BLUERAY MANAGEMENT, LLC (3) -2015

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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES N-2015-031 GL s•A-t, WC RECREATION SERVICES AGREEMENT CLERK OF COUNCIL DATE: OR 1,2 2015 0� h��^,� THIS AGREEMENT made and entered into this 1'` day of January 2015, by and between S��"u`A Blueray Management, LLC, a California limited liability company (hereinafter "Provider") and the Capja&,j City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). A. The City desires to retain a recreation service provider having special skills, resources and knowledge to manage the City's aquatics program at City pools. B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the right to use the City facilities, Provider shall be responsible for all program costs (except those facility costs to be assumed by the City as set forth in Exhibit A to this Agreement) and shall have the right to collect all registration fees as set forth in Exhibit A, and retain all program revenues. Anticipated revenue from this class shall not exceed $25,000 annually. 3. TERM This Agreement shall commence on January 1, 2015 and terminate on December 31, 2016, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. 1