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INSURANCE ON Fit <br />WORK NIAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />e - 3 45, <br />CLERK of CS r:u2 5 �� <br />DATE: <br />© : PROS/(i ) <br />RECREATION SERVICES AGREEMENT <br />N-2015-109 <br />Silvia Cuevas THIS AGREEMENT is made and entered into this 23'd of April 2015 by and between <br />, <br />Kay Cotter (hereinafter "Provider") and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources and <br />knowledge to conduct various fitness 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 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 />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 <br />to pay Provider ninety percent (90%) of all gross revenue received from program participants. <br />Total revenue to Provider shall not exceed $25,000 annually. Payment to Provider shall be made <br />within thirty (30) days following completion of the last class taught by Provider that month. City <br />shall be responsible for collecting all fees from program participants. Provider shall not collect <br />fees but will refer all interested participants to City for registration information. Provider agrees <br />that City shall retain ten percent (10%) of all gross revenue received from program participants <br />as an administrative fee. <br />3. TERM <br />This Agreement shall be for two (2) years, commencing on July 1, 2015 and ending on <br />June 30, 2017, unless terminated earlier in accordance with Section 12, below. <br />4. INDEPENDENT CONTRACTOR <br />Provider shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer-employce 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 manner consistent with all applicable standards and <br />regulations governing such services. Provider shall pay all salaries and wages, employer's social <br />security taxes, waamployment insurance and similar taxes relating to employees and shall be <br />