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N-2019-081 <br />INSURANCE, ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE: EXPIRES RECREATION SERVICES AGREEMENT <br />®CLERKq' l VC <br />DAIF; '1QyAGREEMENT is made and entered into an this 9th day April, 2019 by and between <br />pSantiago Bautista ("Provider") and the City of Santa Ana, a charter city and municipal corporation <br />o- g M I(tganized and existing under the Constitution and laws of the State of California ("City,'). <br />Sr4ua. C..tit�t.� <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources and <br />knowledge to provide TKK Karate Do classes in its recreation class program. <br />B. Provider represents that he is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Provider represents that he is <br />knowledgeable in his field and that any services performed by Provider under this Agreement <br />will be performed in 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 provision of the programs set forth in Exhibit A, City agrees to pay <br />the Provider seventy percent (70%) of all gross revenue received from program participants. Total <br />revenue to Provider shall not exceed $25,000.00 annually. Payment to Provider shall be made <br />monthly within thirty (30) days following completion of the last class taught by Provider the prior <br />month. City shall be responsible for collecting all fees from program participants. Provider shall <br />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 commence on July 1, 2019 and end on June 30, 2020 unless <br />terminated earlier in accordance with Section 12 below. The tern of this Agreement may be <br />extended by a writing executed by the City Manager and the City Attorney. <br />4. INDEPENDENT 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. This Agreement is not intended nor shall it be <br />construed to create an employer -employee relationship, ajoint venture relationship, or to allow the <br />City to exercise discretion or control over the manner in which Provider performs the services <br />