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F. Class Cancellation and Rescheduling. If for any reason Provider must cancel a class or other program, Provider shall give City as much prior notice as possible:. Provider shall be responsible for contacting all students. G. Class Enrollment. Classes or programs may be cancelled if enrollment minimums are not met, Provider shall coordinate with City regarding transfer or withdrawal of participants. 1-1. Attendance Sheets. Provider shall complete an attendance sheet listing participants° names and shall submit all attendance sheets to the Parks, Recreation, and Community Services Agency at the conclusion of each swim session or program. 1. l in�.eertirinting/Backs~round Checks. Prior to performing services under this Agreement, and at Provider's sole expense, all personnel shall be fingerprinted through Live Scan for completion of a criminal record check by the California Department of Justice. No personnel convicted of any offense specified in California Public Resources Code section 5164 shall be permitted to perform services this Agreement. If at any time Provider fails to comply with this Section L, City may terminate this Agreement immediately and without penalty. Provider shall also comply with all screening and background check requirements of California Penal Code section 11105.3. Provider warrants and represents that none of its employees, agents, or volunteers will provide services under this Agreement unless the proper screening and any necessary notification to City under the above code sections have taken. place. 2. COMPENSATION I e, As total and complete compensation for Provider's ,services under.this ,Agreement, Provider shall have the right to collect and retain all program fees and revenues stated in Exhibit A. Provider shall be responsible for all program costs, excopt chose facility costs fo be assum by the City. The total amount to be expended under this Agreement sltall, exceed $25,0g4: 3. TERM This Agreement shall commence on January 1, 2019 and continue through December 31, 2019, unless terminated earlier in accordance with. Section 12, below,. The term of this Agreement maybe extended for.an additional one-year period by a writing. executed by the City Manager And the City Attorney. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this .Agreement be construed to be an independent 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 security taxes, unemployment insurance and similar taxes relating to employees and shall be