09-001 Melody Academy of Music~:#~Y QF
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
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BY THIS AGREEMENT made and entered into on the 12th day of December, 2008 by and between the CITY'OF
CUPERTINO (Hereinafter referred to as CITY) and (1) Melody Academy of Music (2) Chia-Yin Wu /Melody Wu 813
Ross Ct. Palo Alto, CA 94303 (650)-424-1999. (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 music classes.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A 8~ Exhibit B
TERMS: The services and/or materials furnished under this Agreement shall commence on January 1, 2009 and shall
be completed before June 30, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
75% of resident fee, minus a $10.00 administration fee per participant.
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 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: Rachelle Sander
DEPARTMENT
Parks 8~ Recreation
ENTERED
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:
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APPROVALS
CITY UP RTINO:
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By:
Title: Re reation Coordin ator- Rachelle Sander
EXPENDITURE DISTRIBUTION
RT E T HEAD DATE ACCOUNT NUMBER AMOUNT
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V' ~Z~ ( ' 580-6349-7014 $8,500.00
Y CL RK DATE
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CUPERTINO
January 30, 2009
Melody Academy of Music
Chia-Yin Wu /Melody Wu
813 Ross Court
Palo Alto, CA 94303
To Whom It May Concern:
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino. 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