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;NSURANCE ON FILE N-2010-021 <br />',, OZK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />/-/- oed// <br />CLERK OF COUNCIL RECREATION SERVICES AGREEMENT <br />DATE. 3-/? / J <br />PRCS (Z) THIS AGREEMENT made and entered into this 12th day of February, 2010 by and <br />nbetween Charo Fiorentini (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 home office development and Spanish language training. <br />B. Provider represents that Provider she is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Provider represents that she is <br />knowledgeable in the field and that any services performed by Provider under this Agreement <br />will be performed 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 />1. 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 as set forth in <br />Exhibit A. <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 December <br />31, 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 />