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21-001 Amendment #1 dated 7-28-22 Codelinked for Teaching and Tutoring Services1 FIRST AMENDMENT TO AGREEMENT 21-001 BETWEEN THE CITY OF CUPERTINO AND CODELINKD, LLC FOR TEACHING AND TUTORING SERVICES This First Amendment to Agreement 21-001 between the City of Cupertino and CODELINKD, LLC is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and CODELINKD, LLC, a Limited Liability Company (“Contractor”) whose address is and is made with reference to the following: RECITALS: A. On January 04, 2021, Agreement 21-001 (“Agreement”) was entered into by and between City and Contractor for Teaching and Tutoring 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 4 of the Agreement is modified to read as follows: 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 $105,800.00 (“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 requirement 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, and 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: Compensation for CONTRACTOR Services: Contractor shall be compensated for services performed pursuant to this Agreement. For a class taught in person, 60% of resident fee per participant, based on final roster. For a virtual program, 70% of resident fee per participant, based on final roster. City and Contractor may mutually agree for Contractor to teach a class online ra ther than in person, provided that City and Contractor reach agreement for compensation for that online class. Compensation for that online class shall be specified in writing in a separate side agreement before online instruction for a class begins. The total compensation to the Contractor shall not exceed $105,800.00. 2 3. 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 CODELINKD, LLC By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Base Amount 2021-278, 2022-99 13,000.00 Amendment 1 92,800.00 - - 105,800.00 1429656.1 Karthik Ramalingam CEO & Founder Jul 28, 2022 Christopher D. Jensen Acting Director of Parks and Recreation Jul 28, 2022 Jul 28, 2022 Teaching and Tutoring Services Final Audit Report 2022-07-28 Created:2022-07-27 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAABO4voDPpj_22BTvO_CPcshe7m8eUaWZf "Teaching and Tutoring Services" History Document created by City of Cupertino (webmaster@cupertino.org) 2022-07-27 - 4:44:55 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-07-27 - 4:47:38 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-07-27 - 6:13:17 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to for signature 2022-07-27 - 6:13:20 PM GMT Email viewed by 2022-07-27 - 6:13:25 PM GMT- IP address: 66.249.84.245 Signer com entered name at signing as Karthik Ramalingam 2022-07-28 - 5:05:46 PM GMT- IP address: 204.88.157.18 Document e-signed by Karthik Ramalingam ( Signature Date: 2022-07-28 - 5:05:47 PM GMT - Time Source: server- IP address: 204.88.157.18 Document emailed to christopherj@cupertino.org for signature 2022-07-28 - 5:05:51 PM GMT Email viewed by christopherj@cupertino.org 2022-07-28 - 6:13:36 PM GMT- IP address: 104.47.73.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2022-07-28 - 6:13:50 PM GMT- IP address: 136.24.42.212 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-07-28 - 6:13:52 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2022-07-28 - 6:13:54 PM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2022-07-28 - 6:14:26 PM GMT- IP address: 104.47.73.254 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2022-07-28 - 6:15:38 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-07-28 - 6:15:41 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-07-28 - 6:15:51 PM GMT- IP address: 172.225.89.59 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-07-28 - 6:56:43 PM GMT - Time Source: server- IP address: 162.245.20.145 Agreement completed. 2022-07-28 - 6:56:43 PM GMT