21-251 Amendment #1 dated 7-20-23 Youth Education and Enrichment1
SECOND AMENDMENT TO AGREEMENT 21-251 BETWEEN
THE CITY OF CUPERTINO AND SSB EDUCATION LLC FOR
YOUTH EDUCATION AND ENRICHMENT
This Second Amendment to Agreement 21-251 between the City of Cupertino and SSB
EDUCATION LLC is by and between the City of Cupertino, a municipal corporation (hereinafter
"City") and SSB EDUCATION LLC, a Corporation (“Contractor”) whose address is 46560
FREMONT BLVD #106, FREMONT, CA 94539, and is made with reference to the following:
RECITALS:
A. The City and Contractor entered into an Agreement for Youth Education and
Enrichment, effective November 16, 2021, Agreement 21-251 (“Original Agreement”) with a
term expiring on June 30, 2023.
B. On August 16, 2022, City and Contractor agreed to the First Amendment for Youth
Education and Enrichment.
C. The Original Agreement and First Amendment are collectively referred to as the
“Agreement” unless otherwise indicated.
D. 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 reinstated by this Second Amendment.
E. 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 06/30/2026 (“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
$135,000.00 (“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
2
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 Compensation for
CONTRACTOR Services:
The total compensation to the Contractor shall not exceed $135,000.00.
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
SSB EDUCATION LLC
By
Title
Date
L Mala Utamsing
Program Director
Jul 19, 2023
Christopher D. Jensen
Director of Parks and Recreation
Jul 20, 2023
Jul 20, 2023
3
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2022-311 20,000.00
Amendment 1 2023-150 23,000.00
Amendment 2 92,000.00
- - 135,000.00
Youth Education and Enrichment
Final Audit Report 2023-07-20
Created:2023-07-17
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAaF_kA3UbJCVa5AyxRuj0xrMR3Qv_CQOS
"Youth Education and Enrichment" History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-07-17 - 6:02:41 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-07-17 - 6:03:50 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-07-17 - 7:15:24 PM GMT - Time Source: server- IP address: 71.204.144.228
Document emailed to sfbayarea@engineeringforkids.net for signature
2023-07-17 - 7:15:26 PM GMT
Email viewed by sfbayarea@engineeringforkids.net
2023-07-17 - 9:05:54 PM GMT- IP address: 104.28.123.112
Signer sfbayarea@engineeringforkids.net entered name at signing as L Mala Utamsing
2023-07-20 - 0:14:42 AM GMT- IP address: 98.210.197.100
Document e-signed by L Mala Utamsing (sfbayarea@engineeringforkids.net)
Signature Date: 2023-07-20 - 0:14:44 AM GMT - Time Source: server- IP address: 98.210.197.100
Document emailed to christopherj@cupertino.org for signature
2023-07-20 - 0:14:45 AM GMT
Email viewed by christopherj@cupertino.org
2023-07-20 - 1:09:04 AM GMT- IP address: 104.47.73.126
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-07-20 - 1:09:19 AM GMT- IP address: 64.165.34.3
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-07-20 - 1:09:21 AM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
2023-07-20 - 1:09:22 AM GMT
Email viewed by Rachelle Sander (rachelles@cupertino.org)
2023-07-20 - 2:45:31 PM GMT- IP address: 104.47.73.126
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2023-07-20 - 2:45:53 PM GMT - Time Source: server- IP address: 76.132.29.198
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2023-07-20 - 2:45:54 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2023-07-20 - 3:51:56 PM GMT- IP address: 104.47.74.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-07-20 - 3:52:04 PM GMT - Time Source: server- IP address: 67.188.176.248
Agreement completed.
2023-07-20 - 3:52:04 PM GMT