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�. <br />INSURANCE ON FILE N -201 2 -053 <br />WORK i,AAY' PROCEED <br />UNTeL INSURANCE EXPIRES <br />-�3 RECREATION SERVICES AGREEMENT <br />CLERK OF COUNCIL � �LQ'\ <br />DATE:. MP`( � THIS AGREEMENT made and entered into this 23r° day of April, 2012, by and between <br />��. PRA -S�l� Laura Simon, a sole proprietorship, (hereinafter "Provider "), and the City of Santa Ana, a charter <br />S 11V�q city and municipal corporation organized and existing under the Constitution and laws of the <br />���� State of California (hereinafter "City ")_ <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skill and knowledge in the <br />field of exercise training. <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 />[n consideration for the right to provide the programs set forth in Exhibit A, Provider <br />agrees to pay the City 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 the date set forth above and terminate on June 30, <br />2013, unless terminated earlier in accordance with Section 1 1, 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 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 are 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 />