22-001 Amendment #1 James Colvin for Fitness Instruction1
FIRST AMENDMENT TO AGREEMENT 22-001
BETWEEN THE CITY OF CUPERTINO AND JAMES
COLVIN FOR PERSONAL TRAINING
This First Amendment to Agreement 22-001 between the City of Cupertino and
JAMES COLVIN is by and between the City of Cupertino, a municipal corporation
(hereinafter "City") and JAMES COLVIN, a Sole Proprietorship/Individual (“Contractor”)
whose address is 1632 BELLEVILLE WAY, SUNNYVALE, CA 94087, and is made with
reference to the following:
RECITALS:
A. On July 12, 2022 Agreement 22-001 (“Agreement”) was entered into by and
between City and Contractor for Personal Training.
B. The Agreement is referred to as the “Agreement” unless otherwise indicated.
C. 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 $68,000.00 (“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
2. Exhibit A of the Agreement is modified as follows:
Compensation for CONTRACTOR Services:
Contract shall be compensated for services performed pursuant to this Agreement.
For a class taught in person, $52/hour.
City and Contractor may mutually agree for Contractor to teach a class onl ine 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 $68,000.00.
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
JAMES COLVIN
By
Title
Date
Personal Fitness Trainer
Mar 16, 2023
Christopher D. Jensen
Director of Parks and Recreation
Mar 16, 2023
Mar 16, 2023
3
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2023-75 40,000.00
Amendment 1 28,000.00
- - 68,000.00
1429656.1
Fitness Instruction
Final Audit Report 2023-03-16
Created:2023-03-16
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAQBKJlyhLYPKf6DS6z4Slpzu-nRUMdp_v
"Fitness Instruction" History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-03-16 - 2:59:57 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-03-16 - 3:01:58 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-03-16 - 3:12:02 PM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to Jim Colvin ( for signature
2023-03-16 - 3:12:04 PM GMT
Email viewed by Jim Colvin (
2023-03-16 - 4:02:24 PM GMT- IP address: 96.116.236.62
Document e-signed by Jim Colvin (
Signature Date: 2023-03-16 - 4:04:25 PM GMT - Time Source: server- IP address: 107.202.146.63
Document emailed to christopherj@cupertino.org for signature
2023-03-16 - 4:04:27 PM GMT
Email viewed by christopherj@cupertino.org
2023-03-16 - 4:18:23 PM GMT- IP address: 172.226.212.13
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-03-16 - 4:22:32 PM GMT- IP address: 64.165.34.3
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-03-16 - 4:22:34 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
2023-03-16 - 4:22:36 PM GMT
Email viewed by Rachelle Sander (rachelles@cupertino.org)
2023-03-16 - 4:29:29 PM GMT- IP address: 64.165.34.3
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2023-03-16 - 4:31:07 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2023-03-16 - 4:31:09 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2023-03-16 - 4:49:42 PM GMT- IP address: 104.47.74.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-03-16 - 4:49:51 PM GMT - Time Source: server- IP address: 67.188.176.248
Agreement completed.
2023-03-16 - 4:49:51 PM GMT
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