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INSURANCE ON FILE WORK MAY PROCEED UNTIL. INSURANCE EXPIRES Me-3 e- J-5 CLERK OF COUNCIL DATE .312015. RECREATION SERVICES AGREENIENT N-2015-037 0. p RC,S( 1) TFUS AGREEMENT made and entered into this 3 1 " day of March 2015, by and between Take The Stage Productions, (hereinafter "Provider") and the City of Santa Ana, a charter city and ;Q/v municipal corporation organized and existing under the Constitution and laws of the State of IC&W California (hereinafter "City"). RECITALS A. The City desires to retain a recreation service provider having special sldlls, resources and knowledge in the field of stage performance, to provide instruction in the City's leisure class program. 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 THERE IFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions bereinafter sat forth, the parties agree as follows: 1. 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 provide the programs set forth in Exhibit A, City agrees to pay the Provider seventy percent (70%) of all gross revenue received ti°om program participants. Anticipated revenue from this class shall not exceed S25,000 annually. Payment to Provider shall be made within thirty (30) days following completion of each class. 3. TERM This Agreement shall cormnence on March 31, 2015 and terminate on June 30, 2016, unless terminated earlier in accordance with Section 12, below, The terra 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 terra 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-employce 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.