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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />® DATE: SEP 12 2019 <br />p 1. 3VSA(NI <br />RECREATION SERVICES AGREEMENT <br />N-2019-171 <br />S wtx C-n'-u" THIS AGREEMENT is made and entered into on this 21st day August, 2019 by and <br />between Tan Nguyen dba West Grove Volleyball, LLC, a California Limited Liability Company <br />("Provider') and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources and <br />knowledge to provide volleyball classes in its recreation class program. <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 she 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 />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 pay <br />the Provider seventy percent (70%) of all gross revenue received from program participants. Total <br />revenue to Provider shall not exceed S25,000.00 annually. Payment to Provider shall be made <br />monthly within thirty (30) days following completion of the last class taught by Provider the prior <br />month. City shall be responsible for collecting all fees from program participants. Provider shall <br />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 September I, 2019 and end on June 30, 2020 unless <br />terminated earlier in accordance with Section 12 below. The term of this Agreement may he <br />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 independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be <br />#7097v2 <br />