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22-001 Growing IQ_ Amendment #2 dated 5-27-25 for Educational Services1 SECOND AMENDMENT TO AGREEMENT 22-001 BETWEEN THE CITY OF CUPERTINO AND GROWING IQ - CALIFORNIA FOR EDUCATIONAL SERVICES This Second Amendment to Agreement 22-001 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Growing IQ - California, a Corporation (“Contractor”) whose address is 750 Sunnyvale Saratoga Road, Sunnyvale, CA 94087, and is made with reference to the following: RECITALS: A. On September 14, 2022, Agreement 22-001 (“Agreement”) was entered into by and between City and Contractor for Educational Services. B. On June 29, 2023, City and Contractor entered into a First Amendment for Educational 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 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 $36,000.00 (“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 $36,000.00. 3. Exhibit B of the Agreement is replaced with a new Exhibit B-1 attached hereto. 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. 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 GROWING IQ - CALIFORNIA By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Base Amount 2023-202, 2024-91, 2025-89 6,000.00 Amendment 1 7,000.00 Amendment 2 23,000.00 - - 36,000.00 Eric Ding May 27, 2025 Director May 27, 2025 Director of Parks and Recreation May 27, 2025 Educational Services Final Audit Report 2025-05-27 Created:2025-05-23 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA6Aq6PeMXabQKLFPHXWszoDToVYQ2ySNr "Educational Services" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-05-23 - 2:44:04 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-05-23 - 2:51:39 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-05-23 - 2:51:50 PM GMT- IP address: 52.1.140.55 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-05-27 - 4:24:47 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to melissa@growingiq.com for signature 2025-05-27 - 4:24:51 PM GMT Webmaster Admin (webmaster@cupertino.org) added alternate signer ding@growingiq.com. The original signer melissa@growingiq.com can still sign. 2025-05-27 - 6:17:48 PM GMT- IP address: 64.165.34.3 Document emailed to ding@growingiq.com for signature 2025-05-27 - 6:17:49 PM GMT Email viewed by ding@growingiq.com 2025-05-27 - 7:23:15 PM GMT- IP address: 172.56.42.18 Signer ding@growingiq.com entered name at signing as Eric Ding 2025-05-27 - 7:25:04 PM GMT- IP address: 172.56.42.18 Document e-signed by Eric Ding (ding@growingiq.com) Signature Date: 2025-05-27 - 7:25:08 PM GMT - Time Source: server- IP address: 172.56.42.18 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2025-05-27 - 7:25:11 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2025-05-27 - 7:25:18 PM GMT- IP address: 52.1.140.55 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2025-05-27 - 7:32:19 PM GMT - Time Source: server- IP address: 73.170.186.236 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2025-05-27 - 7:32:24 PM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2025-05-27 - 7:32:29 PM GMT- IP address: 52.1.140.55 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2025-05-27 - 7:40:34 PM GMT - Time Source: server- IP address: 98.51.212.207 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-05-27 - 7:40:38 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-05-27 - 7:40:46 PM GMT- IP address: 52.1.140.55 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-05-27 - 8:32:52 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-05-27 - 8:32:52 PM GMT