CHALLENGER SPORTS CORPORATION-2015

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N-2015-08s INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES GC4 WC: 1-1-16 CLERK OF COON C y 2 Q1 RECREATION SERVICES AGREEMENT DATE., v'�` j>R STHIS AGREEMENT is made, and entered into this 4!h of ;May 2015, by and between Challenger Sports Corporation (hereinafter "Provider") and the City of Santa Ana, a charter city and municipal corporation oxganized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to conduct various fitness classes in its leisure class program. B. 'Provider represents that Provider is able and willing to provide such services to the City. C. hi undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the right to provide the programs sot :Cort'h in Exhibit A, City agrees to pay the Provider seventy percent (70%) of all gross revenue received from program participants. Total revenue to Provider shall not exceed $25,000 annually. Payment to Provider shall be made within. thirty (30) days following completion of the last class taught by Provider that month. City shall be responsible for collecting all fees from progrann participants. Provider shall not collect fees but will refer all interested participants to City for registration information. Provider agrees that City shall retain thirty percent (30%) of all gross revenue received from program participants as an administrative fee, 3. TERM This Agreement shall commence on August 1, 2015 and terminate on June 30, 2016, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire torm 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 an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the 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 sinular taxes relating to employees and shall be