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INSURANCE ON FILE <br />WORK 14AY PROCEED <br />UNTIL IRSUR&RCE EXPIRES <br />,°I <br />DATE: 56WT '2013 1`'han <br />®. p»CS /TaYM <br />' <br />RECREATION SERVICES AGREEMENT <br />N -2013 -089 <br />THIS AGREEMENT made and entered into this 44 day of -- — 2013, <br />by and between Readwrite Educational Solutions, Inc., a California cor oration ('hereinafter <br />"Provider ") and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the 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 <br />and knowledge to conduct educational classes for children ages 6 to 12 in its leisure class <br />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 <br />knowledgeable in its field and that any" services performed by Provider imder this Agreement <br />will be per-fomled 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 />I. 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, City agrees <br />to pay the Provider ninety percent (90 %) of all gross revenue received from program <br />participants. Anticipated revenue from this class shall not exceed $25,000 annually. Payment to <br />Provider shall be made within fifteen (15) days following completion of each class, <br />3. TERM <br />This Agreement shall commence on July 1, 2013 and terminate on June 30, 2014, unless <br />terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br />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 <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 />