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09-001 Noteworthy Music, Debbylee MacchioneV-`~ AGREE~/IENT CITY OF CUPI=RTINO 10300 Torre /venue Cupertino, CA 95014 (408) 777-3200 NO. ~~f~ `~'" Fiscal Year o9- IU BY THIS AGREEMENT made and entered into on the 17th day of June, 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: SunnyvalE~ Zip: 94089 Phone (408) 734-4211 (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 sE~rvices and/or materials: Instruction of music classes and private music lessons 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 A~~reement shall commence on July 1, 2009 and shall be completed before December 31, 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 75% of the resident fee, minus a $10.00 administrative fee pE'r participant Private music lessons: 75% of the total revenue generated 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 co:~ts of defending any claim, caused by or arising out of the performance of this Agreement. CITY shall not be liable for Picts 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 AgrE~ement 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 certifi~:s 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 ~f the CITY. CONTRACT COORDINATOR and representative for CITY shall be: NAME: Susan Lewis DEPARTMENT: Parks & Recreation TEED 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. CONTRACTOR: By: ~~-e~-- Title: Social Security #: ~ ~~ L~ ~S' J d ~~ AP ROVALS CITY OF CUPERTINO: By: ~.~~ Title: Recreation Coordinator EXPENDITURE DISTRIBUTION E R ENT HEAD DATE ACCOUNT NUMBER AMOUNT 580-6349-7014 $ 30,000.00 C~-~ ERK DATE ~f EXHIBITA 1. The City reserves the right to terminate tl~is Agreement with 30 days notice. The Contractor may terminate this Agreement v~iith 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 miniimum 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 i~nanner Contractor performs the services to be performed. Nevertheless, City may, a~t any time, observe the manner in which such services are being performed by the Contractor. 5. The Contractor shall comply with all applic~ible 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 music classes and privatE~ lessons to students enrolled in the Cupertino Parks and Recreation Department Program. 2. The times and places CONTRACTOR will perform the services: Summer Classes Parent and Child Keyboard Tuesday, 6/23 to 9/1 9:45 am to 10:30 am 3-5Y Book 2 & U Parent and Child Keyboard Tuesday, 6/23 to 9/1 10:30 am to 11:15 am 3-5Y Book 1 Parent and Child Keyboard Tuesday, 6/23 to 9/1 12:15 pm to 1:00 pm 3-5Y Book 1 Parent and Child Keyboard Tuesday, 6/23 to 9/1 1:00 pm to 1:45 pm 3-5Y Level 2 & U Parent and Child Keyboard Tuesday, 6/23 to 9/1 1:45 pm to 2:15 pm 3-5 Y Level 2 & U Piano/Ke board Level 1 Monda , 6/22 to 8/31 3:30 m to 4:15 m 6-7Y Piano/Ke board Level 1 Thursda , 6/25 to 9/3 3:30 m to 4:15 m 6-7Y Piano/Ke board Level 1 Saturda , 6/27 to 9/5 9:45 am to 10:30 am 6-7Y Piano/Keyboard Level 2 Monday, 6/22 to 8/31 4:15 pm to 5:00 pm 6-12Y 5:00 pm to 5:45 pm 5:45 m to 6:30 m Piano/Keyboard Level 2 Thursday, 6/25 to 9/3 4:15 pm to 5:00 pm 6-12Y 5:00 pm to 5:45 pm 5:45 pm to 6:30 pm 6:45 m to 7:30 m Piano/Keyboard Level 2 Friday, 6/26 to 9/4 3:30 pm to 4:15 pm 6-12Y 5:00 pm to 5:45 pm 5:45 m to 6:30 m Piano/Keyboard Level 2 Saturday, 6/27 to 9/5 9:00 am to 9:45 am 6-12Y 10:30 am to 11:15 am 11:15 am to 12:00 m Piano/Key board Exp lorations Monday, 6/22 to 8/31 6:30 m to 7:15 m 13Y + Piano/Key board Exp lorations Thursday, 6/25 to 9/3 7:30 m to 8:15 m 13Y + Group Vocal Class Wednesday, 6/24 to 9/2 5:45 m to 6:30 m 6-12Y Group Vocal Class Wednesday, 6/24 to 9/2 6:30 m to 7:15 m 6-12Y Fall Classes Parent and Child Keyboard Tuesday, 9/8 to 12/15 9:45 am to 10:30 am 3-5Y Book 2 & U Parent and Child Keyboard Tuesday, 9/8 to 12/15 10:30 am to 11:15 am 3-5Y Book 1 Parent and Child Keyboard Tuesday, 9/8 to 12/15 12:15 pm to 1:00 pm 3-5Y Book 1 Parent and Child Keyboard Tuesday, 9/8 to 12/15 1:00 pm to 1:45 pm 3-5Y Level 2 & U Piano/Ke board Level 1 Monda , 9/14 to 12/14 3:30 m to 4:15 m 6-7Y Piano/Ke board Level 1 Thursda , 6/25 to 9/3 3:30 m to 4:15 m 6-7Y Piano/Ke board Level 1 Saturda , 6/27 to 9/5 9:45 am to 10:30 am 6-7Y Piano/Keyboard Level 2 Monday, 9/14 to 12/14 4:15 pm to 5:00 pm 6-12Y 5:00 pm to 5:45 pm 5:45 m to 6:30 m Piano/Keyboard Level 2 Thursday, 9/10 to 12/17 4:15 pm to 5:00 pm 6-12Y 5:00 pm to 5:45 pm 5:45 pm to 6:30 pm 6:45 m to 7:30 m Piano/Keyboard Level 2 Friday, 9/11 to 12/18 3:30 pm to 4:15 pm 6-12Y 5:00 pm to 5:45 pm 5:45 m to 6:30 m Piano/Keyboard Level 2 Saturday, 9/12 to 12/19 9:00 am to 9:45 am 6-12Y 10:30 am to 11:15 am 11:15 am to 12:00 m Piano/Key board Exp lorations Monday, 9/14 to 12/14 6:30 m to 7:15 m 13Y + Piano/Key board Exp lorations Thursday, 9/10 to 12/18 7:30 m to 8:15 m 13Y + Group Vocal Class Wednesday, 9/9 to 12/16 5:00 m to 5:45 m 6-12Y Group Vocal Class Wednesday, 9/9 to 12/16 6:30 m to 7:15 m 6-12Y 3. The number and eligibility of persons to receive the service: Keyboard Tubetastik Boom, Boom Parent/Child Vocal Minimum: 6 Minimum:4 Minimum:4 Minimum:4 Minimum:6 Maximum: 8 Maximum:6 Maxirrium:6 Maximum:5 Maximum:8 4. Payment to CONTRACTORS for services: Payrnent made on 9/11/09 and 12/19/09 CLASSES WILL NOT BE HELD ON: 7/3, 7/4, 7/15, 8/4, 11/11, 11/26, 11/27, 11/28, 12/4, & 12/5 THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES 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 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.