HomeMy WebLinkAbout25-001 Tomislav Stjepan Plese_Amendment #1 dated 9-29-26 for Fitness Instruction1
FIRST AMENDMENT TO AGREEMENT 25-001 BETWEEN THE
CITY OF CUPERTINO AND TOMISLAV STJEPAN PLESE FOR
FITNESS INSTRUCTION
This First Amendment to Agreement 25-001 is by and between the City of Cupertino, a
municipal corporation (hereinafter "City") and Tomislav Stjepan Plese, a Sole Proprietorship/Individual
(“Contractor”) whose address is and is made with reference to the
following:
RECITALS:
A. On June 04, 2025, Agreement 25-001 (“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 3 of the Agreement is modified to read as follows:
Term. This contract begins on the Effective Date and ends on 12/31/2027 (“Contract Time”),
unless extended or terminated as provided herein. Time is of the essence and Contractor must
have sufficient time, resources, and qualified staff to deliver the Services as required. Contractor
must promptly notify City of any actual or potential delays to afford the Parties adequate
opportunity to address or mitigate such delays. 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.
2. 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
$120,000.00 (“Contract Price”), based upon the Scope of Services, 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.
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
Senior Assistant City Attorney
ATTEST:
City Clerk
Date
TOMISLAV STJEPAN PLESE
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2025-516, 2026-46 60,000.00
Amendment 1 60,000.00
- - 120,000.00
Personal Trainer
Sep 22, 2026
Michael K Woo
Rachelle Sander
Director of Parks and Recreation
Sep 29, 2026
Lauren Sapudar
Sep 29, 2026
Fitness Instruction
Final Audit Report 2026-09-29
Created:2026-09-22
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAdJq2Jnad5jW0eLNf4_R6dpcCWbY5lo10
"Fitness Instruction" History
Document created by Webmaster Admin (webmaster@cupertino.org)
2026-09-22 - 9:21:31 PM GMT- IP address: 35.229.54.2
Document emailed to aracelia@cupertino.org for approval
2026-09-22 - 9:23:08 PM GMT
Email viewed by aracelia@cupertino.org
2026-09-22 - 9:23:18 PM GMT- IP address: 44.222.153.178
Signer aracelia@cupertino.org entered name at signing as Araceli Alejandre
2026-09-22 - 10:10:07 PM GMT- IP address: 71.202.76.156
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2026-09-22 - 10:10:09 PM GMT - Time Source: server- IP address: 71.202.76.156
Document emailed to Tom Plese ( for signature
2026-09-22 - 10:10:12 PM GMT
Email viewed by Tom Plese (
2026-09-22 - 10:10:30 PM GMT- IP address: 74.125.209.198
Document e-signed by Tom Plese (
Signature Date: 2026-09-22 - 10:11:12 PM GMT - Time Source: server- IP address: 98.35.237.12 - Signature Appearance Selected: TYPE
Document emailed to michaelw@cupertino.org for signature
2026-09-22 - 10:11:14 PM GMT
Email viewed by michaelw@cupertino.org
2026-09-22 - 10:11:23 PM GMT- IP address: 34.234.93.147
Email viewed by michaelw@cupertino.org
2026-09-29 - 10:33:30 PM GMT- IP address: 3.236.113.124
Signer michaelw@cupertino.org entered name at signing as Michael K Woo
2026-09-29 - 10:35:08 PM GMT- IP address: 174.195.129.147
Document e-signed by Michael K Woo (michaelw@cupertino.org)
Signature Date: 2026-09-29 - 10:35:10 PM GMT - Time Source: server- IP address: 174.195.129.147 - Signature Appearance Selected:
MOBILE_TYPE
Document emailed to rachelles@cupertino.org for signature
2026-09-29 - 10:35:13 PM GMT
Email viewed by rachelles@cupertino.org
2026-09-29 - 10:35:19 PM GMT- IP address: 3.235.138.77
Signer rachelles@cupertino.org entered name at signing as Rachelle Sander
2026-09-29 - 11:53:34 PM GMT- IP address: 174.194.230.50
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2026-09-29 - 11:53:36 PM GMT - Time Source: server- IP address: 174.194.230.50 - Signature Appearance Selected:
MOBILE_TYPE
Document emailed to laurens@cupertino.org for signature
2026-09-29 - 11:53:39 PM GMT
Email viewed by laurens@cupertino.org
2026-09-29 - 11:53:46 PM GMT- IP address: 98.93.211.25
Signer laurens@cupertino.org entered name at signing as Lauren Sapudar
2026-09-29 - 11:58:04 PM GMT- IP address: 64.165.34.3
Document e-signed by Lauren Sapudar (laurens@cupertino.org)
Signature Date: 2026-09-29 - 11:58:06 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE
Agreement completed.
2026-09-29 - 11:58:06 PM GMT