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N-2020-057 <br />_QG/(0iu-1 <br />CLERKO' OJO, <br />DATE RECREATION SERVICES AGREEMENT <br />Ycskt� i S I� 4 THIS AGREEMENT is made and entered into on this 6' day of December, 2019 by and <br />between Raquel Gutierrez ("Provider") and the City of Santa Ana, a charter city and municipal <br />e corporation organized and existing under the Constitution and laws of the State of California <br />o ("city"). <br />CJ <br />RECITALS <br />L <br />A. The City desires to retain a recreation service provider having special skills, resources and <br />knowledge to provide Zumba classes in its recreation 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 he/she/it is <br />knowledgeable in their field and that any services performed by Provider under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Provider shall perform those services as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />In consideration for the provision of the programs set forth in Exhibit A, City agrees to pay <br />the Provider seventy percent (70%) of all gross revenue received from program participants. Total <br />revenue to Provider shall not exceed $25,000.00 annually. Payment to Provider shall be made <br />monthly within thirty (30) days following completion of the last class taught by Provider the prior <br />month. City shall be responsible for collecting all fees from program participants. Provider shall <br />not collect fees but will refer all interested participants to City for registration information. <br />Provider agrees that City shall retain thirty percent (305/o) of all gross revenue received from <br />program participants as an administrative fee. <br />3. TERM <br />This Agreement shall commence on January 1, 2020 and end on December 31, 2020 unless <br />terminated earlier in accordance with Section 12 below. The term of this Agreement may be <br />extended by a writing executed by the City Manager 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 <br />