HomeMy WebLinkAboutCONSULTING AGREEMENT_Ted.pdfCONSULTING AGREEMENT
THIS AGREEMENT is made as of October 9, 2012 by and between Ted Jones, 109 S. Danby
Road, Willseyville, New York, (Consultant) and the Village of Cayuga Heights, a New York
municipal corporation having offices at 836 Hanshaw Road, Ithaca, New York 14850 (the Village).
Whereas, Consultant has advised the Village as representative of Williamson Law Book for a
period of approximately one (1) year prior to the date of this Agreement; and
Whereas, the Village desires to engage Consultant’s services in order to complete preparation
of the Annual Update Document (AUD) for submission to the Office of the New York State
Comptroller.
Whereas, Consultant is willing to provide such consulting services to the Village; and
Whereas, Consultant and Village desire to enter into an agreement on the terms and conditions
set forth herein concerning Consultant’s provision of services to the Village;
NOW, THEREFORE, for good and valuable consideration, the mutual receipt and legal
sufficiency of which is hereby acknowledged, there parties hereto agree as follows:
1. SERVICES . From the date of this Agreement forward, Consultant will provide
consulting services to Village, and specifically to the Treasurer, including, but not
limited to:
A. Knowledge and experience concerning Generally Accepted Accounting
Procedures, OSC requirements related to AUD, and efficient use of
accounting software licensed by the Village.
B. Services are to be scheduled at mutually agreed times allowing for
submission of the AUD in a timely manner.
2. FEES . As and for the consideration to be delivered by the Village consulting services
to be provided in accordance with this Agreement, the Village will pay Consultant a fee
at the rate of Forty-five and No/100 Dollars ($45.00) per hour, for up to a maximum
total of One Thousand and No/100 Dollars ($1,000.00). The Village will deliver
payment within thirty (30) days of receipt of an invoice detailing the time expended on
consulting services rendered under this Agreement.
3. NON-EXCLUSIVITY . Contractor may perform consulting services for any other
party, or otherwise provide consulting services for a fee, or undertake any form of
employment, during the term of this Agreement.
4. TERM AND TERMINATION . This Agreement will remain in effect until December
31, 2012. Either party has the right to terminate this Agreement at any time with or
without cause, by delivery or written notice to the other not less than ten (10) business
days in advance of the effective date of such termination.
5. INDEPENDENT CONTRACT RELATIONSHIP / NO JOINT VENTURE . The
parties to this Agreement are independent contractors, and no relationship of employer
and employee is deemed to be established by this Agreement. The parties hereto shall
not be deemed to be engaged in any joint venture, partnership or other legal mutual
relationship, other than as independent contractors. Contractor will pay any taxes that
the Contractor is required to pay as a result of consulting fees received under this
Agreement, including, but not limited to, any self-employment, social security, income,
or similar State or Federal taxes.
6. ENTIRE AGREEMENT . This agreement contains the entire agreement of the parties
hereto, and its terms may not be changed or terminated except by an instrument in
writing executed by all of the parties hereto.
7. COSTS AND ATTORNEYS’ FEES . Each party agrees to pay all costs and expenses,
including reasonable attorneys’ fees and disbursements that may be incurred or paid by
the other in successfully enforcing the covenants and agreements in this Agreement.
8. NO WAIVER . The failure of either party to exercise such party’s rights hereunder
shall not prevent such party from exercising such right at a later date and shall not
constitute such party’s waiver of such right.
9. UNENFORCEABILITY . If any provision of this Agreement shall be determined to be
invalid or unenforceable, the remaining provisions of this Agreement shall not be
effected thereby, and each and every provision of this Agreement shall remain
enforceable to the fullest extent permitted under applicable law.
10. ASSIGNMENT . No party to this Agreement may assign its respective interests in this
Agreement to any other person or entity.
11. APPLICABLE LAW . This Agreement and all of its terms and provisions shall be
governed by and construed in accordance with the laws of the State of New York. In
the event of any dispute arising hereunder, the parties hereto agree to submit to the
Jurisdiction of the Courts of New York in Tompkins County and to venue for any such
action being set in Tompkins County.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written:
VILLAGE OF CAYUGA HEIGHTS
By: ___________________________
Kate Supron, Mayor
_______________________________
Ted Jones