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INSURANCE ON FILE <br />OK MAY PROCEED <br />,NTIL INSURANCE EXPIRES L 1 /b —,9 <br />GI '' . � <br />CLERK OF C UNCIL 5 2014 <br />DATE i <br />N-2018-094 <br />O: PRCS (®) RECREATION SERVICES AGREEMENT <br />Silvia Cuevas <br />THIS AGREEMENT is made and entered into this 10'h day of May, 2018 by and <br />between Movies by Kids — O.C., LLC. ("Provider") and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources and <br />knowledge to provide Movies by Kids animation classes in its recreation class program. <br />B. Provider represents that it 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 their 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 />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 />2. COMPENSATION <br />In consideration for the provision of the programs set forth in Exhibit A, City agrees to <br />pay the Provider seventy percent (70%) of all gross revenue received from program participants. <br />Total revenue to Provider shall not exceed $25,000.00 annually. Payment to Provider shall be <br />made monthly within thirty (30) days following completion of the last class taught by Provider <br />the prior month. City shall be responsible for collecting all fees from program participants. <br />Provider shall not collect fees but will refer all interested participants to City for registration <br />information. Provider agrees that City shall retain thirty percent (30%) of all gross revenue <br />received from program participants as an administrative fee. <br />3. TERM <br />This Agreement shall commence on July 1, 2018 and end on June 30, 2019 unless <br />terminated earlier in accordance with Section 12 below. The term of this Agreement may be <br />extended by a writing executed by the City Manager 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 />