09-001 Joyful Melodies, Carol LiuCETY OF
AGREI=MENT
CITY OF' CUPERTINO
10300 Torre Avenue ~f~
Cu (408) 777 3 00014 NO~~~a ~ "~
CUPERTIWQ ~~~ FY 09-10
BY THIS AGREEM T 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 (;t) Carol Liu 10455 Bandley Drive, Suite #300, Cupertino,
CA 95014, (408) 472-3725 (Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the
parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specifieci 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:
70% of the resident fee, minus a $10 administration fee pc: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 all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the
pertormance 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 ~~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 consent 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.
CONTRACTOR: CITI~ OF CU ERTINO:
B CUB ~- aC` ~C.~~
y~ sy: .
Title: Recreation Coordinator- Rachelle Sander
Title: ~ •C U~~
Social Security #: to/ ~ -o ~ ~ lrJ~
APPROVALS E=XPENDITURE DISTRIBUTION
P T ENT HEAD DATE ACCOUNT NUMBER AMOUNT
_ • 2 ? ~ 580-6349-7014 $9,000.00
K , ~~ ~ ~ r ~ DATE
L.
EXH 1131T A
1. The City reserves the right to terminate this Agreement with 30 days notice. The
Contractor may terminate this Agreemern; 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.6. 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 ordirr~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 perform the services:
3.
SUMMER Classes
Bilingual Chinese &
En lish Music Friday 7/10-8/28
Saturday 7/11-8/29 10:30am-11:15am
10:OOam-10:45am Up to 4Y Joyful Melodies
Children's Singing
Ensemble Thursday 7/9-8/27 3:OOpm-7:OOpm 5Y+ Joyful Melodies
Group Recorder Class Friday 7/10-8/28 5:OOpm-6:OOpm 5Y+ Joyful Melodies
Group Guitar for Youth Wednesday 7/8-8/26
Saturday 7/11-8/29 3:OOpm-7:OOpm
~4:OOpm-5:OOpm 6-12Y Joyful Melodies
Group Guitar for Teens Wednesday 7/8-8/26 7:OOpm-8:OOpm 13-18Y Jo ul Melodies
Summer Music Camp M-F 6/15-8/14 9:OOam-12:30pm 5-12Y Joyful Melodies
FALL Classes
Bilingual Chinese &
English Music Thursday 9/17-12/10
Friday 9/18-12/11
Saturday 9/19-12/12 10:30am-11:15am
10:30am-11:15am
10:OOam-10:45am Up to 4Y Joyful Melodies
Group Guitar for Youth Wednesday 9/16-12/9
Saturda 9/19-12/12 3:OOpm-7:OOpm
4:00 m-5:00 m 6-12Y Joyful Melodies
Group Guitar for Teens Wednesday 9/16-12/9 7:OOpm-8:OOpm 13-18Y Joyful Melodies
Adult Group Keyboard Thursday 9/17-12/10 7:OOpm-8:OOpm 18Y+ Joyful Melodies
Group Violin for Adults Monday 9/14-12/7 1:45pm-2:45pm 18Y+ Joyful Melodies
3. The number and eligibility of persons to receive the service:
Minimum: 2
Maximum: 10
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, 11/1'1, & 11/26-11/27.
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINE: PERTAINING TO REGISTRATION PROCEDURES AS
LISTED IN THE RECREATION SCHEDULE. PARTICIPAf~ITS SHOULD NOT TAKE PART IN THE CLASS UNLESS
THEY ARE LISTED ON THE CLASS ROSTER OR SHOV'/ PROOF OF ENROLLMENT. ALL PARTICIPANTS AND
VOLUNTEERS NEED TO COMPLETE THE WAIVER C)F LIABILITY FORM BEFORE TAKING PART IN THE
PROGRAM. CONTRACTORS ARE RESPONSIBLE FOF; SUPERVISING PARTICIPANTS AFTER CLASS UNTIL
THEIR PARENT/GUARDIAN HAS ARRIVED.