21-066 Amendment #3 dated 12-19-23 Tripepi for Communications Graphic Design Services1
THIRD AMENDMENT TO AGREEMENT 262 BETWEEN
THE CITY OF CUPERTINO AND TRIPEPI SMITH AND
ASSOCIATES, INC., FOR COMMUNICATIONS
GRAPHIC DESIGN SERVICES
This Third Amendment to Agreement 262 between the City of Cupertino and Tripepi Smith
and Associates, Inc., is by and between the City of Cupertino, a municipal corporation (hereinafter
"City") and Tripepi Smith and Associates, Inc., a Corporation (“Contractor”) whose address is PO
Box 52152, Irvine, CA, 92619, and is made with reference to the following:
RECITALS:
A. The City and Contractor entered into an Agreement for Communications Graphic
Design Services, effective July 1, 2021, Agreement 262 (“Original Agreement”) with a term
expiring on June 30, 2022.
B. The City and the Contractor entered into a First Amendment for Communications
Graphic Design Services, effective June 30, 2022 (“First Amendment”) with a term expiring
on June 30, 2023.
C. The City and the Contractor entered into a Second Amended and Reinstated
Amendment for Communications Graphic Design Services, effective July 20, 2023 (“Second
Amendment”) with a term expiring on August 30, 2024.
D. The Original Agreement, First Amendment, and Second Reinstated 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. SERVICES:
Paragraph 2 of the Agreement is modified to read as follow:
Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail
in Scope of Services, attached here and incorporated as Exhibit A-3. Contractor further agrees
to carry out its work in compliance with any applicable local, State, or Federal order regarding
COVID-19.
Exhibit A-2 to the Agreement is replaced with Exhibit A-3, attached hereto.
2. COMPENSATION:
Paragraph 4 of the Agreement is modified to read as follow:
4.1 Maximum Compensation. City will pay Contractor for satisfactory
performance of the Services an amount that will based on actual costs but that will be
capped so as not to exceed $84,500 (Contract Price), based upon the scope of Services in
2
Exhibit A-3 and the budget and rates included in Exhibit C-3, Compensation attached and
incorporated here. 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 written approval of the
City.
Exhibit C-2 of the Agreement is replaced with a new Exhibit C-3, attached hereto.
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 TRIPEPI SMITH AND ASSOCIATES, INC.
By By
Title Title
Date Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
EXPENDITURE DISTRIBUTION
Item Amount
Base $17,500
1st Amendment $18,000
2nd Amendment $19,000
3rd Amendment $30,000
Total $84,500
Ryder Todd Smith
Ryder Todd Smith
12/19/2023
Christopher D. Jensen
Deputy City Manager
12/19/2023
EXHIBIT A-3: SERVICES
The Contractor will perform graphic design services for The Cupertino Scene, a City-wide newsletter, and
deliver two final PDFs (web and print) for each newsletter.
Contractor will also assist the City Manager's Office with additional communications support, determined
on an as needed basis, at an hourly rate outlined in Exhibit C -3.
EXHIBIT C-3: COMPENSATION
Scene Hourly Rate:
•No more than 15 hours at $140/hr standard rate per newsletter
•An $105/hr contingency rate will apply after standard rate has been exhausted
•No more than 20 hours of contingency rate may be used during this contract
•Not to exceed $19,000
Additional Communications Support Hourly Rate:
•Any work consultant performs for Communications Support will be charged at the
appropriate hourly standard rate as outlined in the below rate sheet, not to exceed
$30,000.
•Invoices shall include a description of the services being invoiced, number of hours
worked, and any supporting documentation, as needed.
CUMULATIVE COMPENSATION
Communications Graphic Design Services
Final Audit Report 2023-12-20
Created:2023-12-19
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAArFuiG09nsh2UJnppT-BwgZFpTbGtHDZi
"Communications Graphic Design Services" History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-12-19 - 10:43:24 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-12-19 - 10:45:59 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-12-19 - 11:11:40 PM GMT - Time Source: server- IP address: 71.204.144.228
Document emailed to ryder@tripepismith.com for signature
2023-12-19 - 11:11:41 PM GMT
Email viewed by ryder@tripepismith.com
2023-12-19 - 11:16:09 PM GMT- IP address: 66.249.84.7
Signer ryder@tripepismith.com entered name at signing as Ryder Todd Smith
2023-12-19 - 11:26:49 PM GMT- IP address: 98.163.39.229
Document e-signed by Ryder Todd Smith (ryder@tripepismith.com)
Signature Date: 2023-12-19 - 11:26:51 PM GMT - Time Source: server- IP address: 98.163.39.229
Document emailed to christopherj@cupertino.org for signature
2023-12-19 - 11:26:53 PM GMT
Email viewed by christopherj@cupertino.org
2023-12-19 - 11:33:47 PM GMT- IP address: 104.47.73.126
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-12-19 - 11:34:15 PM GMT- IP address: 136.24.22.194
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-12-19 - 11:34:17 PM GMT - Time Source: server- IP address: 136.24.22.194
Document emailed to Tina Kapoor (tinak@cupertino.org) for signature
2023-12-19 - 11:34:18 PM GMT
Email viewed by Tina Kapoor (tinak@cupertino.org)
2023-12-19 - 11:34:39 PM GMT- IP address: 104.47.73.254
Document e-signed by Tina Kapoor (tinak@cupertino.org)
Signature Date: 2023-12-19 - 11:35:19 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2023-12-19 - 11:35:21 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2023-12-20 - 0:08:19 AM GMT- IP address: 104.47.74.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-12-20 - 0:08:27 AM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2023-12-20 - 0:08:27 AM GMT