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INSURANCE ON FILE WORK MAY PROCEED N-2023-158 UNTIL INSURANCE94;(,EXPIRES CITY CLERK DATE: RECRE TION SERVICES AGREEMENT FOR ONLINE DRIVNG CLASSES WITH ►Qc�.4 (Q�II S� BAY AREA DRIVING SCHOOL, INC. THIS AGREEMENT is made and entered into on this 1 Oth day of May, 2023 by and between Bay Area Driving School, Inc., a California Corporation ("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"). City and Provider may be collectively referred to as the "Parties" or individually as a "Party." 0 :v c� RECITALS N j A. The City desires to retain a service provider having special skills, resources and knowledge to provide an online, interactive, educational course for driver education, in accordance with the guidelines set by the California Department of Motor Vehicles. B. Provider represents that it is able and willing to provide such services to the City C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in their field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. D. The Parties acknowledge that the City intends to provide recreational activities to the public but must balance the need to comply with all COVID-19 guidance and restrictions. 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 A. Provider shall perform those services as set forth in Exhibit A to this Agreement. B. Provider shall comply with the City's recreation class policy manual and any other City rules and regulations regarding the operation of recreation classes. 2. COMPENSATION a. In consideration for the provision of the programs set forth in Exhibit A, City agrees to pay, and Provider agrees to accept as total payment for their services for the City, seventy percent (70%) of all gross revenue received from program participants. Total annual revenue to Provider shall not exceed Twenty -Five Thousand Dollars and Zero Cents ($25,000). a. Payment to Provider shall be made monthly within thirty (30) days following completion of the last class taught by Provider the prior month. City shall be responsible for collecting all fees from program participants. Provider shall not collect Page 1 of 9