HomeMy Public PortalAboutAgreement_2018-03-20_Hsing Fang_2017 WinterCITY 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 Hsing Fang,_ residing at _ eferred 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:
International Folk Dancing — Begins January 29, 2018.
Class Age Day Time Fee Minimum Maximum
16+ Sat 10:00 am-12:15pm $30 5 25
Independent Contractor will determine the method, details, and means of performing the above-
described services, The City understands and hereby warrants that it retains no right to control the
method and means by which the above-described services are to be performed by the Contractor.
The City understands and hereby warrants that it retains no right to control the Independent Contractor,
Contractor's agents, employees, or assistants in the performance of any of the above-described
services.
The City and Contractor acknowledge and understand that during the term of this Agreement, the City
may from time to time contract with others to perform similar services.
This Contract may be cancelled by the City only in the event that there are insufficient registrations to
satisfy the expense of operating the Class, or if sufficient funds have not been appropriated by the City
Council, or if the Independent Contractor fails to furnish the services agreed upon. Independent
Contractor will be paid only for that part of the Contract that he/she fulfills. If a class, program, or an event
does not take place because of the Independent Contractor's absence, or because of a holiday or other
extenuating circumstances, it is to be made up immediately following the last regularly scheduled class
as called for in this Agreement. In the event a Contractor is unable to provide the contract service agreed
upon, it is the responsibility of the Independent Contractor to notify the Parks & Recreation Department
in advance and to assist with notifying all participants that the scheduled class has been cancelled.
Independent Contractor expressly acknowledges that during the term of this Agreement, Contractor is
not an employee of the City and is not entitled to any of the benefits available to the City's employees.
Contractor agrees to provide for Contractor's own medical, dental, and vision expenses, including
payment of any health insurance premiums, and agrees to hold harmless and indemnify the City for any
and all claims arising out of any injury or disability. Contractor shall be solely responsible for providing
workers' compensation insurance for the Contractor, Contractor's agents, employees or assistants and
agrees to hold harmless and indemnify City for any and all claims arising out of any injury, disability or
death of Contractor or any of Contractor's agents, employees or assistants.
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 70% 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
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Independent Date
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