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INSURANCE ON FILE WC required if consultant N- 201'1 -017 <br />WORK MAY PROCEED has employ <br />UNTIL INSURANCE EXPIRES <br />/ —// <br />CLERK OF COUNC <br />DAT�EB `Z 'Z ��� _ R CREATION PROVIDER AGREEMENT <br />O: PRCS (�) THIS AGREEMENT, made and entered into this 1 �` day of February, 201 1 b and <br />Silvia Cuevas between Youn Cham ions, anon- rofit y <br />g p p public benefit corporation (hereinafter "Instructor "), and <br />the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant to provide self defense classes in the City's leisure <br />class program. <br />B. Instructor represents that Instructor is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Instructor represents that it is <br />knowledgeable in its field and that any services performed by Instructor under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting fine in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Instructor shall perform those services as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />In consideration for the City's administration of the program, Instructor agrees to pay the <br />City thirty percent (30 %) of all gross revenue received from program participants. Payment by <br />Provider shall be made within fifteen (15) days following completion of each class. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2011, unless terminated earlier in accordance with Section 1 1, below. The term of <br />this Agreement may be extended upon a writing executed by the Executive Director of Parks, <br />Recreation Rc Community Services Agency and the City Attorney. <br />4_ INDEPENDENT CONTRACTOR <br />Instructor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer - employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Instructor performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Instructor shall be provided in a manner consistent with all applicable <br />standards and regulations governing such services. Instructor shall pay all salaries and wages, <br />employers social security taxes, unemployment insurance and similar taxes relating to employees <br />and shall be responsible for all applicable withholding taxes. <br />