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<br /> <br /> <br /> <br /> <br /> <br /> <br /> RECREATION SERVICES AGREEX1ENT <br /> <br /> THIS AGREEMENT made and entered into this Is` day of July 2013, by and between <br /> Martin Torres (hereinafter "Provider") and the City of Santa Ana, a charter city and municipal <br /> corporation organized and existing under the Constitution and laws of the State of California <br /> (hereinafter "City"). <br /> RECITALS <br /> A. The City desires to retain a recreation service provider having special skills, resources <br /> and knowledge to conduct Martial Arts techniques for youth in its leisure class program. <br /> <br /> B. Provider represents that Provider is able and willing to provide such services to the City. <br /> <br /> C. In undertaking the performance of this Agreement, Provider represents that it is <br /> knowledgeable in its field and that any services performed by Provider under this <br /> Agreement will be performed in compliance with such standards as may reasonably be <br /> expected. <br /> <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 /> <br /> 2. CONIPEtiSATION <br /> In consideration for the right to provide the programs set forth in Exhibit A, City agrees <br /> to pay the Provider seventy percent (70%) of all gross revenue received from program <br /> participants. Provider shall receive one hundred percent (100%) of the total fees collected each <br /> month at Logan Center. Revenue from this class to Provider shall not exceed $30,000 annually. <br /> Payment to Provider shall be made within fifteen (15) days following completion of each class. <br /> 3. TERNI <br /> This Agreement shall be for a two (2) year period, commencing on July 1, 2013 and <br /> terminating on June 30, 2015, unless terminated earlier in accordance with Section 12, below. <br /> The term of this Agreement may be extended upon a writing executed by the Executive Director <br /> of Parks, Recreation and Community Services and the City Attorney. <br /> <br /> 4. INDEPENDENT CONTRACTOR <br /> Provider shall, during the entire term of this Agreement, be construed to be an <br /> independent contractor and not an employee of the City. This Agreement is not intended nor <br /> shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br /> to allow the City to exercise discretion or control over the manner in which Provider performs <br /> the services which are the subject matter of this Agreement; however, the services to be provided <br /> by Provider shall be provided in a manner consistent with all applicable standards and <br /> regulations governing such services. Provider shall pay all salaries and wages, employers social <br /> <br /> <br /> 1 <br /> <br /> <br /> 25B-3 <br />