09-001 Legato Music School`~,~ ~3 i
AGREE~/IENT
CITY OF CUPI=RTINO
10300 Torre i~venue
Cupertino, CA 95014
(408) 777-:3200
Fiscal Year
BY THIS AGREEMENT made and entered into on the 15th ~iay of September, 2009 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Legato Music School (2) Haruna Shiokawa
Address: 860 Forest Ridge Drive. City: San Jose _Zip: 95129 Phone: (408) 252-2177
(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:
Keyboard classes, instrumental music classes and vocsal classes 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 Acreement 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:
70% of final roster fees, minus a $ 10.00 administrative fee bier participant
Reimbursement for books for keyboarding, not to exceed $'12.00 per book ~~~~RED
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 a y claim, caused by or arising out of the
performance of this Agreement. CITY shall not be liable for ;acts of CONTRA TOR 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 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: Susan Lewis DEPAFZTMENT: 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.
CONTRACTOR: CITY OF CUPERTINO:
Title: ~~ 1'"~%~Y ~ ~-~~~~D I"~-'~~~1C ~L~j00ITitle: Recreation Coordinator
Social Security #: ~~ 6 -'4~ ') 7 ~ I
PPRO ALS
EXPENDITURE DISTRIBUTION
D NT HEAD - DATE ACCOUNT NUMBER AMOUNT
~~.-~~ 580-6349-7014 $ 10,000.00
R DATE
~~~J ~~ /
~~ ~ ~
EXHIBIT A
1. The City reserves the right to terminate this Agreement with 30 days notice. The
Contractor may terminate this Agreement v~~ith 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 i~nanner 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~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 (~~ervices)
1. The services to be performed by CONTRACTOI~:
The contractor shall provide Recorder, Flute, Vocal and ELD keyboard classes to students enrolled in
the Afterschool Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
School Class Da ~ Time Room
De Var as Ke board Tuesda 1:30 m to 2:15 m Room 6
De Var as Ke board Level 2 & U Tuesda 2:20 m to 3:05 m Room 6
De Var as You are the Star! Vocal Tuesda 3:10 m to 4:20 m Room 6
De Var as Percussion Around the World Tuesda 2:45 m to 3:30 m Room 20
De Var as Percussion Around the World Tuesda 3:35 m to 4:20 m Room 20
De Var as Recorder and Fife Thursda 3:15 m to 4:00 m Room 20
De Var as Percussion Techni ue Thursda 4:00 m to 4:55 m Room 20
De Var as Be innin Flute Thursda 5:05 pm to 5:50 pm Room 20
School Class Da Time Room
Le ato Music School Be innin Clarinet Moncla 4:00 m to 4:45 m TBA
Le ato Music School Be innin Saxo hone Moncla 4:50 m to 5:35 m TBA
Le ato Music School You're the Star Moncla 5:00 m to 5:55 m TBA
Le ato Music School Drums Moncla 5:55 m to 6:50 m TBA
Le ato Music School Fiddles! Violin Tuesda 2:20 m to 3:05 m TBA
Le ato Music School Fiddles! Violin Tuesda 3:10 m to 3:45 m TBA
Le ato Music School Fiddles Violin Tuesda 6:15 m to 7:10 m TBA
Le ato Music School Be innin Brass Wednesda 5:40 m to 6:25 m TBA
Le ato Music School Brass Ensemble Wednesda 6:30 m to 7:25 m TBA
Le ato Music School Be innin Guitar Thur;~da 3:15 m to 4:00 m TBA
Le ato Music School Be innin Guitar Thur;~da 4:05 m to 4:50 m TBA
Le ato Music School Be innin Guitar Thursda 4:55 m to 5:50 m TBA
Park Site Class Da Time Room
Portal Park Be innin Clarinet Morida 4:00 m to 4:55 m P. Buildin
Portal Park Be innin Sax Mor~da 5:00 m to 5:55 m P Buildin
3. The number and eligibility of persons to receive the service:
Keyboarding Instrumental Vocal Solo:
Minimum: 5 Minimum: 5 Minimum: 5
Maximum: 8 Maximum: 12 Maximum: 15
4. Payment to CONTRACTORS for services:
Payment made on 11/7/08, 12/19/08, 2/6/09
CLASSES WILL NOT BE HELD ON: 10/26, 11/11, '11/25, 11/26, 11/27, 12/21, 12/22, 12/22, 12/23,
12/24, 12/25, 12/28, 12/29, 12/30, 12/31, 1 /1 /10 & 1 /18/10
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 COMPLI=TE THE WAIVER OF LIABILITY FORM BEFORE
TAKING PART IN THE PROGRAM. CONTRACTOR IS RESPONSIBLE FOR SUPERVISING
PARTICIPANTS AFTER CLASS UNTIL THEIR PARENT/i3UARDIAN HAS ARRIVED.