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HomeMy WebLinkAboutPesce, Henry i THIS AGREEMENT made this 7th day of May, 20191 between the TOWN OF T SOUTHOLD, a municipality of the State of New York, having its principal office at O 53095 Main Road (Route 25), P.O. Box 1179, Southold, New York 11971 (the "Town") and (The Instructor): W Henry Pesce i N 1210 Coxneck Rd Mattituck NY 11952 C 631-298-4179 O WITNESSETH: P Y 1. The Town does hereby agree to' hire the Instructor as an independent contractor, and the Instructor does hereby agree to provide instructional services 'to the Town for the program(s) hereinafter described,; subject to the terms and conditions hereinafter set forth. _ i 2. The Instructor shall provide instructional services for the following program, to wit: i Pickleball 3. The Instructor hereby agrees to commence thei rendering of services on July 18, 2019 and to render instructional services during the following time period: 101: Beginner 102: Intermediate Tuesdays 7/16, 7/23, 7/30 Thursdays 7/18, 7/25, 8/1 6:00-8:00 P.M. 6:;00-8:00 P.M. Location:-Tasker,Park 4. The Town agrees to compensate the instructor for satisfactory performance as described herein in the amount of 30/hour after services are rendered and voucher is completed. i 5. It is agreed that the Instructor shall report to the Supervisor for the Recreation Department of the Town. The Instructor shall determine that scope and manner of work to be performed and the hours for which it will be performed. 6. It is agreed that the Instructor shall,�be responsible for the establishment of the program, to assist with the solicitation of participants therein, and the completion of all the classes planned for such program. 7. In the event of the temporary illness, inability of ithe Instructor to conduct classes as and when scheduled, or cancellation due to inclement weather, the Instructor shall immediately notify the Recreation Department. The Instructor will assist and/or cooperate with the supervisor to contact`all participants notifying them of the class cancellation and to provide for makeup classes. 8. In the event that the enrollment in the program is less than the minimum enrollment as hereinafter set forth, the Town shall have the right to terminate this agreement. In the event that the Instructor fails or neglects to perform such instructional services in accordance with provisions of this agreement, then and in such event, the Town in the exercise of its discretion shall have the right to terminate this agreement. 9. The minimum and maximum 'enrollment of the class for the program is as follows: Minimum Enrollment 6, Maximum Enrollment 12 10. The Instructor agrees to prepare accurate attendance records of all persons enrolled in the program ,'and to file the same with the Recreation Supervisor within one week after the last class of the program. 11. The Instructor represents that he or she is competent by reason of training and experience to provide the instruction provided for in this contract, and will provide such services in a competent and professional manner. The Instructor represents and agrees that he or she is an independent contractor and is solely responsible for payment of.taxes arising out of this employment. The Instructor agrees that he or she is an independent contractor and that the Town of Southold shall not be liable for any taxes or withholding. There shall be no fringe benefits associated with this Agreement. There shall be no health benefits offered to the Instructor. There shall be no workers compensation benefits offered to- the Instructor. The Instructor is expected to utilize his/her independent judgment in fulfilling his/her Instructor tasks. 12. The Instructor will not receive payment for any services rendered until this contract is signed and returned to the town clerk's office prior to the beginning of said programa 13. The Town of Southold shall, as part of the Instructor's compensation, cover the individual Instructor from claims for bodily injury, death or property damage which may arise from the performance of his/her services under the Agreement in limits of $1 -000,000. and $2,000,000 aggregate liability for bodily injury-and property damage. This coverage does not inure any other benefits upon the independent contractor nor does it alter or modify the Instructor's status as an independent contractor. IN WITNESS WHEREOF the, parties hereto have hereunto set their hands and seals the day and year first above`written. TOWN SOUTHOLD Scott A'. Russell, Supervisor' Todaa Date Business Name (if applicable), Federal ID Number (if applicable) THIS AGREEMENT made this day of August, 2019, between the TOWN T, OF SOUTHOLD, a municipality of the State of New York, having its principal O' office at 53095 Main Road (Route 25), P.O. Box 1179, Southold, 'New York �7 11971 (the "Town") and (The Instructor): 'N Henry Pesce ' 1210 Coxneck Rd C Mattituck NY 11952 631-298-4179 P? WITNESSETH: Y 1. The Town does hereby 'agree to hire the Instructor as an independent contractor, and the Instructor does hereby agree to provide'instructional services to the Town for the prograIm(s) hereinafter described, subject to the terms and conditions hereinafter set-forth., _ 2. The Instructor shall provide instructional services for the following program, to wit: Pickleball 102 3. The Instructor hereby agrees to commence the rendering of services on September 5, 2019 and to render instructional services during the following time period: Thursdays, 9/5 — 9/19/19 5:30-7:30 P.M. Location: Tasker Park 4. The Town agrees to compensate the instructor for satisfactory performance as described herein in the amount of 30/hour after services are rendered and voucher is completed. 5. It is agreed that the Instructor shall report to the Supervisor for the Recreation Department of the Town. The Instructor shall determine that scope and manner of work to be performed and the hours for which it will be performed. 6. It is agreed that the Instructor shall'be responsible for the establishment of the program, to assist with the solicitation of participants therein, and the completion of all the classes planned for such program. 7. In the evenfof_.the temporary illness, inability of the InIstructor,to conduct classes as' and when scheduled, or cancellation due to inclement-weather, the Instructor shall immediately notify the Recreation Department. The Instructor will assist and/or cooperate with the supervisor to contact all participants notifying them of the class cancellation and to provide for makeup classes. 8. In the event that the enrollment in the program is less than the minimum enrollment as hereinafter set forth, the Town shall have the right to terminate this agreement. In the event that the Instructor fails 'or neglects to perform such instructional services in accordance with provisions of this agreement, then and in such event, the Town in the exercise of its discretion shall have the right to terminate this agreement. 9. The minimum and maximum enrollment of the class for the program is as follows: Minimum Enrollment 6 Maximum Enrollment 12 10. The Instructor agrees to prepare accurate attendance records of all persons enrolled in the program and to file the same with the Recreation Supervisor within one week after the last class of the program. 11. The Instructor represents that he or she is competent by reason of training and experience to provide the instruction provided for in this contract, and will provide such services in a competent and professional manner. The Instructor represents and agrees that he or she is an independent contractor and is solely responsible for payment of taxes arising out of this employment. The Instructor agrees that he or she is an independent contractor and that the Town of Southold shall not be liable for any taxes or withholding. There shall be no fringe benefits associated with this Agreement. There shall be no health benefits offered to the Instructor. There shall be no workers compensation benefits offered to the Instructor. The Instructor is expected to utilize his/her independent judgment in fulfilling his/her Instructor tasks. 12. The Instructor will not receive payment for any services rendered until this contract is signed and returned to the town clerk's office prior to the beginning of said program. 13. The Town of Southold shall, as part of the Instructor's compensation, cover the individual Instructor from claims for bodily injury, death or property damage which may arise from the performance of his/her services under the Agreement in limits of $1,000,000. and $2,000,000 aggregate liability for bodily injury and property damage. This coverage does not inure any other benefits upon the independent contractor nor does it alter or modify the Instructor's status as an independent contractor. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written. TOWN OF UTHOLD Scott A. ussell, Supervisor uctor oday's Date -Business Name (if applicable) Federal ID Number (if applicable)