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°,iVA,4sL ON FILL N-2016-066 <br />(a t�ti MAY PROCEED <br />t it INSURANCE EXPIRES <br />% RECREATION SERVICES AGREEMENT <br />�CLERK OF CQUNCII� 2p16 <br />DAih": <br />THIS AGREEMENT is made and entered into this 11r day of July, by and between <br />O. PRCS ( / ) Challenger Sports Corporation (hereinafter "Provider") and the City of Santa Ana, a charter city <br />Silvia Cuevas and municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources a <br />and knowledge to conduct various fitness classes in its leisure class program. <br />B. Provider has previously provided fitness classes in its leisure class program. City <br />wants to continue these services with Provider. <br />C. In imdertaking the performance of this Agreement, Provider represents that it is <br />knowledgeable in its 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 right to provide the programs set forth in Exhibit A, City agrees <br />to pay the Provider seventy percent ('70°%) of all gross revenue received from program <br />participants, Total revenue to Provider shall not exceed $25,000 annually. Payment to Provider <br />shall be ruade within thirty (30) days following completion of the. last class taught by Provider <br />that month. City shall be responsible for collecting all fees from program participants. Provider <br />shall not collect fees but will refer all interested participants to City for registration information. <br />Provider agrees that City shall retain thirty percent (30%) of all gross revenue received from <br />program participants as an administrative fee. <br />3. TERM <br />This Agreement shall commence on July 1, 2016 and torminate on ,Tune 30, 2017, rmless <br />terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br />extended for an additional two 1-year periods upon a writing executed by the City Manager and <br />the City Attorney. <br />Page i of 8 <br />