BACK TO NATIVES RESTORATION 1 - 2011

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1� i SURANCE NOT ON FILE WC required if consultant N- 2011 -033 V..,RK MAY NOT PROCEED has employees. „CLERK OFF COUNCIL 011 DATE: RECREATION PROVIDER AGREEMENT O: PRCS ( / ) Silvia Cuevas THIS AGREEMENT is made and entered into this 3`d day of March, 201 1 by and between Back to Natives Restoration, a non - profit public benefit corporation (hereinafter "Instructor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of healthy living and sustainable environments, to provide instruction for the City's leisure class program. B. Instructor represents that Instructor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Instructor represents that it is knowledgeable in its field and that any services performed by Instructor under this Agreement will be performed in compliance with such standard_ s as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Instructor shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the City's administration of the program, Instructor agrees to pay the City thirty percent (30 1/o) of all gross revenue received from program participants. Payment by Provider shall be made within fifteen (15) days following completion of each class. 3. TERM This Agreement shall commence on the date first written above and terminate on December 311 201 1, unless terminated earlier in accordance with Section 1 1, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recreation 8z Community Services Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Instructor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Instructor performs the services which are the subject matter of this Agreement; however, the services to be provided by Instructor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Instructor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Instructor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: