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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 Email viewed by 2023-06-29 - 4:02:43 AM GMT- IP address: 172.225.88.165 Email viewed by 2023-07-03 - 2:59:30 PM GMT- IP address: 69.147.89.136 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 2023-07-03 - 3:01:10 PM GMT Email viewed by christopherj@cupertino.org 2023-07-03 - 3:01:35 PM GMT- IP address: 104.47.73.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2023-07-03 - 3:01:49 PM GMT- IP address: 136.24.22.194 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 2023-07-03 - 3:01:53 PM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2023-07-03 - 3:02:35 PM GMT- IP address: 104.47.74.126 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 2023-07-03 - 3:03:10 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-07-03 - 4:15:47 PM GMT- IP address: 104.28.124.108 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