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INSURANCE ON FILE <br />YiORK: MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL, <br />DATE, JUL7 415 <br />RECREATION SERVICES AGREEMENT <br />O: PRCSI(f) <br />Silvia Cuevas THIS AGREEMENT made and entered into this 30th of June of 2015, by and between Don <br />Ruffin and Arlene Ruffin (hereinafter "Provider") and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing tinder the Constitution and laws of the State of <br />California (hereinafter "City). <br />i <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources and <br />knowledge to conduct tennis classes in its leisure class program. <br />8, Provider represents that Provider is able and wilting 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 />NOW TI3EREFORE, in consideration of the mutual raid respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />I. SCOPE OF SERVICES <br />Provider shall perform those services as set forth in Exhibit A. to tlris Agreement. <br />1 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 the last class taught by Provider that <br />month. <br />3. TERTNI <br />This Agreement shall commence on July 1, 2015 and terminate on June 30, 2017, unless <br />terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br />extended upon a writing executed by the City Manager and the City Attorney, <br />4INDEPENDENT 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 not shall it be <br />construed to create an employer-omployee 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 allsalaries 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 />