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HomeMy Public PortalAboutAgreement_2018-06-13_Sons of Chong Martial Arts_2018 SummerCITY 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 Sons of Chong Martial Arks, 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: Hapkido — Begins the week of July 3, 2018 Class # Age Day Time Fee Minimum Maximum 13099 Avd 5+ yrs, TITh 4:30-5:20 p.m. $130 5 25 $70 half price sibling 13100 Beg 5+ yrs. TITh 5:30-6:20 p.m. $130 5 25 $70 half price sibling 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 Agreeme In Date Parks & Re anon Direc Date