09-001 Noteworthey MusicAGREE~JIENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CP, 95014 /
(408) 777-3200 NO.~~b ~~~
f Fiscal Year
BY THIS AGREEMENT made and entered into on the 18th day of September, 2009 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Noteworthy Music (2) DebbyLee Macchione
Address: 1220 Tasman Drive Space 457 City: Sunnyval_Zip: 94089 Phone 5408) 724-4211
(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:
Instrumental music and piano keyboard instruction for the Afterschool Enrichment Program
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A and B
TERMS: The services and/or materials furnished under this Agreement shall commence on October 19, 2009 and shall
be completed before February 12, 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
75% of final roster fees, minus a $ 10.00 administrative fee Fier student
Reimbursement of $ 9.00 book fee for each keyboard student
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 :scts of CONTRACTOR in performing services described
herein.
Insurance. Should the CITY require evidence of insurabilii:y, 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 urnlersigned. 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 transferre(i 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: Susan Lewis
ENTERED
DEPARTMENT: Parks & Recreation
This Agreement shall become effective upon its execution by ~:.ITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CON CTOR: ,
1
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Title: ~ ~~ ~
Social Security #: ~~ ' GLb~'/U~
CITY C)F CUPERTINO:
By: ~~~ ~~
Title: Recreation Coordinator
APPROV~4LS
EXPENDITURE DISTRIBUTION
D TM T HEAD DATE A(:000NT NUMBER AMOUNT
_ .~ 5130-6349-7014 $ 4,000.00
ATE
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EXHIBIT 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 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 form 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 applic~~ble Federal, State, and local laws and
ordinances including, but not limited to, unE;mployment 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 Piano Keyboardiing Instruction to students enrolled in the
Afterschool Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
First Session
Quinlan Communit Ke board Level 1 Tuesda 10/20 to 11/24 3:30 m to 4:15 m 1-3
Quinlan Communit Ke board Level 1 Tuesda 10/20 to 11/24 4:15 m to 5:00 m 1-6
Quinlan Communit Ke board Level 2 Tuesda 10/20 to 11/24 5:00 m to 5:45 m 2-6
Second Session
Quinlan Communit Ke board Level 1 Tuesda 12/1 to 1/26 3:30 m to 4:15 m 1-3
Quinlan Communit Ke board Level 1 Tuesda 12/1 to 1/26 4:15 m to 5:00 m 1-6
Quinlan Communit Ke board Level 2 Tuesda 12/1 to 1/26 5:00 m to 5:45 m 2-6
3. The number and eligibility of persons to~ receive the service:
Keyboarding classes: Minimum: 6 Max: 8
4. Payment to CONTRACTORS for services:
Payment made on 11/20/09, 12/18/09, 2/12/110
CLASSES WILL NOT BE HELD ON THESE IDATES: 12/22 & 12/29
THE CONTRACTOR SHALL FOLLOW ALL GUIIDELINES 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 AIND VOLUNTEERS NEED TO COMPLETE THE
WAIVER OF LIABILITY FORM BEFORE TAKING P~-RT IN THE PROGRAM. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PART-ICIPANT AFTER CLASS UNTIL THE
PARENT/GUARDIAN HAS ARRIVED
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
October 14, 2009
Noteworthy Music
DebbyLee Macchione
1220 Tasman Drive, Space 457
Sunnyvale, CA 94089
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) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure
cc: Parks & Recreation