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v <br />0 <br />o: } <br />a05 <br />INSRANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLEiti{ OF Qt10F /f <br />CLOUNCiG <br />DATE <br />RECREATION SERVICES AGREEMENT <br />N-2016-075 <br />MAI 2 6 't"13IS AGREEMENT is made and entered into this 12"' day of April 2016, by and between <br />Holistic Yoga and Health LLC dba Body & Brain ("Provider") and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing wider the Constitution and laws of <br />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 Body and Brain YogalTai Chi instruction in its leisure class program. <br />B. Provider represents that Provider is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Provider represents that it is <br />knowledgeable in its field and that auy services performed by Provider under this Agreement <br />will be performed in compliance with such standards as may reasonably be 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 provision of the programs set forth in Exhibit A, City agrees to <br />pay the Provider seventy percent (70%) of all gross revenue received from program participants. <br />Total revenue to Provider shall not exceed $25,WO aumally. 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 far registration information. <br />Provider agrees that City shalt retain thirty percent (30%) of all gross revenue received from. <br />program participants as an administrative fee. <br />3. TERIVI <br />This Agreement shall commence on May 1, 2016 and end on December 31, 2016, unless <br />terminated earlier in accordance with Section 12 below. The terra of this Agreement may be <br />extended upon a writing executed by the City Manager and the City Attorney. <br />4. IN.TDEPENIDENT 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 />Page 1 of 8 <br />