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FROM:
DATE:
RE:
MEMORADUM
ELIZABETH A. NEVILLE, TOWN CLERK
GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY ~,~
MARY C. WILSON, ESQ., ASSISTANT TOWN ATTORNEY~_~..J
MAY 17, 2001
CONTRACTS, LEASES, & AGREEMENTS
TRANSMITTED HEREWITH ARE THE FOLLOWING CONTRACTS TO BE
FILED IN YOUR OFFICE AS FULLY EXECUTED:
· CONTRACT WITH BRUCE BERGER/HUMAN RESOURCES
THANK YOU FOR YOUR ATTENTION TO THESE MATTERS.
AGREEMENT
THI~S AGREEMENT, made:~his /~f~ day May, 2001 among the Town of
Southold, a municipal corporation having its office and principal place of business
at 53095 Main Road~ Southold, New York 11971 hereinafter the"T0wn", and
Bruce Berger, 425 9ta street, Greenport, New York 11944 hereinafter called~the
"Consult~int'.
WHEREAS, the Town did heretofore request proposals for a Consultant to perform
massage therapy services for the Department of Human Resources, Adult Day Care
program;
WHEREAS, the Town will be responsible for disbursing said Consultant's
compensation from funds deposited ~vith the Town and;
NOW, THEREFORE~ IT IS AGREED AS FOLLOWS:
1. The Consultant does hereby agree to perform all the work as an independent
contractor as defined by the Internal Revenue Service and any other relevant
agency and is responsible for aH reporting, payment of social security taxes and
any other taxes, payments or remittance related to his,q~er independent
contractor status. There shah be no fringe benefits associated with this
Agreement. There shah be no health benefits offered to the Consultant. Said
consultant will devote his/herself, his/her skills and best efforts to the job on a
part-time basis. The Consultant is expected to utilize and exercise his/her
professional discretion and independent judgment in fulfilling his/her
Consultant tasks.
2. Notwithstanding any uther provision in this agreement, the Consultant is being
hired in an ~'ar will" status and the Consultant's contract may be terminated by
the Town or the Consultant at any time for any reason upon thirty (30) days
written notice.
3. The Consultant shall set his/her own hours and appointments. The Consultant
shall repor~ to the Director of Human 'Resources for the Town of Southold. The
Consultant will, at all times relevant to this agreement, maintain the appropriate
certification to provide said services in the state of New York.
4. The Consultant shall secure and mainta'm such insurance that ,vill protect
him/her from claims Under the Worker's Compensation Acts as required by the
Workers Compensation Law and from claims for bodily injury, death or
property damage ,vhich may arise from the performance of his/her services
under this Agreement, in limits of $1,000,000 and $2,000,000 aggregate liability
for bodily injury and property damage.
5. In addition, the Consultant shall indenmffy and hold harmless the Town from
and against all suits, claims, demands or actions for any injury sustained or
alleged to be sustained by any party or parties in connection with the alleged
negligent performance or negligent performance by the Consultant, and in case
of any such action brought against the Town, the Consultant shall immediately
lake charge of and defend the same at his/her own cost and expense. In addition,
the Consultant will name the Town as an additional insured on all applicable
policies.
6. The Consultant's chief tasks will include: providing massage therapy services to
particular elderly ~lients of t~e Human Resource Center as designated by the
Director of. Human Services.
7, TheTown does hereby agree to issue compensation'to the Consultant for, the
total sum of: $51.16 per hourly service. Said term will commence on the date of
execution of this contract and will expire on December 31, 2001. Said term may
be renewed' for a term of one year subsequent to the initial term at the sole
discretion of the Town. The Consultant shall submit vouchers for compensation
to the Town. It is hereby understood and agreed by the parties hereto that the
funds for performance of the ,vork provided for herein are provided in total by
the Town and that accordingly, the Consultant does hereby agree to comply with
all of the requirements as described herein. The Consultant will keep all
information related to his/her work with the Town confidential and will not
share said information ,vith any other party except with the express, written
approval by the Town or its designated representative. The Consultant will
commence work as described after receipt by the Town of a fully executed
Agreement and the establishment of a.mutually agreed upon commencement
date.
8. This Agreement sets forth all of the terms of the parties' discussions and
agreements regarding its subject matter. There are no other agreements, oral or
otherwise among the parties to this agreement. The waiver by either party of
any term or condition Of this agreement shall not constitute awaiver of any of
any other term or condition of this agreement.
9. This agreement shall be construed, governed and applied in accordance with the
law of the State of Ne,v York.
10. This Agreement and all parties' obligations hereunder are subject to ratification
and approval by the Town of Southold.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
/~ day of May, 2001.
Jea~W. Cochran
Southold Town Supervisor
Bruce Berger
Consultant