SANTOYO, DANIEL RAMIREZ 1 - 2011

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i�R�.i�4..i ON FILE WD'RK pt IS�'f PROCEED N -201 1-081 UI'�T1LI�JRANCE EXPIRES /� /— /.�. CLERK uF COUNCILS' DATE: JUL Z $ 2011 LEISURE CLASS AGREEMENT THIS AGREEMENT made and entered into this 5`�' day of April 2011by and between Daniel � Ramirez Santoyo, an individual (hereinafter "Instructor "), and the City of Santa Ana, a charter city and — >y municipal corporation organized and existing under the Constitution and laws of the State o£ California � (hereinafter "City "). V V � RECITALS GC d fq � A. The City desires to retain an instructor having special skill and knowledge in the field of dance instruction, to teach Ballet Folklorico classes 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 performance of this Agreement, Instructor represents that he is knowledgeable in his field and that any services performed by Instructor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Instructor shall teach Ballet Folklorico classes as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the City's administration of the program, Instructor agrees to pay the City thirty percent <30 %) of all gross revenue received from program participants. Payment by Provider shall be made within fifteen (15) days following completion of each class. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2012, unless terminated eazlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Pazks, Recreation and Community Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Instructor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Instructor performs the services which aze the subject matter of this Agreement; however, the services to be provided by Instructor shall be provided in a manner consistent with all applicable standazds and regulations governing such services. Instructor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.