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nvaURANCE ON FILE N-2017-267 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />—01-117 <br />ERi( OF COUNCIL RECREATION SERVICES AGREEMENT <br />` THIS AGREEMENT is made and entered into this 6`" day of December, 2017, by and <br />CD between Terembang Subandhi ("Provider") and the City of Santa Ana, a charter city and <br />U municipal corporation organized and existing under the Constitution and laws of the State of <br />a California ("City"). <br />C <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources and <br />knowledge to provide Badminton classes in its recreation class pro&ram. <br />B. Provider represents that he/she/it is able and willing to provide -such services to the City. <br />C. In undertaking the performance of this Agreement, Provider represents that he/she/it 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 TI3EREFORE, 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 perforl 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 $25,000.00 annually. Payment to Provider shall be <br />made monthly within thirty (30) days following completion of the last class taught by Provider <br />the prior month. City shall be responsible for collecting all fees from program participants. <br />Provider shall not collect fees but will refer all interested participants to City for registration <br />information. Provider agrees that City shall retain thirty percent (30°%) of all gross revenue <br />received from program participants as an administrative fee. <br />3. TERM <br />This Agreement shall commence on January 1, 2018 and end on December 31, 2018 <br />unless terminated earlier in accordance with Section 12 below. The tenn 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 />