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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 term 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. In consideration for the provision of the programs set forth in Exhibit A, City agrees <br />to pay, and Provider agrees to accept as total payment for their services for the City, <br />seventy percent (70%) of all gross revenue received from program participants. Total <br />annual revenue to Provider shall not exceed Twenty -Five Thousand Dollars and Zero <br />cents ($25,000). <br />b. Payment to Provider shall be made monthly within thirty (30) days following <br />completion of the last class taught by Provider the prior month. <br />c. City shall be responsible for collecting all fees from program participants. Provider <br />shall not collect fees but will refer all interested participants to City for registration <br />information. <br />d. Provider agrees that City shall retain thirty percent (30%) of all gross revenue received <br />from program participants as an administrative fee. <br />3. TERM <br />This Agreement shall commence on June 26, 2023 and end on April 3, 2024 unless <br />terminated earlier in accordance with Section 14 below. The tenn of this Agreement may be <br />extended for up to one (1) one-year period upon a writing executed by the City Manager and City <br />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, ajoint 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 />Page 2 of 10 <br />