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21-216 Amendment #2 dated 12-21-21 - Housing Op Ed1 SECOND AMENDMENT TO AGREEMENT 355 BETWEEN THE CITY OF CUPERTINO AND TRIPEPI, SMITH AND ASSOCIATES, INC., FOR HOUSING OP ED This Second Amendment to Agreement 355 between the City of Cupertino and Tripepi, Smith and Associates, Inc., is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Tripepi, Smith and Associates, Inc., a Corporation (“Contractor”) whose address is PO Box 52152, Irvine, CA 92619, and is made with reference to the following: RECITALS: A. On September 28, 2021 Agreement 355 (“Agreement”) was entered into by and between City and Contractor for Housing Op Ed. B. On November 2, 2021 City and Contractor agreed to the First Amendment for Housing Op Ed. C. The Agreement and the 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 and undersigned parties as follows: 1. Time of Performance: Paragraph 3.1 of the Agreement is modified to read as follows: This Agreement begins on the Effective Date and ends on June 20, 2022 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 20, 2022. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided that such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 2. Exhibit B-1 to the Agreement is replaced with a new Exhibit B-2, 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. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Name Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date CONTRACTOR By Name Title Date Ryder Todd Smith Dec 21, 2021 President Ryder Todd Smith Christopher D. Jensen Interim City Manager Dec 21, 2021 Dianne Thompson (she/her) Dec 21, 2021 EXHIBIT B-2: SCHEDULE OF PERFORMANCE The Contractor will complete the scope of work in order to have a final editorial published as early as October 19, 2021. The final publishing date well be determined by the City based on circumstances at that time and should be no later than June 20, 2022. Second Amendment - Housing Op Ed Final Audit Report 2021-12-22 Created:2021-12-21 By:Esther Kwon (estherk@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAACjT-K_iO6ItGeZiA2AGfXjwor8klxy93 "Second Amendment - Housing Op Ed" History Document created by Esther Kwon (estherk@cupertino.org) 2021-12-21 - 10:32:55 PM GMT- IP address: 98.51.96.189 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2021-12-21 - 10:36:18 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-12-21 - 10:38:05 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Ryder Todd Smith (ryder@tripepismith.com) for signature 2021-12-21 - 10:38:07 PM GMT Email viewed by Ryder Todd Smith (ryder@tripepismith.com) 2021-12-21 - 10:38:11 PM GMT- IP address: 74.125.209.41 Document e-signed by Ryder Todd Smith (ryder@tripepismith.com) Signature Date: 2021-12-22 - 0:25:52 AM GMT - Time Source: server- IP address: 68.4.188.68 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-12-22 - 0:25:54 AM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-12-22 - 0:26:35 AM GMT- IP address: 104.47.46.254 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2021-12-22 - 0:27:07 AM GMT - Time Source: server- IP address: 184.167.31.63 Document emailed to Dianne Thompson (she/her) (diannet@cupertino.org) for signature 2021-12-22 - 0:27:09 AM GMT Email viewed by Dianne Thompson (she/her) (diannet@cupertino.org) 2021-12-22 - 0:40:26 AM GMT- IP address: 104.28.123.180 Document e-signed by Dianne Thompson (she/her) (diannet@cupertino.org) Signature Date: 2021-12-22 - 1:39:49 AM GMT - Time Source: server- IP address: 99.179.16.200 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-12-22 - 1:39:51 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-12-22 - 1:40:07 AM GMT- IP address: 104.28.85.196 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2021-12-22 - 1:40:28 AM GMT - Time Source: server- IP address: 162.245.20.145 Agreement completed. 2021-12-22 - 1:40:28 AM GMT