FOURTH AMENDMENT TO AGREEMENT 20-001 BETWEEN THE CITY OF CUPERTINO AND Snapology of Los Gatos DBA SV Kids Corp. FOR Enrichment Steam Programs This Fourth 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 1147 Holly Ann Place, San Jose, CA 95120, and is made with reference to the following:
RECITALS:
On September 04, 2020, Agreement 20-001 (“Agreement”) was entered into by and between City and Contractor for Enrichment Steam Programs.
On August 26, 2021, City and Contractor agreed to the First Amendment for Enrichment Steam Programs.
On July 13, 2022, City and Contractor agreed to the Second Amendment for Enrichment Steam Programs.
On June 28, 2023, City and Contractor agreed to the Third Amendment for Enrichment Steam Programs.
The Agreement, First Amendment, Second Amendment, and Third Amendment are collectively referred to as the “Agreement” unless otherwise indicated.
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:
Paragraph 3 of the Agreement is modified to read as follows:
Term. This contract begins on the Effective Date and ends on 8/31/2026 (“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.
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 $341,105.00 (“Contract Price”), based upon the Scope of Services, budget, performance schedule, and rates included in Exhibit A-2. 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-2 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.
Exhibit A-2 of the Agreement is modified as follows, under Compensation for CONTRACTOR Services:
The total compensation to the Contractor shall not exceed $341,105.00.
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.
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
2021-159
21,000.00
Amendment 1
2022-112
36,000.00
Amendment 2
2022-182, 2023-101
74,000.00
Amendment 3
2024-97
20,000.00
Amendment 4
190,105.00
-
-
341,105.00
2