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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL, <br />DATE: FED 10 2016 <br />®• �C,s Cry <br />+ + + <br />RECREATION SERVICES AGREEMENT <br />THIS AGREEMENT is made and entered into this 17rx day of December 2015, by and <br />between Illary Archilla ("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 />("City"). <br />RECITALS <br />A. The City desires to retain a recreation set -vice provider having special skills, resources and <br />knowledge to provide Yoga classes in Espanol in its leisure class program. <br />B. Provider represents that it 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 <br />knowledgeable in its 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 />terns and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Provider shall perfora 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 fee. <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 a 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 1 of 8 <br />