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2. Assist in advertising programs conducted by Instructor, including <br />providing space in seasonal brochures published by the City for publicity <br />of Instructor's programs. The City reserves the right to identify the <br />Instructor as an independent contractor in any and all such promotional <br />materials and shall provide the Instructor with an opportunity to review <br />3. R4sdescls imdmlan�ua4esses conducted by Instructor, and collect fees <br />charged by Instructor, provided that such programs and the fee schedule <br />are previously approved by the City. The Instructor is not to conduct <br />4. RnzYida1jhnitxsEiafiaq&iipment and cleaning of gym area, not including the <br />equipment itself, which shall remain the sole responsibility of the <br />Instructor, and as specifically described in the City's contract with "Jani- <br />King" and as additional cleaning services may be requested by <br />5. Phuyiddcmasonable access to office equipment and reasonable amounts of <br />office supplies. <br />6. Grant Instructor access to and use of any and all gymnastic equipment on <br />the second floor area for use during any and all programs operated <br />herein. Further, the City shall review any scheduling changes or conflicts <br />with the Instructor so that established and scheduled gymnastics <br />programs are not relocated or restricted from access to the area and <br />equipment as a result of such scheduling or other programs. <br />Section IV <br />Duration of Employment <br />The term of this agreement shall be for a period commencing <br />September 1, 2005 and terminating on August 31, 2007. <br />Section V <br />Payment and Reimbursement <br />The City shall pay Instructor and Instructor agrees to accept from the <br />City, in full payment for Instructor's services under this agreement, <br />compensation at the rate set forth herein, based upon the amount collected <br />by the City through registration for programs conducted by Instructor. <br />Payment is to be made every two weeks for the compensation earned over the <br />previous two -week period. Payment percentage distribution, as outlined <br />below, is calculated on a monthly basis (the Instructor returns to 50% <br />distribution), and is based upon all gymnastics programs offered, as <br />evidenced by daily financial reports and reconciled by a general ledger <br />througffblw tyrebLti &ip*dkklaocnctor Fifty (50 %) percent of all proceeds <br />from the first One Thousand ($1,000.00) Dollars collected from instructional <br />programming. <br />The City shall pay to Instructor Sixty (60 %) percent of all proceeds <br />between One Thousand ($1,000.00) Dollars and Three Thousand ($3,000.00) <br />Dollars collected. <br />4 <br />f <br />