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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />/oP- 9/-/( <br />CLERK OF COUNCIL <br />DATE:.TE) <br />O . P JAN 2 5 2016 <br />(I RECREATION SERVICES AGREEMENT <br />THIS AGREEMENT is made and entered into this 28" day of December 2015, by acid <br />between Dagna Esther Estrada ("Provider") and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"), <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources slid <br />knowledge to provide weight loss/nuntition classes in its leisure class progrsm. <br />B. Provider represents that she is able and willing to provide such services to the City. <br />C. hi undertaking the performance of this Agreement, Provider represents that she is <br />knowledgeable in her field and that any services performed by Provider under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />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 provision of 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 />Total revenue to Provider shall not exceed $25,000 annually. Payment to Provider shall be made <br />monthly within thirty (30) days following completion of the last class taught by Provider the <br />prior. month. City shall be responsible for collecting all fees from program participants. <br />Provider shall not collect fees but will refer all interested participants to City for registration <br />information. Provider agrees that City shall retain thirty percent (30%) of all gross revenue <br />received'from program participants as an administrative Bee. <br />3. TERM <br />This Agreement shall commence on January 1, 2016 and end on December 31, 2016, <br />unless terminated earlier in accordance with Section 12 below. The term of this Agreement may <br />be extended upon it writing executed by the City Manager and the City Attorney, <br />4. INDEPENDENT CONTRACTOR <br />Provider shall, during the entire tern 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 />Page I of 8 <br />N-2016-010 <br />