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IIMg4lfe'tit4U ON FILE <br />Mw t,MAV PROMEB H-2015. <br />uNT#t INMA E ER RECREATION SERVICES AGREEMENTQ1$ <br />R'q UCLEK <br />DATEco <br />T111S AGREEMENT made and entered, into this Ayr day of January 2015, by and between Flor <br />C> I Hernandez, an individual, (hereinafter "Provider") and the City of Santa Ana, a charter city and <br />SAW municipal corporation organized.and existing tinder the Constitution and laws of the State of California <br />ca vojo (herebraf}er "City"),. <br />RECITALS <br />A. The City desires to retanx a recreation service provider having special skills, resources and <br />knowledge to the field of aerobics, to provide instruction .in the City's leisure class program, <br />B, Provider represents that Provider is able acid willing to provide such services to the City: <br />C. In undertaking the performance of this Agreement,, Provider, represents that it is knowledgeable in its <br />field and that any services performed by Provider under this Agreement will be perl`orrned in compliance <br />with such standards as may reasonably be expected. <br />NOW THEREFORE, in consideration: of the mutual and respective promises, and subject ect to the terms <br />and, conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Provider shall performthoseservices as sot forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />In consideration for the might to.provide the programs set forth :in Exhibit A, City agrees to pay <br />the Provider seventy present (70`) of the total fees all gross revenue received h om program. <br />participants. Anticipated revenue from this class shall, .not exceed $25,000 during the term of this <br />Alit^eement. Payment to Provider shall be, trade within thirty (30) days following completion of the <br />class session. <br />3. TERM <br />This Agreement shall co'rrunence on ;January 1.1 2015 and terminate on December: 31, 2016, <br />unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br />extended upon a writing expected by the City Manager and the City Attorney, <br />4, INDEPP&N ENT 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. Vffs Agreement is not intended nor shall it be construed to <br />create an -employer -employee rehationship, a joint venture relationship, or to allow the City to exercise. <br />discretion or control over the manner in which Provider performs the services which are the subject <br />matter of this Agreement, however, the services to be provided by Provider shall be provided in a <br />manner consistent with all applicable standards and regulations govetuing such services. "Provider:shalll <br />pay all salaries and wages, employer's social security:taxes,- unemployment insurance and similar taxes <br />relating to employees and shad he responsible for all applicable withholding taxes, Provider is not an <br />agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. <br />