09-001 The Techknowhow, Inc, Luis PalaciosAGREE~/IENT
CITY OF CUPI=RTINO
10300 Torre ~~venue
Cupertino, CA 95014
3 0 ~ (408) 777-3200 NO. ~ ~~~~
~ ~ Fiscal Year 09 10
BY THIS AGREEMENT made and entered into on the 17'h day cf June, 2009 by and between the CITY OF CUPERTINO,
CA (Hereinafter referred to as CITY) and (1) The Techknowho~nr Inc. 12) Luis Palacios
Address: 1980 Arroyo Avenue City: San Carlos Zip: 94070 Phone: _(650) 474-0491
(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 sE~rvices and/or materials:
Instruction of children's Lego ®and technology Camps and classes.
EXHIBITS: The following attached exhibits hereby are made pact of this Agreement: Exhibit A and B
TERMS: The services and/or materials furnished under this Agreement shall commence on July 1, 2009 and shall be
completed before August 31, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
75% of resident fee, minus a $ 10.00 administrative fee per participant
ENTERED
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harrnless the CITY, its officers, agents, and employees from
any and all damage and liability of every nature, including all co~;ts 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 insurabilit~~, 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 ary contracts or other
obligations in executing this Agreement. CONTRACTOR certifiE~s 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 c)f the CITY.
CONTRACT COORDINATOR and representative for CITY shall be:
NAME: Susan Lewis DEPARTMENT: Parks 8~ 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.
CONTRACTOR:
Title: p+~'~~~.-~'~
Social Security #: ~~~- ~ ~~~ (J Z~
CITY 01= CUPERTINO:
By: c~.iwa,.~. (.1,L,,,..a
Title: Recreation Coordinator
APPROVALS
EXPENDITURE DISTRIBUTION
RTAA HEAD DATE ACCOUNT NUMBER AMOUNT
.~ "
' - ~ 580-6349-7014 $ 15,000.00
L K DATE
~~ ~ ~ ~ ~~
~
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EXHIBI~r A
1. The City reserves the right to terminate tf~is Agreement with 30 days notice. The
Contractor may terminate this Agreement v~~ith a 30-day written notice.
2. In the event that the contractor has employE~es who will assist in the performance of
this Agreement, Contractor shall file with City a Certificate of Worker's
Compensation insurance and for those instiructing 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, ~~ity 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, a~t any time, observe the manner in which
such services are being performed by the Contractor.
5. The Contractor shall comply with all applic~~ble Federal, State, and local laws and
ordinances including, but not limited to, unE~mployment 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 (~~elvices)
1. The services to be performed by CONTRACTOR:
The contractor shall provide Motor Madness with Leg~~s ®, Cool Construction with K'NEX ®, Extreme
Builders -Advanced Lego O & Game Design, NXT Frobotics and Green Machines, Spybot Robotics,
and Game Design Camps to participants enrolled in Cupertino Parks and Recreation summer
programs.
2. The times and places CONTRACTOR will perform the services:
Motor Madness: Fun with Monday to Friday 9:00 am to 12:00 pm 6-9 years
Le o® 6/22 to 6/26 h~VRC -Kitchen
Cool Construction with Monday to Friday 1:30 pm to 4:30 pm 6-9 years
K'nex® 6/22 to 6/26 MVRC -Kitchen
NXT Robotics and Green Monday to Thursday 9:00 am to 3:30 pm 10-14 years
Machines 6/29 to 7/2 MVRC Kitchen
Beginning Game Design Monday to Friday 9:00 am to 3:30 pm 10-14 years
7/6 to 7/10 MVRC -Kitchen
Spybot Robotics Monday to Friday 9:00 am to 3:30 pm 6-9 years
7/13 to 7/17 MVRC -Kitchen
Game Design: 3D Racing Monday to Friday 9:00 am to 3:30 pm 10-14 years
and Side-Scroller 7/20 to 7/24 11~VRC -Kitchen
Game Design: 3D Monday to Friday 9:00 am to 3:30 pm 10-14 years
Adventure and 3D Areana 7/27 to 7/31 A~VRC -Kitchen
Extreme Builders: Monday to Friday 9:00 am to 3:30 pm 7-9 years
Advanced Le os® 8/3 to 8/7 ~~VRC -Kitchen
3. The number and eligibility of persons to receive the service:
Spybot ,Cool Construction, Game Design
Extreme Builders &
Motor Madness
Minimum: 8 Minimum: 10
Maximum: 20 Maximum: 25
4. Payment to CONTRACTORS for services:
Payment made on 7/10/09 and 8/14/09
CLASSES WILL NOT BE HELD ON: 7/3
THE CONTRACTOR SHALL FOLLOW ALL GUIIDELINES 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 FART IN THE PROGRAM. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cul~ertino.org
CUPERTINO
July 13, 2009
The Techknowhow, Inc
Luis Palacios
1980 Arroyo Avenue
San Carlos, CA 94070
To Whom It May Concern:
A copy of the fully executed agreement with the City of Cupertino is enclosed. If you have
any questions or need additional information, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure