EndeavorENDEAVOR, /NC.
TEV/OTDALE
P. O. Box X87
GERMANTOWN, /YY 12526
518 - 5 3 7 4 4 51 / 43 5 3 FA x
VICTORCORNEL/USC~AOL. COM
Hon. Barbara A. Gutzler
Supervisor, Town of Wappinger
20 Middlebush Rd.
Wappingers Falls, NY 12590 June 15, 2013
Dear Supervisor Gutzler,
The following shall constitute the agreement between us pursuant to which you,
the Town of Wappinger (Client) has retained our company Endeavor, Inc. to
furnish certain financial development services upon the following terms and
conditions:
1) Client hereby engages Endeavor, Inc. to develop funding resources for
initiatives currently undertaken by the Town of Wappinger Wastewater
System with regard to improvements involving the collections and
processing systems. The period of the contract is to last eighteen months
from the date of signature (1.5 annual grant cycles). The areas of
responsibility associated with this contract are limited to performing
advocacy and grant/loan filing services for the Town to:
a. the Environmental Facilities Corporation in the context of its formal
application process,
b. Dutchess County Planning's Community Development Block Grant's
application process.
c. DEC's Water Quality Improvement Program's application process.
d. the Federal Appropriations Process, if applicable,
e. the New York State Member Initiative Process, if applicable.
Services provided include, but are not limited to:
d. Meeting with representatives of both the Town and the funding
sources to present the various aspects of the project, including
engineering, legal and financial eligibility requirements,
e. Developing reports and 'sign-off' documentation for the appropriate
phases of the project,
f. Etc.
2) In consideration hereof, Client shall pay Endeavor, Inc. $5,000.00 upon the
signing of the contract and upon the first day of each subsequent quarter from
the date of contract, for five additional quarters.
3) In addition, the Client will also provide to Endeavor, Inc. reimbursement for
all expenses of production of the written applications or reports, i.e. duplication
of photographs, photocopier expenses, folders, mailing costs, and personnel
costs incurred by Endeavor, Inc. after the Town receives notification of its
awards. Client will retain ownership of all materials developed in the context of
this project and must pre-approve all expenditures of $100 or more. When
possible, in-house resources will be utilized.
4) Endeavor's fees (as defined in 2) shall be included as administration expenses
and will be included in the budget to be funded through the EFC as such.
5) This contract can be annulled upon thirty days' written notice by either party.
6) This agreement shall be binding upon and shall inure to the benefit of the
parties, their successors, and assigns.
7) This agreement constitutes the entire agreement between the parties, shall not
be modified or amended except in writing, delivered by certified mail, and shall
be interpreted in accordance with the laws of New York State applicable to
agreements executed and to be performed within.
8) Any work performed or services rendered by either party hereunder shall be
in that party's capacity as an independent contractor and not as agent or
representative of the other party. It is understood that this agreement does not
constitute a joint venture by the parties hereto.
9) Any dispute, controversy, or difference of opinion related to this agreement or
to its validity which cannot be mutually resolved between the parties shall be
settled by arbitration in accordance with the rules, then in effect, of the American
Arbitration Association in New York, and the decision of the arbitrator(s) shall
be binding and a judgment thereon may be entered in any court of competent
jurisdiction.
Please confirm your consent to the foregoing by signing the enclosed copy of this
letter in the appended space provided and returning same to us.
Very truly yours,
Endeavor, Inc.
By,
Victor Cornelius, President
AGREED AND ACCEPTED:
The Town of Wappinger
By,
Barbara A. Gutzler, Supervisor Date