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21-251 Amendment #1 dated 8-16-22 SSB EDUCATION LLC for Education and Enrichment1 FIRST AMENDMENT TO AGREEMENT 21-251 BETWEEN THE CITY OF CUPERTINO AND SSB EDUCATION LLC FOR YOUTH EDUCATION AND ENRICHMENT This First 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. On November 16, 2021, Agreement 21-251 (“Agreement”) was entered into by and between City and Contractor for Youth Education and Enrichment. 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 capped so as not to exceed $43,000.00 (“Contract Price”), based upon the Scope of Services, budget, class 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 seven (7) days’ 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 rather 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 $43,000.00. 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 SSB EDUCATION LLC By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Base Amount 2022-311 20,000.00 Amendment 1 23,000.00 - - 43,000.00 1429656.1 L.Mala Utamsing Program Director Aug 16, 2022 Christopher D. Jensen Acting Director of Parks and Recreation Aug 16, 2022 Aug 16, 2022 Youth Education and Enrichment Final Audit Report 2022-08-16 Created:2022-08-15 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAa8FOwQexj8UAytD2ah_QxlmHePGCogk1 "Youth Education and Enrichment" History Document created by City of Cupertino (webmaster@cupertino.org) 2022-08-15 - 11:39:15 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-08-15 - 11:41:44 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-08-16 - 5:56:55 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to sfbayarea@engineeringforkids.net for signature 2022-08-16 - 5:56:58 PM GMT Email viewed by sfbayarea@engineeringforkids.net 2022-08-16 - 6:27:41 PM GMT- IP address: 172.226.212.6 Signer sfbayarea@engineeringforkids.net entered name at signing as L.Mala Utamsing 2022-08-16 - 8:58:10 PM GMT- IP address: 73.202.116.131 Document e-signed by L.Mala Utamsing (sfbayarea@engineeringforkids.net) Signature Date: 2022-08-16 - 8:58:12 PM GMT - Time Source: server- IP address: 73.202.116.131 Document emailed to christopherj@cupertino.org for signature 2022-08-16 - 8:58:14 PM GMT Email viewed by christopherj@cupertino.org 2022-08-16 - 9:29:43 PM GMT- IP address: 104.28.123.109 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2022-08-16 - 9:41:25 PM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-08-16 - 9:41:26 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2022-08-16 - 9:41:28 PM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2022-08-16 - 9:42:43 PM GMT- IP address: 104.47.73.254 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2022-08-16 - 9:44:20 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-08-16 - 9:44:22 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-08-16 - 9:44:34 PM GMT- IP address: 104.47.73.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-08-16 - 9:44:41 PM GMT - Time Source: server- IP address: 69.110.137.176 Agreement completed. 2022-08-16 - 9:44:41 PM GMT