09-001 Musical Me Inc, Lizz AndersonC#TY OF
AGREEMIENT
CITY OF CUPS=RTINO
10300 Torre E~venue
' Cupertino, CPS 95014 //AA
GUPERTIEVO ~ y~ (408) 777-:.200 NO/~~b`f"~~
BY THIS AGRE MENT made and entered into on the 12th dray of June, 2009 by and between the CITY OF CUPERTINO
(Hereinafter referred to as CITY) and (1) Musical Me Inc (2) Lizz Anderson PO Box 493 Capitola, CA 95010 (831) 462-
5195. (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 thi:~ Agreement shall commence on July 1, 2009 and shall be
completed before December 19, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
80% of resident fee, minus a $10.00 administration fee per participant.
GENERAL TERMS AND CONDITIONS:
Hotd 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 l~greement 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 consE;nt of the CITY.
CONTRACT COORDINATOR and representative for CITY shall be: f~
NAME: Rachelle Sander DEPARTMENT: Parks ~ Recreation
This Agreement shall become effective upon its execution try CITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRAOTOR:
By:
Title: ~ ~ ~ ~/
Social Security #: ~ ~ ~'cC-J z - 7~ ~S
APPROVALS
CIT'>! OF CUPERT NO:
B Q ~ L%1,~
y.
Title: Recreation Coordin or- Rachelle Sander
(EXPENDITURE DISTRIBUTION
E TMENT HEAD DATE ACCOUNT NUMBER AMOUNT
~ ~ . ,~ c~ 580-6349-7014 $10,000.00
LERK DATE
EXH1131T 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 ~~greed 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 ordin~~nce.
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 instruction of music cl~isses to students enrolled in the Cupertino Parks
and Recreation Department Program.
2. The times and places CONTRACTOR will perform the services:
SUMMER Classes
Music Together Wed 6/24 FREE DEMO
Thurs 6/25 FREE DEMO 3:30 pm, 4:30 pm, & 5:30 pm
9:30am, 10:30 am, 11:30 am Up to 6Y QCC- Music Room
Music To ether Wednesda 7/8-8/12 3:30 m, 4:30 m & 5:30 m U to 6Y QCC- Music Room
Music To ether Thursday 7/9-8/13 9:30am, 10:30 am, & 11:30 am Up to 6Y QCC- Music Room
Music Together Friday 7/10-8/14 9:30am, 10:30 am, & 11:30 am Up to 6Y QCC- Music Room
FALL Classes
Music Together Wed 9/2 FREE DEMO 3:30 pm, 4:30 pm, & 5:30 pm Up to 6Y QCC- Music Room
Music Together Fri 9/4 FREE DEMO 9:30am, 10:30 am, & 11:30 am Up to 6Y QCC- Music Room
Music To ether Wednesda 9/16-12/9 3:30 m, 4:30 m & 5:30 m U to 6Y QCC- Music Room
Music To ether Thursday 9/17-12/10 9:30am, 10:30 am, & 11:30 am Up to 6Y QCC- Music Room
Music Together Friday 9/18-12/11 9:30am, 10:30 am, & 11:30 am Up to 6Y QCC- Music Room
3. The number and eligibility of persons to receive the service:
Minimum: 6
Maximum: 12
4. Payment to CONTRACTORS for services:
~- Payments will be made one week after the end of services.
CLASSES WILL NOT BE HELD ON: 7/3-7/4, 9/7, 11/11, & 11/26-11/27.
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~-RTICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVE~IUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupf~rtino.org
CUPERTINO
July 6, 2009
Musical Me, Inc
Lizz Anderson
PO Box 493
Capitola, CA 95010
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