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D. 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 />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 <br />by this Agreement are provided. <br />G. Provider shall comply with the City's recreation class policy manual and any other <br />City rules and regulations regarding the operation of recreation classes. <br />2. COMPENSATION <br />a. hi 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 />revenue to Provider shall not exceed twenty-five thousand dollars and zero cents <br />($25,000). <br />a. Payment to Provider shall be made monthly within thirty (30) days following <br />completion of the last class taught by Provider the prior month. City shall be <br />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. <br />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 January 4, 2022 and end on December 31, 2022 unless <br />terminated earlier in accordance with Section 14 below. The term of this Agreement may be <br />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 />2 <br />