Loading...
HomeMy Public PortalAboutAgreement_2018-04-09_Arcadia Music_2018 SpringCITY OF TEMPLE CITY PARKS AND RECREATION DEPARTMENT "CONTRACT FOR SERVICES AND SPECIAL PAYMENT DEMAND" THIS AGREEMENT entered into the date noted below by and between the City of Temple City, referred to as City and . Arcadia Music, residing at referred to as Independent Contractor. The Independent Contractor will furnish professional services for the City upon the terms and under the following conditions: , It is the express intention of the parties that the contractor is an independent contractor and not an employee, agent, joint venture or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and the Independent Contractor. Both parties acknowledge that the Independent Contractor is not an. employee for state or federal tax purposes or any other purpose. The Independent Contractor shall retain the right to perform services for others during the term of this Agreement. It is understood and agreed that Independent Contractor possesses distinct professional skills in performing the services described below; that the City contracts for said services in that the City does not perform these services as a part of its regular business; that Independent Contractor has full control over the means and methods of performing these services without any oversight or control by the City; that Independent Contractor understands and believes that services are being performed as an Independent Contractor. Nothing in this Agreement shall in any way be construed to constitute the Contractor or any of its agents or employees as an agent, employee or representative of this City. Independent Contractor shall pay his/her own income taxes and shall not be covered by any City Insurance or receive any City benefits. Contractor agrees to and shall defend, indemnify, protect and hold harmless the City and its elective and appointive boards, committees, officers, agents, managers, representatives, employees, contractors, volunteers, and members from and against any and all claims, complaints, allegations, demands, losses, actions, defense costs, fines, penalties, expenses, and judgments in law or equity, or liability of any kind or nature, arising out of or resulting from the services provided by Contractor and Contractor's employees or agents. It is expressly understood that this Agreement is for the dates specifically stated and that neither party, City nor Contractor, is obligated to continue the program upon conclusion of this contract. The Independent Contractor agrees to perform and furnish services as follows: Group Violin Lessons — Begins April 7, 2018 Class # Age Day Time Fee Minimum Maximum 12931 5+ yrs. Sat 1:001:50 p.m. $85 5 10 12932 5+ yrs Sat 1;001:50 p.m. $85 5 10 Group Guitar Lessons — Begins April 7, 2018 Class # Age Day Time Fee Minimum Maximum 12916 8+ yrs. Sat 2:002:50 p.m, $85 5 10 12917 8+ yrs Sat 2:00-2:50 p.m. $85 5 1 u Contractor expressly acknowledges and agrees that during the term of this Agreement, Contractor shall be responsible for the payment of all expenses incurred by Contractor In the performance of this Agreement. The Independent Contractor shall provide his/her own personal tools and supplies at his/her own expense. City agrees that Contractor may, but is not required to utilize City facilities to provide services pursuant to this Agreement, subject to the availability of such premises and in the sole discretion of the City. The Independent Contractor shall have a current business license on file with the City. In consideration of the performance of the Contract, the City agrees to pay the Independent Contractor for his/her services SO% of the gross registration fees collected and the Independent Contractor agrees that this sum shall be full compensation for his/her services in performing the Contract, The gross registration for pay purposes shall be determined after the final class of the session. The City may add a registration fee to the class fee that will not be considered part of the gross registration fees in this case. The registration fee shall be considered payment for the use of City facilities, as well as to reimburse City for administrative costs. Payment is for professional services and not as an hourly wage. Contractor agrees to take full responsibility for all applicable tax obligations, and agrees to indemnify the City for any tax liability Contractor may incur by virtue of any payments made by the City to Contractor pursuant to this Agreement. In accordance with this Agreement, the Independent Contractor shall be paid according to the City's bill cut-off policy. Payments will be processed at the mid -point of the class and after the final class of the session. Execution of Agreement BOA 0*. Zchs Indepen#6nt Contractor bate Parks & Rec �ation Dirept� Date