1997-064-RES WHEREAS, AQUATIC AND OTHER PARKS AND RECREATION ACTIVITIES REQUIRE THE HIRING OF PART-TIME CONTRACTUAL
RESOLUTION NO. 97 -064
WHEREAS, aquatic and otheT parks and recreation activities require the hiring of part-
time contractual employees to peTform instructional and supervisory tasks; and,
WHEREAS, the most efficient method for providing fOT the same is to authorize the
DirectoT of Parks & RecTeation to contract for any and all such services utilizi ng the form of the
contract attached hereto as Exhibit A; and,
WHEREAS, the form of the Independent ContTactor Agreement, attached hereto as
Exhibit A, should, in all things, be approved, and the DiTector of Parks & Recreation, Terry
Townsend, should be authoTized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 01<' PARIS, that the
form of the Individual ContractoT AgTeement, attached hereto as Exhibit A, be, and the same is
heTeby, approved; and,
BE IT FURTHER RESOLVED, that the DirectoT of Parks & Recreation fOT the City of
Paris, Terry Townsend, be, and he is heTeby, authorized and diTected to execute, on behalf of the
City of Paris, the Individual Contractor AgTeement with any and all individuals needed to perform
instructional and supervisory tasks for parks and Tecreation activities under the terms and
conditions and in the form shown in Exhibit A, attached hereto.
PASSED AND ADOPTED this 9th day of June, 1997
ATTEST:
~sM:"\~"'~~-~~O
Mattie Cunningham, City Clerk
,7?~
T. K. Haynes, City Attorney
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INDEPENDENT CONTRACTOR AGREEMENT
STATE 01<' TEXAS
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)
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
THAT, the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, by and through
its DirectoT of Parks & Recreation, Terry Townsend, duly authorized, hereinafteT called CITY,
and
, whose mailing addTess is
, whose social secuTity number or tax identification
, and whose home phone number is
, hereinafter
IS
called INDEPENDENT CONTRACTOR, do hereby contract and agree as follows:
I. The term of this Agreement will begin on , and end on
, provided, howeveT, that this Agreement may be terminated earlier upon
written notice from either paTty to the otheT. Such termination will not prejudice the
INDEPENDENT CONTRACTOR's right to receive payment for compensation earned
through the date of contract termination.
2. The program fOT which INDEPENDENT CONTRACTOR agTees to provide instruction
is described as follows:
. The fee
per person shall be $ The maximum number of peTsons permitted to take
part in such program is _, and the minimum number is _' The location or
facility at which such program will take place is
. The dates and times which such program
will take place aTe as follows:
3. Program registration will be the responsibility of CITY, and all program registration fees
must be paid through CITY.
EXHIBIT A
4. All fees established herein are agreed to by INDEPENDENT CONTRACTOR, and such
fees may not be changed without prioT written approval from CITY.
5. All diTect expenses for the program will be the responsibility of CITY.
6. ProgTam space allocation and scheduling will be determined by CITY at its sole discretion.
7. For each session, CITY shall provide INDEPENDENT CONTRACTOR with program
roster sheets prior to the beginning of the first class.
8. INDEPENDENT CONTRACTOR shall be responsible fOT set-up and preparation fOT his
or her respective program and will be pTepared to staTt such program at the scheduled
time. Any changes in the program time must be submitted to and approved in writing by
the CITY at least twenty-four (24) hours priOT to the scheduled program time. It will be
the responsibility of INDEPENDENT CONTRACTOR to notify all registrants of program
times.
9. CITY reserves the right to cancel any program which fails to meet minimum TegistTation
Tequirements and refund registration fees without liability or approval of INDEPENDENT
CONTRACTOR.
10. CITY and INDEPENDENT CONTRACTOR will deteTmine and agree upon the equipment
which is to be provided by both parties.
II. INDEPENDENT CONTRACTOR may adveTtise for his OT her respective progTam;
howeveT, all advertisements, news releases, and fliers must be Teviewed and approved in
writing by CITY prioT to distribution.
12. INDEPENDENT CONTRACTOR shall immediately report to CITY any problems,
complaints, injuries, OT incidents.
13. INDEPENDENT CONTRACTOR shall, at all times, be and hold himself or herself out
to the public as being an independent contractor. INDEPENDENT CONTRACTOR is not
an agent, employee, OT seTvant of CITY and shall not claim any right aTising from
employee status. Nothing contained heTein shall authorize INDEPENDENT
CONTRACTOR to assume or create any obligation or responsibility whatsoever,
expTessed OT implied, on behalf of, or in the name of, CITY or its affiliates OT to bind it
in any manner. INDEPENDENT CONTRACTOR shall be responsible for and pay all
taxes in connection with this agreement including, but not limited to, FICA and Social
Security, directly to the appropriate governmental agencies. No withholding will be made
for payroll purposes and no benefits given to INDEPENDENT CONTRACTOR. CITY,
its officers, directors, employees, and agents shall not be liable in any way for
INDEPENDENT CONTRACTOR's failure to report or pay such taxes. INDEPENDENT
Indenendent Contractor AllI"eement - page 2
CONTRACTOR shall protect, defend, indemnify, save, and hold haTmless CITY, its
officers, directors, employees, and agents from and against any and all claims, demands,
causes of action, suits, or otheT litigation in connection with INDEPENDENT
CONTRACTOR's failure to report and pay such taxes.
14. INDEPENDENT CONTRACTOR shall be compensated as follows:
15. Full refunds shall be issued fOT all current registrants in a canceled class. All otheT
cancellations, Tegardless of circumstances, must be made up at INDEPENDENT
CONTRACTOR's expense.
16. INDEPENDENT CONTRACTOR does heTeby, fOT himself OT heTself, his OT her heirs,
representatives, successors, affiliates, officers, diTectors, employees, agents, executors,
administrators, and assigns forever Telease, discharge, and acquit the CITY OF PARIS,
PARIS, TEXAS, its past, pTesent, and futuTe officers, elected officials, employees, agents,
insurers, and attorneys of and from any and all claims, suits, actions, causes of action,
demands, damages, costs, expenses, attorney's fees, and other compensation, whetheT
propeTty damage, personal injuTY, violation of constitutional OT StatUtOTY rights or other
injuTY, whether based upon negligence OT any otheT theory of law, whetheT known or
unknown, and whether heretofore asserted or not, growing out of, OT arising from this
agreement or the programs or events the subject hereof.
Executed this _ day of
,19_.
CITY 01<' PARIS
By:
Terry Townsend, DiTector of Parks
& Recreation
INDEPENDENT CONTRACTOR
Printed Name:
In~oendent Contractor Ain"eement . page 3
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Terry
Townsend, Director of Parks & Recreation for the City of Paris, Paris, Texas, known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he executed the same for the purpose and consideTation theTein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
,1997.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same
for the purpose and consideration theTein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
,1997.
Notary Public, State of Texas
Ind~oentlpnt <:ontractor Am-eement - page 4