22-011 Amendment #2 dated 9-27-23 Dance Force for Youth Dance Instruction1
SECOND AMENDMENT TO AGREEMENT 22-011 BETWEEN
THE CITY OF CUPERTINO AND DANCE FORCE LLC FOR
YOUTH DANCE INSTRUCTION
This Second Amendment to Agreement 22-011 between the City of Cupertino and DANCE
FORCE LLC is by and between the City of Cupertino, a municipal corporation (hereinafter "City")
and DANCE FORCE LLC, a Corporation (“Contractor”) whose address is 4896 WELLINGTON
PARK DRIVE, SAN JOSE, CA 95136, and is made with reference to the following:
RECITALS:
A. On January 25, 2022, Agreement 22-011 (“Original Agreement”) was entered into by
and between City and Contractor for Youth Dance Instruction.
B. On June 22, 2023, City and Contractor agreed to the First Amendment for Youth
Dance Instruction.
C. The Original Agreement and 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 the undersigned parties as
follows:
1. 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 $28,000.00
(“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. Exhibit A of the Agreement is modified as follows, under Compensation for
CONTRACTOR Services:
The total compensation to the Contractor shall not exceed $28,000.00.
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.
2
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
DANCE FORCE LLC
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2022-384, 2023-114 12,500.00
Amendment 1 2024-73 2,500.00
Amendment 2 13,000.00
- - 28,000.00
1429656.1
Kwelch
CEO/ Owner
Sep 26, 2023
Christopher D. Jensen
Director of Parks and Recreation
Sep 27, 2023
Sep 27, 2023
Youth Dance Instruction
Final Audit Report 2023-09-27
Created:2023-09-20
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAptyE0ajqKk5cowhclTcmAclGONwQ8jSL
"Youth Dance Instruction" History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-09-20 - 9:39:53 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-09-20 - 9:40:47 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-09-20 - 11:32:20 PM GMT - Time Source: server- IP address: 71.204.144.228
Document emailed to danceforcekids@gmail.com for signature
2023-09-20 - 11:32:22 PM GMT
City of Cupertino (webmaster@cupertino.org) added alternate signer Rachelle Sander
(rachelles@cupertino.org). The original signer Sonya Lee (sonyal@cupertino.org) can still sign.
2023-09-26 - 10:19:58 PM GMT- IP address: 64.165.34.3
Email viewed by danceforcekids@gmail.com
2023-09-27 - 2:02:02 AM GMT- IP address: 66.249.84.229
Signer danceforcekids@gmail.com entered name at signing as Kwelch
2023-09-27 - 2:02:42 AM GMT- IP address: 76.103.36.162
Document e-signed by Kwelch (danceforcekids@gmail.com)
Signature Date: 2023-09-27 - 2:02:44 AM GMT - Time Source: server- IP address: 76.103.36.162
Document emailed to christopherj@cupertino.org for signature
2023-09-27 - 2:02:46 AM GMT
Email viewed by christopherj@cupertino.org
2023-09-27 - 2:22:57 AM GMT- IP address: 174.236.102.171
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-09-27 - 2:23:18 AM GMT- IP address: 174.236.102.171
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-09-27 - 2:23:20 AM GMT - Time Source: server- IP address: 174.236.102.171
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
2023-09-27 - 2:23:21 AM GMT
Document emailed to Sonya Lee (sonyal@cupertino.org) for signature
2023-09-27 - 2:23:21 AM GMT
Email viewed by Rachelle Sander (rachelles@cupertino.org)
2023-09-27 - 2:54:25 PM GMT- IP address: 104.47.73.126
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2023-09-27 - 2:54:45 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2023-09-27 - 2:54:45 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2023-09-27 - 3:22:41 PM GMT- IP address: 104.28.123.113
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-09-27 - 3:22:53 PM GMT - Time Source: server- IP address: 104.28.123.172
Agreement completed.
2023-09-27 - 3:22:53 PM GMT