22-001 James Colvin Amendment #3 dated 4-29-25 for Fitness Instruction1
THIRD AMENDMENT TO AGREEMENT 22-001
BETWEEN THE CITY OF CUPERTINO AND JAMES
COLVIN FOR FITNESS INSTRUCTION
This Third Amendment to Agreement 22-001 is by and between the City of Cupertino, a
municipal corporation (hereinafter "City") and JAMES COLVIN, a Sole Proprietorship/Individual
(“Contractor”) whose address is and is made
with reference to the following:
RECITALS:
A. On July 12, 2022, Agreement 22-001 (“Agreement”) was entered into by and between
City and Contractor for Fitness Instruction.
B. On March 16, 2023, City and Contractor agreed to the First Amendment for Fitness
Instruction.
C. On July 1, 2024, City and Contractor agreed to the Second Amendment for Fitness
Instruction.
D. The Agreement, First Amendment, and Second 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. 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
$109,000.00 (“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. Exhibit A of the Agreement is modified as follows, under the following section(s):
Compensation for CONTRACTOR Services
The total compensation to the Contractor shall not exceed $109,000.00.
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
Interim City Attorney
ATTEST:
City Clerk
Date
JAMES COLVIN
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2023-75, 2024-113, 2025-135 40,000.00
Amendment 1 28,000.00
Amendment 2 27,000.00
Amendment 3 14,000.00
- - 109,000.00
Apr 28, 2025
Fitness Instructor
Apr 29, 2025
Director of Parks and Recreation
Apr 29, 2025
Updated 06/23/21
EXHIBIT C
AFFIDAVIT OF NO EMPLOYEES
State of California
County of Santa Clara
City of Cupertino
I, the undersigned, declare as follows:
I am an independent contractor and the owner of JAMES COLVIN .
I wish to enter into a services contract with the City of Cupertino. I am fully aware of the
provisions of section 3700 of the California Labor Code, which requires every employer to
provide Workers' Compensation coverage for employees in accordance with the provisions
of that Code. I am also aware that I must provide proof of workers’ compensation insurance
to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the
City of Cupertino’s contract.
I hereby certify that I do not have any employees nor will I have any employees working for
me or my business during the term of any service contract with the City of Cupertino. I am
not required to have Workers’ Compensation insurance.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed on this ____day of ____________, 2025, at , California.
______________________________
PRINT NAME
______________________________
SIGNATURE
Jim Colvin
CupertinoApril28
Fitness Instruction
Final Audit Report 2025-04-29
Created:2025-04-17
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAQRYMUTmBRHZEmWdoDYWAgBr1cD2rG4YD
"Fitness Instruction" History
Document created by Webmaster Admin (webmaster@cupertino.org)
2025-04-17 - 2:30:36 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2025-04-17 - 2:32:29 PM GMT
Email viewed by Araceli Alejandre (aracelia@cupertino.org)
2025-04-17 - 2:33:37 PM GMT- IP address: 44.203.221.169
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2025-04-17 - 5:17:19 PM GMT - Time Source: server- IP address: 71.202.76.156
Document emailed to Jim Colvin ( for signature
2025-04-17 - 5:17:22 PM GMT
Email viewed by Jim Colvin (
2025-04-28 - 6:22:00 PM GMT- IP address: 70.134.60.126
Document e-signed by
Signature Date: 2025-04-28 - 6:28:54 PM GMT - Time Source: server- IP address: 70.134.60.126
Document emailed to Floy Andrews (floya@cupertino.gov) for signature
2025-04-28 - 6:28:57 PM GMT
Email viewed by Floy Andrews (floya@cupertino.gov)
2025-04-28 - 6:29:05 PM GMT- IP address: 3.236.37.132
Document e-signed by Floy Andrews (floya@cupertino.gov)
Signature Date: 2025-04-29 - 0:11:56 AM GMT - Time Source: server- IP address: 24.6.67.144
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
2025-04-29 - 0:11:59 AM GMT
Email viewed by Rachelle Sander (rachelles@cupertino.org)
2025-04-29 - 0:12:26 AM GMT- IP address: 44.193.201.69
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2025-04-29 - 3:19:01 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2025-04-29 - 3:19:03 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2025-04-29 - 3:19:11 PM GMT- IP address: 44.201.61.28
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2025-04-29 - 4:03:53 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2025-04-29 - 4:03:53 PM GMT