MAZZOLA, ROBERT 1 - 2011 - Laserfiche WebLink

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INSURANCE NOT ON FILE N-2011-048 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: jAp y 01 LEISURE CLASS AGREEMENT O: PRCS (2 ) Silvia Cuevas THIS AGREEMENT made and entered into this 7°i day of April 2011 by and between Robert Mazzola, an individual (hereinafter " Instuctor"), and the City of Santa Ana, a chatter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California (Hereinafter "City"). RECITALS A. The City desires to retain an instructor having special skill and knowledge in the field of bass guitar, to instruct in the City's leisure class program. B_ Instructor represents that he is able and willing to provide such services to the City. C. In undertaking the perfornnance of this Agreement, Instructor represents that lie is knowledgeable in his field and that any services performed by Instructor under this Agreement will be performed in compliance with such standards as nnay reasonably be expected from a professional in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the tennis and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Instructor shall provide music instruction and lecture classes for children in the City's leisure class progrann, as set forth in Exhibit A to this Agreement. 2. COMPENSATION hn consideration for the City's administration of the program, Instructor agrees to pay the City thirty percent (30%) of all gross revenue received front progrann participants. Payment by Pro•✓ider shall be made within fifteen (15) days following completion of each class. 3. TERM This Agreennent shall commence on the date first written above and terminate on -June 30, 2012, unless terminated earlier in accordance with Section 12, below. The terns of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recreation and Community Sci-v ces and the City Attorry. 4. INDEPENDENT CONTRACTOR Instructor shall, during the entire terms of this Agreement, be construed to be an independent contractor and not an employee of the City. This A&reennent is not intended nor shall it be construed to create an employer-ennployee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Instructor perforins the services which are the subject matter ofthis kg-eei nent; however, the services to be provided by Instructor shall be provided in a manner consistent with all applicable standards and regulations governing such set -vices. Instructor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to ennployees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Instructor shall nnaintain and shall require its subcontractors, if any, to obtain and nnaintain insurance as described below: