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d. Provider will not attend class or teach a class if Provider or any member of Provider's <br />household has been asked to quarantine or self -isolate due to symptoms of COVID-19 <br />or a positive test result for COVID-19. <br />e. 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 />f. City reserves the right to change the location(s) at which the services contemplated by <br />this Agreement are provided. <br />g. Provider shall comply with the City's recreation classes policy manual and any other <br />City rules and regulations regarding the operation of recreation classes. <br />2. COMPENSATION <br />a. City agrees to pay, and Provider agrees to accept as total payment for its services for <br />City, the sum of $7,916.66 on the 5th of every month during the Term of this <br />Agreement, subject to the offset for facilities use described in Section 3. The total sum <br />to be expended during the term of this Agreement shall not exceed Fifty Thousand <br />Dollars and Zero Cents ($50,000). <br />b. Payment shall be made subject to City accounting procedures. <br />c. Payment need not be made for work that fails to meet the standards of performance set <br />forth in the Recitals, which may be reasonably expected by the City. <br />3. FACILITIES USE <br />a. City hereby grants Provider the limited, non-exclusive right to utilize the City Facilities <br />("Facilities") as identified in Exhibit A for the limited purpose of providing the art <br />enrichment classes as further detailed in Exhibit A on the dates and times therein. <br />Other portions of City Facilities may be used by mutual agreement of the parties. <br />b. In exchange for the limited, non-exclusive right to utilize the Facilities in Section 3(a), <br />the Provider shall pay a flat fee of $2,500 that shall be offset against the first payment <br />due to Provider under this Agreement. <br />4. TERM <br />This Agreement shall commence on the date first written above and end on January 31, <br />2024 unless terminated earlier in accordance with Section 15 below. <br />5. 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 />Page 2 of 10 <br />