Loading...
HomeMy WebLinkAboutPesce, Henry 1 THIS AGREEMENT made this 9th day of May, 2017, between the TOWN OF :T 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): W Henry Pesce N I 1210 Coxneck Rd Mattituck NY 11952 C 631-298-4179 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: Introduction to Pickleball 3. The Instructor hereby agrees to commence the rendering of services on July 6, 2017 and to render instructional services during the following time period: JULY 6, 13; & 20 THURSDAYS, 6:00 - 8:00 P.M. Location: Cochran 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 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. �r i 9. The minimum and maximum enrollment of the class for the program is as follows: Minimum Enrollment 7 Maximum Enrollment 15 10. The Instructor agreesto 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 Insirucior. -The`Instructor is expected,fo utilize-his/her independeht 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 SOUTHOLD - -- --- . - -- Scott-A. Russell, Supervisor Instructor Today'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 Henry Pesce, (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 11.8 of the ToIA111-Law.Mibic1h in effect, prohibit payment of-any of Contractor's claims against the Town unless an 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 Contractor or its sureties,from any obligations under this Contract. Dated: CONTRACTOR TOWN OF SOUT OLD By: By: !�,l _ Supervisor Scott A. Rus ell THIS AGREEMENT made this 28rd day of February, 2017, between the TOWN OF SOUTHOLD, a municipality of the State of New York, having its principal office 2t 53095 Main Road (Route 25), P.O. Box 1179, Southold, New York -----1197-1-(the"Town")-and-(The Instr-uctor)r Henry Pesce 1210 Coxneck Rd Mattituck NY 11952 631-298-4179 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: Introduction to Pickleball 3. The Instructor hereby agrees to commence the rendering of services on June 1, 2017 and to render instructional services during the following time period: JUNE 1, 8, & 15 THURSDAYS, 6:00 - 8:00 P.M. Location: Cochran 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 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: Minimum Enrollment , 7 Maximum Enrollment 15 ---- -- ,--=1-0.-The—InstructoragrePs—tn—prepar_e__accurate—attendance r_e-cords o a 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. TO N OF SOUTHOLD �e Scott A. Russell, Supervisor In t Today's Date Business Name (if applicable) Federal ID Number (if applicable) THIS AGREEMENT made this 1st day of August, 2017, between the TOWN OF T 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 O "Town") and (The Instructor): W Henry Pesce N 812 Main Street Mattituck NY 11944 C 477-3082 p 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: Pickleball 3. The Instructor hereby agrees to commence the rendering of services on September 14, 2017 and to render instructional services during the following time period: 9/14 — 10/5/17 Thursdays 5:00 = 7:00.p.m.. e -Location: Cochran- Park No Class 9/28 4. The Town agrees to compensate the instructor for satisfactory performance as described herein in the amount of 30/hour to be paid 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 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,th_e event that the enrollment in the program is less than-the minimum,: enrollment as-hereinafter set-fortfi; the Town shall have'the right to-terniinate 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--tfre exercise-of-discretion;shall-have-the-right-to— terminate this agreement. r r - 9. The minimum and maximum enrollment of the class for the program is as follows: Minimum Enrollment 7 Maximum Enrollment 12 10. The Instructor agrees-, to prepare accurate attendance records of all ;perso;ns;enrolled, 'in the'-program and to file the same with-.the Recreation Supervisor_within one week'after the last'class of'fhe_p'rogram'. ii, i, l :h.._ .1 ' .art i .. , ,_ ,i .t ' • : -.. _ ., 11. ' The Instructor"represents`that'he or`she is comp'etenfby reason of train'ing- and experience to' provide the- instruction provided for',in-Ahis`contract, add 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. lnstructo(from claims for bodily, injury, `de'ath o'r' property, damage which may arise' from the performance bf 'his/her 'service's ,under"the u - 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. ussell, Supervisor -zl- Irfstr to day's Date Business Name if applicable)' Federal ID NumberL if'a' licable pP ) pp ) RIDER REGARDING PAYMENT UNDER MUNICIPAL CONTRACTS The Town of Southold (hereinafter the "Town") shall pay Henry Pesce (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 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 the receipt of such voucher, notify Contractor in writing of such dispute or objection. Contractor acknowledges that 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 an 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, however final or otherwise, shall operate to release the Contractor or its sureties from any obligations under this Contract. REQUIRED PROVISIONS OF LAW Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to have been inserted herein. If any such provision is not inserted, through mistake or otherwise, then upon the application of either party, this Contract shall be physically amended forthwith to make such insertion. In particular, the Contractor shall, among other things, fully comply with: (a) Labor Law section 220-e and Executive Law sections 291-299 and the Civil Rights Law relating to prohibition against discrimination and providing equal opportunity. (b) Affirmative action as required by the Labor Law. (c) Prevention of dust hazard required by Labor Law section 222-a. (d) Preference in employment of persons required by Labor Law section 222. (e) Eight-hour workday as required by Labor Law section 220(2). PREVAILING WAGE RATES REQUIRED BY LAW (a) The parties hereto, in accordance with the provisions of section 220(3) of the Labor Law, hereby agree that there shall be paid each employee engaged in work under this Contract not less than the wage rate and supplements set opposite the trade or occupation in which he/she is engaged, which are the wage rates and supplements established as the prevailing rate of wages for the work covered by this Contract. (b) Labor classifications not appearing on the schedule of wages can be used only with the consent of the Owner and then the rate to be paid will be given by the Owner after being advised by the Department of Labor. (c) The Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements,:as specified in the Contract, for the various classes of mechanics, workingmen/women, or laborers employed on the work. Dated: CONTRACTOR TOWN OF SOUT LD By: By: Name: _Scott A. Russell Officer or u46rized Agent Title: Supervisor