BLUERAY MANAGEMENT LLC-2017 - Laserfiche WebLink

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G. Class Enrollment. Classes or programs may be cancelled if enrollment minimums axe not met. Provider shall coordinate with City regarding transfer or withdrawal of participants. H. Attendance Sheets. Provider shall complete an attendance sheet listing participants' names aid shall submit all attendance sheets to the Parks, Recreation, and Community Services Agency at the conclusion of each swim session or program, I. FinjzeWrintinBackgKound 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 I., 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 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, except those facility costs to be assumed by the City. 3. TERM This Agreement shall commence on the date stated above and continue through December 31, 2017, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for an additional one-year period by a writing executed by the City Manager and the City Attorney. 4. INDEPEA NDENT CONTRACTOR Provider shall, dining 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 planner 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 responsible for all applicable withholding taxes. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. 5. INSURANCE Prior to undertaking performance of work under this Agreement, and without limiting the indemnification obligations described in Section 6, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: