22-001 Amendment #3 dated 3-6-24 Jahara Pagadipaala for Fitness Instruction1
THIRD AMENDMENT TO AGREEMENT 22-001
BETWEEN THE CITY OF CUPERTINO AND JAHARA
PAGADIPAALA FOR FITNESS INSTRUCTION
This Third 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. On September 26, 2023, City and Contractor agreed to the First Amendment for
Fitness Instruction.
C. On January 17, 2024, City and Contractor agreed to the Second Amendment for
Fitness Instruction.
D. The Agreement, First Amendment, and Second Amendment are collectively referred
to as the “Agreement” unless otherwise indicated.
E. 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
$13,000.00 (“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.
2. Exhibit A of the Agreement is modified as follows, under the following section(s):
The CONTRACTOR will provide Fitness Instruction in, but not limited to, the
following:
Yoga, Vinyasa Yoga, Chair Yoga
Compensation for CONTRACTOR Services:
2
For a class taught in person at the Sports Center or Quinlan Community Center, $40/hour.
Compensation shall not exceed $9,000 for these services.
For a class taught in person at the Senior Center, seventy percent (70%) of revenue
generated from the member rate per participant, plus seventy percent (70%) of revenue
from drop-in passes. Compensation shall not exceed $4,000 for these services.
The total compensation to the Contractor shall not exceed $13,000.00.
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
JAHARA PAGADIPAALA
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2023-216,2023-217 6,000.00
Amendment 1 0.00
Amendment 2 5,000.00
Amendment 3 2,000.00
- - 13,000.00
Fitness Instructor
Mar 6, 2024
Christopher D. Jensen
Director of Parks and Recreation
Mar 6, 2024
Mar 6, 2024
Fitness Instruction
Final Audit Report 2024-03-06
Created:2024-03-04
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA2M3vajUkmeb9opu9IfvIoMmv5CKhfZWi
"Fitness Instruction" History
Document created by Webmaster Admin (webmaster@cupertino.org)
2024-03-04 - 5:49:57 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2024-03-04 - 5:51:54 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2024-03-04 - 7:53:21 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to for signature
2024-03-04 - 7:53:22 PM GMT
Email viewed by
2024-03-04 - 7:53:29 PM GMT- IP address: 74.125.209.35
Signer entered name at signing as Jahara Pagadipaala
2024-03-06 - 6:36:42 PM GMT- IP address: 24.4.240.128
Document e-signed by Jahara Pagadipaala (
Signature Date: 2024-03-06 - 6:36:44 PM GMT - Time Source: server- IP address: 24.4.240.128
Document emailed to christopherj@cupertino.org for signature
2024-03-06 - 6:36:45 PM GMT
Email viewed by christopherj@cupertino.org
2024-03-06 - 6:46:09 PM GMT- IP address: 104.47.74.126
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2024-03-06 - 6:46:23 PM GMT- IP address: 64.165.34.3
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-03-06 - 6:46:25 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
2024-03-06 - 6:46:26 PM GMT
Email viewed by Rachelle Sander (rachelles@cupertino.org)
2024-03-06 - 6:47:15 PM GMT- IP address: 104.47.73.254
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2024-03-06 - 6:48:01 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2024-03-06 - 6:48:03 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2024-03-06 - 6:59:58 PM GMT- IP address: 104.47.73.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2024-03-06 - 7:00:07 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2024-03-06 - 7:00:07 PM GMT