Loading...
HomeMy WebLinkAboutSummer Showcase Concert Series, Inc RESOLUTION 2019-443 � af ADOPTED DOC ID: 15218 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-443 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 7, 2019: i RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold-and Summer Showcase Concert Series, Inc. for the organizing and hosting of the weekly concerts in Silversmith Park for the 2019 summer season for the total amount of$4,200.00, subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio AGREEMENT THIS AGREEMENT, entered into this b day of June, 2019, by and between the Town of Southold, New York ("the Town"), a municipal corporation organized and existing under the laws of the State of New York with offices at 53095 Main Road, Southold, New York, and Summer Showcase Concert Series, Inc. ("Summer Series"), a not-for-profit corporation organized under the laws of the State of New York with a principle address of 1374 Lighthouse Road, Southold, NY 11971; WITNESSETH, that the Town and the Summer Series, for the consideration hereinafter named, agree as follows: WHEREAS, Summer Series has historically organized and held free weekly outdoor concerts during the summer months at Silversmith Park, Southold New York, and WHEREAS, the Town of Southold has historically granted permission to Summer Series to hold the afore-mentioned concert series at Silversmith Park, and WHEREAS, the Town of Southold considers these events to be a benefit to the residents of the Town of Southold and therefore has historically contributed towards the cost of holding the concerts, and WHEREAS, both parties desire to see the summer weekly concert series continue in the Summer of 2019, NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein, the parties hereto agree as follows: 1. Summer Series agrees to organize and host, a weekly summer concert series in Silversmith Park, Southold, NY each Wednesday evening from 7:30 pm until 9:00 PM June 26`' through August 28`h, 2019. 2. The Town agrees to allow Summer Series to use Silversmith Park, at no cost, to hold weekly concert events as described in paragraph "1" and agrees to provide access to electric for use by the performers. 3. The Town Agrees to contribute $4,200.00 towards the cost of organizing and holding of the concert series. Payment shall made to Summer series upon execution of this agreement and Summer Series filing a voucher in a form acceptable to the Town Comptroller and any other forms requested by the Town Comptroller. 4. The Summer Series shall be responsible for the full and correct performance of the Work required by this Contract within the time specified herein, including work of the Summer Series' Subcontractors, and any errors therein shall be corrected at the Summer Series' own cost and expense. In addition, the Sumner Series shall indemnify the Town for any costs or expenses attributable to errors in performance by the Summer Series or the Summer Series' Subcontractors. 5. Summer Series agrees that the money paid by the Town to Summer Series will be solely for compensating those performers at the concert series events set forth in Paragraph "I" and that none of the funds provided by the Town shall be used foi- the salaries or other payments to, the officers or employees of the Summer Series, except for reimbursement of expenses incurred that are directly related to the concert series events covered by this agreement. 6. It is hereby mutually covenanted and agreed that the relationship of the Summer Series under this Contract shall be that of an independent contractor. 7. In accordance with the provisions of section 109 of the General Municipal Law, Summer Series is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement, or of its right, title or interest in this Agreement, or its power to execute this Agreement, to any other person or corporation without the previous consent in writing of the Town. 8. Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: To Town: Elizabeth A. Neville, RMC, CMC Southold Town Clerk P.O. Box 1179 Southold, NY 1]971-0959 With a copy to: Janet Douglass, Southold Recreation Center Town of Southold P.O. Box 267 Southold, NY 11971-0959 To Summer Series: Summer Showcase Concert Series, Inc. 1374 Lighthouse Road Southold,New York 11971 9. The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Southold, at a meeting thereof held on May 7, 2019. Scott A. Russell, Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an Agreement on behalf of the Town. This instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk, Elizabeth Neville. 10. No waiver of any breach of any condition of the Agreement shall be binding unless in writing and signed by the party waiving said breach.No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. 1 l. This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. 12. This Agreement is governed by the laws of the State of New York. k IN WITNESS WHEREOF, the parties have caused these presents to be duly the day and year first above written. Summer Showcase Concert Series, Inc. By: iZL , Robert Blank, resident Town of Southold By: L� Scott A. ussell, Supervisor i! S, { h tx RECEIVED _©v JUN 1 4 2019 --zzzrxc Southold Town Cleric Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: June 13, 2019 Subject: Agreement between Town of Southold and Summer Showcase Concert Series, Inc. With respect to the above-referenced matter, I am enclosing the original Agreement together with the Resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures cc: Accounting