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HomeMy WebLinkAboutBowden, James THIS AGREEMENT made this 28th day of February, 2017, 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 T 11971 (the "Town") and (The Instructor): O James Bowden w PO Box 609 N New Suffolk NY 11956 WITNESSETH: 1. The Town does hereby agree to hire the Instructor as an independent P contractor, and'the Instructor does hereby agree to provide instructional services Y 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: Smart Driver 3. The Instructor hereby agrees to commence the rendering of services on June 15, 2017 and to render instructional services during the following time period: 6/15/17 Thursday 8:30 — 3:30 p.m. Location: Southold Recreation Center 4. The Town agrees to compensate the instructor for satisfactory performance as described herein in the amount of FREE to he paid mnnthly inc•��Ilmontc_ 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. A ,d 9. The minimum and maximum enrollment of the class for the program is as follows: Minimum Enrollment 10 Maximum Enrollment 40 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 Scott A. Russell, Supervisor Instructor T day's Date Business Name (if applicable) Federal ID Number (if applicable) RIDER REGARDING PAYMENT UNDER MUNICIPAL CONTRACTS The Town of Southold (hereinafter the "Town") shall pay James Bowden, (hereinafter the "Contractor") upon the submission of a voucher at the appropriate time of billing. Such voucher shall be due and payable-within 45 days,after receipt of such voucher, but such sum shall not be due and payable by the Town until the Town Board of the Town has received such a voucher and has audited and approved for payment the voucher and has audited and approved for payment the voucher to be submitted by Contractor in connection therewith. The Town Board shall process any voucher received from Contractor as expeditiously as possible. In the event that the Town disputes or objects to any portion of any voucher submitted by Contractor pursuant to this paragraph, the Town shall, within 30 days of receipt of such voucher, notify Contractor in writing of such dispute or objection. Contractor acknowledges the Contractor is familiar with the requirements of section _118 of the Town Law which, in effect, prohibit payment of any of'Contractor's claims against the Town unless fan itemized voucher therefore shall have been presented to the Town Board or Town Comptroller and shall have been audited and allowed by the Town Board or Town Comptroller. The acceptance by the Contractor of the payment shall be, and shall operate as a release to the Town from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Town and others relating to or arising out of,this Contract, except Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment final or otherwise, shall operate to release the Con actor,or its sureties from any obligations under this Contract. Dated: ; z� C TRAC TOWN OF S THOLD By: Sup rvisor Scott A. Russell Officer or Authorized Agent