class,
camp, activity, program, or service (“Class”). The City, at its sole discretion, may change
the agreed dates, times and locations of a class, or may cancel a class.
2
Compensation for CONTRACTOR Services:
Contractor shall be compensated for services performed pursuant to this Agreement.
For a class taught in person, eighty percent (80%) of the member rates, based on final class
roster. Consultant shall provide all teaching supplies such as, but not limited to, dry erase
markers, erasers, and handouts.
The total compensation to the Contractor shall not exceed $59,500.00.
4. 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.
CITY OF CUPERTINO
By
Title
Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
DEBORAH KAY HALL
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 59,500.00
Amendment 1 0.00
- - 59,500.00
1429656.1
Deborah Hall
Teacher
Jul 3, 2023
Christopher D. Jensen
Director of Parks and Recreation
Jul 3, 2023
Jul 3, 2023
Updated 06/23/21
EXHIBIT C
AFFIDAVIT OF NO EMPLOYEES
State of California
County of Santa Clara
City of Cupertino
I, the undersigned, declare as follows:
I am an independent contractor and the owner of DEBORAH KAY HALL.
I wish to enter into a services contract with the City of Cupertino. I am fully aware of the
provisions of section 3700 of the California Labor Code, which requires every employer to
provide Workers' Compensation coverage for employees in accordance with the provisions
of that Code. I am also aware that I must provide proof of workers’ compensation insurance
to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the
City of Cupertino’s contract.
I hereby certify that I do not have any employees nor will I have any employees working for
me or my business during the term of any service contract with the City of Cupertino. I am
not required to have Workers’ Compensation insurance.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed on this ____day of ____________, 2023, at , California.
______________________________
PRINT NAME
______________________________
SIGNATURE
Deborah Hall
1 July Fremont
Deborah Hall
Beading Instruction
Final Audit Report 2023-07-03
Created:2023-06-28
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAQhEhuWG2qeac-rz4QofKDnMKpvveEoaZ
"Beading Instruction" History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-06-28 - 8:57:22 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-06-28 - 8:58:44 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-06-28 - 10:23:02 PM GMT - Time Source: server- IP address: 73.170.104.117
Document emailed to com for signature
2023-06-28 - 10:23:05 PM GMT
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Signer entered name at signing as Deborah Hall
2023-07-03 - 3:01:06 PM GMT- IP address: 71.202.99.127
Document e-signed by Deborah Hall (debsporch5@yahoo.com)
Signature Date: 2023-07-03 - 3:01:08 PM GMT - Time Source: server- IP address: 71.202.99.127
Document emailed to christopherj@cupertino.org for signature
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Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
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Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-07-03 - 3:01:51 PM GMT - Time Source: server- IP address: 136.24.22.194
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
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Email viewed by Rachelle Sander (rachelles@cupertino.org)
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Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2023-07-03 - 3:03:08 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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Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-07-03 - 5:16:21 PM GMT - Time Source: server- IP address: 162.245.20.145
Agreement completed.
2023-07-03 - 5:16:21 PM GMT