09-001 Melody Academy of Music (2)CETY OF
AGREEMIENT
CITY OF CUPE_RTINO
10300 Torre ~~venue
' ~ ~ ~ Cupertino, CA, 95014
C I.J P E RT I N O ~ ~- (408) 777-3200 NO. ~~~~~~
FY 09-10
BY THIS AGREEMENT made and entered into on the 12th d~~y of June, 2009 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 July 1, 2009 and shall be
completed before December 19, 2009.
COMPENSATION: For the full pertormance 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 insurat~ility, 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 f~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 consemt of the CITY.
CONTRACT COORDINATOR and representative for CITY shall be: ~ ~ ~ „
NAME: Rachelle Sander DEPARTMENT: Parks 8< 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.
CONTRAC~-OR:
~ ~-~~
By~~~ ~' ~ ~ ~.
Title: ~ ~ ~'
~ c~
Social SeScurity #: h > 3 ~ !.~-~ ~ ~" ~, ~ ~
PPROVA ~ D' ~~~_ ~~~~ ~, `~~
CITI~ CUPERTINO: ~
~ !
By: _ ~2 /G"
Title: Recreation Co dinator- Rachelle Sander
EXPENDITURE DISTRIBUTION
P THE EAD DATE ACCOUNT NUMBER AMOUNT
2, , ~~'~ ~~.~ 580-6349-7014 $8,500.00
L DA~~ ~O / ~
/ ~.
EXH 1131T 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 this 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 classes to students enrolled in the Cupertino Parks and
Recreation Department Program.
2. The times and places CONTRACTOR will perforrrl the services:
SUMMER Classes
Melodies Intro to Piano Wednesday 6/17-7/22 4:301~m-5:20pm 4-5Y Melody Academy of Music
Saturday 6/20-8/1 4:OOI~m~1:50pm
Wednesday 6/17-7/22 5:301~m-6:20pm 5-6Y
Saturday 6/20-8/1 5:OOl~m-5:50pm
Wednesday 6/17-7/22 6:30-7:20pm 7Y+
Saturday 6/20-8/1 6:OOl~m-6:50pm
Group Violin Monday 6/15-7/27 6:OOl~m-6:50pm 6-10Y Melody Academy of Music
Saturda 6/20-8/1 10:0() m-10:50 m
Grou Clarinet Monda 6/15-7/27 7:00 ~m-7:50 m 8-13Y Melod Academ of Music
FALL Classes
Melodies Piano Friday 10/9-11/13 4:301~m-5:20pm 4-5Y Melody Academy of Music
Sunday 10/11- 11/15 10:OOam- 10:50am
Friday 10/9-11!13 5:301~m-6:20pm 5-6Y
Sunday 10/11- 11/15 11:OOam-11:50am
Friday 10/9-11/13 6:301~m-7:20pm 7Y+
Sunda 10/11- 11/15 12:0() m- 12:50 m
Piano Beginners for Friday 10/9-11/13 10:OOam-10:50am 5-10Y Melody Academy of Music
Homeschool Families 10/9-11/13 11:OOam-11:50am
Group Violin Monday 10/5-11/9 5:OOl~m-5:50pm 6-10Y Melody Academy of Music
Saturda 10/10-11114 1:OO~~m-1:50am
Group Clarinet Wednesday 10/7-11/11 5:OOl~m-5:50pm 8-13Y Melody Academy of Music
3. The number and eligibility of persons to receive tlhe service:
Minimum: 2
Maximum: 4/5
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. P~~RTICIPANTS SHOULD NOT TAKE PART IN THE
CLASS UNLESS THEY ARE LISTED ON THE CLASS f2OSTER OR SHOW PROOF OF ENROLLMENT. ALL
PARTICIPANTS AND VOLUNTEERS NEED TO COMI~LETE 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.
CUPERTINO
July 6, 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 CIlY CLERK
CITY HALL
10300 TORRE AVE~IUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) '777-3223 • FAX: (408) 777-3366
W EBSITE: www.cupe~rtino.org
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