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10-001 Legato Music School, Haruna ShiokawaAGREEMENT CITY OF CUPERTINO 10300 Torr<: Avenue 1 Cupertino, C:A 95014 ~-y~,~~/ ~f~ (408) 777-3200 NO. !/~~ ~J / ` ~~ ~~ Fiscal Year 09/10 BY THIS AG MENT made and entered into on the 22nd day of January, 2010 by and between the CITY OF CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Legato Music School (2) Haruna Shiokawa Address: (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, and vocal classes for the Afte:rschool Enrichment Program. EXHIBITS: The following attached exhibits hereby are made Dart of this Agreement: Exhibit A and B TERMS: The services and/or materials furnished under this Agreement shall commence on February 22. 2010 and shall be completed before June 4. 2010. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 70% of final roster fees, minus a $ 10.00 administrative fees per participant Reimbursement for books for keyboarding, not to exceed $12.00 per book GENERAL TERMS AND CONDITIONS: Hold Harmless. CONTRACTOR agrees to save and hold h:~rmless 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 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 A~3reement 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: Christine Hanel DEPT\RTMENT: Parks 8. Recreation This Agreement shall become effective upon its execution bpi CITY. In witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: / L~ /~r "-`s'~~~~~ ITY~F CUPERTINO: By: ~ B~~/.1 Title: ViIV~~ Title: Recreation Supervisor APPROyB.~S _~' EXPENDITURE DISTRIBUTION DEPA EN - DATE ACCOUNT NUMBER AMOUNT -__ ~~ 580-6349-7014 $ 3,000.00 CIT L K -- D E C~ EXH I E31T 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 sigreed 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 perfiormed by the Contractor. 5. The Contractor shall comply with all appli~;able 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~rnce. 6. The Contractor shall not promote his/her I~usiness to participants registered in the City's programs. EXHIBIT B (Services) 1. The services to be performed by CONTRACTOR: The contractor shall provide vocal, instrumental, and keyboarding classes to students enrolled in the Afterschool Enrichment Program. 2. The times and places CONTRACTOR will perlForm the services: School Class D~ Time Gra de Le ato Pop & Rock 101 Frida 2/26-5/21 5:00 m to 5:55 pm 6-8 Le ato Be innin Flute Ensemble Frida 2/26-5/21 3:25 m to 4:10 m 3-5 Le ato Be innin Flute Ensemble Frida 2/26-5/21 4:15 pm to 5:00 pm 6-8 Le ato Music a La Carte Tuesda 2/23-5/18 2:30 m to 3:15 m K-3 Le ato Clarinet &Saxo hone Ensemble Mlonda 2/22-5/17 3:25 pm to 4:1 O pm 3-5 Le ato Clarinet &Saxo hone Ensemble Mlonda 2/22-5/17 4:15 m to 5:00 pm 6-8 Le ato Be innin Brass Ensemble Thursda 2/25-5/20 5:25 pm to 6:1 O pm 3-5 Le ato Be innin Brass Ensemble Thursda 2/25-5/20 6:15 m to 7:00 pm 6-8 Le ato Be innin Guitar Ensemble T~hursda 2/25-5/20 3:30 pm to 4:15 m K-2 Legato Beginnin Guitar Ensemble Tlhursda 2/25-5/20 4:20 m to 5:05 pm 3-5 Le ato Be innin Guitar Ensemble Tlhursda 2/25-5/20 6:1 O m to 6:55 m 6-8 De Var as Be innin Ke board Tuesda 2/23-5/18 1 :40 m to 2:25 m K-2 De Var as Be innin Ke board Tuesda 2/23-5/18 2:30 m to 3:15 pm 3-5 Le ato Percussion and Drums Tuesda 2/23-5/18 3:15 pm to 4:00 pm 2-5 Le ato Percussion and Drums T~~esda 2/23-5/18 4:00 m to 4:45 pm 6-8 Le ato Fiddles! Be innin Violin Ensemble Tuesda 2/23-5/18 3:30 m to 4:15 pm 2-5 Le ato Fiddles! Be innin Violin Ensemble Tuesda 2/23-5/18 6:15 pm to 7:00 m 6-8 Legato You are the Star! Vocal Solo & Ensemble Thursday, 2/25-5/20 2:45 pm to 3:30 pm K-5 Legato You are the Star! Vocal Solo & Ensemble Thursday, 2/25-5/20 7:00 pm to 7:45 pm 6-8 3. The number and eligibility of persons to receive the service: Kevboarding Instrumental Vocal Solo: Minimum: 5 Minimum: 5 Minimum: 5 Maximum: 8 Maximum: 12 Maximum: 15 4. Payment to CONTRACTORS for services: Payment made on 3/26/1 O, 4/30/1 O, and 5/28/1 O CLASSES WILL NOT BE HELD ON: 3/15, 4/12-4/16, 5/28, and 5/31 THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION PROCEDURES AS LISTED IN THE RECREATIOIV SCHEDULE. PARTICIPANTS SHOULD NOT TAKE PART IN THE CLASS UNLESS THEY ARE LISTED ON THE CLASS ROSTER OR SHOW PROOF OF ENROLLMENT. ALL PARTICIPANTS ,4ND VOLUNTEERS NEED TO COMPLETE THE WAIVER OF LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTOR IS RESPONSIBLE FOR SUPERVISING PARTII~IPANTS AFTER CLASS UNTIL THEIR PARENT/GUARDIAN HAS ARRIVED.