06-001, Play-Well Technologies, Alex Shullman
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
NO.~_rS-~3-4-
FY 05-06
BY THIS AGREEMENT made and entered into on the 22nd day of March, 2006 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Play- Well Technologies
(2) Alex Shullman 1061 Valencia Street, Apt. B, San Francisco, CA 94110
(Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto
agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Instruction of children's classes.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A, Exhibit B
TERMS: The services and/or materials furnished under this Agreement shall commence on
June 19, 2006 and shall be completed before June 24, 2006.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of the resident fee, minus a $10.00 administrative fee per participant. ~
GENERAL TERMS AND CONDITIONS: U ENTERED
Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY, its officers, agents, and
employees from any and all damage and liability of every nature, including all costs of defending any
claim, caused by or arising out of the performance of this Agreement. CITY shall not be liable for acts of
CONTRACTOR in performing services described herein.
Insurance. Should the CITY require evidence of insurability, CONTRACTOR shall file with CITY a
Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be
subject to the approval of CITY'S Director of Administrative Services.
Non-Discrimination. It is understood and agreed that this Agreement is not a contract of employment in
the sense that the relation of master and servant exists between CITY and undersigned. At all times,
CONTRACTOR shall be deemed to be an independent contractor and CONTRACTOR is not authorized
to bind the CITY to any contracts or other obligations in executing this Agreement. CONTRACTOR
certifies that no one who has or will have any financial interest under this Agreement is an officer or
employee of CITY.
Changes. This Agreement shall not be assigned or transferred without the written consent of the CITY.
No changes or variations of any kind are authorized without the written consent of the CITY.
CONTRACT COORDINATOR and representative for CITY shall be:
NAME: Kelsey Christian
DEPARTMENT: Parks & Recreation
This Agreement shall become effective upon its execution by CITY. In witness thereof,
executed this Agreement the day and year first written above.
CONTRACTOgR:
BY:~----= ~
Title: ~CAI
Sg~~r:.i.tY #: ~ f? - 0'-1/ S'OJ ,/0
APP. OV S
D T HEAD DATE
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
580-6249-7014 $3,000.00
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DATE
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EXHIBIT A
1. The City reserves the right to terminate this Agreement with 30 days notice. The
Contractor may terminate this Agreement with a 30-day written notice.
2. In the event that the Contractor has employees who will assist in the performance of
this Agreement, Contractor shall file with City a Certificate of Worker's Compensation
Insurance and for those instructing persons 18 years and younger, provide fingerprint
clearance and current T.B. test.
3. In the event that less than the required minimum number of participants shall request
and pay for services prior to the agreed upon time for the commencement of services to
be performed by Contractor, City may cancel and withdraw from this Agreement.
4. City shall have no right of control as to the manner Contractor performs the services to
be performed. Nevertheless, City may, at any time, observe the manner in which such
services are being performed by the Contractor.
5. The Contractor shall comply with all applicable Federal, State, and local laws and
ordinances including, but not limited to, unemployment insurance benefits, F.LC.A. laws,
and the City business license ordinance.
6. The Contractor shall not promote his/her business to participants registered in the
City's programs.
EXHIBIT B (Services)
1. The services to be performed by CONTRACTOR:
The contractor shall provide a Pre-Engineering Camp to students enrolled in summer registration.
2. The times and places CONTRACTOR will perform the services:
QCC- Music Room Pre-Engineering Camp Mon.-Fri.
QCC- Music Room Engineering and FUNdamentals Mon.-Fri.
9:00 a.m.-12:00 p.m.
1 :00 p.m.- 4:30 p.m.
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3. The number and eligibility of persons to receive the service:
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Minimum:,JO"",
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MaximUf: 22
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4. Payment to CONTRACTORS for services:
Payment made on June 30, 2006
CLASSES WILL NOT BE HELD ON: N/A
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION
PROCEDURES AS LISTED IN THE RECREATION SCHEDULE. PARTICIPANTS SHOULD
NOT TAKE PART IN THE CLASS UNLESS THEY ARE LISTED ON THE CLASS ROSTER OR
SHOW PROOF OF ENROLLMENT. ALL PARTICIPANTS AND VOLUNTEERS NEED TO
COMPLETE THE WAIVER OF LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM.
CONTRACTORS ARE RESPONSIBLE FOR SUPERVISING P ARTICIP ANTS AFTER
CLASS UNTIL THEIR PARENT/GUARDIAN HAS ARRIVED.