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AGREEMENTS1Bozony Kathleen—Environmental Matters—Additional-8-9-2021
RESOLUTION AUTHORIZING INDEPENDENT CONTRACTOR
AGREEMENT BETWEEN TOWN OF QUEENSBURY
AND KATHLEEN BOZONY
RESOLUTION NO. ,2021
INTRODUCED BY
WHO MOVED FOR ITS ADOPTION
SECONDED BY
WHEREAS, by Resolution No.: 262,2016, the Queensbury Town Board authorized an
Independent Contractor Agreement between the Town and Kathleen Bozony providing for Ms.
Bozony undertaking such tasks as may be directed by the Town Supervisor and the Town Board
including, but shall not be limited to, preparation of applications for supervising and
administering various grants, for the amount of$35 hourly, and
WHEREAS, the Town Board wishes to continue its Agreement with Ms. Bozony, and
WHEREAS, a proposed Independent Contractor Agreement has been presented at this
meeting,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Independent
Contractor Agreement between the Town and Kathleen Bozony providing for Ms. Bozony
undertaking such tasks as may be directed by the Town Supervisor and the Town Board
including, but shall not be limited to, preparing applications for supervising and administering
various grants, for the amount of$35 hourly up to a total amount of$20,000 for the remainder of
2021, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute
such Agreement substantially in the form presented to this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
to amend the Town Budget and transfer:
• $4,000 from Undesignated, Unappropriated General Fund Balance to Consultant Account
No.: 00 1-1440-4720; and
• $15,000 from the General Fund to Climate Smart Capital Project Account No.: 226-8030-
4720;
and take any other actions needed to effectuate payment, and
BE IT FURTHER,
RESOLVED, that the Town Board 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 9th day of August, 2021, by the following vote:
AYES
NOES
ABSENT:
AGREEMENTS\Bozony Kathleen—Independent Contractor Agreement—August 2021
INDEPENDENT CONTRACTOR AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND
KATHLEEN SL BOZONY DBA BLU LAKE GEORGE
THIS AGREEMENT, made effective as of August 9, 2021, by and between the TOWN
OF QUEENSBURY (the "Town"), a municipality organized and existing pursuant to the laws
of the State of New York with it principal offices located at 742 Bay Road, Queensbury, New
York 12804, and KATHLEEN SL BOZONY, DBA BLU LAKE GEORGE, with a mailing
address of 322 Ormsbee Road, Porter Corners,New York 12859 ("Bozony");
WITNESSETH:
WHEREAS, the Town Board seeks to contract with an individual with broad experience
in general environmental matters and related administrative functions; and
WHEREAS, Bozony has expertise necessary for the tasks envisioned by the Town
Board;
NOW, THEREFORE, in consideration of the mutual covenants,hereinafter set forth, the
parties agree as follows:
1. WORK TO BE DONE — Bozony shall be engaged to undertake such tasks as
requested by the Town Supervisor and the Town Board, which may include but shall not be
limited to preparing applications for, supervising and administering various grants. The Town
Board and the Town Supervisor shall give direction to Bozony's services rendered.
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2. TERM; PAYMENTS — This Agreement shall commence on the date hereof and
continue during calendar year 2021. It shall continue beyond 2021 on a year-to-year basis on the
same terms and conditions unless terminated or modified pursuant to this Agreement. The Town
shall pay Bozony the amount of.$35 per hour which shall be paid upon submission of
appropriately detailed invoices and Town Board approval of payment; provided, however, that
for services provided by Bozony in connection with any State, Federal or other grant award this
rate shall be reduced so as to not exceed any applicable limitation imposed by the grant.
3. WORKING FACILITIES —The Town shall furnish Bozony access to facilities,
equipment and services as may be necessary for rendering her services pursuant to this
Agreement.
4. EXTENT OF SERVICE — Bozony shall be working for the Town as an
independent contractor.
5. DAMAGES; INDEMNIFICATION — Bozony shall be considered an
independent contractor and not an employee or agent of the Town for any purposes whatsoever.
Bozony shall be responsible for all damage, loss or injury to persons or property that may arise in
or be incurred in connection with providing services to the Town pursuant to this Agreement.
Bozony agrees to indemnify and hold harmless the Town, its officers, agents and employees
from any liability arising from or in connection with the services to be provided under this
Agreement.
6. INSURANCE — Bozony shall provide the Town with a Certificate of Insurance
naming the Town as an additional insured on a primary and non-contributory basis, including a
waiver of subrogation of behalf of the Town, in amounts and form acceptable to the Town. Such
insurance shall include:
(a) General liability insurance for damages from personal injury and accidental death
in an amount not less than$1,000,000 for each occurrence for injuries including wrongful
death to any one person, and$1,000,000 aggregate general liability; and
(b) Property damage insurance in an amount not less than $500,000 on account of all
occurrences.
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7. REPRESENTATIONS OF BOZONY — Bozony represents and warrants that
she is experienced in and competent to provide the services to be provided pursuant to this
Agreement. Bozony further represents that she has no employees and that any individuals with
whom she may subcontract are independent contractors.
8. NO ASSIGNMENT — Bozony may not assign, transfer, convey, sublet or
otherwise transfer this Agreement or its responsibilities hereunder without the prior written
consent of the Town.
9. TERMINATION OF AGREEMENT — Either party may terminate this
Agreement with or without cause upon thirty (30) days' prior written notice to the other and,
upon the exercise of this option, this Agreement shall automatically cease and terminate at the
expiration of the 30-day period.
10. REQUIRED PROVISIONS OF LAW — Each and every provision of law and
clause required by law to be included in this Agreement shall be deemed to have been included
herein. If any such provision is not included through mistake or otherwise, then upon the
application of either party the Agreement shall be amended to include such provision.
11. COMMENCEMENT OF WORK — Bozony shall not commence work under
this Agreement until she has obtained all required insurance and such insurance has been
approved by the Town.
12. NOTICES — 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:
To Town: John F. Strough, III, Supervisor
Queensbury Town Hall
742 Bay Road
Queensbury,NY 12804
To Bozony: Kathleen SL Bozony DBA Blu Lake George
322 Ormsbee Road
Porter Corners,New York 12859
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.13. MODIFICATION OF AGREEMENT — This Agreement constitutes the
complete understanding of the parties. No modification or amendment of any provision hereof
shall be valid unless in writing and signed by both parties.
14. WAIVER — Any waiver by either party of any breach of this Agreement by the
other party shall not constitute a waiver of any other or subsequent breach of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first written above.
TOWN OF QUEENSBURY
By:
JOHN F. STROUGH, III, Supervisor
KATHLEEN SL BOZONY DBA
BLU LAKE GEORGE
By:
KATHLEEN SL BOZONY
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