22-001 Amendment #2 dated 6-25-24 Raychel Cruz for Fitness Instruction1
SECOND AMENDMENT TO AGREEMENT 22-001
BETWEEN THE CITY OF CUPERTINO AND RAYCHEL
CRUZ FOR FITNESS INSTRUCTION
This Second Amendment to Agreement 22-001 is by and between the City of Cupertino, a
municipal corporation (hereinafter "City") and RAYCHEL CRUZ, a Sole Proprietorship/Individual
(“Contractor”) whose address is and is made
with reference to the following:
RECITALS:
A. On July 06, 2022, Agreement 542 (“Agreement”) was entered into by and between
City and Contractor for Fitness Instruction.
B. On January 08, 2024, City and Contractor agreed to the First Amendment for Fitness
Instruction.
C. The Agreement and First Amendment 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 the undersigned parties as
follows:
1. Paragraph 3 of the Agreement is modified to read as follows:
Term. This contract begins on the Effective Date and ends on 06/30/2025 (“Contract
Time”), unless extended or terminated as provided herein. Time is of the essence and
Contractor must have sufficient time, resources, and qualified staff to deliver the Services
as required. Contractor must promptly notify City of any actual or potential delays to afford
the Parties adequate opportunity to address or mitigate such delays. The City’s appropriate
department head or the City Manager may extend the Contract Time through a written
amendment to this Agreement, provided such extension does not include additional contract
funds. Extensions requiring additional contract funds are subject to the City’s purchasing
policy.
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
$129,000.00 (“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 required
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, 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
3. Exhibit A of the Agreement is modified as follows, under the following section(s):
Compensation for CONTRACTOR Services
The total compensation to the Contractor shall not exceed $129,000.00.
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.
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
RAYCHEL CRUZ
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2023-76, 2024-117 40,000.00
Amendment 1 26,000.00
Amendment 2 63,000.00
- - 129,000.00
Fitness instructor
Jun 24, 2024
Christopher D. Jensen
Director of Parks and Recreation
Jun 25, 2024
Jun 25, 2024
Fitness Instruction
Final Audit Report 2024-06-25
Created:2024-06-18
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAQnR_nKTsdwK2GUy5B6P5RyabMpZ3f9J3
"Fitness Instruction" History
Document created by Webmaster Admin (webmaster@cupertino.org)
2024-06-18 - 4:05:15 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2024-06-18 - 4:07:47 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2024-06-18 - 5:12:19 PM GMT - Time Source: server- IP address: 71.204.144.228
Document emailed to for signature
2024-06-18 - 5:12:20 PM GMT
Email viewed by
2024-06-19 - 0:59:25 AM GMT- IP address: 146.75.154.1
Email viewed by
2024-06-24 - 5:25:45 PM GMT- IP address: 146.75.154.1
Signer entered name at signing as Raychel Cruz
2024-06-24 - 5:26:36 PM GMT- IP address: 174.194.194.30
Document e-signed by Raychel Cruz (
Signature Date: 2024-06-24 - 5:26:38 PM GMT - Time Source: server- IP address: 174.194.194.30
Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature
2024-06-24 - 5:26:40 PM GMT
Email viewed by Christopher Jensen (christopherj@cupertino.org)
2024-06-24 - 5:27:16 PM GMT- IP address: 104.47.74.126
Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen
2024-06-24 - 5:27:30 PM GMT- IP address: 136.24.22.194
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-06-24 - 5:27:32 PM GMT - Time Source: server- IP address: 136.24.22.194
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
2024-06-24 - 5:27:34 PM GMT
Email viewed by Rachelle Sander (rachelles@cupertino.org)
2024-06-25 - 3:17:58 PM GMT- IP address: 104.47.74.126
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2024-06-25 - 3:18:11 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2024-06-25 - 3:18:13 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2024-06-25 - 4:43:59 PM GMT- IP address: 104.47.74.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2024-06-25 - 4:44:07 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2024-06-25 - 4:44:07 PM GMT