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HomeMy WebLinkAbout24-001 National Academy of Athletics Amendment #1 dated 04.07.2026 for Youth Sports Programs1 FIRST AMENDMENT TO AGREEMENT 24-001 BETWEEN THE CITY OF CUPERTINO AND NATIONAL ACADEMY OF ATHLETICS FOR YOUTH SPORTS PROGRAMS This First Amendment to Agreement 24-001 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and National Academy of Athletics, a Limited Liability Company (“Contractor”) whose address is 1260 N Dutton Ave Suite 239, Santa Rosa, CA 95401, and is made with reference to the following: RECITALS: A. On February 07, 2024, Agreement 24-001 (“Agreement”) was entered into by and between City and Contractor for Youth Sports Programs with a term expiring on March 31, 2026. B. City and Contractor desire to continue Contractor’s Services to the City under the Agreement, and hereby affirm their intent that it remains in full force and effect as amended and reinstated by this First Amendment. C. 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 3 of the Agreement is modified to read as follows: This contract begins on the Effective Date and ends on 03/31/2029 (“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 B of the Agreement is replaced with a new Exhibit B-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. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 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 Senior Assistant City Attorney ATTEST: City Clerk Date NATIONAL ACADEMY OF ATHLETICS By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Base Amount 165,000.00 1st Amendment 0.00 - - 165,000.00 MIssy Bradley-Palala Apr 7, 2026 Area Captain Rachelle Sander Apr 7, 2026 Director of Parks and Recreation Lauren Sapudar Apr 7, 2026 04/01/2026 Hindsight Insurance Services 3478 Buskirk Ave. Suite 1000 Pleasant Hill, CA 94523 Lisa Melendez (800)264-4637 (888)259-5561 Lisa@Hindsightins.com 00001284-0 523 National Academy of Athletics, LLC 1260 N Dutton Ave Ste 205 Santa Rosa, CA 95401-4686 Philadelphia Indemnity Insurance Company 18058 A Y Y PHPK2658882-012 03/02/2026 03/02/2027X X X 2,000,000 100,000 excluded 1,000,000 3,000,000 3,000,000 Philadelphia Indemnity Insurance Company 18058 A Y PHPK2658882-012 03/02/2026 03/02/2027 X X 1,000,000 Philadelphia Indemnity Insurance Company 18058 A PHUB901719-007 03/02/2026 03/02/2027 X X 10,000 5,000,000 Employers Preferred Insurance Company 10346 B Y EIG261050108 03/02/2026 03/02/2027 Y X 1,000,000 1,000,000 1,000,000 Philadelphia Indemnity Insurance Company 18058 A PHPK2658882-012 03/02/2026 03/02/2027Sexual/PhysicalAbuse Aggregate $2,000,000 Gerber Life Insurance Company C 05-072980-26 03/02/2026 03/02/2027Accident & Medical Limit Per Accident 25,000 City of Cupertino, Its City Council, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, Volunteers, and Consultants Certificate are included as an Additional Insured per Endorsement , PI-AS-010 (04/04). Waiver of Subrogation applies to the Worker's Compensation per Endorsement WC 040306 and General Liability per Endorsement CG24040509. Additional Insured for the Business Auto per Endorsement CA 20480299 No Deductible or Self Retention for General Liability, Hired and Non Owned Auto or Sexual Abuse and Molestation. City of Cupertino Parks and Recreation 10300 Torre Ave Cupertino, CA 95014 (LMM) Printed by LMM on 04/01/2026 at 10:05AM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: 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 COMPENSATION AND 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 RENTED CLAIMS-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 AGG $JECT OTHER:$ 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 LIMIT $DESCRIPTION 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. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY 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 ACORD 25 (2025/12)© 1988-2025 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE PI-AS-010 (04/04) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED: OWNERS AND / OR LESSORS OF PREMISES, LESSORS OF LEASED EQUIPMENT, SPONSORS OR CO- PROMOTERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This policy is amended to include as an additional Insured any person or organization of the types designated below, but only with respect to liability arising out of your operations: 1. Owners and / or lessors of the premises leased, rented, or loaned to you, subject to the following additional exclusions: a. This insurance applies only to an “occurrence” which takes place while you are a tenant in the premises; b. This insurance does not apply to “bodily injury” or “property damage” resulting from structural alterations, new construction or demolition operations performed by or on behalf of the owner and / or lessor of the premises; c. This insurance does not apply to liability of the owners and / or lessors for “bodily injury” or “property damage” arising out of any design defect or structural maintenance of the premises or loss caused by a premises defect. With respect to any additional insured included under this policy, this insurance does not apply to the sole negligence of such additional insured. 2. Lessor of Leased Equipment, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s) subject to the following additional exclusions: a. This insurance does not apply to any “occurrence” which takes place after the equipment lease expires. 3. Sponsors 4. Co-Promoters PI-GL-005 (07/12) Page of Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: Name of Person or Organization (Additional Insured): SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” arising out of or relating to your negligence in the performance of “your work” for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or ”occurrence” we cover for this Additional Insured. The Additional Insured’s limits of insurance do not increase our limits of insurance, as described in SECTION III – LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. City of Cupertino, Its City Council, Officers, Officials, Employees, Agents, Servants, and Volunteers 06/02/2025 33 35 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1  WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: 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. PHPK2658882-012 City of Cupertino, Its City Council, Officers, Officials, Employees, Agents,Servants, and Volunteers PI-CANXAICH-002 (05/11) Page of THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR CERTIFICATE HOLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS OR CERTIFICATE HOLDERS AI or CH Additional Insured or Certificate Holder Address The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable coverage part: A. In the event we cancel the policy in accordance with the policy’s terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However, failure to mail such notice shall impose no obligation of any kind upon us, our agents or representatives. 1. days before the effective date of cancellation if we cancel for any reason other than for non - payment of premium. As respects Additional Insureds, the above cancellation provision applies only when the Additional Insured shown in the above SCHEDULE is added to the policy by a separate additional insured endorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLDER does not provide additional insured coverage. CH City of Cupertino Parks and Recreation 10300 Torre AveCupertino, CA, 95014 30 2 2 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. (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 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH)If yes, describe underDESCRIPTION OF OPERATIONS below 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 RENTEDPREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE 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 HIREDAUTOS ONLY OCCUR POLICY OTHER: LOCJECTPRO- 03/17/2026 Aaron Bealer 925-825-3100 925-825-3165 aaron@hindsightins.com Employers Preferred Insurance Company 10346 —— —— —— —— —— —— — — —— ———————— — — ——— — — ——————— — ———— — ——————— ——— 4 — A Y Y EIG261050108 03/02/2026 03/02/2027 $1,000,000.00 $1,000,000.00 $1,000,000.00 —— ———————— —— WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective Policy No. Endorsement No.Issued to Premium By: Carrier Code (Ed. 4-84) Authorized Representative Countersigned at on at 12:01 AM standard time, forms a part of Of the WC 04 03 06 © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. Schedule Person or Organization Job Description WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be _____% of the California workers' compensation premium otherwise due on such remuneration. With respect to all employees subject to the workers' compensation laws of the state of California, any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2 This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation 03/02/2026 EIG 2610501 08 NATIONAL ACADEMY OF ATHLETICS, $9,617 00920 EMPLOYERS PREFERRED INS. CO. Youth Sports Programs Final Audit Report 2026-04-08 Created:2026-04-06 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAACopukxJWCHlUaFBMwqVvEFlblybhbFEO "Youth Sports Programs" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-04-06 - 11:48:55 PM GMT- IP address: 35.229.54.2 Document emailed to aracelia@cupertino.org for approval 2026-04-06 - 11:51:13 PM GMT Email viewed by aracelia@cupertino.org 2026-04-06 - 11:51:25 PM GMT- IP address: 13.218.181.224 Signer aracelia@cupertino.org entered name at signing as Araceli Alejandre 2026-04-07 - 0:23:15 AM GMT- IP address: 71.202.76.156 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2026-04-07 - 0:23:17 AM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to missy.naofa@gmail.com for signature 2026-04-07 - 0:23:20 AM GMT Email viewed by missy.naofa@gmail.com 2026-04-07 - 0:23:31 AM GMT- IP address: 66.249.88.161 Signer missy.naofa@gmail.com entered name at signing as MIssy Bradley-Palala 2026-04-07 - 10:17:49 PM GMT- IP address: 162.229.57.225 Document e-signed by MIssy Bradley-Palala (missy.naofa@gmail.com) Signature Date: 2026-04-07 - 10:17:51 PM GMT - Time Source: server- IP address: 162.229.57.225 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2026-04-07 - 10:17:55 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2026-04-07 - 10:18:02 PM GMT- IP address: 3.238.29.46 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2026-04-08 - 0:55:45 AM GMT - Time Source: server- IP address: 98.33.114.31 Document emailed to rachelles@cupertino.org for signature 2026-04-08 - 0:55:48 AM GMT Email viewed by rachelles@cupertino.org 2026-04-08 - 0:55:55 AM GMT- IP address: 54.88.210.17 Signer rachelles@cupertino.org entered name at signing as Rachelle Sander 2026-04-08 - 1:03:04 AM GMT- IP address: 98.51.212.207 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2026-04-08 - 1:03:06 AM GMT - Time Source: server- IP address: 98.51.212.207 Document emailed to laurens@cupertino.org for signature 2026-04-08 - 1:03:09 AM GMT Email viewed by laurens@cupertino.org 2026-04-08 - 1:03:16 AM GMT- IP address: 98.81.245.57 Signer laurens@cupertino.org entered name at signing as Lauren Sapudar 2026-04-08 - 1:04:54 AM GMT- IP address: 64.165.34.3 Document e-signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-04-08 - 1:04:56 AM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2026-04-08 - 1:04:56 AM GMT