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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 ($25,000.00). <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. 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 /> c. Provider agrees that City shall retain thirty percent(30%) of all gross revenue received <br /> from program participants as an administrative fee. <br /> d. City and Provider agree that all payments due and owing under this Agreement shall <br /> be made through Automated Clearing House (ACH) transfers. Provider agrees to <br /> execute the City's standard ACH Vendor Payment Authorization and provide required <br /> documentation. Upon verification of the data provided, the City will be authorized to <br /> deposit payments directly into Provider's account(s) with financial institutions. <br /> e. Payment need not be made for work that fails to meet the standards of performance set <br /> forth in the Recitals which may reasonably be expected by the City. <br /> f. Provider is responsible for payment to substitute instructors and Provider agrees that <br /> City is not responsible for payment directly to substitute instructors. <br /> 3. TERM <br /> This Agreement shall commence on July 1, 2025 and end on June 30, 2026 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 /> Page 2of13 <br />