DISCOVERY SCIENCE CENTER OF ORANGE COUNTY (4) - 2014

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INIURANCE ON FILE gRK MAY PROCEED N-2014-028 UN%�Ns�sN/ H FIRES CLERK OF COUNCIL gA7E1 Jb%4 RECREATION FACILITY USE AGREEMENT ; o • THIS AGREEMENT, made and entered into this 6 day of January, 2014 by and Si1Y1 G between DISCOVERY SCIENCE CENTER OF ORANGE COUNTY, a California non-profit CAe' public benefit corporation (hereinafter "User"), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. User wishes to utilize portion of the Santa Ana Zoo at Prentice Park to provide summer camp programs to children including residents of the City of Santa Ana. B. City is willing to allow use of portions of the Zoo for such purposes in conformance with the terms of this Agreement. 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. GRANT OF PERMISSION City hereby grants User the right to utilize the Santa Ana Zoo at Prentice Park to operate an educational summer camp for children ages 5-10 years old, as set forth in Exhibit A, attached hereto. Such use shall be and remain subject to the priority use of the property by City, and its invitees, as a zoo facility open to the public. User agrees to provide said summer camp in compliance with all requirements of the Zoo Director and the Executive Director of Parks, Recreation and Community Services. 2. COMPENSATION City will make the zoo facility available to User in exchange for $25 per student to the City, due and payable the week after each week of camp concludes. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2014, unless terminated earlier in accordance with Section 11, below. The term of this Agreement may be extended up to two additional one-year periods, at the option of the City Manager. The extension option shall be exercised in writing executed by the City Manager. 4. INDEPENDENT CONTRACTOR User shall, during the entire tern 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 professional manner in which User performs the services which are the subject matter of this Agreement; however, the services to be provided by User shall be provided in a manner consistent with all applicable standards and regulations governing such services. User shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.