HomeMy WebLinkAboutEagles Neck Paddling Company THIS AGREEMENT made this 7th day of Mav 2013, 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):
Eagles Neck Paddling Company
Attn: Brian Mosblech
62300 Main Road
Southold NY 11971
765-3502
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:
Stand Up Paddleboarding & Kayak Tours
3. The Instructor hereby agrees to commence the rendering of services on
June 5. 2013 and to render instructional services during the following time
period:
Stand Up Paddling Kayak Tours
Session A: Wednesdays, June 5 - 26 Session A: Thursdays, June 6 - 27
Session B: Wednesdays, July 10 -31 Session B: Thursdays, July 11-August 1
Session C: Wednesdays, August 7 - 28 Session C: Thursdays, August 8 - 29
All classes will be held from 5:30 - 7:15 .m. All Sessions are rom 5:45 - 8:15 .m.
4. The Town agrees to compensate the instructor for satisfactory
performance as described herein in the amount of $ 110 per ~/person
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 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 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 discretion shall have the right to
terminate this agreement.
9. The minimum and maximum enrollment of the class for the program is as
follows:
Stand Up Paddling
Minimum Enrollment 4 Maximum Enrollment 8
Kayak Tours
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 Instructor agrees to carry appropriate insurance coverage from claims
for bodily injury, death or property damage which may arise from the
performance of their services under the Agreement in limits of $1,000,000 and
$2,000,000 aggregate liability for bodily injury and property damage. The Town
of Southold (53095 Main Road, Southold, NY 11971) must be named as
additional insured.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written.
TOWN OF SOUTHOLD
Scott A. Russell, Supervisor
Instructor Today's Date
Business Name (if applicable) Federal ID Number (if applicable)