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KAMINISHI, JUDI N. 1 - 2011
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KAMINISHI, JUDI N. 1 - 2011
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Last modified
4/29/2016 1:08:49 PM
Creation date
2/28/2011 2:13:28 PM
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Contracts
Company Name
KAMINISHI, JUDI N.
Contract #
N-2011-019
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Expiration Date
12/31/2011
Insurance Exp Date
1/1/2012
Destruction Year
2016
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INSURANCE ON FILE <br />WORK MAY PROCEED N-2011-019 <br />UNTIL INSURANCE EXPIRES <br />/-/-/2 <br />CLERK F COUNCIL <br />DATE: �EB <br />2 8 Z01,1 <br />RECREATION PROVIDER AGREEMENT <br />CI) 1P SGS C2> cs�THIS AGREEMENT, made and entered into this I't day of February, 2011 by and <br />between Judi N. Kaminishi, a sole proprietorship (hereinafter "Instructor"), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant to provide music instruction 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 firm 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 (301/6) 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 11, below. The term of <br />this Agreement may be extended upon a writing executed by the Executive Director of Parks, <br />Recreation & 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 />employer's social security taxes, unemployment insurance and similar taxes relating to employees <br />and shall be responsible for all applicable withholding taxes. <br />
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