22-001 Amendment #1 dated 1-8-24 for Raychel Cruz1
FIRST AMENDMENT TO AGREEMENT 22-001
BETWEEN THE CITY OF CUPERTINO AND RAYCHEL
CRUZ FOR FITNESS INSTRUCTION
This First Amendment to Agreement 22-001 between the City of Cupertino and RAYCHEL
CRUZ is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and
RAYCHEL CRUZ, a Sole Proprietorship/Individual (“Contractor”) whose address is 200 Winchester
Circle Unit C301, Los Gatos, CA 95032, and is made with reference to the following:
RECITALS:
A. On July 06, 2022, Agreement 22-001 (“Agreement”) was entered into by and between
City and Contractor for 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 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
$66,000.00 (“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. Paragraph 26 of the Agreement is modified to read as follows:
Notices. All notices and instruments pertaining to material provisions of this contract or
significant disputes which are required by law or under this contract to be in writing must
be sent to the persons listed below. The notices will be deemed effective on the date of
personal delivery or the date confirmed by a reputable overnight delivery service, on the
fifth (5th) calendar day after deposit in the United States Mail, postage prepaid, registered or
certified, or the next business day following electronic submission.
To City of Cupertino:
Office of the City Manager
10300 Torre Ave., Cupertino, CA 95014
Cc: Representative/Coordinator: Colleen
Ferris
Email: colleenf@cupertino.org
To Contractor: RAYCHEL CRUZ
200 Winchester Circle Unit C301
Los Gatos, CA 95032
Cc: Representative/Coordinator: Raychel
Cruz
Email: cruz.raychel@gmail.com
2
3. Exhibit A of the Agreement is modified as follows, under the following section(s):
The CONTRACTOR will provide Fitness Instruction in, but not limited to, the
following:
Body Sculpting, TRX, Trekking, Yoga, Personal Training, Referee Services - Basketball
League
Compensation for CONTRACTOR Services
The total compensation to the Contractor shall not exceed $66,000.00.
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 40,000.00
Amendment 1 26,000.00
- - 66,000.00
1429656.1
Fitness instructor
Jan 6, 2024
Christopher D. Jensen
Director of Parks and Recreation
Jan 8, 2024
Jan 8, 2024
Fitness Instruction
Final Audit Report 2024-01-08
Created:2023-12-18
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA0bDcqgQEnCavQae0fzvioN2ru5JdH-oR
"Fitness Instruction" History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-12-18 - 9:44:42 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-12-18 - 9:45:55 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-12-18 - 9:54:37 PM GMT - Time Source: server- IP address: 71.204.144.228
Document emailed to raychelcruzfitness@gmail.com for signature
2023-12-18 - 9:54:39 PM GMT
Email viewed by raychelcruzfitness@gmail.com
2023-12-19 - 3:44:42 AM GMT- IP address: 104.28.124.96
City of Cupertino (webmaster@cupertino.org) added alternate signer raychelcruz@icloud.com. The original
signer raychelcruzfitness@gmail.com can still sign.
2024-01-05 - 6:57:25 PM GMT- IP address: 174.62.75.160
Document emailed to raychelcruz@icloud.com for signature
2024-01-05 - 6:57:25 PM GMT
Email viewed by raychelcruz@icloud.com
2024-01-06 - 6:43:32 PM GMT- IP address: 172.226.212.6
Signer raychelcruz@icloud.com entered name at signing as Raychel Cruz
2024-01-06 - 6:44:35 PM GMT- IP address: 73.189.160.129
Document e-signed by Raychel Cruz (raychelcruz@icloud.com)
Signature Date: 2024-01-06 - 6:44:38 PM GMT - Time Source: server- IP address: 73.189.160.129
Document emailed to christopherj@cupertino.org for signature
2024-01-06 - 6:44:38 PM GMT
Email viewed by christopherj@cupertino.org
2024-01-06 - 6:44:53 PM GMT- IP address: 172.226.212.17
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2024-01-06 - 9:11:29 PM GMT- IP address: 136.24.22.194
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-01-06 - 9:11:31 PM GMT - Time Source: server- IP address: 136.24.22.194
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
2024-01-06 - 9:11:32 PM GMT
Email viewed by Rachelle Sander (rachelles@cupertino.org)
2024-01-07 - 6:20:04 AM GMT- IP address: 146.75.154.1
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2024-01-08 - 3:51:59 PM GMT - Time Source: server- IP address: 76.132.29.198
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2024-01-08 - 3:52:03 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2024-01-08 - 5:55:08 PM GMT- IP address: 104.47.74.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2024-01-08 - 5:55:16 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2024-01-08 - 5:55:16 PM GMT