20-001 Amendment #1 dated 7-5-23 Educational Technology Camps_Classes1
SECOND AMENDMENT TO AGREEMENT 20-001
BETWEEN THE CITY OF CUPERTINO AND PLAY-
WELL TEKNOLOGIES FOR EDUCATIONAL
TECHNOLOGY CAMPS/CLASSES
This Second Amendment to Agreement 20-001 between the City of Cupertino and PLAY-
WELL TEKNOLOGIES is by and between the City of Cupertino, a municipal corporation (hereinafter
"City") and PLAY-WELL TEKNOLOGIES, a Corporation (“Contractor”) whose address is 224
GREENFIELD AVE, STE B, SAN ANSELMO, CA 94960, and is made with reference to the
following:
RECITALS:
A. The City and Contractor entered into an Agreement for Educational Technology
Camps/Classes, effective June 03, 2020, Agreement 20-001 (“Original Agreement”), with a
term expiring on June 30, 2023.
B. On June 1, 2021, City and Contractor agreed to the First Amendment for Educational
Technology Camps/Classes.
C. The Original Agreement and First Amendment are collectively referred to as the
“Agreement” unless otherwise indicated.
D. City and Contractor desire to continue the Contractor’s services to the City under the
Agreement, and hereby affirm their intent that it remains in full force and effect as amended
and restated by this Second Amendment.
E. 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 6/30/2026 (“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
$100,000.00 (“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
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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. Exhibit A of the Agreement is modified as follows, under Compensation for
CONTRACTOR Services:
Contractor shall be compensated for services performed pursuant to this Agreement.
For a class taught in person, $350 per participant for 5 full-day camps, $150 per participant
for 5 half-day camps. $280 per participant for 4 full-day camps, $120 per participant for 4
half-day camps. $175 per participant for 5 half-day Robotics Camp (all compensation will
be based on final roster).
City and Contractor may mutually agree for Contractor to teach a class online rather than
in person, 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 $100,000.00.
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.
SIGNATURES CONTINUE ON THE NEXT PAGE
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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
PLAY-WELL TEKNOLOGIES
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2020-560 90,000.00
Amendment 2 10,000.00
- - 100,000.00
Petra Patton
Area Manager
Jul 5, 2023
Christopher D. Jensen
Director of Parks and Recreation
Jul 5, 2023
Jul 5, 2023
Educational Technology Camps/Classes
Final Audit Report 2023-07-05
Created:2023-07-03
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAALATpbD8KgbqTvxJErmaZ-O_K6TSibrdF
"Educational Technology Camps/Classes" History
Document created by City of Cupertino (webmaster@cupertino.org)
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Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
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Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
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Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
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Agreement completed.
2023-07-05 - 9:12:56 PM GMT