09-001 Joyful Melodies, Carol Liu (3)CETY OF
AGREE=MENT
CITY OF CUPERTINO
'10300 Torre Avenue
/~ ~ ~ ~ Cu 408) 777 3200 , 4 NO. ~~~~~~
CLIPERTINO ~ / ~~~ (
VY FY 09-1 O
BY THIS AGREEMENT 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) Joyful Melodies (s!) Carol Liu 10455 Bandley Drive, Suite #300, Cupertino,
CA 95014, (408) 472-3725 (Hereinafter referred to as CONTTRACTOR), 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 4, 2010 and shall
be completed before June 30, 2010.
COMPENSATION: For the full pertormance of this Agreement, CITY shall pay CONTRACTOR:
70% of the resident fee, minus a $1 O administration fee pEEr 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 ~~osts of defending any claim, caused by or arising out of the
pertormance of this Agreement. CITY shall not be liable far acts of CONTRACTOR in pertorming services described
herein.
Insurance. Should the CITY require evidence of insura6~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 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: ~ ENTERED
NAME: Rachelle Sander DEP,4RTMENT: Parks >~ Recreation V
This Agreement shall become effective upon its execution bey CITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: it ~
Title: ~ f~~GC'TO~ F- ~,
Social Security #: ~ -D ~ ~~, V
APPROVALS
CITY OF UPERTINO: ~
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Title: ecreation Coordinator- Rachelle Sander
EXPENDITURE DISTRIBUTION
EPA T AD DATE ACCOUNT NUMBER AMOUNT
~ - ~-~ d 580-6349-7014 $9,000.00
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EXHIEIIT 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 in:>tructing persons 18 years and younger,
provide fingerprint clearance and current -f. 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_
taws, and the City business license ordinance_
6. The Contractor shall not promote his/her t~usiness to participants registered in the
City's programs.
EXHIBIT B ;Services)
~. 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 perform the services:
WINTER Classes
Bilingual Chinese & Thursday 1/7-3/25 10:30am-11:15am Up to 4Y Joyful Melodies
English Music Friday 1/8-3/26 10:30am-11:15am
Saturda 1/9-3/27 10:OOam-10:45am
Adult Grou Ke board Thursda 1/7-3/25 6:00 m-7:00 m 18Y+ Jo ul Melodies
Grou Violin for Adults Monda 1/11-3/29 1:45 m-2:45 m 18Y+ Jo ul Melodies
SPRING Classes
Bilingual Chinese & Thursday 4/8-6/24 10:30am-1 1:15am Up to 4Y Joyful Melodies
English Music Friday 4/9-6/25 10:30am-11:15am
Saturda 4/10-6/26 10:OOam-10:45am
Children's Singing Thursday 4/8-6/24 6:OOpm-7:OOpm 5Y+ Joyful Melodies
Ensemble
Group Guitar for Teens Wednesday 4/7-6/23 7:OOpm-8:OOpm 13-18Y Joyful Melodies
Group Violin for Adults Monday 4/5-6/28 7:OOpm-8:OOpm 19Y+ Joyful Melodies
3. The number and eligibility of persons to receive ttie service:
Minimum: 2
Maximum: 1 O
4. Payment to CONTRACTORS for services:
Payments will be made one week after the end of service~s_
CLASSES WILL NOT BE HELD ON:
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION PROCEDURES AS
LISTED IN THE RECREATION SCHEDULE. PARTICIPANI~S 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 CIT`! CLERK
CUPERTINO
January 20, 201 O
CITY HALL
'10300 TORRE AVENIJE • CUPERTINO, CA 950'14-3255
TELEPHONE: (408) 777-3223 -FAX: (408) 777-3366
WEBSITE: www.cupertino.org
Joyful Melodies
Carol Liu
10455 Bandley Drive, Suite 300
Cupertino, CA 95014
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) 777-31 1 O.
Sincerely,
CITY CLERK'S OFFICE
Enclosure
cc: Parks & Recreation