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24-001 Amendment #1 dated 4-3-25 Ginger Tsun Senior Center Instructional Services1 FIRST AMENDMENT TO AGREEMENT 24-001 BETWEEN THE CITY OF CUPERTINO AND GINGER TSUN FOR SENIOR CENTER INSTRUCTIONAL SERVICES This First 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. 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 02/28/2026 (“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 $5,600.00 (“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, 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 The total compensation to the Contractor shall not exceed $5,600.00. 2 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 Interim City Attorney ATTEST: City Clerk Date GINGER TSUN By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Base Amount 2024-439, 2025-138 2,800.00 Amendment 1 2,800.00 - - 5,600.00 Dance Teacher/Career Coach Apr 3, 2025 Director of Parks and Recreation Apr 3, 2025 Apr 3, 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 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 ____________, 2025, at , California. ______________________________ PRINT NAME ______________________________ SIGNATURE 3rd April Cupertino Ginger Chin-Hsius Tsun Senior Center Instructional Services Final Audit Report 2025-04-03 Created:2025-03-26 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAF3ksn_QXbYOAahDkZiF73Xd9mOn-rmBT "Senior Center Instructional Services" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-03-26 - 6:45:16 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-03-26 - 6:46:51 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-03-26 - 6:47:00 PM GMT- IP address: 52.202.236.132 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-03-26 - 7:24:45 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to for signature 2025-03-26 - 7:24:47 PM GMT Email viewed by 2025-03-27 - 1:49:10 PM GMT- IP address: 69.147.91.62 Email viewed by 2025-04-02 - 1:43:40 PM GMT- IP address: 69.147.89.16 Email viewed by 2025-04-03 - 5:44:48 PM GMT- IP address: 69.147.88.202 Signer entered name at signing as Ginger Chin-Hsius Tsun 2025-04-03 - 5:47:03 PM GMT- IP address: 69.110.136.121 Document e-signed by Ginger Chin-Hsius Tsun ( Signature Date: 2025-04-03 - 5:47:05 PM GMT - Time Source: server- IP address: 69.110.136.121 Document emailed to Floy Andrews (floya@cupertino.gov) for signature 2025-04-03 - 5:47:06 PM GMT Email viewed by Floy Andrews (floya@cupertino.gov) 2025-04-03 - 5:47:16 PM GMT- IP address: 3.232.50.116 Document e-signed by Floy Andrews (floya@cupertino.gov) Signature Date: 2025-04-03 - 8:19:47 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2025-04-03 - 8:19:49 PM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2025-04-03 - 8:19:56 PM GMT- IP address: 52.202.236.132 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2025-04-03 - 9:42:02 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-04-03 - 9:42:04 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-04-03 - 9:42:13 PM GMT- IP address: 52.202.236.132 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-04-03 - 10:37:49 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-04-03 - 10:37:49 PM GMT