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20-001 Rajiv Jamuar DBA Sunshine Unlimited DBA Skyhawk SportsChristine Hanel Asst. Director, Parks & Rec May 20, 2020 Christine Hanel May 20, 2020 Updated 4/15/20 EXHIBIT A SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES The CONTRACTOR will provide MULTI-SPORTS CAMPS in, but not limited to, the following: BASEBALL CAMP, BASKETBALL CAMP, CHERRLEADING CAMP, LACROSSE CAMP, MINI-HAWK: MULTI-SPORT CAMP, MULTI-SPORT CAMP, SOCCER CAMP, VOLLEYBALL CAMP, TRACK AND FIELD CAMP, FLAG-FOOTBALL CAMP; STEM VARIANTS Location and Time of CONTRACTOR Services: Refer to the Recreation Schedule dated SPRING/SUMMER 2020 & SPRING/SUMMER 2021 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, 63% of the resident registration fee. 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 $137,758.54. Eligible Participant Minimum and Maximums for CONTRACTOR Services: Minimum: VARIES(8-15) Maximum: VARIES(12-50) 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”): __Kyle Campbell_____ __Travaun Morrow__ ____________________ ____________________ __Ashley Boomer____ ___Adamari Nieves__ ____________________ ____________________ Updated 4/15/20 ____Justin Malong___ __Chris Warren______ ____________________ ____________________ ___Jacob Maniscalco_ Katelin Zweifel - Korzuchin ____________________ ____________________ _Alexis Mathias_____ ____________________ ____________________ ____________________ Performance of CONTRACTOR Services 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. ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD SUNSHI0 OP ID: 1C 03/26/2020 RPS Bollinger Sports & Leisure PO Box 390 Short Hills, NJ 07078 Carolyn D. Budelman 800-446-5311 973-921-8474 *Markel Insurance Company Rajiv Jamuar dbaSunshine Unlimited dbaSkyhawks Sports60 A X 1,000,000 09/12/2019 09/12/2020 100,000 X 5,000 1,000,000 5,000,000 X 1,000,000 $1m/$2m 1,000,000A 09/12/2019 09/12/2020 XX A 09/12/2019 09/12/2020 Med Max 25,000 Full Excess Ded 250 Certificate holder is included as an additional insured. Coverage is provided under these policies only for sponsored/supervised activities of the named insured for which a premium has been paid. CUPE001 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 800-446-5311 38970 Abuse/Mol Incl Particpants Accident Insurance - Insured : Policy No: Policy Period : Sunshine Unlimited dba Skyhawks Rajiv Jamuar and Sudeepta Jamuar dba 60 Descanso Drive,Unit 1302 San Jose,CA 95134 09-12-2019 09-12-2020 COVER SHEET POLICY NUMBER: MIC INVOICE(01/95)Markel Insurance Company Invoice CG2026(04/13)ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION CG2404(05/09)WAIVER OF TRANSFER OF RIGHTS OF RECOVERY IL1201(11/85)POLICY CHANGES-BLANK New Products Insured Copy This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION Copyright,Insurance Services Office,Inc.,2012CG20260413 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 SCHEDULE POLICY NUMBER: Page 1 of 1 1. Name Of Additional Insured Person(s)Or Organization(s): Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury" caused,in whole or in part,by your acts or omis- sions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing opera- tions;or 2.In connection with your premises owned by or rented to you. 2. The insurance afforded to such additional in- sured only applies to the extent permitted by law;and A. However: If coverage provided to the additional insured is required by a contract or agreement,the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to pro- vide for such additional insured. With respect to the insurance afforded to these additional insureds,the following is added to Section III -Limits Of Insurance: B. 1.Required by the contract or agreement;or If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 2.Available under the applicable Limits of Insur- ance shown in the Declarations; whichever is less. This endorsement shall not increase the applica- ble Limits of Insurance shown in the Declarations. The City of Cupertino,its City Council,officers,officials,employees,agents, servants,and volunteers 10300 Torre Avenue Cupertino,CA 95014 This end orsem ent m o difies insu rance provided u nder the fo llow ing: THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 Copyright,Insurance Services Office,Inc.,2008CG24040509 CO M M ERCIA L G EN ERA L LIA BILITY CO VERA G E PA RT PRO DUCTS/CO M PLETED O PERA TIO NS L IA BILITY CO VERA G E PA RT SCHEDULE POLICY NUMBER: Page 1 of 1 The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV-Conditions: Name Of Person Or Organization: Information required to complete this Schedule,if not shown above,will be shown in the Declarations. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the "products-completed operations hazard".This waiver applies only to the person or organization shown in the Schedule above. The City of Cupertino,its City Council,officers,officials,employees,agents, servants,and volunteers 10300 Torre Avenue,Cupertino CA 95014 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. POLICY CHANGES THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW: Authorized Representative Signature POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY NAMED INSURED AUTHORIZED REPRESENTATIVE CHANGES The above amendment(s)result in a change in premium as follows: ADDITIONAL PREMIUM RETURN PREMIUMNOCHANGESTOBEADJUSTED AT AUDIT $$ IL 12 01 11 85 Copyright,ISO Commercial Risk Services,Inc.,1983 Policy Change Number ______________________________ COVERAGE PARTS AFFECTED It is understood and agreed that the following has been added to the policy as an additional insured: The City of Cupertino,its City Council,officers,officials,employees,agents, servants,and volunteers 10300 Torre Ave Cupertino CA 95014 It is also understood and agreed that form CG2404 is added to the policy, but only with respect to the above additional insured. All other terms and conditions remain unchanged. 0.00 3 Markel Insurance Company03-25-2020 Sunshine Unlimited dba Skyhawks JOHN K.CLARK Rajiv Jamuar and Sudeepta Jamuar dba JOHN K.CLARK 03-26-2020JLU Sunshine Unlimited Contract Final Audit Report 2020-05-20 Created:2020-05-14 By:Kevin Khuu (KevinK@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAPqNAX53cWzvw6Sv1xyz9pw84knbKfIAb "Sunshine Unlimited Contract" History Document created by Kevin Khuu (KevinK@cupertino.org) 2020-05-14 - 0:31:07 AM GMT- IP address: 73.158.53.147 Document emailed to Christine Hanel (christineh@cupertino.org) for signature 2020-05-14 - 0:33:40 AM GMT Email viewed by Christine Hanel (christineh@cupertino.org) 2020-05-14 - 2:39:42 AM GMT- IP address: 104.47.44.254 Email viewed by Christine Hanel (christineh@cupertino.org) 2020-05-20 - 4:41:54 PM GMT- IP address: 104.47.45.254 Document e-signed by Christine Hanel (christineh@cupertino.org) Signature Date: 2020-05-20 - 4:45:36 PM GMT - Time Source: server- IP address: 73.241.47.109 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2020-05-20 - 4:45:38 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2020-05-20 - 6:25:36 PM GMT- IP address: 104.47.45.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2020-05-20 - 6:25:47 PM GMT - Time Source: server- IP address: 148.64.105.190 Signed document emailed to Kevin Khuu (KevinK@cupertino.org), Kirsten Squarcia (kirstens@cupertino.org), cyrahc@cupertino.org, and Christine Hanel (christineh@cupertino.org) 2020-05-20 - 6:25:47 PM GMT