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INSIiRq►N6E ON FILE <br />IN90RMC OrIA1P PROCEED <br />UNTIL (NSIl�RANCE EXPIRES <br />/or^- 3/ —/.2 <br />CLERK OF COYINCl�R 1 22,01 <br />DATE: A <br />N- 2012 -034 <br />O: PRCS ( / ) RECREATION SERVICES AGREEMENT <br />Silvia Cuevas <br />THIS AGREEMENT made and entered into this 12`h day of March, 2012 by and between Aurelia <br />Castillo (hereinafter "Provider "), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain an instructor to teach Zumba 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 in its <br />field and that any services performed by Provider under this Agreement will be performed in compliance <br />with such standards as may reasonably be expected. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />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 agrees to <br />pay the City thirty percent (30 %) of all gross revenue received from program participants. Payment by <br />Provider shall be made within fifteen (15) days following completion of each class. <br />3. TERM <br />This Agreement shall commence on April 1, 2012 and terminate on June 30, 2013, unless <br />terminated earlier in accordance with Section 1 1, below. The term of this Agreement may be extended <br />upon a writing executed by the Executive Director of Parks, Recreation and Community Services and the <br />City Attorney. <br />4. iNDEPENDEINT CONTRACTOR <br />Provider 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 construed to <br />create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the manner in which Provider performs the services which are the subject <br />matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner <br />consistent with all applicable standards and regulations governing such services. Provider shall pay all <br />salazies and wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Provider shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />