HomeMy WebLinkAboutMartilotta, Rosemary THIS AGREEMENT made this day ,of November, 2019,' between the TOWN 'OF SOUTHOLD, a municipality of the State of New York, having its T principal office at 53095 Main Road (Route 25), P.O. Box 1179, Southold, New York 11971 (the "Town") and (The,Iristruct&):- W Rosemary Martilofta N, PO Box 214 :. Cutchogue NY ' 1-1935' 734=5935 ` C, .r' ,WITNE�S;SETH. ' - ,P 1. The,Town. doe"s .he'reby-agree ,to; hicetthe Instructor as an, independentY; 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. 2:' -j`-, -`The-`Instructor' -shall' =provide` 'instructional services-'=for --'th`e =_following program, to wit: Chair Yoga ,.r.',The-1ristrodto`r 'h'6r66y agrees to`,`commence the' rendering of services, on January 27, 2020 and to render instructional services during the following time period: ' Session'A' Session B: 1/27=3123' _ ' Mon'da`ys°9:50'=``410':150 .r�`Mondays "11:00-= 12:00 p.m. ' 'Peconic L_(ane'Comni'unityrConter Pecbnic.Lane>Cominunity;;Cnter._j a'}l: . No,classi2/1c7s :: '- No,class�•2/17 sf, 4.,, ,The.. Town -agrees,-agrees. to compensate- ,the instructor-" .for .-satisfactory ij performance as described herein in the am,o�int lof 44/,class_to be paid in semi, monthly installments. 5. It is agreed that the Instructor shall report to the Supervisor for the Recreation Department of the'Twn:r The lbstru'ctor shall determine that scope and manner of work to6be,perform6d-and the`hours for which it will be performed. 6. It is agreed that the In,structon: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 the 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.tor the program is as follows: Minimum Enrollment 9_ Maximum Enrollment .20 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"they last class-of th6program. 11. The Instructor rep resents:that he or she,is competent by reason of'train'ing and experience to provide the instruction provided for in this contract, and will provide such services in a compete'hC iid professional manner. The Instructor represents and agrees that he�or;she-is-an,independent contractor and is solely responsible for payment of taxe`s'arising`out of this employment. The Instructor agrees that he or she is an"independent contractor and'tl at;the Town'of�Southold, shall not be'liablefor any'"taxes'or" withholding.' U66'shall'be"rio fringe benefits- associated With this Agreement. Th�erelshall be lnro he=alth benefits` offered to'the' Instructor. There shall be no workers compensation Jbeneffs''offered*''to"-the Instructor. The Instructor.is expected.,to utilize.his/her indepEndent-judgment in, fuflfiiling`his/her Instructor "tasks. 12.4-_ The.Instructor,will not receive�paymerit'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"$1,00,0;0;00. and $2,000,000,aggregate liability�fo,r bodily injury,and"property;damage., -This coverage does 'not>inure any,other benefits upon the independent-contractor nor does it alter or modify,the,.lnstructor'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. t. TOWN •SOUTHOLD ; Sco A. Russell, Sup'ervi or. 42 tr 'ctor Today's"Date Business Name (if applicable) F'ederal'ID'Nurriber (if applicable) THIS AGREEMENT made this day of November, 2019, between the T TOWN OF SOUTHOLD, a municipality of the State of New ,York, having its principal office at 53095 Main Road (Route.25), P.O. Box 1179, Southold, New 10' York 11971 (the "Town") and (The Instructor): �W Rosemary Martilotta N' PO Box 214 Cutchogue NY 11935 C 734-593.5 O WITNESSETH: P 1. The Town does hereby ?agree to hire the Instructor as an independent , Y 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. 2. The Instructor shall provide instructional" services -for the 'following program, to wit: Hatha Yoga 3. The Instructor hereby agrees to commence the rendering of-services" on January 27, 2020 and to render instructional services during the following time period': Session A: -Session B':- 112T ' ':1127 ' 3/23 ° " '112-72---.3/23 Mondays.7:30",8:30a.m .- Mohdays-8:40`=9:40 a.m. Peconic Lane Community:Center Peconic-Lane Community Center No,class°2/17, . Y No class 2/,17 4. The Town agrees, to compensate the instructor. for satisfactory performance as''described herein in the amount'•of .44/class to be paid in semi-' monthly installments. 5. It is agreed that the Instructor shall report to the Supervisor for the Recreation Department of th6PTown. Tlie_-'fibst'ructor 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 resporsible 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 the 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 - 9- Maximum Enrollment 20 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 contractorJand 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. The're'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 F SOUTHOLD a Sc t A. Russell, Supe isor structor Today's Date Business Name (if applicable) Federal ID Number (if applicable)