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INSURANCE ON FILE N -20'11 -080 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />/- / - 02 0 / G? <br />CLERK OF COUNCIL LEISURE CLASS AGREEMENT <br />DATE JUL 1 3 2011 <br />THIS AGREEMENT made and entered into this 17" day of June 2011 by and between Maria <br />Ruiz, an individual (hereinafter "Provider "), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California (hereinafter <br />"City "). <br />RECITALS <br />A. The City desires to retain an instructor having special skill and knowledge in the field of <br />preschool instruction to provide classes in the City's leisure class program. <br />B. Provider represents that she is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Provider represents that she is knowledgeable <br />in the field and that any services performed by Provider under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional in the <br />field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Provider shall provide preschool instruction in the City's leisure class program, as set forth in <br />Exhibit A to this Agreement. <br />2. COMPENSATION <br />In consideration for the City's administration of the program, Provider agrees to pay the City <br />twenty percent (20 1/6) of all gross revenue received from program participants. Provider shall retain <br />eighty percent (80 1M.) of gross revenue from program part <br />icipants. Payment by Provider shall be made <br />within thirty (30) days following completion of each class. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, 2012, <br />unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br />extended upon a writing executed by the Executive Director of Parks, Recreation and Community <br />Services and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Provider shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which performs the services which are the subject <br />matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner <br />consistent with all applicable standards and regulations governing such services. Provider shall pay all <br />salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Provider shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />