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E. Provider shall not attend a class or teach any class if Provider is sick or has any <br />symptom(s) associated with COVID-19 including but not limited to, fever above <br />100.4, chills, cough, shortness of breath loss of taste or smell, nausea, muscle or <br />body aches, vomiting, headache, sore throat or diarrhea. <br />F. Provider will not attend class or teach a class if Provider or any member of <br />Provider's household has been asked to quarantine or self -isolate due to symptoms <br />of COVID-19 or a positive test result for COVID-19. <br />G. Provider agrees to have Provider's temperature taken prior to every class, maintain <br />appropriate social distance, and where a mask or face shield. <br />H. Provider acknowledges that, to the extent that City is able to and chooses to conduct <br />classes indoors, this Agreement will also cover classes conducted at one of City's <br />recreational centers during the tern of 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 $25,000. Payment to Provider shall be made monthly within <br />thirty (30) days following completion of the last class taught by Provider the prior month. City <br />shall be responsible for collecting all fees from program participants. Provider shall not collect <br />fees but will refer all interested participants to City for registration information. Provider agrees <br />that City shall retain thirty percent (30%)�of all gross revenue received from program participants <br />as an administrative fee. <br />UNMENWIi0l <br />This Agreement shall commence on October 10, 2020 and end on October 9, 2021 unless <br />terminated earlier in accordance with Section 13 below. The term 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 independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be <br />construed to create an employer -employee relationship, a joint venture relationship, or to allow the <br />City to exercise discretion or control over the manner in which Provider performs the services <br />which are the subject matter of this Agreement; however, the services to be provided by Provider <br />shall be provided in a manner consistent with all applicable standards and regulations governing <br />such services. Provider shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. Provider is not an agent, representative or employee of City and <br />Provider shall have no authority to act on behalf of the City. <br />