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INSURANCE ON FILE <br />WORK MAY PROCEED <br />ON`fILINSURANCE EXPIRES <br />J nNO (/ L _ <br />CLERK OF COUNCIL <br />DATE: AP 1 2013 <br />0;PReSC1 <br />RECREATION SERVICES AGREEMENT <br />N- 2013 -021 <br />1 Y9Q THIS AGREEMENT, made and entered into this I" day of January 2013 by and between <br />CUMS Blueray Management, LLC, a California limited liability company (hereinafter "Provider "), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources and <br />knowledge to manage the City's aquatics programs at City pools. <br />B. Provider represents that Provider is able and willing to provide such services to the City. <br />C. hr undertaking the performance of this Agreement, Provider represents that it is knowledgeable in <br />its field and that any services performed by Provider under this Agreement will be performed in <br />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 />The Provider shall provide a comprehensive recreational swim program, including learn -to- <br />swim lessons, water polo and swim team programs that benefit the youth of the City, as set forth in <br />Exhibit A, attached to this Agreement and incorporated by this reference. The Provider shall manage <br />all aquatics programming at the five city pools (Memorial, El Salvador, Jerome, Santa Anita, and <br />Salgado), with the exception of recreational swim. The Provider shall be responsible for all program <br />operation, payroll and related expenses related to learn -to -swim lessons, swim team and water polo. <br />The City shall be responsible for all maintenance, gas, water, electricity and related facility expenses, <br />and recreational swim at all five city pools. This Agreement is designed to benefit the youth and <br />families of Santa Ana by offering additional aquatic programs to the community. <br />2. COMPENSATION <br />In consideration for the right to use the City facilities, Provider shall be responsible for all <br />program costs (except those facility costs to be assumed by the City as set forth above) and shall have <br />the right to collect all registration fees as set forth in Exhibit A, and retain all program revenues. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on December <br />31, 2014 unless terminated earlier in accordance with Section 12, below. The term of this Agreement <br />may be extended upon a writing executed by the Executive Director of Parks, Recreation and <br />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 independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed <br />to create an employer - employee relationship, a joint venture relationship, or to allow the City to <br />exercise discretion or control over the professional manner in which Provider performs the services <br />which are the subject matter of this Agreement; however, the services to be provided by Provider shall <br />