HomeMy WebLinkAboutSalt for Snow Removal Operations - Mattituck/Cutchogue School ° r � RESOLUTION 2019-140
ADOPTED DOC ID: 14898 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2019-140 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 29,2019:
RESOLVED, that the Town Board of the Town of Southold hereby authorizes Supervisor
Scott A. Russell to execute an Inter-Municipal Agreement with the Mattituck-Cutchogue
Union Free School District to provide the school district with salt for snow removal
operations, subject to the approval of the Town Attorney.
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland,Doherty, Ghosio, Evans, Russell
AGREEMENT FOR PROVIDING SALT FOR SNOW
REMOVAL OPERATIONS
THIS AGREEMENT effective the ) - ,APr*;of r► 2019, by and
between the Town of Southold, a municipal corporation with its principal place of
business at Town Hall, 53095 Main Road, PO Box 1179, Southold, New York 11971
(hereinafter referred to as the "Town") and the Mattituck-Cutchogue Union Free
School District (hereinafter referred to as the "Municipality".) The term of this
Agreement commences on January 1, 2019 through December 31, 2019, unless
terminated sooner pursuant to the provisions set forth in this Agreement with three
(3) additional one (1) year options to renew at the Town's sole discretion.
WHEREAS, the New York General Municipal Law allows municipal
corporations to enter into corporation agreements, and;
WHEREAS, the Municipality has the manpower and equipment to carryout
snow removal operations but does not have the proper facilities for the storage of
salt, and;
WHEREAS, the Town has the facilities necessary to store enough salt to
provide salt to the municipality without affecting its own snow removal operations, or
increase costs to the taxpayers of the Town, allowing the municipality to realize a
significant costs saving in there snow removal operations, and;
WHEREAS, the Town and Municipality desire to enter into an agreement
whereby the Town, at cost, will supply the Municipality with salt for snow removal
operations;
NOW, THEREFORE, it is mutually agreed by and between the parties hereto
as follows:
1. The Town shall furnish the Municipality salt and/or salttsand mixture, at
cost, as may be requested by the Municipality, to be provided by the Town of
Southold Highway Department.
2. The Town agrees to furnish Salt and/or sand/salt mixture to the
Municipality at the cost set forth in the "Pricing Sheet" prepared by the
Superintendent of Highways. The "Pricing Sheet" lists the current cost to be charged
to the Municipality as of the effective date of this Agreement and shall be referred to
as Exhibit A, incorporated by reference herein, into the terms and conditions of this
Agreement. If the price increases for any item enumerated on Exhibit A, after the
effective date of this Agreement, the Municipality hereby agrees that it shall incur the
additional cost of any and all items on Exhibit A, supplied by the Town, so that the
Town shall be made whole.
3. The Town authorizes the Municipality owned vehicles or vehicles under
contract with the Municipality to enter the designated Town of Southold Highway yard
to accept delivery of salt, sand, other abrasives or other chemicals during, 1) the
regular business of the highway yard, 2) at times when Town of Highway personnel
are present in the highway yard to conduct snow removal operations, or 3) at other
times designated by the Town of Southold Highway Superintendent. All material
must be loaded on the above-mentioned vehicles by Town of Southold Department
of Highway personnel.
4. The person receiving the material acting on behalf of the Municipality
will be required to complete and sign such documents, forms and/or receipts as are
necessary for accurate and complete record keeping, prior to receiving any material.
5. The person receiving the material on behalf of the Municipality will be
required to produce governmental issued photo-id upon request. The Highway
Department may photocopy the photo-id as part of the record keeping process.
6. Due to the possibility of contamination, the Highway Department will
not accept back un-used materials, nor will credit be issued for un-used material.
7. The cost of the material shall be based on the cubic yard of material
delivered. The amount of material loaded on to a Municipality vehicle will be noticed
on Highway ticket and charged to the Municipality on a charge back basis.
8. All work performed under this Agreement shall be under the direction of
the Town of Southold Highway Department and its interpretations and decisions shall
be final and conclusive.
9. The Municipality hereby indemnifies, defends and holds the Town
harmless from all claims, liabilities, judgments and expenses (including reasonable
attorney's fees) for bodily injury and/or property damage which relate to or arise out
of the performance of the duties by individuals who are in the first instance
employees of the Municipality during the course of their snow removal duties as
performed pursuant to this Agreement. This clause shall survive termination of this
Agreement. Damages shall not be limited to the amount of insurance coverage
provided for herein.
10. The Municipality shall at all times during the course of this Agreement
procure and maintain, at its own cost and expense, General Liability Insurance
naming the Town of Southold, the Highway Department of the Town of Southold,
their officers and employees as additional insured and certificate holder in an amount
not less than One (1) Million Dollars per occurrence, Two (2) Million Dollars
aggregate. This clause shall survive termination of this Agreement. Damages shall
not be limited to the amount of insurance coverage provided for herein.
11. This Agreement shall be construed in accordance with the laws of the
State of New York and any litigation shall occur in Suffolk County, State of New York.
12. All notices, demands and requests which may or are required to be
given by either party to the other shall be in writing. Any notice given under this
Agreement shall be deemed given upon receipt when sent by overnight mail or
certified mail, return receipt requested, to the following addresses:
Town of Southold
Attn: Town Clerk
53095 Main Road
PO Box 1179
Southold, New York 11971
a+N i ke-4- CyOuie UfSb
Municipalitf
3�5 ajcof Lap)e-
Address
Cv� v,e AN 11135
ddress
and such other Town departments or individuals that the Town subsequently
designates in writing to receive notice in addition to the Town Attorney.
13. This Agreement may be amended or modified as circumstances may
require, however, all amendments and modifications to this Agreement must be in
writing to be signed, sealed and acknowledged by both parties. ,
14. This Agreement constitutes the entire agreement between the parties
hereto and supersedes all prior memoranda, correspondence, conversations,
discussions and/or negotiations held and/or which have taken place between the
parties hereto prior to the date of this Agreement.
15. This Agreement shall be binding upon the parties hereto and their
respective successors.
16. If any of the provisions of this Agreement shall be held invalid, the
remainder of this Agreement shall remain in full force and effect.
17. The Town shall not be responsible for any delays due to circumstances
the Town deems beyond the Town's control, including but not limited to, inclement
weather, acts of terrorism and natural disasters.
18. The Town may terminate this Agreement at any time, with or without
cause. The Town shall notify the Municipality of its intent to terminate this Agreement
via Fax. Receipt of Fax is presumed valid if the Town has a transmittal verifying it
has been sent. In the event of termination, the Town shall be paid for costs incurred
pursuant to this Agreement, completed or received prior to the date of notice of
termination. Notice shall be given in accordance with the Notices provision of this
Agreement.
19. This Agreement shall not be changed, amended, altered, nor any
provision thereof waived, unless said change, amendment, modification or waiver is
made in written form and signed by the party to be charged. The failure of either
party to insist upon performance of any term or condition shall not be deemed a
waiver of any rights hereunder.
20. By signing below, the parties represent that he/she is authorized and
empowered to bind the Municipality for whom he/she represents.
MUNICI A ITY
(Seal) By:
(Signature)
Char)-es 4f1derSri-)
(Pri t Na e)
r i�ehf
(Title)
TOWN OF SO HOLD:
(Seal) By. �¢
Supervisor/Deputy Supervisor,
Town of Southold
MUNICIPALITY:
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
2oIq
On the day day of be e me personally came Ch l-1 s q4aus t-
to me known, who, being by me duly sworn, did depose a d say that he/she resides
at , New York, that he/she is the 66,vd (title),
of (Municipality) described in and which executed the
foregoing instrument; that he knows the seal of said Municipality that the seal affixed
to said instrument is such corporate seal; that it was so affixed by order of the
Municipality Board/Board of Commissioners signed his/her name thereto by like
order.
Notary Public
TOWN OF SOUTHOLD: CHRISTINE zAWEM
Notary Public,State of New York
Qualified In Suffolk County
196
STATE OF NEW YORK). No.Expires
) My Commission F�cplr0s Juno 30.20_2"P
) SS:
COUNTY OF SUFFOLK)
iL
On theday of �1 , before me personally came Scott A.
Russell, to me known, who, being by me duly sworn, did depose and say that he
resides at, New York, that he is the Supervisor/Deputy Supervisor of the Town of
Southold, the Municipal Corporation described in and which executed the foregoing
instrument; that he knows the seal of the said corporation; that the seal affixed to
said instrument is such corporate seal; that it was so affixed by order of the Town
Board, and that he signed his.name thereto by like order.
cI -)ql h.
Notary Public
LAUREN M.STANDISH
Notary Public-State of New York
No.01ST6164008
Qualified in Suffolk County
Commission Expires April 9,2023
EXHIBIT "A"
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Corning Tower,Empire State Plaza,Albany,NY 122121 htip•1fhyspro.ogs.ny.gov I custcmet.service@ogs,ny.gov 1518-474-6717
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Title Group 01800— ROAD SALT, TREATED SALT, &
EMERGENCY STANDBY ROAD SALT(STATEWIDE)
Classification Code(s): 12
Award Number 22955 (Partially Replaces Award 22843)
Contract Period September 1,2015—August 31, 2019
Bid Opening Date July 10, 2015
Date of Issue September 3,2015(Revised August 31, 2018)
Specification Reference: As Incorporated In The Invitation for Bids
Contractor Information: Appears on Page 5 of this Award
Address In uiries To:
State Agencies&Vendors Political Subdivisions&Others
Name Bailey Baleno OGS Procurement Services-Customer Services
Title Contract Management Specialist Phone 518-4746717
Phone ; 518-473-1614
Fax 518-486-6867 Fax 518-474-2437
E-mail Bailey,Baleno@ogs.ny.gov E-mail customer.services@ogs.ny.gov
Procurement Services values your input.
Complete and return the Contract Performance Report at the and of the document.
Description
Road Salt is used for snow and ice control.Treated Salt is granular sodium chloride(Rock Salt)treated with
corrosion inhibited liquid magnesium chloride—Types 1 and 2.These are filed requirement contracts which
require the Contract User to purchase 70% of their filed requirement or 50% of their filed requirement if an
awarded county is for Solar Salt.Automatic price increases become effective once deliveries exceed 120%
of the Contract User's filed requirement.
GROUP 01800—ROAD SALT,TREATED SALT AND EMERGENCY STANDBY ROAD SALT Page 40
(STATEWIDE)
Road Salt(Lot 1) Pricing Per Item Effective from September 1, 2018 to August 31, 2019 (Cont'd)
'Note:Awards 22843&23134 Items are listed for informational purposes only.The contracts for these items
have been extended through August 31,2019.Please continue to reference the assigned contract number from
Awards 22843 &23134 for these items.
Solar salt will be allowed in these counties only.
Filed
Item Requirement Price per
Award [Number Count tons Contractor Ton TVpe of Salt
Rock and
22955 28 Nassau* 71,410 Atlantic Salt, Inc. $68.85 Solar
**22843 29 Niagara 67,406 1 American Rock Salt Co. 1 $54.42 Rock
"*23134,1 30„ Oneida See,Award 23134,for Contractor.info and ricin . -Rock
*!23134 - :31' Onorida a -See Award231'34 tractor info and 'ricin . Rock
**22843 32 Ontario 76,860 American Rock Salt Co. 1 $51.42 Rock
*23134 33 Qran a See-
,Award-23134#or Contractor info and pricing. Rock
**22843 34 Oswe o 24,722 American Rock Salt Co. $52.02 Rock
*23134- 35 Oise o See Award 23:134 for Contractor in and nein-Q. Rock
22955 36 Putnam 49,435 Morton Salt, Inc. $84.54 Rock
**22843 37 Rensselaer 61,294 American Rock Salt Co. $61.73 Rock
Rock and
22955 38 Rockland* 55,305 Atlantic Salt, Inc. $67.02 Solar
*"22843 39 St. Lawrence 48,570 American Rock Salt Co. $87.00 Rock
22955 40 Sarato a 34,052 Morton Salt, Inc. $64.72 Rock
"`22843 41 Schenectadv 46,354 American Rock Salt Co. $61.50 Rock
�Schoharie " 8ee,Award•23134.for Contractor info"andt ricin Rock
""23134. 43: Schu (er:&`Yates See Awar`d''-239 34-f6r Contractor-info and` ricin Rock--
**23134`, ' 44' j§teuben'" - See Award`23134_for'Cohtractor info anb pricing. - Rock'
22955 45 Suffolk* 170,384 Atlantic Salt, Inc. Rock and
73.61 Solar
'*23134; ;4fi_ Sullivan SeeAwar''d;231;34 foe.GonfractoP,infoaaridr'acing Rock„
22955 47 Ulster 56,662 American Rock Salt Co. $74.22 _ Rock
—22843 48 Warren 24,995 American Rock Salt Co. $72.93 Rock
`22843 49 Washington 37,154 American Rock Salt Co. $66.02 Rock
*`22843 50 Wa ne 61,190 American Rock Salt Co. $48.90 Rock
Rock and
22955 51 Westchester* 175,026 Atlantic Salt, Inc. $65.74 1 Solar
22955ra04(BJB
star'
FOc ,, RECEIVED
MAY 1 4 2419
0
y� Southold Town Clerk
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: May 13, 2019
Subject: Agreement between Town of Southold and Mattituck-
Cutchogue Union Free School District
Salt for Snow Removal Operations
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