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INSUMACE OR FILE. <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXNRES N-2015-O26 <br />/a"3 1`5 RECREATION SERVICES AGREEMENT <br />CLERK OF CO ffQ§ 2 D <br />D?7E: C1� tt THIS AGREEMENT made and entered into this 1st day of January 2015, by and <br />d to between The Academy of International Dance, a California corporation (hereinafter "Provider") and <br />the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of 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 dance 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 in <br />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 />j <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 xw, & <br />This Agreement shall commence on January 1, 2015 and terminate on December 31, N41711 <br />unless terminated earlier in accordance with Section 1.2, 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 -employee relationship, a joint venture relationship, or to allow the <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 />such services. Provider shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar 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 />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Provider shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />