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utkfait�s.M ME <br />o4ks Wiwr,' 09QQ EV' N-2016-170 <br />tJL%JTgT U01SOH .,X E MK3 <br />DATE, 20 RECREATION SERVICES AGREEMENT <br />THIS AGREEMENT is made and entered into this 23`d day of November 2016, by and <br />Silvia CuevausetGveen IChai 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 leisure 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 his 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 T1IEREF'ORE, 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 />I. SCOPE OF SERVICES <br />Provider shall perform those services as set forth in Exhibit A to this Agreement, <br />2. COIMPENSATION <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 made monthly within. thirty (30) clays following completion of the last class taught by <br />Provider the prior month, City shall be responsible for collecting all fees from program <br />participants, Provider shall not collect fees but will refer all interested participants to City for <br />registration information. Provider agrees that City shall retain thirty percent (30%) of all gross <br />revenue received front program participants as an administrative fee, <br />1 TERM <br />This Agreement shall commence on January 1, 2017 and end on December 31, 2017, <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 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 />