10-001 Noteworthy Music, Debbylee MacchioneAGREEMENT
CITY OF CUPERTINO
10300 Tone Avenue
Cupertino, ~ :A 95014 ~7y L ~J
.~ ~ ^ ~j (408) 77'7-3200 NO.(/~ °'~~v /
~/ Fiscal Year o~i/lo
BY THIS AGREEMENT /made and entered into on the 5th day of January, 2010 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Noteworthy Music (2) Debbvlee Macchione
Address:
agree as
follows:
CONTRACTOR shall provide or furnish the following specified services 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 Agreement shall commence on January 5ch. 2010 and shall
be completed before June 30th. 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
75% of the resident fee based on final class rosters, minus a $10.00 administrative fee per 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 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 F~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 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 sl-iall be: ~ ENTERED
NAME: Christine Hanel DEPARTMENT: Parks 8 Recreation - ,V
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.
~"~,_
CITI' OF CUPERTINO:
Title: Recreation Supervisor
APPROVALS
EXPENDITURE DISTRIBUTION
DEPART T DATE ACCOUNT NUMBER AMOUNT
j - - j ~® 580-6349-7014 $ 30,000.00
CITY E DATE
~ ~ 1 -O /S
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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 perfiorm the services:
Winter Classes
Parent and Child Keyboard Tuesday, 1/12-2/16 10:30 am to 11 :15 am 3-5Y
Book 1
Parent and Child Keyboard Tuesday, 2/23-3/30 10:30 am to 1 1:15 am 3-5Y
Book 1
Parent and Child Keyboard Tuesday, 1/12-2/16 12:15 pm to 1:00 pm 3-5Y
Book 1
Parent and Child Keyboard Tuesday, 2/23-3/30 12:15 pm to 1 :00 pm 3-5Y
Book 1
Parent and Child Keyboard Tuesday, 1/12-2/16 9:45 am to 10:30 am 3-5Y
Level 2 & U
Parent and Child Keyboard Tuesday, 2/23-3/30 9:45 am to 10:30 am 3-5Y
Book 2 & U
Parent and Child Keyboard Tuesday, 1/12-2/16 1:00 pm to 1:45 pm 3-5Y
Book 2 & U
Parent and Child Keyboard Tuesday, 2/23-3/30 1 :00 pm to 1:45 pm 3-5 Y
Level 2 & U
Piano/Ke board Levet 1 Monda 1/11-3/29 3:30 m to 4:15 m 6-7Y
Piano/Ke board Level 1 Thursda 1/7-2/11 3:30 m to 4:15 m 6-7Y
Piano/Ke board Level 1 Thursda 2/18-3/25 3:30 m to 4:15 m 6-7Y
Piano/Ke board Level 1 Saturda 1/9-2/13 9:45 am to 10:30 am 6-7Y
Piano/Ke board Level 1 Saturda 2/10-4/3 9:45 am to 10:30 am 6-7Y
Piano/Ke board Level 1 Frida 1/8-2/12 4:15 m to 5:00 m 8-12Y
Piano/Ke board Level 1 Frida 2/19-2/13 4:15 m to 5:00 m 8-12Y
Piano/Ke board Level 1 Saturda 1/9-2/13 12:15 m to 1:00 m 8-12Y
Piano/Ke board Level 1 Saturda 2/10-4/3 12:15 m to 1:00 m 8-12Y
Piano/Keyboard Level 2 Monday, 1/11-3/19 4:15 pm to 5:00 pm 6-12Y
5:00 m to 5:45 m
Piano/Keyboard Level 2 Thursday, 1/7-2/11 4:15 pm to 5:00 pm 6-12Y
5:00 m to 5:45 m
Piano/Keyboard Level 2 Thursday, 2/18-3/15 4:15 pm to 5:00 pm 6-12Y
5:00 m to 5:45 m
Piano/Keyboard Level 2 Friday, 1/8-2/12 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 Friday, 2/19-3/26 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, 1/9-2/13 9:00 am to 9:45 am 6-12Y
10:30 am to 11:15 am
11 :15 am to 12:00 m
Piano/Keyboard Level 2 Saturday, 2/20-4/3 9:00 am to 9:45 am 6-12Y
10:30 am to 11:15 am
11:15 am to 12:00 m
Winter Classes Continued
Piano/Ke board Ex lorations Friday, 1/8-2/12 6:30 m to 7:15 m 13Y +
Piano/Key board Exp lorations Friday 2/19-3/26 6:30 m to 7:15 m 13Y +
Grou Vocal Class Wednesda 1/6-2/10 5:45 m to 6:30 m 6-12Y
Grou Vocal Class Wednesda 2/17-3/24 5:45 m to 6:30 m 6-12Y
Grou Vocal Class Wednesda 1/6-2/10 6:30 m to 7:15 m 6-12Y
Grou Vocal Class Wednesda 2/17-3/24 6:30 m to 7:15 m 6-12Y
Spring Classes
Parent and Child Keyboard Tuesday, 4/6-6/8 9:45 am to 10:30 am 3-5Y
Book 2 & U
Parent and Child Keyboard Tuesday, 4/6-6/8 10:30 am to 11:15 am 3-5Y
Book 1
Parent and Child Keyboard Tuesday, 4/6-6/8 12:15 pm to 1:00 pm 3-5Y
Book 1
Parent and Child Keyboard Tuesday, 4/6-6/8 1 :00 pm to 1 .45 pm 3-5Y
Level 2 & U
Piano/Ke board Level 1 Monda 4/5-6/7 3:30 m to 4:15 m 6-7Y
Piano/Ke board Level 1 Thursda 4/8-6/1 O 3:30 m to 4:15 m 6-7Y
Piano/Ke board Level 1 Saturda 4/10-6/12 9:45 am to 10:30 am 6-7Y
Piano/Ke board Level 1 Frida 4/9-6/11 4:15 m to 5:00 m 8-12Y
Piano/Ke board Level 1 Saturda 4/1 O-6/12 12:15 m to 1:00 m 8-12Y
Piano/Keyboard Level 2 Monday, 4/5-6/7 4:15 pm to 5:00 pm 6-12Y
5:00 m to 5:45 m
Piano/Keyboard Level 2 Thursday, 4/8-6/10 4:15 pm to 5:00 pm 6-12Y
5:00 m to 5:45 m
Piano/Keyboard Level 2 Friday, 4/9-6/11 3:30 pm to 4:15 pm 6-12Y
5:00 pm to 5:45 pm
5:45 pm to 6:30 pm
6:30 m to 7:15 m 13+
Piano/Keyboard Level 2 Saturday, 4/1 O-6/12 10:30 am to 11:15 am 6-12Y
1 1 :15 am to 12:00 m
Grou Vocal Class Wednesday, 4/7-6/9 5:45 m to 6:30 m 6-12Y
Grou Guitar Class Wednesda 4/7-6/9 3:45 m to 4:30 m 6-12Y
Grou Guitar Class Wednesda 4/7-6/9 4:30 m to 5:15 m 6-12Y
Grou Guitar Class Thursda 4/8-6/1 O 3:45 m to 4:30 m 6-12Y
Grou Guitar Class Thursda 4/8-6/1 O 4:30 m to 5:15 m 6-12Y
~By mutual agreement of both parties, class schedule may change.
3. The number and eligibility of persons to receive the service:
Keyboard Tubetastilc Boa~m, Boom Parent/Child Vocal
Minimum: 6 Minimum: 4 Minimum: 4 Minimum: 4 Minimum: 6
Maximum: 8 Maximum: 6 Maximum: 6 Maximum: 5 Maximum: 8
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 ~~greed 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 th~~ 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 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<~nce.
6. The Contractor shall not promote his/her business to participants registered in the
City's programs.