SAFETY DRIVER'S ED 3 -2015 - Laserfiche WebLink

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INSURANCE ON FILE 2045-D56 WORK MAY PROCEED UNTIL INSURANCE.' EXPIRES CLERK OF COUNCIL DATE; bra 2 3 2015 SERVICES AGREEMENT ms Cod /J THIS AGREEMENT is made and entered into this 13t1z day of April 2015, by and (.t2th between Safety Driver's Ed, a limited liability company ("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"). RECITALS A. The City desires to retain a service provider having special skills, resources and knowledge to provide an on-line, interaetive, educational course for driver education, in accordance with the guidelines set by the California Department of Motor Vehicles. B, Provider represents that Provider is able and willing to provide such services to the City. C, In midertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. 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: A. SCOPE OF SERVICES Provider shall perfonv those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the right to provide the programs set :Forth in Exhibit A, City agrees to pay the Provider seventy percent (70%) of all gross revenue received from program participants. Total revenue to Provider shall not exceed $25,000 annually. Payment to Provider shall be made within thirty (30) days following completion of tile last class taught by Provider that month. City shall be responsible'for collecting all fees from program participants. Provider shall not collect fees but will refer all interested participants to City for registration information. Provider agrees that City shall retain thirty percent (30%) of all gross revenue received from program participants as an administrative fee, 3. TERM This Agreement shall be for two (2) years, commencing on July 1, 2015 and ending on June 30, 2017, unless terminated earlier in accordance vvith Section 12 below. 4. INDE;PENDENT CONTRACTOR Provider shall, doming the entire term of this Agreement, be construed to be an indt-pendent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which. Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social