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HomeMy WebLinkAbout24-001 Ginger Tsun_Amendment #2 dated 2-24-26 for Senior Center Instructional Services1 SECOND AMENDMENT TO AGREEMENT 24-001 BETWEEN THE CITY OF CUPERTINO AND GINGER TSUN FOR SENIOR CENTER INSTRUCTIONAL SERVICES This Second Amendment to Agreement 24-001 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Ginger Tsun, a Sole Proprietorship/Individual (“Contractor”) whose address is and is made with reference to the following: RECITALS: A. On May 07, 2024, Agreement 24-001 (“Agreement”) was entered into by and between City and Contractor for Senior Center Instructional Services. B. On April 03, 2025, City and Contractor entered into a First Amendment for Senior Center Instructional Services. 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 3 of the Agreement is modified to read as follows: Term. This contract begins on the Effective Date and ends on 02/28/2027 (“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 $8,600.00 (“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, 2 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 section (s): Compensation for CONTRACTOR Services For a class taught in person, starting from the March/April 2026 session, $500 per session. The total compensation to the Contractor shall not exceed $8,600.00. 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: Acting City Clerk Date GINGER TSUN By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Base Amount 2024-439, 2025-138, 2026-52 2,800.00 Amendment 1 2,800.00 Amendment 2 3,000.00 - - 8,600.00 Feb 24, 2026 Self Emplyeed Rachelle Sander Feb 24, 2026 Director of Parks and Recreation Lauren Sapudar Feb 24, 2026 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 Ginger Tsun. 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 ____________, 2026, at , California. ______________________________ PRINT NAME ______________________________ SIGNATURE Ginger Chin-hsiu Tsun CupertinoFeb24 Senior Center Instructional Services Final Audit Report 2026-02-24 Created:2026-02-18 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAjW4VJf2H1xk5FVi-xjC3AdmjxJwy1Cc8 "Senior Center Instructional Services" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-02-18 - 6:26:52 PM GMT- IP address: 35.229.54.2 Document emailed to aracelia@cupertino.org for approval 2026-02-18 - 6:30:53 PM GMT Email viewed by aracelia@cupertino.org 2026-02-18 - 6:31:05 PM GMT- IP address: 35.175.212.8 Document approval delegated to Araceli Alejandre (AraceliA@cupertino.gov) by aracelia@cupertino.org 2026-02-18 - 7:10:42 PM GMT- IP address: 71.202.76.156 Document approved by Araceli Alejandre (AraceliA@cupertino.gov) Approval Date: 2026-02-18 - 7:13:00 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to for signature 2026-02-18 - 7:13:01 PM GMT Email viewed by 2026-02-24 - 7:48:11 PM GMT- IP address: 69.147.89.13 Signer entered name at signing as Ginger Chin-hsiu Tsun 2026-02-24 - 7:50:41 PM GMT- IP address: 69.110.136.121 Document e-signed by Ginger Chin-hsiu Tsun ( Signature Date: 2026-02-24 - 7:50:43 PM GMT - Time Source: server- IP address: 69.110.136.121 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2026-02-24 - 7:50:46 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2026-02-24 - 7:50:54 PM GMT- IP address: 44.192.44.147 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2026-02-24 - 8:41:36 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to rachelles@cupertino.org for signature 2026-02-24 - 8:41:38 PM GMT Email viewed by rachelles@cupertino.org 2026-02-24 - 8:41:54 PM GMT- IP address: 54.209.118.145 Signer rachelles@cupertino.org entered name at signing as Rachelle Sander 2026-02-24 - 8:43:43 PM GMT- IP address: 64.165.34.3 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2026-02-24 - 8:43:45 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Lauren Sapudar (laurens@cupertino.org) for signature 2026-02-24 - 8:43:47 PM GMT Email viewed by Lauren Sapudar (laurens@cupertino.org) 2026-02-24 - 8:43:57 PM GMT- IP address: 98.81.223.159 Document e-signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-02-24 - 10:14:42 PM GMT - Time Source: server- IP address: 69.149.42.28 Agreement completed. 2026-02-24 - 10:14:42 PM GMT