20-105 Amendment #1 08-21-20201
FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF CUPERTINO AND FIT PROS ON
LOCATION LLC, FOR DIVERSITY AND INCLUSION
EDUCATIONAL SEMINARS
This First Amendment to Agreement between the City of Cupertino and FIT PROS ON
LOCATION LLC, for reference dated August 21, 2020, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "City") and FIT PROS ON LOCATION LLC, a
(“Contractor”) whose address is 1933 Buchanan St., San Francisco, CA 94115, and is made with
reference to the following:
RECITALS:
A. On August 21, 2020 Agreement 20-105 (“Agreement”) was entered into by and
between City and Contractor for Consulting Services Agreement between City of Cupertino
and Fit Pros on Location LLC, for diversity and inclusion educational seminars.
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 and undersigned parties as
follows:
1. Time of Performance
Paragraph 3 of the Agreement is modified to read as follows:
3.1 This Agreement begins on the Effective Date and ends on December 31, 2021 (“Contract
Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on
August 21, 2020 and shall be completed by December 31, 2021. 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.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the
Schedule of Performance, attached and incorporated here Exhibit B2.
3.3 Time is of the essence for the performance of all the Services. Contractor must have
sufficient time, resources, and qualified staff to deliver the services on time.
2. Exhibit B of the Agreement is replaced with new Exhibit B2 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.
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
FIT PROS ON LOCATION LLC
By
Title
Date
Lindsay Johnson
Founder & CEO
Dec 22, 2020
Heather M. Minner
Jan 4, 2021
Director of Administrative Services
Jan 4, 2021
EXHIBIT B2
SCHEDULE OF PERFORMANCE
Fitpros virtual services will be provided during the 2021 City of Cupertino BEST Training
Program. In the event that the Company wishes to cancel or postpone a class or activity within
15 days prior to the existing date of such event, or cancel a within 31 days, the Company agrees
that it shall not be entitled to reschedule such event without Service Provider’s prior written
consent.
First Amendment Fit Pros on Location LLC
Final Audit Report 2021-01-04
Created:2020-12-22
By:Mariela Vargas (marielar@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAnkifdj2nlu8g9Cq-PxDZROecUcvPcSc6
"First Amendment Fit Pros on Location LLC" History
Document created by Mariela Vargas (marielar@cupertino.org)
2020-12-22 - 3:57:52 PM GMT- IP address: 174.87.176.70
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2020-12-22 - 3:59:30 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2020-12-22 - 4:02:39 PM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to Lindsay Johnson (lindsay@fitpros.com) for signature
2020-12-22 - 4:02:40 PM GMT
Email viewed by Lindsay Johnson (lindsay@fitpros.com)
2020-12-22 - 4:50:02 PM GMT- IP address: 66.102.6.4
Document e-signed by Lindsay Johnson (lindsay@fitpros.com)
Signature Date: 2020-12-22 - 4:50:28 PM GMT - Time Source: server- IP address: 73.162.39.182
Document emailed to Heather M. Minner (minner@smwlaw.com) for signature
2020-12-22 - 4:50:30 PM GMT
Email viewed by Heather M. Minner (minner@smwlaw.com)
2020-12-29 - 7:33:59 PM GMT- IP address: 45.41.142.160
Document e-signed by Heather M. Minner (minner@smwlaw.com)
Signature Date: 2020-12-29 - 7:34:26 PM GMT - Time Source: server- IP address: 52.39.49.65
Document emailed to Kristina Alfaro (kristinaa@cupertino.org) for signature
2020-12-29 - 7:34:28 PM GMT
Email viewed by Kristina Alfaro (kristinaa@cupertino.org)
2021-01-04 - 4:44:19 PM GMT- IP address: 104.47.46.254
Document e-signed by Kristina Alfaro (kristinaa@cupertino.org)
Signature Date: 2021-01-04 - 4:45:15 PM GMT - Time Source: server- IP address: 198.135.177.41
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2021-01-04 - 4:45:16 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2021-01-04 - 7:15:28 PM GMT- IP address: 104.47.73.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2021-01-04 - 7:15:38 PM GMT - Time Source: server- IP address: 148.64.105.190
Agreement completed.
2021-01-04 - 7:15:38 PM GMT