07-001, Melody Academy of Music, Chia-Yin Wu/Melody Wu
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
NO. tmljT?cP~
FY 07-08
BY THIS A EMENT made and entered into on the 19th day of November, 2007 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 & Exhibit B
TERMS: The services and/or materials furnished under this Agreement shall commence on
January 1, 2008 and shall be completed before June 30, 2008.
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.
NAME: Rachelle Sander
DEPARTMENT:
'1J ENTERED
Parks & Recreation
CONTRACT COORDINATOR and representative for CITY shall be:
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.
r
By: L
Title:
Social
~VIA
By:
Title:
CONTRACTOR:
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
580-6349-7014
AMOUNT
$7,700.00
EXHIBIT A
1. The City reserves the right to terminate this Agreement with 3D days notice. The
Contractor may terminate this Agreement with a 3D-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 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
Preschool Keyboard
Melodies Piano
Monday 1/7 to 2/25
Frida 1/11to2/15
Friday 1/11 to 2/15
Saturday 1/12 to 3/1
Friday 1/11 to 2/15
Saturday 1/12 to 3/1
Friday 1/11 to 2/15
Saturda 1/12 to 3/1
Tuesday 1/8 to 2/12
Saturda 1/12 to 3/1
Sunda 1/13 to 3/2
Wednesda 1/9 to 2/13
Saturday 1/12 to 3/1
Saturday 1/12 to 3/1
Saturday 1/12 to 3/1
Tuesda 1/8 to 2/12
Group Violin
Grou Cello
Grou Clarinet
Chinese Folkdance
5 . CI
2Y-3Y
Melody Academy of Music
4Y-5Y
Melody Academy of Music
5Y -6Y
7Y+
6Y-10Y
Melody Academy of Music
7Y+
8Y-13Y
4Y-5Y
6Y-7Y
8Y -9Y
10Y
iprmg asses
Preschool Keyboard Tuesday 4/8 to 5/13 1 :30pm-2:00pm 2Y-3Y Melody Academy of Music
Fridav 4/11 to 5/16 1 0:30am-11 :OOam
Melodies Piano Thursday 4/10 to 5/15 4:30 pm-5:20pm 4Y-5Y Melody Academy of Music
Saturday 4/12 to 5/17 4:00pm-4:50pm
Thursday 4/10 to 5/15 5:30pm-6:20pm 5Y -6Y
Saturday 4/12 to 5/17 11 :00pm-11 :50pm
Thursday 4/10 to 5/15 6:30pm-7:20pm 7Y+
Saturday 4/12 to 5/17 6:00pm-6:50pm
Group Violin Tuesday 4/8 to 5/13 5:00pm-5:50pm 6Y-10Y Melody Academy of Music
Saturdav 4/12 to 5/17 1 :00om-1 :50om
Group Cello Sunday 4/13 to 5/18 11 :00pm-11 :50pm 7Y+ Melody Academy of Music
Group Clarinet Wednesday 4/9 to 5/14 5:00pm-5:50pm 8Y-13Y Melody Academy of Music
Chinese Folkdance Saturday 4/12 to 5/17 12:00pm-12:50pm 4Y-5Y Melody Academy of Music
Saturday 4/12 to 5/17 1 :OOpm-1 :50pm 6Y-7Y
Saturday 4/12 to 5/17 2:00pm-2:50pm 8Y -9Y
Tuesday 4/8 to 5/13 7:00pm-7:50pm 10Y
3. The number and eligibility of persons to receive the 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:
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.