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HomeMy WebLinkAbout1993 eccCONTRACT Made as of this first day of January, 1993, by and between the Town of Enfield, a municipal corporation under the .caws- of the State of New York (hereinafter called the "Town") and the Enfield Community -Council, a not-for-profit corporation under the laws of the State of New .York (hereinafter called the "ECC"), Whereas, the Town desires to have certaincommunity recreational services provided to the residents-of"the Town and Whereas, the ECC desires to provide Such services to the Town and its residents, Now, therefore i.t is agreed that the Town contract with-the•ECC to provide such services -cin the following term's and conditions: 1. The EGC agrees to provide to the residents of the Town .of and other services as Vit, in consultation with ttrG V. En ie suc out ..air coramun.�t reereationa �' classes, ac . programs he Town determines are desireable and, needed (hereinafter, -called "contract." services"_). 2. The ECC agrees to give the Town, together with its annual budget request for funding=these contract,services,'a proposed program of contract services planned for the upcoming year, breakdown of expected costs, information on p persons to be benefitted and such other information as the Town may reasonably request. The ECC shall consult with the Town Board as -to the - proposed program: 3 The Town agrees to reimburse the ECC, but -only to the extent of funds budgeted -or appropriated and actually available for such purposes, for funds -actually expended by ECC for these contract services, including, -overhead expenses;, payroll expenses, and other costs associated -with the provision of the contract services. Nothing shall be construed to prohibit the ECC from accepting -donations, grants, matching funds, or monies from other sources -to defray the costs of providing services: J . I 4. The ECC agrees to give the Town at least semi-annually, a report of the activities it- i -s -<and has been engaged in,. the nu=tubers- of"' participants, the costs of activ=ities and any other information which the Town may reasonably request-. The ECC agrees that the Town',-',, may examine its books -of account and related financial -information: i 5. The Town a rees, to the extent itma g �d y o so and for so,long, as it may do so, to include the ECC as an additi-opal;named insured under its policy of general liability insurance. The, ECC shall be. responsible to secure any other insurance required by law, such as workmen's compensation insurance or unemployment ins-drance,"out l the expense of the -same shall be reimbursable expenses under -and subject to paragraph 3 above. 6. It is -acknowledged that the ECC .i s an, iindepe)JOent CDntrag r " organized to serve and benefit the Town of Enfield and its residents. - The inclusion of the-tCC.,"as an additional named insured as provided above shall not be deemed to"alter" the independent contractor status CONTRACT Made as of this first-day of January, 1997,.by and between the Town of Enfield, a municipal corporation under the laws of the State - of New York (hereinafter called -the -"Town") and the Enfield Community Council, a not-for-profit corporation,under the laws of the State'of.New York (hereinafter called the "ECC"), Whereas, the -Town desires--to-have certain community recreational servicesp rovided to the residents of the Town and Whereas, the ECC desires'--to,-provide such services to the Town-' and its residents, Now, therefore, it is -agreed that the Town contract with the ECC to provide such services on the.".following terms and conditions: 1. The ECC agrees to provide to the residents_of ,the Town of Enfield such youth and community recreational classes, activities, programs and other.services as it, in 'consultation with the Town; determines are desireable and needed (:hereinafter called "contract- services"). contract services"). 2. The ECC agrees to -give the' Town,,. together. vrith its annu' a7 budget request, ,for funding these contract services,, a" propos ed program of contract services .pianned for the upcoming Year, breakdown benefitted oexpected t edandsuch-otherinformat bnas tpersons to a costs, information hoe Town may .reeasonably..: .- request. The ECC shall consult"with the Town Board as to the proposed programa 3, The Town agrees to reimburse the ECC, but_only to the - extent of funds budgeted"or appropriated and actually 'available for.- such purposes, for funds actually expended by 8CC for -these contract " services, including overhead expenses,` payroll -expenses, and other costs associated with the provision of the contract services: Nothing shall be construed to prohibit the ECC from accepting donations-, grants:, matching funds, or monies' -from other sources to defray: the costs -of' providing services.- 4. ervices:4. The ECG,agrees to give the Town at least,semi-annually, a report of the activities it is and has been engaged in, the numbers of participants, the costs of!"ctivities and any other information which the Town may reasonably request.- The ECC agrees that the Town may examine its books of account and related financial information. 5. The Town agrees, tothe extent it may -do so and for -so long as it may do so, to include ;the ECC as an additional named insured under its policy of general liability. insurance. The ECC shall be responsible to secure any other insurance required by law, such as workmen' -s compensation insurance or unemployment 'insurance, but the expense of the same shall, -be -reimbursable expenses under -and subject to paragraph 3 above. b. It is acknowledged that the ECC is an independent contractor organized to.serve-and benef-it the Town of Enfield and its residents. The inclusion of -the -ECC as an -additional named insured as provided above shall not be deemed to alter the independent contractor -status of the ECC or cause the Town to be or become an indemnitor for the