23-001 Jenny Tsai Amendment #2 dated 4-24-25 for Line Dance Instruction1
SECOND AMENDMENT TO AGREEMENT 23-001
BETWEEN THE CITY OF CUPERTINO AND JENNY
TSAI FOR DANCE INSTRUCTION
This Second Amendment to Agreement 23-001 is by and between the City of Cupertino, a
municipal corporation (hereinafter "City") and Jenny Tsai, a Sole Proprietorship/Individual
(“Contractor”) whose address is and is made with
reference to the following:
RECITALS:
A. On January 30, 2023, Agreement 23-001 (“Agreement”) was entered into by and
between City and Contractor for Dance Instruction.
B. On June 19, 2024, City and Contractor agreed to the First Amendment for Dance
Instruction.
C. The 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
$45,000.00 (“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 the following section(s):
Compensation for CONTRACTOR Services
The total compensation to the Contractor shall not exceed $45,000.00.
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
Interim City Attorney
ATTEST:
City Clerk
Date
JENNY TSAI
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2023-348, 2024-75, 2025-111 20,000.00
Amendment 1 16,000.00
Amendment 2 9,000.00
- - 45,000.00
Apr 20, 2025
Fitness Instructor
Apr 23, 2025
Director of Parks and Recreation
Apr 24, 2025
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 Jenny Tsai.
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 ____________, 2025, at , California.
______________________________
PRINT NAME
______________________________
SIGNATURE
Jenny Tsai
CupertinoApril20th
Line Dance Instruction
Final Audit Report 2025-04-24
Created:2025-04-17
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAANA448AA-2Jo2_PgiRTwZeqSAWDwzAYqn
"Line Dance Instruction" History
Document created by Webmaster Admin (webmaster@cupertino.org)
2025-04-17 - 2:37:35 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
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Signer entered name at signing as Jenny Tsai
2025-04-21 - 5:06:23 AM GMT- IP address: 24.4.247.208
Document e-signed by Jenny Tsai (
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Document e-signed by Floy Andrews (floya@cupertino.gov)
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Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2025-04-24 - 8:29:45 PM GMT - Time Source: server- IP address: 73.241.178.249
Agreement completed.
2025-04-24 - 8:29:45 PM GMT