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20-001 Rajiv Jamuar DBA Sunshine Unlimited DBA Skyhawk Sports - Amendment #1 09-27-20211 FIRST AMENDMENT TO AGREEMENT 20-001 BETWEEN THE CITY OF CUPERTINO AND SUNSHINE UNLIMITED DBA SKYHAWKS SPORTS FOR MULTI-SPORTS CAMPS This First Amendment to Agreement 20-001 between the City of Cupertino and Rajiv Jamuar DBA Sunshine Unlimited DBA Skyhawks Sports, for reference dated 9/27/2021, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Rajiv Jamuar DBA Sunshine Unlimited DBA Skyhawk Sports, a Sole Proprietor (“Contractor”) whose address is 2530 Berryessa Rd, Unit 715, San Jose, CA 95132, and is made with reference to the following: RECITALS: A. On 5/20/2020, Agreement 20-001 (“Agreement”) was entered into by and between City and Contractor for Multi-Sports Camps. 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. TERM Paragraph 3 of the Agreement is modified to read as follows: This contract begins on the Effective Date and ends on 06/30/2022 (“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. Exhibit A of the Agreement is modified as follows:/ 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__________________________ CONTRACTOR By Title Date__________________________ EXPENDITURE DISTRIBUTION PO #2020-543, 2022-49 580-63-620 700-702 Original $137,758.54 Amendment #1: $0.00 Amendment #2: Total: $137,758.54 Rajiv Jamuar Owner Oct 11, 2021 Christopher D. Jensen Assistant Director of Parks and Recreation Oct 11, 2021 Oct 11, 2021 Updated 06/23/21 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, Cheerleading 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 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, 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 Justin Malong Chris Warren Jacob Maniscalco Kathelin Zweifel- Korzuchin Updated 06/23/21 Alexis Mathias Contractor 10 Contractor 11 Contractor 12 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 any restrictions on travel or social distancing or other requirements set forth in any health order issued by any local, state, or federal authority, 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 all applicable Health Laws when preforming work under this Agreement. If this Agreement specifies work that cannot be performed in compliance with the 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 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 09/23/2021 RPS Bollinger Sports & Leisure PO Box 1322 Morristown, NJ 07960 Carolyn D. Budelman *Markel Insurance Company Rajiv Jamuar dbaSunshine Unlimited dbaSkyhawks Sports60 A X 1,000,000 X X X 09/12/2021 09/12/2022 100,000 X 5,000 1,000,000 5,000,000 X 1,000,000 $1m/$2m 1,000,000A 09/12/2021 09/12/2022 X X A 09/12/2021 09/12/2022 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 38970 Abuse/Mol Incl Particpants Accident Insurance Multi-Sports Camps Final Audit Report 2021-10-11 Created:2021-10-05 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA8LCWNWwlwSSSJCW1Skgxjxfrecs501CX "Multi-Sports Camps" History Document created by City of Cupertino (webmaster@cupertino.org) 2021-10-05 - 8:49:17 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2021-10-05 - 8:51:08 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-10-05 - 10:23:54 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Rajiv Jamuar (rjamuar@skyhawks.com) for signature 2021-10-05 - 10:23:56 PM GMT Email viewed by Rajiv Jamuar (rjamuar@skyhawks.com) 2021-10-11 - 6:17:56 PM GMT- IP address: 66.249.80.22 Document e-signed by Rajiv Jamuar (rjamuar@skyhawks.com) Signature Date: 2021-10-11 - 6:19:01 PM GMT - Time Source: server- IP address: 216.228.117.190 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-10-11 - 6:19:04 PM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-10-11 - 6:25:50 PM GMT- IP address: 136.24.42.212 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2021-10-11 - 6:27:12 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2021-10-11 - 6:27:15 PM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2021-10-11 - 6:27:29 PM GMT- IP address: 104.47.74.126 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2021-10-11 - 6:33:22 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-10-11 - 6:33:25 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-10-11 - 8:00:23 PM GMT- IP address: 69.110.137.176 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2021-10-11 - 8:00:36 PM GMT - Time Source: server- IP address: 69.110.137.176 Agreement completed. 2021-10-11 - 8:00:36 PM GMT