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INDEPENDENT CONTRACTOR AGREEMENT <br />RECREATION INSTRUCTOR <br />This Independent Contractor Agreement ("Agreement') is made and entered into <br />as of this 111 day of March, 2020 ("Effective Date") by and between the City of Newport <br />Beach, a California municipal corporation and charter city ("City"), and Kimberly Coleman, <br />a sole proprietor, doing business as ("DBA") Newport Coast Volleyball Club <br />("Contractor% to provide the classes or programs in Volleyball ("Class" or 'Program") <br />hereby agreed upon, as scheduled and described in the Newport Navigator and/or OASIS <br />News, which is incorporated herein by reference, and as approved in writing by City. <br />NOW, THEREFORE, it is mutually agreed by and between the undersigned parties <br />as follows: <br />TERM <br />The term of this Agreement shall commence on the Effective Date, and shall <br />terminate on December 31, 2021, unless terminated earlier as provided herein. <br />2. COMPENSATION <br />2.1 City shall pay Contractor within twenty-one (21) City business days after the <br />last Class meeting. <br />2.2 City shall pay Contractor an amount equal to: <br />2.2.1 Sixty Five percent (65%) of the amount of the total enrollment fees <br />collected, minus the non-resident fee and a five dollar ($5.00) per person administration <br />fee for each Class. <br />2.2.2 Eighty percent (80%) of the amount of the total enrollment fees <br />collected for each Class at the After Class Enrichment (ACE) programs. Materials fees <br />are not permitted for ACE programs and must be incorporated in price provided to City. <br />2.2.3 Eighty percent (80%) of the amount of the total enrollment fees <br />collected, minus the non-residential fee and a five dollar ($5.00) per person administration <br />fee, for each person with "Special Needs," such as persons with developmental <br />disabilities. <br />2.3 City shall pay Contractor electronically. Contractor shall be responsible for <br />ensuring an up to date "Direct Deposit Authorization Form" is on file with City. <br />3. DUTIES OF CITY <br />3.1 Registration. City shall register all participants and shall collect all <br />enrollment fees. Contractor shall not accept enrollment fees directly from a participant <br />unless City approves, in advance and in writing, the acceptance of enrollment fees by <br />Contractor. Contractors shall only collect material fees that are pre -approved by City and <br />