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2.13 2.13 AGREEMENTS\Queensbury Senior Citizens—Administration and Programs—8-1-16 RESOLUTION AUTHORIZING AGREEMENTS WITH QUEENSBURY SENIOR CITIZENS, INC. RESOLUTION NO. ,2016 INTRODUCED BY WHO MOVED FOR ITS ADOPTION SECONDED BY WHEREAS, the Queensbury Center Coordinator has retired and the Town Board seeks to provide the services previously performed by the Coordinator for the remainder of the 2016 calendar year, and WHEREAS, Queensbury Senior Citizens, Inc. wishes to provide these services and has significant familiarity with the operations of the Center, and WHEREAS, the Town currently contracts with Queensbury Senior Citizens, Inc. for operation of recreational and social programs for senior residents of the Town pursuant to an Agreement dated as of January 1, 2016 (the "Programs Services Agreement"), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Queensbury Senior Citizens, Inc. to perform the services previously provided by the Center Coordinator for the remainder of the 2016 calendar year, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute and deliver an Agreement by and between the Town and Queensbury Senior Citizens, Inc. (the "Administrative Services Agreement") substantially in the form presented to this meeting, with such 1 revisions as the Town Supervisor, with the advice of Town Counsel, deems to be in the best interests of the Town, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute and deliver a revised Programs Services Agreement substantially in the form presented to this meeting, with such revisions as the Town Supervisor, with the advice of Town Counsel, deems to be in the best interests of the Town, reflecting any changes resulting from the Administrative Services Agreement, and BE IT FURTHER, RESOLVED, that the amount remaining in the Queensbury Center Coordinator's salary line in the Town Budget shall be moved to a Queensbury Center Agreement appropriation line; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Town Budget Officer and Town Counsel to take such other and further actions as may be necessary to effectuate the intent of this Resolution. Duly adopted this I"day of August, 2016, by the following vote: AYES NOES ABSENT: 2 ANNUAL AGREEMENTS12016\Queensbury Senior Citizens—Program Services—8-1-16 AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY SENIOR CITIZENS, INC. FOR PROGRAM SERVICES THIS AGREEMENT, made as of August 9, 2016, by and between the TOWN OF QUEENSBURY, Warren County, New York, (hereinafter referred to as the "TOWN") and QUEENSBURY SENIOR CITIZENS, INC., a non-profit agency organized and existing under the laws of the State of New York, with its principal place of business at 742 Bay Road, Queensbury, New York, (hereinafter referred to as the "CONTRACTOR") in the manner following: WHEREAS, the parties previously entered into an Agreement dated as of January 1, 2016 for the Contractor to provide the services described herein ("program services"); and WHEREAS, the parties have entered into an Agreement dated the date hereof for the Contractor to provide services previously provided by the Queensbury Center Coordinator ("administrative services"); and WHEREAS, the parties wish to hereby enter into a new Agreement for program services which reflects any changes resulting from the Contractor also providing administrative services; NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Contractor agrees to furnish community services to the Town and its residents for the remainder of the 2016 calendar year, which is also the Town's fiscal year, in consideration of the sum set forth below. The services to be provided by the Contractor are: Operation of recreational and social programs for senior residents of the Town of Queensbury. 2. The Town agrees to pay Contractor the sum of $20,000 as full financial consideration for the services previously set forth herein. Such amount shall be paid as follows: A. 100% upon submission of a Town Voucher (see Exhibit A to this Agreement) and approval of the Voucher by the Town Supervisor. None of these funds may be used for capital improvements on privately owned structures. B. Prior to payment, the Town shall require submission of the following supporting information or documents: 2015 Annual Report including Financial Statements. C. In addition to the payment specified above, the Town also agrees to provide exclusive use of the "Senior Room" and "Downstairs Recreation Room." The Town and Contractor hereby confirm and acknowledge that the $20,000 payment was made by the Town to the Contractor on February 23, 2016 in full satisfaction of all amounts due under this Agreement and no other monies are due or owing to the Contractor. 3. The Contractor additionally agrees to furnish to the Town throughout the term of this Agreement all financial and program information reasonably requested which is related to the services provided. 4. It is understood and agreed that the relationship of the Contractor to the Town shall be that of independent contractor. The Contractor agrees that it will hold itself in accordance with such status and that it will neither present itself nor claim to be an officer or employee of the Town. 5. The Contractor agrees and warrants to indemnify the Town and hold it harmless for any and all claims arising out of the performance of this Agreement which are made against the Contractor. 6. The Contractor agrees that it shall neither assign nor in any manner convey the rights or obligations of this Agreement to any other person, company, or organization without the previous written consent of the Town. 7. This Agreement may be terminated by either party upon thirty (30) days' notice in writing to the other party. The Contractor further agrees that in the event of cancellation of this Agreement by either party, it will make a full and final accounting of all Town funds received under this Agreement within thirty (30) days after notification of cancellation has been issued. 8. Unless cancelled earlier under the terms of the preceding paragraph, this Agreement expires on December 31, 2016. 9. As of the date of this Agreement, this Agreement shall amend and replace the parties Agreement dated January 1, 2016. It is agreed by the parties that this Agreement constitutes the full and complete agreement by the parties as to program services and that it may not be changed orally. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective on the day and year first above written. TOWN OF QUEENSBURY QUEENSBURY SENIOR CITIZENS,INC. BY: BY: JOHN F. STROUGH TOWN SUPERVISOR PRESIDENT DATE: DATE: MAILING ADDRESS: MAILING ADDRESS: 742 BAY ROAD 742 BAY ROAD QUEENSBURY,NY 12804 QUEENSBURY,NY 12804 AGREEMENTS1Queensbury Senior Citizens—Administrative Services—8-1-16 AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY SENIOR CITIZENS, INC. FOR ADMINIS 1'RATIVE SERVICES THIS AGREEMENT, made as of August 9, 2016, by and between the TOWN OF QUEENSBURY, a municipality organized and existing pursuant to the laws of the State of New York with offices located at 742 Bay Road, Queensbury, New York 12804 (hereinafter referred to as the "TOWN") and QUEENSBURY SENIOR CITIZENS, INC., a not-for-profit corporation organized and existing under the laws of the State of New York with its principal place of business at 742 Bay Road, Queensbury, New York (hereinafter referred to as the "CONTRACTOR"), in the manner following: IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. The Contractor agrees to furnish services to the Town for the remainder of the 2016 calendar year, which is also the Town's fiscal year, in consideration of the sum set forth below. The services to be provided by the Contractor are: Administration of the Town of Queensbury Activity Center. 2. In particular,the Contractor agrees to provide the following services: A. Scheduling the use of the Queensbury Center among the various groups and organizations who request its use: i. The Town of Queensbury, including all Departments, Boards and Town Officials, shall have priority for use of the Center and shall have access to the Center at all times. ii. Coordination of Center monthly scheduling calendars, including QSC SENIOR calendar and SET UPS calendar. iii. Receipt and management of applications for building use. 1 iv. Resolve building scheduling use issues. B. Answering incoming calls at Reception Desk and providing appropriate information and referrals to community resources as needed. C. Greeting, welcoming and providing information to walk-ins. D. Providing facility tours as needed. 3. The Town agrees to pay the Contractor the sum of $13,770.49 as full financial consideration for the services previously set forth. Such amount shall be paid as follows: A. 100% upon submission of a Town Voucher (see Exhibit A to this Agreement) and approval of the Voucher by the Town Supervisor. None of these funds may be used for capital improvements on privately owned structures. 4. Consideration shall also include the computer which is currently located at the Center and identified as Town of Queensbury Asset #9048, and which shall become the property of the Contractor. 5. On matters mentioned as contractual obligations herein, the Contractor shall be under the direction of and report to the Town Supervisor. 6. All fees received for use of the Center shall be made payable to the Town of Queensbury and delivered to the Town Budget Officer. 7. The Contractor may use the telephone(s) currently located at the Center but shall reimburse the Town for any long distance telephone calls made by the Contractor or any of its members, employees, volunteers or agents. 8. The Contractor agrees to furnish to the Town throughout the term of this Agreement all financial information reasonably requested which is related to the services provided. 9. It is understood and agreed that the relationship of the Contractor to the Town shall be that of independent contractor. The Contractor agrees that it will hold itself in accordance with such status and that it will neither present itself nor claim to be an officer or employee of the Town. 2 10. The Contractor agrees and warrants to indemnify the Town and hold it harmless for any and all claims arising out of the performance of this Agreement which are made against the Contractor. 11. The Contractor agrees that it will neither assign nor in any manner convey the rights or obligations of this Agreement to any other person, company, or organization without the prior written consent of the Town. 12. This Agreement may be terminated by either party upon thirty (30) days' notice in writing to the other party. The Contractor further agrees that in the event of cancellation of this Agreement by either party it will make a full and final accounting of all Town funds received under this Agreement within thirty (30) days after notification of cancellation has been issued. 13. Unless cancelled earlier under the terms of the preceding paragraph, this Agreement shall expire on December 31, 2016. 14. It is agreed by the parties that this Agreement constitutes the full and complete agreement by the parties as to administrative services and that it may not be changed verbally. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective on the day and year first above written. TOWN OF QUEENSBURY QUEENSBURY SENIOR CITIZENS, INC. BY: BY: JOHN F. STROUGH TOWN SUPERVISOR PRESIDENT DATE: DATE: MAILING ADDRESS: MAILING ADDRESS: 742 BAY ROAD 742 BAY ROAD QUEENSBURY, NY 12804 QUEENSBURY,NY 12804 3