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HomeMy WebLinkAboutWeight Training PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.~nnegan(q)town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran~,) ~own.southo]d.ny. us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.rnon tefusco(¢town.so~thold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box t179 Southold, New York 11971-0959 Telephone (631) 765~1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Ms. Joanne Liguori Lynne Krauza Secretary to the Town Attorney December 15, 2005 Recreational Instruction Agreement- Weight Training Please be advised that Lori has approved the attached Agreement between the Town of Southold and Laurie Stavracos in connection with the referenced matter. I am also enclosing a copy of the resolution authorizing Josh to sign this document. In this regard, kindly have Josh sign this Agreement where indicated and return it to Ken Reeves. By copy of this Memorandum to Ken, I ask that he obtain the signature of Ms. Stavracos and make certain that the Town Clerk receives the original, fully executed Agreement for her records. Thank you for your attention. If you have any questions, please call me. /Ik Enclosures j cc: Ms, Elizabeth Neville, Town Clerk (w/ends.) Mr. Ken Reeves, Recreation Supervisor (w/o encl.) THIS AGREEMENT made this 10th day of November , between the 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 York 11971 (the "Town")and (The Instructor): LAURIE STAVRACOS 1639 DEERFIELD ROAD WATER MILL NY 11976 726.5453 WITNESSETH: 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. 2. The Instructor shall provide instructional services for the following program, to wit: WEIGHT TRAINING - PLEASE SEE ATTACHED 3. The Instructor agrees to commence the rendering of services on 11/14/05 and to render instructional services during the following time period: substitute as needed 4. The Town agrees to pay the Instructor and the Instructor agree~s.~accept for such services, the compensation of $25 per class~h_ou?.~rson to be paid at semi-monthly intervals by the submission of vouchers-t~erefore to the Town. 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 or inability of the Instructor to conduct classes as and when scheduled, the Instructor shall immediately notify the Recreation Supervisor. The Instructor will assist and/or cooperate with the supervisor to provide for makeup classes and/or substitute qualified instructors. B. 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 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 4 Maximum Enrollment 10 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 SOUTHOLD Joshua Y. Horton, Supervisor Instructor Instructor's Social Security Number Business Name (if applicable) Federal ID Number (if applicable) WEIGHT TRAINING with STEVE SMITH During this course, we will concentrate on the following muscle groups: chest, shoulders, triceps, biceps, thighs, calves, abdominals, and the lower back. Whatever area you wish to develop, please sign up and we will work together toward reaching your personal goals as you develop and strengthen your body. SEPTEMBER 19 THROUGH DECEMBER 8 MONDAYS & THURSDAYS COST: TIME: LOCATION: $75.00/person 7:00 - 8:30 P.M. Southold High School Weight Room *Class will not be held on October 10, & November 24* ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECOILDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-689 Resolution ID: 1269 Meeting: 11/10/05 07:00 PM Department: Town Clerk Category: Contracts, Lease & Agreements THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-689 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 10, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Sul~ervisor Joshua Y. Horton to execute an agreement with the following individual for the fall 2005 recreation I~rogram, all in accordance with the approval of the town attorney. Funding for the instructor listed below has been budgeted for in the recreation department's 2005 instructor line A7020.4.500.420. Laurie Stavracos (weight training) ................................................................... $25/hour Elizabeth A. Neville Southold Town Clerk