2008-023-RES-authorizing and approving the excution of a contract between the city of Paris and Steve Coker to manage, instruct and coordinat teh baseball and softball programs for the city of Paris

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16. CONTRACTOR shall immediately report to CITY any problems, complaints, injuries, or incidents arising from the Recreation SoftballBaseball League. 17. CONTRACTOR shall, at all times hold himself out to the public as being an CONTRACTOR. CONTRACTOR is not an agent, employee or servant of CITY and shall not claim any right arising from employee status. Nothing contained herein shall authorize CONTRACTOR to assume or create any obligation or responsibility whatsoever, expressed or implied, on behalf of, or in the name of, CITY or its affiliates or to bind it in any manner. CONTRACTOR shall be responsible for and pay all taxes in connection with this contract including, but not limited to, FICA and Social Security, directly to the appropriate governmental agencies. City shall make no withholdings for payroll purposes and CONTRACTOR shall accrue no City benefits. CITY, its officers, directors, employees, and agents shall not be liable in any way far CONTRACTOR's failure to report or pay any Federal, State or Local taxes. CONTRACTOR hereby agrees to release, defend, indemnify, and hold harmless CITY, its officers, directors, employees harmless from and against any and all claims, demands, causes of action, suits, or other litigation in connection with CONTRACTOR's failure to report and pay such taxes. 18. CONTRACTOR shall deposit all program/registration fees received on a weekly basis to the City of Paris Finance Office, located at 135 SE 1 St Street, Paris, Texas 75460. 19. In consideration of the CONTRACTOR's performance of all duties and obligations set out herein, the City will remit 85% of gross receiats from registration fees to CONTRACTOR said pavment shall be made in two installments• the first pgyment being due when at least 50% of total fees are coltected and cleared through the City's bank_ the second installment being aaid at mid-season. EXCEPTION: Fall Softball League and the Adult Baseball League will be paid in one final installment. Final Payment will not be aaid until all fees are collected and cleared 20. Compensation will be paid as follows: Payments will be made in accordance with the City of Paris' financial procedure. CONTRACTOR will submit an invoice for one-half of monies owed when at least fifty percent (50% of total fees have been collected. A Purchase Requisition will be made and a check sent to CONTRACTOR'S home address. When all fees have been collected and turned into CITY, a second and final invoice must be submitted bv CONTRACTOR for a final check to be cut and mailed. 21. In the event a league is cancelled at CITY's request, CONTRACTOR shall refund registration fees to the teams/players who paid their registration fee for the cancelled program. Refunds shall be issued to any paid teams or players. All other cancellations, regardless of circumstances, must be made up at CONTRACTOR's expense. 22. CONTRACTOR hereby agrees to release, discharge, defend, indemnify, and hold the CITY OF PARIS, TEXAS, its past, present, and future officers, elected officials, employees, agents, insurers, and attorneys harmless from any and all claims, suits, actions, causes of action, demands, damages, costs, expenses, attorney's fees, and other compensation, for property damage, personal injury, violation of constitutional or statutory rights or other injury, whether based upon negligence or any other theory of law, whether known or unknown, and whether heretofore asserted or not, growing out of, or arising from this agreement or the programs or events the subject hereof.