23-138 Amendment #2 dated 5-14-24 Craig Whittom Consulting Vallco - Real Estate Project Management Support1
SECOND AMENDMENT TO AGREEMENT 820
BETWEEN THE CITY OF CUPERTINO AND CRAIG
WHITTOM CONSULTING FOR VALLCO - REAL
ESTATE PROJECT MANAGEMENT SUPPORT
This Second Amendment to Agreement 820 between the City of Cupertino, a municipal
corporation (hereinafter “City”) and Craig Whittom Consulting, a Sole Proprietorship, (“Contractor”)
whose address is 4053 Valente Court, Lafayette, CA 94549 and is made with reference to the
following:
RECITALS:
A. On December 19, 2023, Agreement 820 (“Agreement”) was entered into by and
between City and Contractor for Vallco – Real Estate Project Management Support.
B. On March 20, 2024, the City and Contractor entered into a First Amended Agreement
for Vallco – Real Estate Project Management Support (“First Amended Agreement”).
C. The Original Agreement and First Amended Agreement 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 and undersigned parties as
follows:
1. Paragraph 4.1 of the Agreement is modified to read as follows:
Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services an amount that will be based on actual costs but that will be capped so as not to
exceed $75,000.00 (“Contract Price”), based upon the scope of services in Exhibit A and the
budget and rates included in Exhibit C-2. The maximum compensation includes all expenses
and reimbursements and will remain in place even if Contractor’s actual costs exceed the
capped amount. No extra work or payment is permitted without prior written approval of City.
Exhibit C-1 to the Agreement is replaced with Exhibit C-2, attached hereto.
2. 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
EXPENDITURE DISTRIBUTION
Agreement Cost
Original $16,000
1st Amendment $15,000
2nd Amendment $44,000
Total $75,000
CRAIG WHITTOM CONSULTING
By
Title
Date
Craig Whittom
Owner
05/14/2024
Christopher D. Jensen
City Manager
05/14/2024
05/14/2024
EXHIBIT C-2
Exhibit C-2 – COST SUMMARY
Real Estate Project Management Support
Costs for Real Estate Project Management Support as described in
Exhibit A are not to exceed $75,000 for services rendered during 2023
and 2024. The compensation is broken down as follows:
Original Agreement (Effective December 2023)
- Not to Exceed $16,000.00
First Amended Agreement (Effective March 2024)
- Not to Exceed $15,000.00
Second Amended Agreement (Effective May 2024)
- Not to Exceed $44,000.00
Project Costs:
- Project costs will be billed at $200.00 per hour through December 31,
2023.
- Project costs will be billed at $210.00 per hour from January 1, 2024,
through December 31, 2024.
- Billings to include reimbursable mileage from Lafayette, CA for all on-
site meetings.
- Detailed invoices shall be submitted monthly.
Vallco - Real Estate Project Management
Support - 2nd Amendment Agreement
Final Audit Report 2024-05-15
Created:2024-05-14
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAACdXZHs6OEQDii9Evb6OcuZQpDtL9FDRI
"Vallco - Real Estate Project Management Support - 2nd Amend
ment Agreement" History
Document created by Webmaster Admin (webmaster@cupertino.org)
2024-05-14 - 2:44:44 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2024-05-14 - 4:11:43 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2024-05-14 - 4:22:10 PM GMT - Time Source: server- IP address: 71.204.144.228
Document emailed to craigwhittom@outlook.com for signature
2024-05-14 - 4:22:12 PM GMT
Email viewed by craigwhittom@outlook.com
2024-05-14 - 4:54:53 PM GMT- IP address: 71.235.185.13
Signer craigwhittom@outlook.com entered name at signing as Craig Whittom
2024-05-14 - 5:10:28 PM GMT- IP address: 71.235.185.13
Document e-signed by Craig Whittom (craigwhittom@outlook.com)
Signature Date: 2024-05-14 - 5:10:30 PM GMT - Time Source: server- IP address: 71.235.185.13
Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature
2024-05-14 - 5:10:36 PM GMT
Email viewed by Christopher Jensen (christopherj@cupertino.org)
2024-05-14 - 5:11:47 PM GMT- IP address: 104.47.73.126
Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen
2024-05-14 - 5:12:07 PM GMT- IP address: 136.24.22.194
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-05-14 - 5:12:09 PM GMT - Time Source: server- IP address: 136.24.22.194
Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature
2024-05-14 - 5:12:11 PM GMT
Email viewed by Pamela Wu (pamelaw@cupertino.org)
2024-05-14 - 8:56:38 PM GMT- IP address: 172.225.88.144
Document e-signed by Pamela Wu (pamelaw@cupertino.org)
Signature Date: 2024-05-14 - 11:53:07 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2024-05-14 - 11:53:08 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2024-05-15 - 0:16:08 AM GMT- IP address: 104.47.74.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2024-05-15 - 0:16:26 AM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2024-05-15 - 0:16:26 AM GMT