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INSURANGE ON FILE <br />WORK MAY PROCEED N-2015.117 <br />UNTIL INSURANCE EXPIRES <br />CLERK IF CQUNC% �0j5 <br />DATE: RECREATION SERVICES AGREEMENT <br />O: PRCS/Li) <br />Silvia Cuevas THIS AGREEMENT is made and entered into this 5th day of May 2015, by and between <br />Maria Maddock (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. hi 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 the Provider seventy percent (70%) of all gross revenue received from program <br />participants. Total revenue to Provider shall not exceed $25,000 annually. Payment to Provider <br />shall be made within thirty (30) days following completion of the last class taught by Provider <br />that month. City shall be responsible for collecting all fees from program participants. Provider <br />shall not collect fees but will refer all interested participants to City for registration information. <br />Provider agrees that City shall retain thirty percent (30%) of all gross revenue received from <br />program participants 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 -employee 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, unemployment insurance and similar taxes relating to employees and shall be <br />