20-001 Amendment #1 dated 7-3-23 Joyful Melodies for Music Education1
FIRST AMENDMENT TO AGREEMENT 20-001
BETWEEN THE CITY OF CUPERTINO AND JOYFUL
MELODIES FOR MUSIC EDUCATION
This First Amendment to Agreement 20-001 between the City of Cupertino and JOYFUL
MELODIES is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and
JOYFUL MELODIES, a Corporation (“Contractor”) whose address is 10455 BANDLEY DR SUITE
300, CUPERTINO, CA 95014, and is made with reference to the following:
RECITALS:
A. The City and Contractor entered into an Agreement for Music Education, effective
May 15, 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 restated 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
$120,000.00 (“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, under Compensation for
CONTRACTOR Services:
The total compensation to the Contractor shall not exceed $120,000.00.
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
JOYFUL MELODIES
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2020-552, 2022-103, 2023-90 108,000.00
Amendment 1 12,000.00
- - 120,000.00
Angelia Kan
Operations Manager
Jul 1, 2023
Christopher D. Jensen
Director of Parks and Recreation
Jul 1, 2023
Jul 3, 2023
Music Education
Final Audit Report 2023-07-03
Created:2023-06-30
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAYgcIwDpyeQ_q0IZnUgnek7FlMHrctH5X
"Music Education" History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-06-30 - 9:13:23 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-06-30 - 9:14:48 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-06-30 - 11:36:05 PM GMT - Time Source: server- IP address: 73.170.104.117
Document emailed to for signature
2023-06-30 - 11:36:06 PM GMT
Email viewed by
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Signer com entered name at signing as Angelia Kan
2023-07-01 - 4:33:14 PM GMT- IP address: 73.189.122.117
Document e-signed by Angelia Kan (
Signature Date: 2023-07-01 - 4:33:16 PM GMT - Time Source: server- IP address: 73.189.122.117
Document emailed to christopherj@cupertino.org for signature
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Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-07-01 - 5:30:49 PM GMT- IP address: 174.194.130.221
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-07-01 - 5:30:51 PM GMT - Time Source: server- IP address: 174.194.130.221
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
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Email viewed by Rachelle Sander (rachelles@cupertino.org)
2023-07-01 - 6:25:08 PM GMT- IP address: 104.28.124.96
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2023-07-01 - 6:25:36 PM GMT - Time Source: server- IP address: 174.194.133.90
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2023-07-01 - 6:25:37 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2023-07-01 - 8:15:32 PM GMT- IP address: 104.28.111.135
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-07-03 - 2:38:02 PM GMT - Time Source: server- IP address: 104.28.124.178
Agreement completed.
2023-07-03 - 2:38:02 PM GMT