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INSURANCE ON FILE <br />WORK MAY PROCEED N-2011-136 <br />UNTIL INSURANCE EXPIRES <br />/d2— / — // <br />CLERK OF COUNCIL <br />DATE NOV011 <br />OV 17 RECREATION SERVICES AGREEMENT <br />O: PRCS (/) THIS AGREEMENT made and entered into this 25`h day of October, 201 1 by and <br />Silvia Cueva%etween Kidz Love Soccer, a California Limited Liability Company (hereinafter "Provider"), and <br />the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain an instructor to provide soccer instruction for 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 ofthis Agreement, Provider represents that she is knowledgeable <br />in her 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 />N O W T H E R E F O R E, 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 provide the programs set forth in Exhibit A, Provider <br />agrees to pay the City thirty percent (300/16) of all gross revenue received from program <br />participants. Payment by Provider shall be made within fifteen (1 5) days following completion of <br />each class. <br />3. TERM <br />This Agreement shall commence on January 1, 2012 and terminate on December 31, <br />2012, unless terminated earlier in accordance with Section 1 1, below. The term ofthis <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 ofthis 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 the <br />services which are the subject matter ofthis 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 />