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J1J)9&W&AdC1 FL QN' ME <br />Wik',IK( Y(A,T FROGEHQ <br />WlN5111E IIRSUIRANOL EXPIRES N-2013A22 <br />ra* 3,)-12 = G L RECREATION SERVICES AGREEMENT <br />CLERK OF COUNCIL <br />QATE., <br />�&HIS RECREATIpN SERVICES AGREEMENT made and entered into this 19"' day of August, <br />N% 2013 by and between Michael Zapata (hereinafter "Provider"), and the City of Santa Ana, a <br />CO charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a Provider having special skill and knowledge in the field of <br />karate to provide karate instruction through the City's 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 <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 from a professional consulting firm in the field. <br />N 0 W T H E R E F 0 R E, 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 />SCOPE OF SERVICES <br />Provider shall perform those services as set forth in Exhibit A to this Agreement. <br />COMPENSATION <br />In consideration for the right to provide the programs set forth in Exhibit A, City agrees <br />to pass through to the Provider seventy percent (70%) of all gross revenue received from <br />program participants. Anticipated revenue from this class shall not exceed $25,000 annually. <br />Payment to Provider shall be made within fifteen (15) days following completion of each class. <br />TERM <br />This Agreement shall commence on the date first written above and terminate on Rine 30, <br />2014, unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of Parks, <br />Recreation and Community Services and the City Attorney. <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 j oint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which Provider <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided 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, employer's social <br />