Personal Information

Parties:

City of Nacogdoches, Texas (“City”), a Texas Municipal Corporation, acting through its Recreation Department, and Independent Contractor (listed above) with the address (listed above).

Agreement:

The City hereby engages the services of Independent Contractor and for mutual consideration the Parties agree as follows:

Services To Be Rendered:

The Independent Contractor is to provide camp instructor services as needed/ available at hours mutually agreed upon by and between the Independent Contractor and the City at the City facility known as C.L. Simon Recreation Center. Independent Contractor expressly understands that the terms of the agreement do not constitute a guarantee by the City of any certain number of sessions or hours of compensation for Independent Contractor and that total fee amounts are uncertain.

Payment For Services:

Independent Contractors are to be paid $10.00 per hour. Independent Contractors of all kinds acknowledge that there is no promise by the City that sufficient participants will register for activity/ class so that activities/ classes may be cancelled for insufficient or excess participation. It is expressly understood by the Independent Contractor that the City will only compensate Independent Contractor for time actually worked in rendering services set forth in this agreement and that Independent Contractor will not be compensated for cancelled classes or sessions. Independent Contractors are allowed and encouraged to recruit qualified students for their classes and programs within any policies of the City.

Duration of Independent Contractor Agreement:

This Agreement is for a term of 12 months subject to early termination by either Party with or without cause. Terminations without cause are subject to two weeks prior written notice. Termination due to insufficient class size or scheduling conflicts as well as violation of any relevant policy of the City, lack of funding, conviction of any crime of moral turpitude, or inappropriate behavior toward any student, participant, parent or guardian of a child, city staff or the general public shall be terminable for cause.

Facilities:

The City shall undertake reasonable efforts to make available, subject to scheduling and funding constraints, the facilities the Independent Contractor requires to perform the services under this Agreement. The Independent Contractor shall exercise reasonable care over such facilities. Subject to City approval, the Independent Contractor may provide any of its own facilities and equipment which will enhance the Independent Contractor’s performance.

Point of Contact and Policies:

The City will provide a point of contact and general guidelines and policies to the Independent Contractor, by all of which the Independent Contractor agrees to abide. Violation of any such policy or procedure, with specific nonexclusive reference to those involving the safety of participants, staff, bystanders, other third parties or facilities, may subject the Independent Contractor to immediate termination with cause.

Independent Contractor’s Expertise:

Independent Contractor represents that he or she possesses any required licenses or certifications from accredited sources as well as requisite skill to perform the instruction and/or direction in the area of their instruction and/or services. Independent Contractor recognizes that the safety of class participants is paramount and will exercise and employ appropriate measures to achieve and maintain a safe environment for all participants.

Security:

Where provided and required by the City, the Independent Contractor agrees to submit to and cooperate with a background and/or criminal history check as well as drug and/or alcohol screenings prior to commencing their functions and in the event of accident or reasonable suspicion during the term of this Agreement.

Non-Exclusive:

Independent Contractor agrees that his or her services under this Agreement are non-exclusive. He or she may conduct instruction or direction at other times and places. Likewise, the City may employ other independent contractors, instructors and/or directors to provide the same or similar services as those to be rendered by the Independent Contractor under this agreement. Independent Contractor will not solicit class participants away from recreational classes or sports otherwise available through the City or its affiliates.

Relationship of the Parties:

The Parties agree that this contractual relationship is one of services being performed by an Independent Contractor to a City with limited supervision rights. The Independent Contractor acknowledges that he/she is not a regular, part-time or temporary employee of the City. The Independent Contractor acknowledges that he/she is not entitled to any benefit of the City which may now or hereafter be afforded to its actual employees including retirement, health or life insurance, vacation, sick pay, workers compensation insurance or the like. Independent Contractor is responsible for his/her withholding for U.S. Income taxes and medical and any of the obligations imposed by state or federal government on Independent Contractor. Further, any employee hired by Independent Contractor is solely the financial obligation of the Independent Contractor. There is no partnership or joint ownership or enterprise between the Parties.

Equal Opportunity/Affirmative Action:

The Independent Contractor, the City of Nacogdoches, and the City of Nacogdoches Parks and Recreation Department prohibit discrimination against any worker, employee, or applicant for employment on the basis of race, color, creed, religion, age, sex, national origin, handicap status, nor will they otherwise commit unfair employment practice. The Contractor, the City of Nacogdoches, and the City of Nacogdoches Parks and Recreation Department also prohibit discrimination on the basis of race, color, creed, religion, age, sex, national origin, handicap status or other federally recognized protected classes in the provision of goods and/or services to the general public. Complaints or concerns on alleged discrimination can be filed with the Nacogdoches Parks and Recreation Department, the City of Nacogdoches Office of the City Manager, or the Office of Equal Opportunity, Washington, D.C. 20240. By entering into this Agreement with the City, Independent Contractor agrees to abide by this policy.

Entire Agreement:

The Agreement supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter of and services to be rendered under this Agreement .

Indemnification:

Independent Contractor shall defend, indemnify and hold harmless the City, its officers, agents, and employees from and against all claim, actions, suits, demands, proceeding, costs, damages and liabilities, including attorneys fees, arising out of, or resulting from any acts or omissions of the Independent Contractor or its agents, employees, subcontractors, or suppliers of subcontracts in the execution or performance of this Agreement.

The Independent Contractor shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from any and all claims involving infringement of patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in connection with the use of any product or service supplied by the Independent Contractor. Independent Contractor agrees to defend against any and all such claims at Independent Contractor’s expense, whether or not such claims become the subject of litigation. The City will provide reasonable assistance in the defense of such claims if so requested by the Independent Contractor. Independent Contractor agrees to coordinate defense with the City or any other entity, as may be requested by the City.

Non-Assignment: Independent Contractor may not assign this Agreement and/or any Supplemental Agreement without the prior written consent of the City. Any attempt to assign this Agreement without the written consent of the City is null and void. This Agreement shall be entered into and be binding upon the successors of the Parties.

Invalid Term or Condition:

If any term or condition of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be valid and enforceable.

City of Nacogdoches Recreation Department Recreation Supervisor

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