09-001 Julie Wong, Music Around the World (2)CrTY OF
AGREEMENT
CITY OF CUPE:RTINO
10300 Torre ?,venue /JJf~
8'~ -~ Cup 08) 777-320014 NO. ~/'"~ ~~~ ~~
C U P E RT 1 [V ® ~~ ~ FY 09-1 O
BY THIS AGREEM made and entered into on the 12`h day of June, 2009 by and between the CITY OF CUPERTINO
(Hereinafter referred to as CITY) and (1) Julie Wong (2) Music Around the World 159 Old Orchard Dr. Los Gatos, CA
95032 (408) 358-1341. (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 and
language 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:
80% 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, inGuding 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 ?,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 transferired 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: _ (`/ ~rfi~~ ~~C~,
NAME: Rachelle Sander DEPARTMENT: Parks ~ Recreation
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.
CONTRA -6€3. CITl' F CUPERTI O:
l
By: ~~ ~_ ---- By 1
~~- 7
~ Title: creation Coordina - Rachelle S nder
Title:[ /°~G,S~ Li G}~C~ ~ 6.J /5 (~~ /n,~762-1~
Social Security #:'~/ ~-7 ~y
APPROVALS
E?XPENDITURE DISTRIBUTION
DE - A DATE ACCOUNT NUMBER AMOUNT
_~ 0 580-6349-7014 $4,000.00
ATE
~ ~-is-io
-~ ~ ~ ~o
~/
EXHIBIT B (Services)
1. The services to be performed by CONTRACTOR:
The contractor shall provide instruction of language and 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
Immersion Mandarin Monday 1/4- 3/22 10:OOam- 10:50am U to 4Y QCC Music Room
SPRING Classes
Immersion Mandarin Monday 4/12- 6/21 1 O:OOam-10:50am Up to 4Y QCC Music Room
3. The number and eligibility of persons to receive tl~e service:
Minimum: 6
Maximum: 12
4. Payment to CONTRACTORS for services:
Payments will be made one week after the end of services.
CLASSES WILL NOT BE HELD ON: 1/18 & 2/15.
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 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.
EXHIE3IT 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 emplc-yees who will assist in the pertormance of
this Agreement, Contractor shall file with City a Certificate of Worker's
Compensation insurance and for those instructing persons 1 8 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 ~igreed upon time for the commencement
of services to be pertormed by Contractor, City may cancel and withdraw from this
Agreement.
4. City shall have no right of control as to thE~ manner Contractor pertorms 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~ince.
6. The Contractor shall not promote his/her business to participants registered in the
City's programs.