MADRIGAL, MARIA 1 - 2011 - Laserfiche WebLink

Home Browse Search

IN_URANCE ON FILE VVORK MAY PROCEED N-2011-089 UNTIL INSURANCE EXPIRES C-9- 19 -./6p- CLERK OF COUNCIL DATE: 2101 LE EISURCLASS AGREEMENT JUL THIS AGREEMENT made and entered into this 18'h day of May 2011 by and between Maria Madrigal, an individual (hereinafter "Provider"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). 01 Z RECITALS -- v rn w A. The City desires to retain an instructor having special skill and knowledge in the field of .� dance to provide Zumba classes for the City's leisure class program. d N O B. Provider represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that he is knowledgeable in his field and that any services performed by Provider 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 Provider shall provide fitness dance classes for the City's leisure class program, as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the City's administration of the program, Provider agrees to pay the City thirty percent (30%) of all gross revenue received from program participants. Provider retains seventy percent (70%) of gross revenue from program participants_ Payment by Provider shall be made within thirty (30) 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 earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recreation and Community Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Provider 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 an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider 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.