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22-001 Amendment #2 dated 1-17-24 Jahara Pagadipaala for Fitness Instruction1 SECOND AMENDMENT TO AGREEMENT 22-001 BETWEEN THE CITY OF CUPERTINO AND JAHARA PAGADIPAALA FOR FITNESS INSTRUCTION This Second Amendment to Agreement 22-001 between the City of Cupertino and JAHARA PAGADIPAALA is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and JAHARA PAGADIPAALA, a Sole Proprietorship/Individual (“Contractor”) whose address is CUPERTINO, CA 95014, and is made with reference to the following: RECITALS: A. On September 28, 2022, Agreement 22-001 (“Agreement”) was entered into by and between City and Contractor for Fitness Instruction. B. On September 26, 2023, 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 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 $11,000.00 (“Contract Price”), based upon the Scope of Services, budget, performance schedule, and rates included in Exhibit A and Exhibit A-1. 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 and Exhibit A-1 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. 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: Yoga, Vinyasa Yoga, Chair Yoga Compensation for CONTRACTOR Services: For a class taught in person at the Sports Center or Quinlan Community Center, $40/hour. Compensation shall not exceed $7,000 for these services. For a class taught in person at the Senior Center, seventy percent (70%) of revenue 2 generated from the member rate per participant, plus seventy percent (70%) of revenue from drop-in passes. Compensation shall not exceed $4,000 for these services. The total compensation to the Contractor shall not exceed $11,000.00. Eligible Participant Minimum and Maximums for CONTRACTOR Services: Minimum: 6-10 Maximum: 25-30 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 JAHARA PAGADIPAALA By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Base Amount 2023-216,2023-217 6,000.00 Amendment 1 0.00 Amendment 2 5,000.00 - - 11,000.00 Fitness Instructor Jan 17, 2024 Christopher D. Jensen Director of Parks and Recreation Jan 17, 2024 Jan 17, 2024 Fitness Instruction Final Audit Report 2024-01-17 Created:2024-01-17 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAISUHJslROmrxGHRvOBUofwhGVU6gvxyb "Fitness Instruction" History Document created by City of Cupertino (webmaster@cupertino.org) 2024-01-17 - 9:16:32 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-01-17 - 9:17:41 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-01-17 - 10:23:11 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to for signature 2024-01-17 - 10:23:13 PM GMT Email viewed by 2024-01-17 - 10:23:19 PM GMT- IP address: 74.125.209.36 Signer entered name at signing as Jahara Pagadipaala 2024-01-17 - 11:16:10 PM GMT- IP address: 76.132.29.101 Document e-signed by Jahara Pagadipaala ( Signature Date: 2024-01-17 - 11:16:12 PM GMT - Time Source: server- IP address: 76.132.29.101 Document emailed to christopherj@cupertino.org for signature 2024-01-17 - 11:16:13 PM GMT Email viewed by christopherj@cupertino.org 2024-01-17 - 11:19:30 PM GMT- IP address: 104.47.74.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2024-01-17 - 11:19:44 PM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-01-17 - 11:19:46 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2024-01-17 - 11:19:47 PM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2024-01-17 - 11:23:04 PM GMT- IP address: 104.47.73.254 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2024-01-17 - 11:23:22 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-01-17 - 11:23:23 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-01-17 - 11:30:47 PM GMT- IP address: 104.47.73.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-01-17 - 11:30:56 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2024-01-17 - 11:30:56 PM GMT