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INSURA*X 09 FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRW <br />1 <br />CLERK OF COUNCIL <br />DATE:R 1 6 2014 RECREATION SERVICES AGREEMENT <br />Si�V`lA Ctk"" THIS AGREEMENT made and entered into this 1st day of April 2014, <br />Monserrat Alberto (hereinafter "Provider") and the City of Santa Ana, a <br />municipal corporation organized and existing under the Constitution and law <br />California (hereinafter "City"). <br />RECITALS <br />by and between <br />charter city and <br />s of the State of <br />A. The City desires to retain a recreation service provider having special skills, resources and <br />knowledge to conduct Ballet and Jazz 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 knowledgeable <br />in 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 />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 seventy percent (70%) 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 thirty (30) days following following completion of the last class <br />taught by Provider that month. <br />3. TERM <br />This Agreement shall commence on April 1, 2014 and tenninate on June 30, 2015, 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 City Manager 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 />security taxes, unemployment 'insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes., Provider is not an agent, representative or <br />employee of City and Provider shall have no authority to act on behalf of the City. <br />