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22-001 Amendment #1 dated 9-26-23 Jahara Pagidipaala for Fitness Instruction1 FIRST AMENDMENT TO AGREEMENT 22-001 BETWEEN THE CITY OF CUPERTINO AND JAHARA PAGADIPAALA FOR FITNESS INSTRUCTION This First Amendment to Agreement 22-001 between the City of Cupertino and JAHARA PAGADIPAALA is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and JAHARA PAGADIPAALA, a Sole Proprietorship/Individual (“Contractor”) whose address is and is made with reference to the following: RECITALS: A. On September 28, 2022, Agreement 22-001 (“Agreement”) was entered into by and between City and Contractor for Fitness Instruction. 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 2 of the Agreement is modified to read as follows: Services. Contractor agrees to provide the Services included in the Scope of Work and in accordance with the Schedule of Performance attached in Exhibit A. Contractor also agrees to provide the added Services and Scope of Work as described in Exhibit A-1. 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 $6,000.00 (“Contract Price”), based upon the Scope of Services, budget, performance schedule, and rates included in Exhibit A and Exhibit A-1. 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 and Exhibit A-1 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-1 is added to the Agreement 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. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 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 City Attorney ATTEST: City Clerk Date JAHARA PAGADIPAALA By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Base Amount 2023-216,2023-217 6,000.00 Amendment 1 0.00 - - 6,000.00 Yoga Intsructor Sep 26, 2023 Christopher D. Jensen Director of Parks and Recreation Sep 26, 2023 Sep 26, 2023 Updated 06/23/21 EXHIBIT A-1 ADDED SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES The CONTRACTOR will also provide Fitness Instruction in, but not limited to, the following: One-hour program of breathing and stretching exercises for the City of Cupertino 2023 Wellness and Benefits Fair. Location and Time of CONTRACTOR Services: Thursday, September 28, 2023, from 11:15 a.m. to 12:15 p.m. at the Quinlan Community Center, Cupertino Room, at 10185 North Stelling Road, Cupertino, CA 95014. Compensation for CONTRACTOR Services: Contractor shall be compensated for services performed pursuant to this Agreement. For the added scope of work, City and Contractor have agreed to the following: September 28, 2023 Health Fair ($70/hour). Fitness Instruction Final Audit Report 2023-09-26 Created:2023-09-20 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAzfFSqsRqAxjogd5n_hJIy_aasYs09TP2 "Fitness Instruction" History Document created by City of Cupertino (webmaster@cupertino.org) 2023-09-20 - 9:42:11 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2023-09-20 - 9:44:29 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2023-09-20 - 11:30:20 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to for signature 2023-09-20 - 11:30:22 PM GMT Email viewed by 2023-09-20 - 11:30:30 PM GMT- IP address: 66.249.84.225 Signer entered name at signing as Jahara Pagadipaala 2023-09-26 - 9:48:00 PM GMT- IP address: 76.132.29.101 Document e-signed by Jahara Pagadipaala ( Signature Date: 2023-09-26 - 9:48:02 PM GMT - Time Source: server- IP address: 76.132.29.101 Document emailed to christopherj@cupertino.org for signature 2023-09-26 - 9:48:04 PM GMT Email viewed by christopherj@cupertino.org 2023-09-26 - 9:48:21 PM GMT- IP address: 104.47.73.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2023-09-26 - 9:49:07 PM GMT- IP address: 47.144.235.206 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2023-09-26 - 9:49:09 PM GMT - Time Source: server- IP address: 47.144.235.206 Document emailed to Sonya Lee (sonyal@cupertino.org) for signature 2023-09-26 - 9:49:11 PM GMT Email viewed by Sonya Lee (sonyal@cupertino.org) 2023-09-26 - 10:08:39 PM GMT- IP address: 104.47.74.126 City of Cupertino (webmaster@cupertino.org) added alternate signer Rachelle Sander (rachelles@cupertino.org). The original signer Sonya Lee (sonyal@cupertino.org) can still sign. 2023-09-26 - 10:13:46 PM GMT- IP address: 64.165.34.3 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2023-09-26 - 10:13:46 PM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2023-09-26 - 10:34:15 PM GMT- IP address: 104.47.73.254 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2023-09-26 - 10:34:37 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2023-09-26 - 10:34:38 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-09-26 - 10:34:58 PM GMT- IP address: 104.47.73.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2023-09-26 - 10:43:52 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2023-09-26 - 10:43:52 PM GMT