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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />N. is •2 z$ <br />CLERK`WT6 2022 <br />N-2022-219 <br />RECREATION SERVICES AGREEMENT FOR ONLINE DRIVNG CLASSES WITH <br />BAY AREA DRIVING SCHOOL, INC. <br />THIS AGREEMENT is made and entered into on this L day of May, 2022 by and <br />between Bay Area Driving School, Inc., a California Corporation ("Provider"), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). City and Provider may be <br />collectively referred to as the "Parties" or individually as a "Parry." <br />RECITALS <br />A. The City desires to retain a service provider having special skills, resources and knowledge to <br />provide an online, interactive, educational course for driver education, in accordance with the <br />guidelines set by the California Department of Motor Vehicles. <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 />D. The Parties acknowledge that the City intends to provide recreational activities to the public <br />but must balance the need to comply with all COVID-19 guidance and restrictions. <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 />A. Provider shall perform those services as set forth in Exhibit A to this Agreement. <br />B. Provider shall comply with the City's recreation class policy manual and any other <br />City rules and regulations regarding the operation of recreation classes. <br />2. COMPENSATION <br />a. In consideration for the provision of the programs set forth in Exhibit A, City agrees <br />to pay, and Provider agrees to accept as total payment for their services for the City, <br />seventy percent (70%) of all gross revenue received from program participants. Total <br />revenue to Provider shall not exceed Twenty -Five Thousand Dollars and Zero Cents <br />($25,000). <br />a. Payment to Provider shall be made monthly within thirty (30) days following <br />completion of the last class taught by Provider the prior month. City shall be <br />responsible for collecting all fees from program participants. Provider shall not collect <br />