ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER 8 (3) - 2015

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INSIIRMCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES GL-.Ixxi 1S wC, tiIA'f� CLERK OF COUNCIL DAIS: 0 2 2 2015 f�'. PRCSCI7 RECREATION SERVICES AGREEMENT W" THIS AGREEMENT is made and entered into this 6th day of May 2015, by and between &OMV Orange County Children's Therapeutic Arts Center ("Provider"), a California nonprofit public benefit corporation, and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City") - RECITALS A. The City desires to retain a service provider having special skills, resources and knowledge to provide drawing, painting, and dance instruction in its recreation classes program. Fl. 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: 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 from program participants. Total revenue to Provider shall not exceed $25,000 during the term of this Agreement. Payment to Provider shall be made within thirty (30) days following completion of the last class taught by Provider that month. City shall be responsible for collecting all fees from program participants. Provider shall not collect fees but will refer all interested participants to City for registration information. Provider agrees that City shall retain thirty percent (30%) of all gross revenue received from program participants. 3. TERM This term of this Agreement shall commence on July 1, 2015.and ending on June 30, 2016, unless terminated earlier in accordance with Section 12 below. 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