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INSURANCE ON FILE. <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />/v -cps 13 <br />CLERK OF COUNCIL <br />DATE: JUL 1 7 2013 <br />RECREATION SERVICES AGREEMENT <br />N-2013-094 <br />0'. PP's (- Q THIS AGREEMENT made and entered into this 19 day of Juno, 2013, by and between <br />y� Nancy Lopez (hereinafter "Provider") and the City of Santa Ana, a charter city and municipal <br />V corporation organized and existing under the Constitution and laws of the State of California <br />\IyhC46 (hereinafter "City"). <br />°^�+ RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources <br />and knowledge to conduct various Zumba classes 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 <br />knowledgeable in its field and that any services performed by Provider under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />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 />Provider shall retain all funds collected from participants in her classes. Anticipated <br />revenue from this class shall not exceed $25,000 annually. <br />3. TERM <br />This Agreement shall commence on the date stated above and terminate on June 30, 2015, <br />unless 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 Community <br />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 <br />construed to create an employer-employee relationship, a joint venture relationship, or to allow the <br />City to exercise discretion or control over the manner in which Provider performs the services <br />which are the subject matter of this Agreement; however, the services to be provided by Provider <br />shall be provided in a manner consistent with all applicable standards and regulations governing <br />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 wider this Agreement, Provider shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />