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09-001 Musical Me Inc, Lizz Anderson (2)C £TY C7F AGREENIENT CITY OF CUPS=RTINO / ~ y'Y~ Cupert nor,rCAv95014 ~~y // /~ >C L3 P E RR" 11'V ~ V ~ C408) 777-3200 NO. !~~ v° ~v ° ~v FY 09-1 O BY THIS AGREEMENT made and entered into on the 12th day of June, 2009 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Musical Me Inc (2) Lizz 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 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 4, 2010 and shall be completed before June 30, 2010. COMPENSATION: For the full performance 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, 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 pertorming 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 I>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 riot 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. V CONTRACT COORDINATOR and representative for CITY shall be: ENTERED 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. By: -_-- Title: ___ 1 t..E~c~'ct~+` t-~ Social Security #: ~~- ~SS~Y~3~ CIT';' OF CU~PER/JTIN By: _~' ~'YGIX~~ C~t-c c~ Title: Recreation Coordinator- Rachelle Sander APPR VALS (EXPENDITURE DISTRIBUTION A 'T EN-i' HEAD DATE ACCOUNT NUMBER AMOUNT__ ~`~ (7 580-6349-7014 $10,000.00 ITY C' RK DA E / ao -/d --- QiL ~ y'1 ! t7 - 0 EXHIBIT B (Services) 1. The services to be performed by CONTRACTOR: The contractor shall provide instruction of music cl2~sses 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 1/6 FREE DEMO ~:30 pm. 4:30 pm, & 5:30 pm 9:30am, 10:30 am, 1 1 :30 am Up to 6Y QCC- Music Room Music Together Wednesday 1/20-3/24_ _ 3:30 m. 4:30 m & 5:30 m U to 6Y QCC- Music Room Music Tc~~ether Thursday 1/21- 3/25_ _ _ 9:30am, 10:30 am, & 11:30 am Up to 6Y QCC- Music Room Music Together Friday 1/22- 3/26 9:30am,_ 10:30 am, & 11 :30 am Up to 6Y QCC- Music Room SPRING Classes Music Together _ Wed 3/31 FREE DEMO _ 3:30 pm; 4:30 pm, & 5:30 pm 9:30am, 10:30 am, & 11:30 am Up to 6Y QCC- Music Room Music T~~gether Wednesday 4/14-6/16 9:30am, 10:30 am, & 11:30 am 3:30 pm, 4:30 pm & 5:30 pm Up to 6Y QCC- Music Room Music Together Thursday 4/15-6/17 9:30am, _10:30 am, & 11 :30 am Up to 6Y QCC- Music Room Music Tocether Friday 4/16-6/18 __ 9:30am, 10:30 am, & 11 :30 am Up to 6Y QCC- Music Room 3. The ntamber and eligibility of persons to receive the service: Minim+: rn: 5 Maximum: 12 4. Pay~3lent to CONTRACTORS for services: Payments will be made one week after the end of s•=rvices. CLASiES WILL NOT BE HELD ON: THE CONTRACTOR SHALL FOLLOW ALL GIJIDELINES PERTAINING TO REGISTRATION PROCLUURES AS LISTED IN THE RECREATION SCHEDULE. PARTICIPANTS SHOULD NOT TAKE FART IN THE CLASS UNLESS THEY ARE_ LISTED ON THE CLASS ROSTER OR SHOW PROOF OF ENROLLMENT. ALL PARTICIPANTS AND VOLUNTEERS NEED TO COMPLETE THE WAIVk=~2 GL= LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTORS ARE RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR PAREN'E/GUARDIAN HAS ARRIVED. OFFICE OF THE CIT`( CLERK CITY HALL 'I0300 TORRE AVENIJE - CUPERTINO, CA 950'14-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertino.org CUPERTINO January 27, 2010 Musical Me Inc. Lizz Anderson PO Box 493 Capitola, CA 95010 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 informati~~n, please contact the Parks and Recreation department at (408) 777-31 1 O. Sincerely, CITY CLERK'S OFFICE Enclosure cc: Parks & Recreation