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INSURPNDE ON fii <br />WORN Mar RRODHO N•1010464 <br />ONilt INSDRNNH aPIRES <br />7- H/ <br />CIERN 0f DOUNCIIAJG 16 Mri <br />DAZE; <br />O:PRCS (2� CONCESSIONAGREEMENT <br />Silvia Cuevas TEffS AGREEMENT, made and entered iNo Ihis� day of U�l 20(0 by Ruben & <br />IrmsReyes dba Victoria's Kitchen, a sole proprietorship , (hereinafer "Conhaclor "), and the City <br />of Santa Ana, a charier city and municipal corporation organized and existing under the <br />Consthution and laws of (he State of Celifomia @ereinafter "City'). <br />RECITALS <br />A. The City Mirts to retain 3 Contractor having specisl s1kill ad knowledge in the field of <br />foods servicescempara6lewith "high•Ievel" indusVy practice. <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />City, <br />C. In undertaking the performance of lflis Agreement, Contractor represents that it is <br />knowl¢dgeabe E its field and Thal any services performed by ConhaGor wrier this <br />Agreement will be performed N compliance with such standards as may reasonably be <br />expected from a professional °highdeveP'runhactorinthefield. <br />NOW THEREFORE, in consideration ofihemafualand respecfiue promises, and subjcet to fhe <br />farms and conditions hereinafter set forth, thepatries egrce as follows: <br />L SCOPEOFSERVICES <br />Contractor shall perform those services as set forth in the Scopeof Services (Exhibit "A° <br />hereto) and all attachments thereto. In the event of a contliet betwcen the terms of this <br />AgreementandanyExhibilsorAtrachmantshereto, thclermsoflhisAgr cementshallprevail. <br />2 COMPENSATION <br />In censideration for the concession rights grand by this Agreement, Contractor agrees <br />to pay the C8y a monthly concession fce of $900.00 durng the term of Vtis Agreement. The <br />payment isdueenlhefirstofcachmonlh ,inadvanee For ezample,fhepaymenlforSeplember <br />2009 is due September I, 2009. Services for a partial month shall be prorated on a dailybasis. <br />3, TERM <br />This Agreement shall commence on Iha dale lust wrhlen shove and terminate on the Last <br />day of the month (wo years following the date sal forth above, unless terminated ¢artier in <br />accordance whh Secfton 12, below, This A�eemenl may be renewed, al the option of the Chy, <br />forlwoadditionaltwo- yeartennsonthesametermsavconr�inedherein. <br />Contractor shall, during the enfve term of this Agreement, be construed to fie an <br />independent contractor and not an employee of the Chy, This Agreement is not mended nor <br />shall it beconstrued to createan emptoyu- employeerelatienship, ajoint venture relationship, or <br />to allow the City to exercise discretion or control over the pro%ssional manner in which <br />Contractor Qerforrns the services which aze the subject matfer of this Agreement; howevar, the <br />