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22-001 Amendment #2 dated 2-6-25 Raj Goel (Amit Goel) for Fitness Instruction1 SECOND AMENDMENT TO AGREEMENT 22-001 BETWEEN THE CITY OF CUPERTINO AND RAJ GOEL (FORMERLY KNOWN AS AMIT GOEL) FOR FITNESS INSTRUCTOR This Second Amendment to Agreement 22-001 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and RAJ GOEL (formerly known as AMIT GOEL), a Sole Proprietorship/Individual (“Contractor”) whose address is CUPERTINO, CA 95014, and is made with reference to the following: RECITALS: A. On July 12, 2022, Agreement 530 (“Agreement”) was entered into by and between City and Contractor for Fitness Instructor. B. On June 20, 2024, City and Contractor agreed to the First Amendment for Fitness Instructor. 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 the undersigned parties as follows: 1. Paragraph 1 of the Agreement is modified to read as follows: Parties. This contract is made by and between the City of Cupertino, a municipal corporation (“City”), and RAJ GOEL (“Contractor”), a Sole Proprietorship/Individual for Fitness Instructor and is effective on the last date signed below (“Effective Date”). 2. Paragraph 14 of the Agreement is modified to read as follows: Coordination of Services. The Parties designate the following persons as Services Coordinators with the responsibility to oversee the delivery of Services in accordance with the terms of this Agreement. Contractor’s designation and any substitution are subject to City approval. For City: Name: Colleen Ferris Position: Recreation Coordinator Contact: colleenf@cupertino.org For Contractor: 3. Paragraph 26 of the Agreement is modified to read as follows: Notices. All notices and instruments pertaining to material provisions of this contract or significant disputes which are required by law or under this contract to be in writing must be sent to the persons listed below. The notices will be deemed effective on the date of 2 personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth (5th) calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission. To City of Cupertino: Office of the City Manager 10300 Torre Ave., Cupertino, CA 95014 Cc: Representative/Coordinator: Colleen Ferris Email: colleenf@cupertino.org To Contractor: RAJ GOEL 4. Exhibit C and D are replaced with a new Exhibit C and D attached hereto. 5. 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 RAJ GOEL By Title Date Fitness Instructor Feb 5, 2025 Christopher D. Jensen Director of Parks and Recreation Feb 5, 2025 Feb 6, 2025 3 EXPENDITURE DISTRIBUTION Item PO Number Amount Base Amount 2023-74, 2024-110 12,000.00 Amendment 1 5,000.00 Amendment 2 0.00 - - 17,000.00 Updated 06/23/21 EXHIBIT C AFFIDAVIT OF NO EMPLOYEES State of California County of Santa Clara City of Cupertino I, the undersigned, declare as follows: I am an independent contractor and the owner of RAJ GOEL. I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers’ compensation insurance to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the City of Cupertino’s contract. I hereby certify that I do not have any employees nor will I have any employees working for me or my business during the term of any service contract with the City of Cupertino. I am not required to have Workers’ Compensation insurance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this ____day of ____________, 2025, at , California. ______________________________ PRINT NAME ______________________________ SIGNATURE 5th February Cupertino Raj Goel Updated 6/23/21 EXHIBIT D Contractor’s Mandated Reporter Declaration The undersigned does hereby certify that: 1. I am a representative of RAJ GOEL; that I am familiar with the facts herein and am authorized and qualified to execute this declaration. 2. I declare that RAJ GOEL has complied with fingerprinting and criminal background investigation requirements with respect to all Contractor’s employees who may have contact with minors in the course of providing services pursuant to the Agreement, and the California Department of Justice has determined that none of those employees has been convicted of a felony, as that term is defined in California Penal Code Section 11105.3. 3. I declare that each coach and administrator shall be required to successfully complete concussion and head injury education at least once, either online or in person, before supervising a participant, as required by California Health and Safety Code Section 124235, et seq. 4. On a yearly basis, all participants shall be required to sign and return a concussion and head injury information sheet in compliance with California Health and Safety Code Section 124235, which may be in the form attached as D-1. 5. That a complete and accurate list of Contractor’s employees, who may come in contact with minors during the course and scope of the Agreement, are included below. 6. All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and have current documentation on file with Contractor. 7. All of the below mentioned employees have received training and understand their responsibilities under the Mandated Reporter laws of this state and are willing and able to comply. List of all Contractor Employees working for the City (if no Employees, identify “self”): Self 8. The Contractor will notify the City of Cupertino in writing of any new employees and will be added to the above list prior to beginning work at the City of Cupertino. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR By Name Title Date 1386923.1 Raj Goel Raj Goel Fitness Instructor Feb 5, 2025 Fitness Instructor Final Audit Report 2025-02-06 Created:2025-02-05 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA-CRv2STE3M754pco_eze3Trd4bXPHOhA "Fitness Instructor" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-02-05 - 10:37:14 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-02-05 - 10:39:31 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-02-05 - 10:39:39 PM GMT- IP address: 52.202.236.132 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-02-05 - 11:30:01 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to for signature 2025-02-05 - 11:30:04 PM GMT Email viewed by 2025-02-05 - 11:56:37 PM GMT- IP address: 74.125.209.7 Signer entered name at signing as Raj Goel 2025-02-06 - 0:01:52 AM GMT- IP address: 73.231.92.214 Document e-signed by Raj Goel ( Signature Date: 2025-02-06 - 0:01:54 AM GMT - Time Source: server- IP address: 73.231.92.214 Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature 2025-02-06 - 0:01:56 AM GMT Email viewed by Christopher Jensen (christopherj@cupertino.org) 2025-02-06 - 0:02:15 AM GMT- IP address: 3.232.50.116 Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen 2025-02-06 - 0:02:46 AM GMT- IP address: 104.1.88.56 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2025-02-06 - 0:02:48 AM GMT - Time Source: server- IP address: 104.1.88.56 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2025-02-06 - 0:02:50 AM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2025-02-06 - 0:03:14 AM GMT- IP address: 52.202.236.132 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2025-02-06 - 0:08:07 AM GMT - Time Source: server- IP address: 98.51.212.207 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-02-06 - 0:08:10 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-02-06 - 0:08:18 AM GMT- IP address: 52.202.236.132 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-02-06 - 5:33:54 PM GMT - Time Source: server- IP address: 73.241.178.249 Agreement completed. 2025-02-06 - 5:33:54 PM GMT