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oNSURANCE ON FILE N-2013-011 <br />WCRK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />/a -L3/- /,:3 <br />CLERK Or COUNCIL <br />DATE: 20 RECREATION SERVICES AGREEMENT <br />_ 6 <br />N <br />> THIS AGREEMENT made and entered into this day of ?cam►' '20/5 by <br />Zand between Bertha Jauregui (hereinafter "Provider"), and the City of Santa Ana, a charter city <br />v� 0 and municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />aN <br />O RECITALS <br />A. The City desires to retain an instructor to provide instruction 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 />City shall collect participant registration fees for Provider. In consideration for City's <br />administration of the leisure class programs set forth in Exhibit A, Provider agrees that City shall <br />retain twenty percent (20%) of gross revenue received from program participants. City shall pass <br />through to Provider eighty percent (80%) of gross revenue collected from participants. Payment <br />to Provider shall be made within thirty (30) days following completion of each class. Anticipated <br />revenue from this class shall not exceed $25,000 annually. <br />3. TERM <br />This Agreement shall commence on January 1, 2013 and shall terminate on December <br />31, 2014, 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 />1 <br />