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INSURANCE ON FILE N- 2009 -134 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />LER:. NOV 2 3 2009 RECREATION SERVICES AGREEMENT <br />0. pp CS C2) <br />A+hena. THIS AGREEMENT made and entered into this day of November, 2009 by and <br />MaY'hirezbetween Claudia Carbonell (hereinafter "Provider "), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skill and knowledge in the <br />field of modeling and self - improvement. <br />B. Provider represents that Provider is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable <br />in its 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. <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 />I. SCOPE OF SERVICES <br />Provider shall perform those services as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. In consideration for the right to provide the programs set forth in Exhibit A, Provider <br />agrees to pay the City 30% of all gross revenue received from program participants. <br />b. Payment by Provider shall be made within fifteen (15) days following completion of <br />each class. <br />3. TERM <br />This Agreement shall commence on the date set forth above and terminate on March 31, <br />2010, unless terminated earlier in accordance with Section 11, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of Parks, <br />Recreation and Community Services and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Provider shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer - employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the manner in which Provider performs <br />