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INSURANCE NO T ON TILE <br />WORK MAY NOT PROCEED <br />CLERK 0 JXR' CIL2019 <br />DATE; 8 <br />O: PRCS (1 ) <br />Silvia Cuevas <br />WC required if consultant <br />has employees. <br />RECREATION SERVICES AGREEMENT <br />N-2019-010 <br />THIS AGREEMENT is made and entered into on this 19th day of December, 2018 by <br />and between Khai Hoang ("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 />("City"). <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources and <br />knowledge to provide dance/fitness classes in its recreation class program. <br />B. Provider represents that he is able and willing to provide such services to the City <br />C. In undertaking the performance of this Agreement, Provider represents that he 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 January 1, 2019 and end on December 31, 2019 <br />unless terminated earlier in accordance with Section 12 below. The term of this Agreement may <br />be extended by a writing executed by the City Manager and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Provider shall, during the entire tern 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 />