Loading...
20-001 Snapology of Los Gatos dba SV Kids Corp. Amendment #1 08-26-20211 FIRST AMENDMENT TO AGREEMENT 20-001 BETWEEN THE CITY OF CUPERTINO AND SNAPOLOGY OF LOS GATOS DBA SV KIDS CORP. FOR ENRICHMENT STEAM PROGRAMS This First Amendment to Agreement 20-001 between the City of Cupertino and Snapology of Los Gatos DBA SV Kids Corp., for reference dated September 04, 2020, 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 1147 Holly Ann Place, San Jose, CA 95120, 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. 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. Compensation 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 $57,000.00 (“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 of the Agreement is replaced with new Exhibit A-1 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. 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 PO #2021-59, 2022-112 580-62-613 700-702 Original $21,000 Amendment #1: $36,000 Amendment #2: Total: $57,000 Amita Dhingra CFO Aug 25, 2021 Christopher D. Jensen Assistant Director of Parks and Recreation Aug 26, 2021 Aug 26, 2021 Updated 04/15/20 EXHIBIT A 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 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 $57,000.00. 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 performan ce 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. 02/05/2021 Rodgers Insurance Group, Inc. Suite 505, Foster Plaza V 651 Holiday Drive Pittsburgh PA 15220 Michelle LoFaso (412) 922-1651 (412) 922-5117 SV Kids Corp. DBA: Snapology of Los Gatos 1147 Holly Ann Place San Jose CA 95120 Markel Insurance Company 38970 Travelers Property Casualty Co CL212539170 A Y CCP7499-02 02/25/2021 02/25/2022 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 Abuse and Molestation 1,000,000 A CCP7499-02 02/25/2021 02/25/2022 B UB-0R242079-21 05/07/2021 05/07/2022 1,000,000 1,000,000 1,000,000 The City of Cupertino, its City Council, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, Volunteers and Consultants are listed as additional insured with respect to General Liability coverage. General liability is on a primary and non contrributory basis. Cancellation notice applies. Waiver of subrogation is included. The City of Cupertino Parks and Recreation Department 10300 Torre Ave Cupertino CA 95014 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Y 1,000,000 Enrichment Steam Programs Final Audit Report 2021-08-26 Created:2021-08-25 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAoGzbZHUwKOv9GiaeXBIQGv1EKT9YljGO "Enrichment Steam Programs" History Document created by City of Cupertino (webmaster@cupertino.org) 2021-08-25 - 9:34:39 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2021-08-25 - 9:37:03 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-08-25 - 10:01:17 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Amita Dhingra (vdubal@snapology.com) for signature 2021-08-25 - 10:01:20 PM GMT Email viewed by Amita Dhingra (vdubal@snapology.com) 2021-08-25 - 10:02:53 PM GMT- IP address: 107.77.212.226 Document e-signed by Amita Dhingra (vdubal@snapology.com) Signature Date: 2021-08-26 - 3:58:23 AM GMT - Time Source: server- IP address: 73.231.180.151 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-08-26 - 3:58:26 AM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-08-26 - 4:04:58 AM GMT- IP address: 174.194.199.15 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2021-08-26 - 10:36:58 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2021-08-26 - 10:37:00 PM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2021-08-26 - 10:44:13 PM GMT- IP address: 104.47.74.126 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2021-08-26 - 10:44:55 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-08-26 - 10:44:57 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-08-26 - 10:45:12 PM GMT- IP address: 104.47.73.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2021-08-26 - 10:45:21 PM GMT - Time Source: server- IP address: 162.245.22.179 Agreement completed. 2021-08-26 - 10:45:21 PM GMT