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INSURANCE ON FILE N-2011-148 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />9— a22 <br />CLERK OF COUNCIL 9 ?.0,*RECREATION SERVICES AGREEMENT <br />,AN <br />THIS AGREEMENT made and entered into this 281h day of November, 2011 by and <br />between Coast Live Oak School, a California corporation (hereinafter "Provider"), and the City <br />of Santa Ana, a charter city and municipal corporation organized and existing under the <br />m Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />d CO <br />O A. The City desires to retain an instructor to teach Native Skills Camp in its leisure class 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 it is knowledgeable <br />in its 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 />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 />In consideration for the right to provide the programs set forth in Exhibit A, Provider <br />agrees to pay the City thirty percent (301/6) of all gross revenue received from program <br />participants. Payment by Provider shall be made within fifteen (15) days following completion <br />of each class_ <br />3. TERM <br />This Agreement shall commence on December 1, 2011 and terminate on December 31, <br />2012, 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 />to allow the City to exercise discretion or control over the manner in which Provider performs <br />the services which are the subject matter of this Agreement; however, the services to be provided <br />by Provider shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Provider shall pay all salaries and wages, employer's social <br />security taxes, unemployment mi ce and similar taxes relating to employees and shall be <br />responsible for all applicable-yi�ding taxes. <br />