20-001 Second Amendment dated 7-13-22 for Snapology of Los Gatos dba SV Kids Corp1
SECOND AMENDMENT TO AGREEMENT 20-001 BETWEEN THE CITY OF
CUPERTINO AND SNAPOLOGY OF LOS GATOS DBA SV KIDS CORP. FOR
ENRICHMENT STEAM PROGRAMS
This Second Amendment to Agreement 20-001 between the City of Cupertino and Snapology
of Los Gatos DBA SV Kids Corp. is by and between the CITY OF CUPERTINO, a municipal
corporation (hereinafter "City") and Snapology of Los Gatos DBA SV Kids Corp., a Corporation
(“Contractor”) whose address is and is made with
reference to the following:
RECITALS:
A. On September 04, 2020, Agreement 20-001 (“Agreement”) was entered into by and
between City and Contractor for Enrichment Steam Programs.
B. On August 26, 2021, City and Contractor agreed to the First Amendment for
Enrichment Steam Programs.
C. The 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 and undersigned parties as
follows:
1. Paragraph 4 of the Agreement is modified to read as follows:
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 $131,000.00 (“Contract
Price”), based upon the Scope of Services, budget, performance schedule, and rates included in
Exhibit A. The maximum compensation includes all costs, expense, and reimbursements and
will remain in place even if the Contractor’s actual costs exceed the capped amount. 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-1 of the Agreement is replaced with a new Exhibit A-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
Title
Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
SNAPOLOGY OF LOS GATOS DBA SV
KIDS CORP.
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 21,000.00
Amendment 1 2022-112 36,000.00
Amendment 2 2022-182 74,000.00
- - 131,000.00
1429656.1
Amita Dhingra
CFO
Jul 12, 2022
Christopher D. Jensen
Rachelle Sander
Acting Director of Parks and Recreation
Jul 13, 2022
Jul 13, 2022
Updated 04/15/20
EXHIBIT A-2
SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES
The CONTRACTOR will provide Enrichment Steam Programs in, but not limited to, the
following:
Escape Snapology, KinderBots, Junior Creator's Club, Animal Explorers/Discovering Dinosaurs,
Adaptive Play, Building Commitment to End Bullying
Location and Time of CONTRACTOR Services:
Refer to the City’s Publications for agreed upon dates, times, and locations of a class, camp, activity,
program, or service (“class”). The City, at its sole discretion, may change the agreed dates, times and
locations of a class, or may cancel a class.
Compensation for CONTRACTOR Services:
Contractor shall be compensated for services performed pursuant to this Agreement.
For a class taught in person, 60% of resident fee per participant, based on final roster, for in-person
programs. 70% of resident fee per participant, based on final roster, for online programs..
City and Contractor may mutually agree for Contractor to teach a class online rather than in per son,
provided that City and Contractor reach agreement for compensation for that online class.
Compensation for that online class shall be specified in writing in a separate side agreement before
online instruction for a class begins.
The total compensation to the Contractor shall not exceed $131,000.00.
Eligible Participant Minimum and Maximums for CONTRACTOR Services:
Minimum: 4 (In Person), 6 (Online)
Maximum: 10-15 (In Person), 20 (Online)
If less than the required minimum number of participants enroll in and pay for a particular class as
identified in the schedule before the class is scheduled to start, the City may cancel the particular class
and/or terminate this Agreement without additional notice or payment to Contractor.
List of all Contractor Employees working for the City of Cupertino (if no Employees, identify
“self”):
See attached list of employees.
Performance of CONTRACTOR Services:
Updated 04/15/20
Class Cancellation
Contractor will only receive compensation for a class that is performed. If performance of a class is
cancelled by the City or Contractor before instruction begins, Contactor will not receive compensation
for the class. If the City or Contractor cancels performance of certain meetings of a class, Contractor
will only receive compensation for those meetings of the class that are performed.
In the case Contractor unilaterally cancels performance of a class without City approval, City reserves
the right to immediately and without notice cancel the remainder of classes offered and or performed
by Contractor.
COVID-19 Health Order Compliance
Contractor acknowledges that its duty to comply with Laws, as stated in Section 13 of the Agreement,
includes compliance by Contractor with the restrictions on travel and the Social Distancing
Requirements set forth in Section 13.k of the health order issued by the County of Santa Clara Public
Health Department on March 31, 2020, in response to the COVID-19 pandemic, and any subsequent
amendments or superseding orders thereto (the “Health Order”), and any other local, state, or federal
laws or policies that have been or may be enacted in response to the COVID-19 pandemic
(collectively, “Health Laws”). Contractor shall comply with these restrictions on travel and Social
Distancing Requirements when preforming work under this Agreement. If this Agreement specifies
work that cannot be performed in compliance with the Health Order or Health Laws, Contractor shall
refrain from conducting the work and immediately inform the City. Contractor shall likewise comply
with any City protocols designed to help prevent the spread of COVID-19. Contractor acknowledges
that the need to comply with the Health Order and Health Laws may result in the City canceling
performance of any class or meetings of a class referenced in this Agreement.
Registration, Enrollment, and Supervision
The Contractor shall follow all guidelines pertaining to registration procedures as listed in the
quarterly recreation schedule. Participants may not take part in the program unless they are listed on
the class roster or can show proof of enrollment. All participants and volunteers need to complete the
City’s Waiver of Liability form prior to taking part in the program. If applicable, contractors who are
responsible for supervising minors must remain with the class until a parent of legal guardian has
arrived and all minors are released to them.
Injury of a Class Participant
In the event of an injury occurring to a participant, the Contractor will notify the City within 1 hour
and complete an Incident Report in the form approved by the City. The Incident Report must be
submitted to the City within 24 hours of the injury occurring.
Enrichment Steam Programs
Final Audit Report 2022-07-13
Created:2022-07-12
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAHHTPg82KORjeYF4uU6viF-bV5ds22871
"Enrichment Steam Programs" History
Document created by City of Cupertino (webmaster@cupertino.org)
2022-07-12 - 11:09:23 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2022-07-12 - 11:12:29 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2022-07-13 - 1:06:10 AM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to
2022-07-13 - 1:06:12 AM GMT
Email viewed by
2022-07-13 - 1:42:43 AM GMT- IP address: 172.225.88.144
Document e-signed by Amita Dhingra (
Signature Date: 2022-07-13 - 6:03:48 AM GMT - Time Source: server- IP address: 67.180.105.242
Document emailed to christopherj@cupertino.org for signature
2022-07-13 - 6:03:50 AM GMT
Email viewed by christopherj@cupertino.org
2022-07-13 - 6:04:00 AM GMT- IP address: 104.28.124.90
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2022-07-13 - 2:33:39 PM GMT - Time Source: server- IP address: 136.24.42.212
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
2022-07-13 - 2:33:42 PM GMT
Email viewed by Rachelle Sander (rachelles@cupertino.org)
2022-07-13 - 3:14:32 PM GMT- IP address: 73.158.59.6
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2022-07-13 - 3:16:16 PM GMT - Time Source: server- IP address: 73.158.59.6
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2022-07-13 - 3:16:18 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2022-07-13 - 4:06:40 PM GMT- IP address: 172.225.80.193
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2022-07-13 - 4:06:57 PM GMT - Time Source: server- IP address: 172.226.41.167
Agreement completed.
2022-07-13 - 4:06:57 PM GMT