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INSURANCE ON FILE <br />ViORK MAY PROCEED N-2015-009 <br />UNTIL INSURANCE EXPIRES <br />DATER CLERK � I 2 2016, <br />cy, PR `C.5Ct) RECREATION SERVICES AGREEMENT <br />G4 gTHIS AGREEMENT made and entered into this i st day of January 2015, by and <br />between Bertha Jauregui (hereinafter "Provider") and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing Linder 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 skulls, resources and <br />knowledge to conduct Start Bright 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 ;Cold and that any services performed by Provider under this Agreement will be performed in <br />compliance with such standards as mayreasonably be expected. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />toms 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 eighty percent (80%) of all gross revenue received from program <br />participants. Anticipated revenue frorn this class shall not exceed $25,000 annually. Payment to <br />Provider shall be made within thirty (30) days following completion of the last class taught by <br />Provider that month. <br />3. TERM <br />This Agreement shall commence on January 1, 2015, and terminate on Docernber 31, <br />201 d, unless terminated earlier in accordance with Section 12, below. The Term of this <br />Agreement may be extended upon a writing executed by the City Manager and the City <br />Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Provider shall, duling the entire term of this Agreement, be construed to be an <br />independent contractor and not an employce 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 manlier consistent with all applicable standards and <br />regulations governing such services. Provider shall pay all salaries and wages, employeYs social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />