09-001 Joyful Melodies, Carol Liu (2)cr~r~ ~r
AGREEMENT
~', CITY OF CUPERTINO
`~_~~ 10300 Torre Avenue
j ~ ~ Cupertino, CA 95014 ~,,
,i' ~~ (408) 777-3200 NO~~ ~"~~~
~ ~3 ~~ E' fi't' t ~ Ca ~/ FY 89-49--
E~`-t~
BY THIS AGREEMEN 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) Joyful Melodies (2) Carol Liu 10455 Bandley Drive, Suite #300,
Cupertino, CA 95014, (408) 472-3725 (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:
70% of the resident fee, minus a $10 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 ~ 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:
J.
By: ti
Title: r Z
Social Security #: ~~-'
- -~
APPROVALS
CITY f} UPERTINO: ~
/ y l~,
Title: Recreation Coordin r- Rachelle Sander
EXPENDITURE DISTRIBUTION
D gE?TM N HEAD ~ DATE ACCOUNT NUMBER AMOUNT
D ~W. ~~' , ~ ~*, ~
~ 580-6349-7014 $9,000.00
L
DATE
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.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 pertormed by CONTRACTOR:
The contractor shall provide instruction of music classes to students enrolled in the Cupertino Parks and
Recreation Department Program.
2. The times and places CONTRACTOR will perform the services:
WINTER Classes
Music Makers Wednesda 1/7-3/25 10:30am- 11:15am U to 3Y Jo ful Melodies
Percussion Ensemble Thursday 1/8-3/26 S:OOpm- 6:OOpm 5Y- 9Y Joyful Melodies
Saturday 1/10-3/28 10:15am- 11:15am
Bilingual Chinese & Thursday 1/8-3/26 10:30am- 11:15am Up to 4Y Joyful Melodies
English Music Class Friday 1/9-3/28 10:30am-11:15am
Saturday 1/10-3/28 10:OOam- 10:45am
Tuesday 1/6-3/24 4:OOpm-4:45pm 4-6Y
Thursda 1/8-3/28 4:00 m-4:45 m
Little Mozart Tuesday 1/6-3/24 10:30am- 11:15am 3Y-5Y Joyful Melodies
Tuesday 1/6-3/24 3:OOpm- 3:45pm
Thursday 1/8-3/26 3:OOpm-3:45pm
Saturday 1/10-3/28 11:15am- 12:OOpm
Children's Singing Thursday 1/8-3/26 6:OOpm-7:OOpm 5Y+ Joyful Melodies
Ensemble
Grou Recorder Class Frida 1/9-3/27 5:00 m-6:00 m 5Y+ Jo ul Melodies
Group Guitar Youth Wednesday 1/7-3/25 6:OOpm- 7:OOpm 6Y-12Y Joyful Melodies
Saturday 1/10-3/28 4:OOpm- 5:OOpm
Group Guitar for Teens Wednesday 1/7-3/25 7:OOpm- 8:OOpm 13Y-18Y Joyful Melodies
Group Guitar Adult Wednesday 1/7-3/25 8:OOpm-9:OOpm 19Y+ Joyful Melodies
Grou Violin for Adult Monda 1/5-3/23 10:OOam-11:OOam 18Y+ Jo ful Melodies
Group Piano for Adult Tuesday 1/6-3/24 10:OOam-11:OOam 18Y+ Joyful Melodies
SPRING Classes
Group Recorder Class Friday 4/10-6126 S:OOpm-6:OOpm 5Y+ Joyful Melodies
Group Guitar Youth Wednesday 4/8-6/24
Saturday 4/11-6/27 6:OOpm- 7:OOpm
4:OOpm- S:OOpm 6Y-12Y Joyful Melodies
Adult Group Keyboard Thursday 4/9-6/25 7:OOpm-8:OOpm 18Y+ Joyful Melodies
Bilingual Chinese and
English Music Class Thursday 4/9-6/25
Friday 4/10-6/26
Saturday 4/11-6/27 10:30am- 11:15am
10:30am- 11:15am
10:OOam- 10:45am Up to 4Y Joyful Melodies
Group Guitar Teen Wednesday4/8-6/24 7:OOpm- 8:OOpm 13Y-18Y Joyful Melodies
3. The number and eligibility of persons to receive the service:
Minimum: 2
Maximum: 10
4. Payment to CONTRACTORS for services:
Payments will be made one week after the end of services.
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
PARTICIPANTS AFTER CLASS UNTIL THEIR PARENT/GUARDIAN HAS ARRIVED.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORF~E AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
January 30, 2009
Joyful Melodies
Carol Liu
10455 Bandley Drive, Suite #300
Cupertino, CA 95014
To Whom It May Concern:
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