09-001 Musical Me, IncFROM MUSICALME INC
CITY OF
U
CUPERTIN I ~~
~~ I
FAX N0. 831-438-3514 Apr. 01 2009 03:01PM P1
~-~~.E~MENr ~ ~~o
CITY OF CUF'ERTINO ~~ f ~ „~ ~j
10300 Torre Avenue
Cupertino, CA 95014
(408) 777- 200
NO. ~ ~~
FY 08-09
BY TH[S AGREEMENT made and entered into on the 1 ~th day of December, 2008 by and between the CITY OF
CUPERTINO (1ereinafter referred to as CITY) and (1) Musical Me Inc (2) fizz Anderson PO Box 493 Capitols, 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 specifiEad 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, 2009 and shalt
be completed before June 30, 2009.
COMPENSATION: For the full performance of this Agreement, C1TY shall pay CONTRACTOR:
80% of resident fee, minus a $10.00 administration fee p~~r participant.
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY, its officers, agents, and employees from
any and atl damage and liability of every nature, including ali costs of defending any claim, caused by or arising out of the
performance of this Agreement. CITY shall not be liable for acts of CONTRACTOR in performing services described
herein.
Insurance. Should the CITY require evidence of insurability, CONTRACTOR shall file with CITY a Certificate of
Insurance before commencing any services under this Agreement, Said Certificate shall be subject to the approval of
CITY'S Director of Administrative Services.
Non-Discrimination. It is understood and agreed that this Agreement is not a contract of employment in the sense that
the relation of master and servant exists between C17Y and undersigned. At all times, CONTRACTOR shall be deemed
to be an independent contractor and CONTRACTOR is not authorized to bind the CITY to any contracts or other
obligations in executing this Agreement. CONTRACTOR CE:rtlfies that no one who has or wiEl have any financial interest
under this Agreement is an officer or employee of CITY.
Changes. This Agreement shah not be assigned or transferred without the written consent of the CITY. NO Changes or
variations of any kind are authorized without the written consent of the CITY.
CONTRACT COORDINATOR and representative for CITY shall be: E~T~jRFjD
NAME: Rachelle Sander DEPARTMENT: Parks ~ Recreation
This Agree ent shall become effective upon its execution ~y CITY. In witness thereof, the parties have executed this
Agreem t t e day and year first written above.
~-~~N
CONT CTOR; CITY , ~PERTINO:
r
ey: ~ ~ ~i By: G
Title: ~ TitIE~: Recreation Coor ator- Rachelle Sander
S.oci - urity #: I -~ 0 . ~ eJ eG - "
APP OVALS EXPENDITURE DISTRIBUTION _
DEPnfkT EN H D ,UA7E _ ACCOUNT NUMBER - AMOUNT
i ~ ~~'~~_~- ~ / " ~ _ ~ 580-6349- 4 - --$'10,000.00
C C ~ DATE ~""`
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FROM :_MUSICALME INC
FAX N0. 8:31-438-3514 Apr. 01 2009 03:01PM P2
EXHIBIT E3 (Services)
7. The services to be performed by CONTRAC'~OR:
The contractor shat! 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 Together
.. Wed 1/7 FREE DEMO 9:30am, 10:30 am, 11:30 am, Up to 6Y QCC- Music Room
3:30 rri, 4.30 pm, & 5:30 m
Music To ether Wednesday 1/27-3/25 3:30 prri, 4:30 prn 8~ 5:30 m U to 6Y QCC- Music Room
Music To ether Thursda 1/22-3/26 9:30am, 10:30 am, & 11:30 am U to 6Y
QCC-Music Room
_
Music Together Frida 1/23-3/27 _
9.30am 10:30 am, & 11;30 am U to 6Y QCC- Music Room
SPRING Classes
Music Together
Music Together Wed 4/1 FREE DEMO
Thur. 4/2 FREE DEMO 3:30~m~, 4:30 pm, 8. 5:30 m ~U to 6Y QCC- Music Room
9:30am. 10:30 am, & 11:30 am U to 6Y QCC- Music
Room
Music
To ether Wednesday 4115-6/17 _
3:30 m
4:30 pm & 5:30 m
U tv 6Y QCC- Music R
_
Music To ether
Thursday 4116-6118 ,
_
oom
9:30am, 10:30 am, & 11:30 am U to 6Y QCC- Music Room
Music To ether _. _
Friday 4/17-6/19 9:30am, 10:30 am, ~. 11:30 am ~U to 6Y QCC- Music Room
3. The number and eligibility of persons to rec<:ive the service:
Minimum: 6
Maximum: 72
4. Payment to CONTRACTORS for services:
Payments will be made one week after the end of ~;ervices.
CLASSES WILT. NOT BE HELD ON: N/A
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION
PROCEDURES AS LISTED IN THE RIwCREATION SCHEDULE. PART[CIPANTS SHOULD NOT
TAKE PART IN THE CLASS UNLESS THEY ARIE LISTED ON THE CLASS ROSTER OR SHOW
PROOF OF ENROLLMENT. ALL PARTICIPANTS AND VOLUNTEERS NEED TO COMPLETE THE
WAIVER OF LIABILITY FORM BEFORE TAK1N~3 PART iN THE PROGRAM. CONTRACTORS
ARE RESPONSIBLE FOR SUPERVISING P~~RTiCIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.