CAZALES, RODOLFO DBA TOYAMA KARATE-DO ORGANIZATION-2016

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n%iowE ON PILE : u ; ,PRAY PROCEED N-2016-129 (Al IL INSURANCE EXPIRES, OF COUNCU, JJW O t,, RECREATION SERVICES AGREEMENT DAM S Nta Cue. VQS0) a THIS AGREEMENT is made and entered into this 9t" day of August 2016, by and between Rodolfo Cazales dba Toyama Karate —Do Organization ("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 ("City"). RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to provide Toyama Karate -Do Martial Arts classes in its leisure class program. B. Provider represents that he is able and 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. 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: 1. SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. COMPENSATION in consideration for the right to provide the programs set forth 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 sball 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 program participants. Provider shall not collect fees but wilt 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 September 1, 2016 and terminate on August 31, 2017, unless terminated earlier in accordance with Section 12, below. 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 an employer -employee relationship, a joint venture relationship, or Page 1 of 8