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20-001 Amendment #1 dated 9-6-23 Mami Weber for Adult Art Classes1 FIRST AMENDMENT TO AGREEMENT 20-001 BETWEEN THE CITY OF CUPERTINO AND MAMI WEBER FOR ADULT ART CLASSES This First Amendment to Agreement 20-001 between the City of Cupertino and Mami Weber is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Mami Weber, a Sole Proprietor (“Contractor”) whose address is 1910 Noel Drive, Los Altos, CA 94024, and is made with reference to the following: RECITALS: A. The City and Contractor entered into an Agreement for Adult Art Classes, effective June 30, 2020, Agreement 20-001 (“Original Agreement”) with a term expiring on June 30, 2023. B. City and Contractor desire to continue Contractor’s services to the City under the Agreement, and hereby affirm their intent that it remains in full force and effect as amended and reinstated by this First Amendment. 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 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 06/30/2025 (“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 $32,000.00 (“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. 2 3. Exhibit A of the Agreement is modified as follows: The CONTRACTOR will provide ADULT ART CLASSES in, but not limited to, the following: Art classes, camps, and workshops Compensation for CONTRACTOR Services: The total compensation to the Contractor shall not exceed $32,000.00. 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 MAMI WEBER By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Base Amount 18,000.00 Amendment 1 14,000.00 - - 32,000.00 Mami Weber Watercolor teacher Sep 6, 2023 Christopher D. Jensen Director of Parks and Recreation Sep 6, 2023 Sep 6, 2023 Adult Art Classes Final Audit Report 2023-09-06 Created:2023-09-05 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAIBBv38-qOmT6SzzjJVmfUfJcJ1RqhG6P "Adult Art Classes" History Document created by City of Cupertino (webmaster@cupertino.org) 2023-09-05 - 6:24:21 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2023-09-05 - 6:25:45 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2023-09-05 - 6:29:12 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to for signature 2023-09-05 - 6:29:13 PM GMT Email viewed by 2023-09-06 - 6:23:25 AM GMT- IP address: 104.28.123.94 Signer entered name at signing as Mami Weber 2023-09-06 - 10:05:28 PM GMT- IP address: 108.65.78.34 Document e-signed by Mami Weber ( Signature Date: 2023-09-06 - 10:05:30 PM GMT - Time Source: server- IP address: 108.65.78.34 Document emailed to christopherj@cupertino.org for signature 2023-09-06 - 10:05:31 PM GMT Email viewed by christopherj@cupertino.org 2023-09-06 - 10:54:11 PM GMT- IP address: 104.47.74.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2023-09-06 - 10:54:26 PM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2023-09-06 - 10:54:28 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2023-09-06 - 10:54:29 PM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2023-09-06 - 10:59:04 PM GMT- IP address: 172.226.36.12 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2023-09-06 - 11:52:49 PM GMT - Time Source: server- IP address: 73.222.116.184 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2023-09-06 - 11:52:50 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-09-06 - 11:53:03 PM GMT- IP address: 104.28.123.101 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2023-09-06 - 11:55:47 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2023-09-06 - 11:55:47 PM GMT