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HomeMy WebLinkAbout25-193 Foothill-De Anza Community College_Amendment dated 1-14-2026 for Youth Art Instruction1 FIRST AMENDMENT TO AGREEMENT 25-001 BETWEEN THE CITY OF CUPERTINO AND FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT FOR YOUTH ART INSTRUCTION This First Amendment to Agreement 25-001 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Foothill-De Anza Community College District, a California Community College District (“College”) whose address is 12345 El Monte Rd, Los Altos, CA 94022, and is made with reference to the following: RECITALS: A. On November 13, 2025, Agreement 25-001 (“Agreement”) was entered into by and between City and College for Youth Art Instruction. B. City and College 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. Exhibit B of the Agreement is modified as follows: Waiver of Subrogation College participates in a Joint Power Authority (JPA) which excludes waving their rights to subrogation, specifically for Commercial General Liability and Automobile Liability. Therefore, this requirement is removed from the Agreement. College still waives its right to subrogation against City/Additional Insures for recovery of damages to the extent said losses are covered by the Workers’ Compensation insurance policy required herein. The Workers’ Compensation policy shall allow and be endorsed with a waiver of subrogation in favor of the City for all work performed by College, its employees, agents, volunteers, and subcontractors. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 2. 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. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 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 Senior Assistant City Attorney ATTEST: City Clerk Date FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Base Amount 109,500.00 First Amendment 0.00 - -109,500.00 Jan 14, 2026 Youth Art Instruction Final Audit Report 2026-01-14 Created:2026-01-14 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAHYmoh5yBvlwAW2YC-G9RxcztRYrNPBxA "Youth Art Instruction" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-01-14 - 0:13:50 AM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2026-01-14 - 0:16:54 AM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2026-01-14 - 0:17:02 AM GMT- IP address: 3.83.98.127 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2026-01-14 - 4:26:01 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2026-01-14 - 4:26:03 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2026-01-14 - 4:26:11 PM GMT- IP address: 3.94.100.119 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2026-01-14 - 4:29:47 PM GMT - Time Source: server- IP address: 98.33.114.31 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2026-01-14 - 4:29:49 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2026-01-14 - 4:30:09 PM GMT- IP address: 100.26.53.168 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2026-01-14 - 5:23:23 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2026-01-14 - 5:23:23 PM GMT