FIGHTING FOR FITNESS 1 - 2011 - Laserfiche WebLink

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INSURANCE ON FILE N -20 11 -068 WORK MAY PROCEED UNTIL INSURANCE EXPIRES / _ -/ 2 LEISURE CLASS AGREEMENT CLERK OkCl1J�IL {. 1. THIS AGREEMENT made and entered into this 18`e day of May 2011 by and between Fighting for Fitness, a non - profit public benefit corporation (hereinafter "Provider "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City")- RECITALS � A aN A. The City desires to retain an instructor having special skill and knowledge in the field of martial arts to teach classes for the City. B. Provider represents that it is able an d willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that he is knowledgeable in his field and that any services performed by Provider under this Agreement will be performed in compliance with such_ standards as may reasonably be expected from a professional in the field. NOW TIIEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1_ SCOPE OF SERVICIES Provider shall provide martial arts classes for children in the City, as set forth in Exhibit A to this Agreement. 2_ COMPENSATION in consideration for the City's administration of the program, Provider agrees to pay the City thirty percent (30 0/16) of all gross revenue received from program participants. Provider retains seventy percent (70 %) of gross revenue from program participants. Payment by Provider shall be made within thirty (30) days following completion of each class. 3_ TERM This Agreement shall commence on the date first written above and terminate on June 30, 2012, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recreation and Community Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: