22-001 Amendment #1 dated 6-23-23 Rebecca McCormick Adult Fitness Instruction1
FIRST AMENDMENT TO AGREEMENT 22-001
BETWEEN THE CITY OF CUPERTINO AND REBECCA
MCCORMICK FOR ADULT FITNESS INSTRUCTION
This First Amendment to Agreement 22-001 between the City of Cupertino and REBECCA
MCCORMICK, is by and between the City of Cupertino, a municipal corporation (hereinafter
"City") and REBECCA MCCORMICK, a Sole Proprietorship/Individual (“Contractor”) whose
address is 19983 LINDENBROOK LANE, CUPERTINO, CA 95014, and is made with reference to
the following:
RECITALS:
A. On March 01, 2022, Agreement 22-001 (“Agreement”) was entered into by and
between City and Contractor for Adult 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 3 of the Agreement is modified to read as follows:
Term. This contract begins on the Effective Date and ends on 12/31/2026 (“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 $35,000.00
(“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.
3. Exhibit A of the Agreement is modified as follows under Compensation for
CONTRACTOR Services:
The total compensation to the Contractor shall not exceed $35,000.00.
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.
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
REBECCA MCCORMICK
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2022-423 7,500.00
Amendment 1 27,500.00
- - 35,000.00
1429656.1
Group Exercise Instructor
Jun 22, 2023
Christopher D. Jensen
Director of Parks and Recreation
Jun 23, 2023
Jun 23, 2023
Adult Fitness Instruction
Final Audit Report 2023-06-23
Created:2023-06-22
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAyQtTXS9Ma0SUz6Eu4MgoGAtf7xzUbpyp
"Adult Fitness Instruction" History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-06-22 - 3:32:35 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-06-22 - 3:33:32 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-06-22 - 4:35:58 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to for signature
2023-06-22 - 4:35:59 PM GMT
City of Cupertino (webmaster@cupertino.org) added alternate signer The
original signer can still sign.
2023-06-22 - 11:28:51 PM GMT- IP address: 174.62.75.160
Document emailed to for signature
2023-06-22 - 11:28:51 PM GMT
Email viewed by
2023-06-22 - 11:28:58 PM GMT- IP address: 172.226.212.19
Signer entered name at signing as Rebecca Lee McCormick
2023-06-22 - 11:33:24 PM GMT- IP address: 69.110.137.106
Document e-signed by Rebecca Lee McCormick (
Signature Date: 2023-06-22 - 11:33:26 PM GMT - Time Source: server- IP address: 69.110.137.106
Document emailed to christopherj@cupertino.org for signature
2023-06-22 - 11:33:27 PM GMT
Email viewed by christopherj@cupertino.org
2023-06-22 - 11:48:16 PM GMT- IP address: 104.47.73.126
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-06-22 - 11:48:31 PM GMT- IP address: 136.24.22.111
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-06-22 - 11:48:33 PM GMT - Time Source: server- IP address: 136.24.22.111
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
2023-06-22 - 11:48:34 PM GMT
Email viewed by Rachelle Sander (rachelles@cupertino.org)
2023-06-23 - 3:05:51 PM GMT- IP address: 104.47.74.126
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2023-06-23 - 3:06:10 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2023-06-23 - 3:06:11 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2023-06-23 - 3:59:58 PM GMT- IP address: 104.47.73.254
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-06-23 - 4:00:23 PM GMT - Time Source: server- IP address: 162.245.20.145
Agreement completed.
2023-06-23 - 4:00:23 PM GMT