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INSURANCE ON FILE <br />WORK MAY PROCEED N-2012-040 <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCt ZU1Z <br />DATE: APR 1 <br />LEISURE CLASS AGREEMENT <br />THIS AGREEMENT made and entered into this I" day of June 2011 by and between Fabian <br />Grassini, an individual (hereinafter "Instructor"), 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 soccer <br />to teach various children's soccer lessons for the City. <br />B. Instructor represents that he is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Instructor represents that he is <br />knowledgeable in his field and that any services performed by Instructor under this Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional in the 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 />Instructor shall provide soccer lessons for children for the City, as set forth in Exhibit A to this <br />Agreement. <br />2. COMPENSATION <br />In consideration for the City's administration ofthe program, Instructor agrees to pay the City <br />thirty percent (30%) of all gross revenue received from program participants. Instructor retains seventy <br />percent (70%) of gross revenue from program participants. Payment by Instructor shall be made within <br />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 />Instructor 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 Instructor performs the services which are the <br />subject matter of this Agreement; however, the services to be provided by Instructor shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. Instructor shall <br />pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes <br />relating to employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Instructor shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />