HomeMy WebLinkAbout22-001 Rebecca McCormick_Amendment #2 dated 8-3-26 for Adult Fitness Instruction1
SECOND AMENDMENT TO AGREEMENT 22-001 BETWEEN
THE CITY OF CUPERTINO AND REBECCA MCCORMICK FOR
ADULT FITNESS INSTRUCTION
This Second Amendment to Agreement 22-001 is by and between the City of Cupertino, a
municipal corporation (hereinafter "City") and Rebecca McCormick, a Sole Proprietorship/Individual
(“Contractor”) whose address is and is made with
reference to the following:
RECITALS:
A. On March 01, 2022, Agreement 22-001 (“Original Agreement”) was entered into by
and between City and Contractor for Adult Fitness Instruction.
B. On June 23, 2023, City and Contractor entered into a First Amendment for Adult
Fitness Instruction.
C. The Original 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
$41,000.00 (“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 $41,000.00.
3. Exhibit B of the Agreement is replaced with a new Exhibit B-1 attached hereto.
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.
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
Senior Assistant City Attorney
ATTEST:
City Clerk
Date
REBECCA MCCORMICK
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2022-423, 2023-78, 2024-82,
2025-119, 2026-33 7,500.00
Amendment 1 27,500.00
Amendment 2 6,000.00
- - 41,000.00
Exercise instructor
Jul 30, 2026
Michael K Woo
Rachelle Sander
Director of Parks and Recreation
Aug 3, 2026
Lauren Sapudar
Aug 3, 2026
Exh. B-1 Insurance for Recreation Contracts Updated May 2025
1
Exhibit B-1
Insurance Requirements for Recreation Contracts
As required by the Agreement, Contractor shall procure prior to commencement of Services and maintain
the following insurance for the duration of the Agreement, at its own cost and expense, the following
insurance policies and coverage with companies doing business in California and acceptable to City.
Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Coverage at least as broad as Insurance Services Office (“ISO”)
Form CG 00 01 with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate. The
policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or
CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall
be doubled.
a. It shall be a requirement that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii)
the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Contractor's policy shall allow and be endorsed "primary and
non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at
least as broad as the most recent edition of ISO Form CG 20 01.
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
liability insurance, provided each policy follows form of the underlying policy and complies with
the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit
of City. The City’s own insurance or self-insurance shall not be called upon.
2. Automobile Liability: Coverage shall be provided using ISO CA 00 01 covering Code 1 (any auto), or if
Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000
per accident for bodily injury and property damage. (Required if automobile is used to perform work under
this contract.)
Not required. Contractor shall be fully remote and not use automobiles to provide the service.
In the event Contractor uses an automobile or automobiles in the operation of its business to
provide services under this Agreement, the Contractor shall, prior to such use, provide the City
with evidence of Business Automobile Liability insurance coverage in the amount required under
this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Contractor does
not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided
with a Certificate of Insurance, along with an additional insured endorsement in favor of the City,
primary and non-contributory coverage and endorsement, and waiver of subrogation coverage
and endorsement under the policy prior to the use of any automobile.
Contractor has provided written confirmation that it does not own any autos. Contractor shall
provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non-
Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile
Liability hired and non-owned only coverage. In the event Contractor uses an owned automobile
or automobiles in the operation of its business to provide services under this Agreement, the
Contractor shall, prior to such use, provide the City with evidence of Business Automobile
Liability insurance coverage in the amount required under this Section 2 for owned, non-owned
and hired autos (any auto-Symbol 1).
Exh. B-1 Insurance for Recreation Contracts Updated May 2025
2
In lieu of Business Automobile Liability, Contractor shall maintain throughout the term of this
Agreement and provide the City with evidence (including the policy Declarations Page) of
personal automobile insurance coverage in accordance with the laws of the State of California. As
available under the policy, evidence shall be provided with the Certificate of Insurance, along with
an additional insured endorsement in favor of the City, primary and non-contributory coverage
and endorsement, and waiver of subrogation coverage and endorsement. City approval of
coverage is required prior to commencement of services.
3. Workers’ Compensation: As required by the State of California, with Statutory and Employer’s Liability
Insurance limits of no less than $1,000,000 per accident/disease.
If no employees, Contractor must sign Affidavit of No Employees.
4. Sexual Abuse/Molestation: Insurance is required for activities/services involving minors, (i.e., after
school activities, recreational programs, athletics, study/training events and transportation of minors) or
vulnerable populations. Coverage shall include bodily injury sexual abuse and molestation coverage,
personal injury, and property damage, including without limitation, blanket contractual liability. Sexual
Abuse/Molestation coverage must be included under General Liability or obtained in separate policies
with a limit of no less than $2,000,000 per occurrence and $4,000,000 aggregate. If a general aggregate
limit applies, it must apply separately to this contract or be twice the required occurrence limit.
Not Required. Contract does not involve services to minors or vulnerable populations
Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance.
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers
(“Additional Insureds”) are to be covered as additional insureds on Contractor’s CGL and automobile
liability policies. Endorsement of General Liability coverage shall be at least as broad as ISO Form CG 20 10
(11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used.
Primary and Non-Contributory Coverage
Except Workers’ Compensation coverage, Contractor’s insurance coverage shall allow and be endorsed
primary coverage at least as broad as the most recent edition of ISO CG 20 01. Any insurance or self-
insurance maintained by City, its officers, officials, employees, agents, or v olunteers shall be excess of
Contractor’s insurance and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will
not provide the required notice of cancellation or policy modification, the Contractor shall provide written
notice to the City of a cancellation or policy modification no later than 30 business days in advance or 10
days in advance if due to non-payment of premiums.
Waiver of Subrogation
Contractor waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herein. Specifically, the General Liability,
Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of
Exh. B-1 Insurance for Recreation Contracts Updated May 2025
3
subrogation in favor of City for all work performed by Contractor, its employees, agents, volunteers and
subcontractors. This provision applies regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City (Insert on the
Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate
the deductible or self-insured retentions as respects the City/Additional Insureds; or Contractor must show
proof of ability to pay losses and costs related investigations, claim administration and defense expenses.
The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either
the insured or the City.
Acceptability of Insurers
Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A-
VII or higher.
Verification of Coverage
Contractor must furnish acceptable insurance certificates and amendatory endorsements (or copies of the
policies effecting the coverage required by this Contract), including a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract.
City retains the right to demand verification of compliance at any time during the Contract term.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance that meet the requirements of
this Contract, including indemnification, defense, and naming the City as an additional insured on
subcontractor’s insurance policies.
Higher Insurance Limits
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall
be entitled to coverage for the higher insurance limits maintained by Contractor.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverages based on the nature of the risk,
prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written
notice.
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 REBECCA MCCORMICK.
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 ____________, 2026, at , California.
______________________________
PRINT NAME
______________________________
SIGNATURE
29 July Cupertino
Rebecca Lee McCormick
Adult Fitness Instruction
Final Audit Report 2026-08-03
Created:2026-07-28
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAS03VZyi2wYBj85CxySXSqyhcf-LYRh_n
"Adult Fitness Instruction" History
Document created by Webmaster Admin (webmaster@cupertino.org)
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Signer aracelia@cupertino.org entered name at signing as Araceli Alejandre
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Signer com entered name at signing as Rebecca Lee McCormick
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Signer michaelw@cupertino.org entered name at signing as Michael K Woo
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Signer rachelles@cupertino.org entered name at signing as Rachelle Sander
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Signer laurens@cupertino.org entered name at signing as Lauren Sapudar
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Agreement completed.
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