WEBBY DANCE COMPANY 1 - 2013 - Laserfiche WebLink

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;iv-URANCE ON FILE gtiORK NIAY PROCEED N-2013-009 UNTIL INSURANCE EXPIRES CLERK OF COUNCIL RECREATION SERVICES AGREEMENT DATE; _ 6 Z�1'3 THIS AGREEMENT made and entered into this day of 20 11 by and between Webby Dance Company (hereinafter "Provider"), and the City of lanta Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). V ea RECITALS > aN O A. The City desires to retain an instructor to provide instruction in its leisure class program. B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION City shall collect participant registration fees for Provider. In consideration for City's administration of the leisure class programs set forth in Exhibit A, Provider agrees that City shall retain twenty percent (20%) of gross revenue received from program participants. City shall pass through to Provider eighty percent (80%) of gross revenue collected from participants. Payment to Provider shall be made within thirty (30) days following completion of each class. Anticipated revenue from this class shall not exceed $25,000 annually. 3. TERM This Agreement shall commence on January 1, 2013 and shall terminate on December 31, 2014, unless terminated earlier in accordance with Section 11, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recreation and Community Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social