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<br />additional or emergency maintenance above and beyond the foregoing shall be <br />performed by the Instructor and the costs shared equally by the parties. <br />2. Assist in advertising programs conducted by Instructor, including providing <br />space in seasonal brochures published by the City for publicity of Instructor's <br />programs. The City reserves the right to identify the Instructor as an <br />independent contractor in any and a11 such promotional materials and shall <br />provide the Instructor with an opportunity to review such disclaimer language. <br />3. Register students in classes conducted by Instructor, and collect fees charged <br />by Instructor, provided that such programs and the fee schedule are previously <br />approved by the City. The Instructor is not to conduct financial transactions. <br />4. Provide janitorial equipment and cleaning of gym area, not including the <br />equipment itself, which shall remain the sole responsibility of the Instructor, <br />and as specifically described in the City's contract with "Jani-King" and as <br />additional cleaning services may be requested by Instructor. <br />5. Provide reasonable access to office equipment and reasonable amounts of <br />office supplies. <br />6. Crrant Instructor access to and use of any and all gymnastic equipment on the <br />second floor area for use during any and all programs operated herein. <br />Further, the City shall review any scheduling changes or conflicts with the <br />Instructor so that established and scheduled gymnastics progra.ms are not <br />relocated or restricted from access to the area and equipment as a result of <br />such scheduling or other programs. <br />Section IV <br />Duration of Employment <br />The term of this agreement shall be for a period commencing September <br />1, 2003 and ternunating on August 31, 2005. <br />Section V <br />Payment and Reimbursement <br />The City shall pay Instructor and Instructor agrees to accept from the City, <br />in full payment for Instructor's services under this agreement, compensation at the <br />rate set forth herein, based upon the amount collected by the City through <br />registration for programs conducted by Instructor. Payment is to be made every <br />two weeks for the compensation earned over the previous two-week period. <br />Payment percentage distribution, as outlined below, is calculated on a monthly <br />basis (the Instructor returns to 50% distribution), and is based upon all gymnastics <br />programs offered, as evidenced by daily financial reports and reconciled by a <br />general ledger through the Recreation Bookkeeper. <br />The City shall pay to Instructor Fifty (50%) percent of all proceeds from <br />the first One Thousand ($1,000.00) Dollars collected from instructional <br />programming. <br />? ,???