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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. This Agreement contemplates a reimbursement of up to $350 for the cost of insurance <br />as required by Section 5 of this Agreement, subject to proof acceptable to the Director <br />of Parks, Recreation and Community Services or their designee. <br />e. 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. City and Provider agree that all <br />payments due and owing under this Agreement shall be made through Automated <br />Clearing House (ACH) transfers. Provider agrees to execute the City's standard ACH <br />Vendor Payment Authorization and provide required documentation. Upon <br />verification of the data provided, the City will be authorized to deposit payments <br />directly into Provider's account(s) with financial institutions. - <br />3. TERM <br />This Agreement shall commence on January 1, 2024 and end on December 31, 2024 unless <br />terminated earlier in accordance with Section 14 below. The term 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, 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 />Page 2 of 9 <br />