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INSURANCE ON PILE <br />WORT( MAY PROCEED N-2014-153 <br />UNTIL INSURANCE EXPIRES <br />9—act—IS <br />CLERK OF COUNCIL <br />p,.t'RCS ATE: �� RECREATION SERVICES AGREEMENT <br />DEC 2 <br />THIS AGREEMENT made and entered into this 1" day of January 2015, by and between <br />ast Live Oak School, Inc. (hereinafter "Provider") and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources and <br />knowledge to conduct nature 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 completion of each class. <br />3. TERM <br />This Agreement shall commence on January 1, 2015 and terminate on December 31, <br />2016, unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of Parks, <br />Recreation raid 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 aubject 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 tees, unemployment insurance and similar taxes relating to employees and slid be <br />