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N- 2011 -029 <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />_ o <br />Off. <br />CLERK OF COUNCIL �� RECREATION PROVIDER AGREEMENT <br />DATE: � 'o2-S �I <br />THIS AGREEMENT, made and entered into this 1�` day of February, 2011 by and <br />O: PRCS (/ ) between Laura Ramirez, an individual (hereinafter "instructor "), and the Ci[y of Santa Ana, a <br />Silvia Cuevas charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant to provide dance 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 />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 11, below. The term of <br />this Agreement may be extended upon a writing executed by the Executive Director of Parks, <br />Recreation &c 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 />