Laserfiche WebLink
ur~~r- . ! ~I:. ~} ' v ~~ =~"I~~s N-2010-031 <br />CLE. ~t ~, <br />pATI-, ,~~ ~, ;w~ L~~~ RECREATION FACILITY USE AGREEMENT <br />THIS AGREEMENT, made and entered into this ~~~ day of n~~, 2010 by and <br />between DISCOVERY SCIENCE CENTER OF ORANGE COUNTY, a California non-profit <br />public benefit corporation_(hereinafter "User"), and the CITY OF SANTA ANA, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />1. SCOPE OF AGREEMENT <br />User wishes to utilize portion of City's Zoo to provide summer camping programs to <br />children including residents of the City of Santa Ana. City is willing license use of portions of <br />the Zoo for such purposes in conformance with the terms of this Agreement, including Exhibit A <br />to this Agreement. <br />2. COMPENSATION <br />City will make its facilities available to User in exchange for $25 per student to the City, <br />due and payable the week after each week of camp concludes. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2010, unless terminated earlier in accordance with Section 12, below. The term of <br />this Agreement maybe 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 />User 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 <br />construed to create an employer-employee relationship, a joint venture relationship, or to allow <br />the City to exercise discretion or control over the professional manner in which User performs <br />the services which are the subject matter of this Agreement; however, the services to be provided <br />by User shall be provided in a manner consistent with all applicable standards and regulations <br />governing such services. User shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, User shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. User shall maintain commercial general <br />liability insurance naming the City, its officers, employees, agents, volunteers and <br />