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N-2015-019 <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />l jp -�31-15, 6 RECREATION SERVICES AGREEMENT <br />CLERK OF COUNCII, <br />DATE. <br />0', PACK 0 j THIS AGREEMENT made and entered into this 1't day of January 2015, by and between <br />SEu. VIA Terembang Subandhi, (hereinafter "Provider") and the City of Santa Ana, a charter city and <br />inttnioipai-corporation-oganrzed-and-exiatizzg-under--the-Constitutzan-€eud-laws-o�the vtade-oI'-__. <br />—Z�W—aw. California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a recreation service provider having special sldlls, resources and <br />knowledge to provide badminton courses ire its leisure class program. <br />B. Provider represents that Provider 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 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 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 />1. SCOPE OF SERVICES <br />Provider shall perform those services as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />1'n consideration for the tight to provide the programs set forth in Exlubit A, City agrees to <br />pay the Provider seventy'percent (70%) of all gross revenue received firm program participants, <br />Anticipated revenue from this class shall not exceed $25,000 amnaally. Payment to Provider shall <br />be made within thirty (30) days following completion of each class. <br />3, TERM <br />This Agreement shall commence on January 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 executed by the City Manager and the City Attorney. <br />4, INDEPENDENT CONTRACTOR <br />Provider sb.all, dtuing 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 nor shall it be <br />construed to create an employer-employoc 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 all salades 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 />