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INSURANCE ON FILE WC re wired if consultant has <br />WORK MAY PROCEED 4 <br />UNTIL INSURANCE EXPIRES employees <br />N- 2011 -116 <br />/ -/ -/2 <br />CLERK OF COUNCIL RECREATION SERVICES AGREEMENT <br />DATE:, �(;T - rj Z��i <br />O• PRCS (/) THIS AGREEMENT made and entered into this 12`x' day of September, 2011 by and <br />• Silvia Cueva�etween Suzanne Ryan, an individual (hereinafter "Provider "), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (hereinafter "City "). <br />RECI'T'ALS <br />A The City desires to retain an instructor to provide an exercise class in the City's leisure class <br />program <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 she is <br />knowledgeable in her 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 provide instruction services as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION � � �� <br />In consideration for the right to o ide the programs set forth in Exhibit A, Provider <br />agrees to pay the City thirty percent o of all gross revenue received from program <br />participants. Payment by Providers 1 be made within fifteen (15) days following completion of <br />each class. <br />3_ TERM <br />This Agreement shall commence on October 1, 2011 and terminate on June 30, 2012, <br />unless terminated earlier in accordance with Section 11, below. The term of this Agreement may <br />be extended upon a writing executed by the Executive Director of Parks, Recreation and <br />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 anemployer- employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the manner in which Provider performs the <br />services which aze the subject matter of this Agreement; however, the services to be provided by <br />Provider shall be provided in a manner consistent with all applicable standards and regulations <br />governing such services. Provider 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, Provider shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />