09-001 Play-Well Teknologies-'5.....
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AGREEMENT
CITY OF CUPERTINO
10300 Torre Avt:nue
Cupertino, CA 95014
(408} 777-3200
No..(~ ..~ ~ C?~
Fiscal Year ~ p~-fl~
BY THIS AGR'EC-AA~ENT made and entered into on the 22nd day of January, 2t)08 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY} and (1} Play_Well Teknolos~ies (2~Jordan Roth
Address: 216 Greenfield Avenue City: San Anselmo Zip; 94960 Phone: X415) 385-3609
(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:
Engineering Fundamentals with t_egos ~ class for the Afterschool Enrichment program.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A and B
TERMS: The services and/or materials furnished under this Agreement shall commence on April 1, 2409 and shall be
completed before June 5. 2009.
COMPENSATION: Far the full performance of this Agreement, CITY shall pay CONTRACTOR;
~ 14.50 per participant per class.
GENERAL TERMS AND CONDITIONS:
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 nat 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: E'TEED
NAME: Susan Lewis DEPARTPAENT: Parks ~ Recreation
This Agreement shall become effective upon its execution by CITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
Digitally signed by Jordan Roth
CONTRACTOR: = ' _ DN:c^=Jordan Roth, o,ou, CITY OF CUPERTINO:
email=Jordanro[h@gmaiLcom,
c=US
Date: 2009.03.04 12:21:02 -08'00'
gy
Title: Area Manager, Play-Well TEKnologies
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APPROVA#_S
By: ~~o~',~.__~~~-ms's,.--^~
Title: Recreation Coordinator
EXPEINDITURE DISTRIBUTION
D RT EN7 HEA DATE ACCOUNT NUMBER AMpUNT
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CI E K DATE
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EXNIBIT~ 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 Cit~,r a Certificate of Worker's
Compensation insurance and for those instructing persons 18 years and younger,
provide fingerprint clearance and current T.Et. 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, Gity may cancel and withdraw form 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.I.C.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 Engineering Fundamentals with Lego ®classes to students enrolled in
the Afterschool Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
School Da Classroorn Time
Monta Vista Rec Center Monda Kitchen 3:30 m to 5:00 m
Creekside Park Thursda Park Buildin 4:00 m to 5:30 m
Faria Elementa Frida Music-Room 3:10 m to 4:40 m
3. The number and eligibility of persons to receive i:he service:
Minimum: 11
Maximum: 16
4. Payment to CONTRACTORS for services:
Payment made on 4/24/09 and 6/12/09
CLASSES WILL NOT BE HELD ON: 4/13-4/17, 5/21, .5/22, & 5/25
THE CONTRACTOR SHALL FOLLOW ALL GUIDE=LINES 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. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR
PARENTIGUARDIAN HAS ARRIVED.
Play-Well San Francisco 1 San Mateo ~ sar~ta ctaro
Jorcfan~atav-weli.ars~
TEKnologies 415.519.2785
Business Clffiae
tO 216 Greenfieid Avenue
D San Anselmo, CA 94960
www.play-weli.or~ We use <.EGOc~ products to teach design, engineering, and constntc#iot~
The undersigned does hereby certify that:
I am a representative of Play-Well TEKnologies ("Contractor"); that 1 am familiar with the facts herein
certified and am authorized and qualified to execute this certificate.
That Contractor has complied with fingerprinting and criminal background investigation requirements of
California Education Cade section 45125.1 with resf~ect to all Contractor's employees who may have
contact with District pupils in the course of providing; services pursuant to the Contract, 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 Education Code section 451221.
3. That Contractor has a contract with the Department c-f Justice for subsequent arrest. notification service.
Contractor will advise Agency of sub~uent crimin~a history information.
4. That. a complete and accurate list of Contractor's employees who may come in contact with District
pupils during the course and scope ofthe Contract is included below.
"That all staff' has reported a negative tuberculosis test within the past. 2 years and that these test are kept
on file.
6. That Contractor has a certificate afLiability Insurance with the Hartford Insurance Group.
,~'
By: r. , ~~~~'~ T1t71 BOWeri Date: 11118/08
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Contractor Employees:
EAST BAY LOS ANGELES /
SAN DIEGO NORTH B~-Y SAN FRANCISCO/
SOUTH BAY SACRAti3ENT0
John Harden Kate Ackerman Tim Bawc:n Alex Shultman Lynda Weiss
Jeff Harry Dana Brandsema Marco Buancristiani Jahn Henley Ken Leung
Diana Hickey Darren Bleier Nick Gillett Rab Angcay
Erik Olson Vincent Plummer Tam Heckel Jordan Rath
Brian Bouffard Robert Lund Tyler Lorenzi Jordan Felix
Amanda Caak Dauflas Espinoza Tasnine Hunter
Dwayne Kelley
Marc Alan Pan
Michael Rhodes