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INSURANCE ON FILE <br />WORK MAY PROCEED N-2015-002 <br />UNTIL INSURANCE EXPIRES <br />P G-Mangaslgg)%D��l-�a%n'� <br />CLERK OP COUNCIL '" �Gopez,RECREATION SERVICES AGREEMENT <br />DATES If <br />WW <br />THIS AGREEMENT made and entered into this l9t day of January 2015, by and between <br />Olynl Peter Mangosing, (hereinafter "Provider") and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City' }. <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources and <br />knowledge to provide Traditional Japanese Martial Arts 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 in <br />its field and that any services performed by Provider under this Agreement will be performed in <br />compliance with such standards as anay 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 to <br />pay the Provider seventy percent (70%) of all gross revenue received from program participants. <br />Anticipated revenue from this class shall not exceed $25,000 annually. Payment to Provider shall <br />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, 2016, <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 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 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-omployee relationship, a joint venture relationship, or to allow tlhv <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 />socli services. Provider shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance andsimilar taxes :relating to employees and shall be responsible for all <br />applicable withholding taxes. Provider is not an agent, representative or employee of City and <br />Provider shall have no authority to act on behalf of the City. <br />1 <br />