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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