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Home My WebLink AboutVillage Marine Pump-out station ECOVED JUN 7 2049 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: June 11, 2019 Subject: Agreement between Town of Southold and The Village of Greenport Regarding Use of Village Marine Pump-out Station With respect to the above-referenced m_ atter,'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 Trustees IMA Town of Southold and Village of Greenport Town Pump Out Boats on Village Waterways Intermunicipal Agreement This Agreement("Agreement") is between the Town-of Southold ("Town"), a municipal corporation of the State of New York, having an office at 53095 Route 25, Southold,New York 11971 and the Village of Greenport, a municipal corporation of the State of New York having an office at 236 Third Street, Greenport,New York 11944. Term of Agreement: Shall be from May 24, 2019 through October 31, 2019 Total Cost of Agreement: As provided in this Agreement Whereas, the Town presently employs individuals to operate pump out boats in the various Southold Town Waterways; and Whereas, the Village would like to utilize those Town Pump Out Boat Services in Village Waterways during special events, when their Village Pump Out Boat is inoperable or as other emergency need arises; and Whereas,the Town needs to have locations available to it for the offload of effluent waste from the Town Pump Out Boat; Now,Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. The Town will provide Pump Out Boat Services in Village Waterways when requested by the Village on an emergency basis and during special events in the Village from 11 a.m. until 5 p.m.,upon advanced seven(7) days written notice beginning May 24, 2019 through October 31, 2019, conditioned upon the availability of the Town's Pump Out Boat's regular duties, and as may otherwise be agreed by the Town and the Village. 2. The pump out boat and staff thereon provided by the Town under this Agreement shall have all appropriate certifications as required and appropriate for employment as a pump out boat operator during all times that they are providing services under this Agreement. 3. The individuals that are provided to the Village by the Town to work at the Village waterways shall at all times be and remain employees of the Town, and covered by all required and respective Town insurance and benefit plans, and have all salary and other compensation and other payments that may accrue or be due to them paid to them by the Town. The individuals shall at all times remain and considered to be employees of the Town. 4. In consideration of this agreement the Village shall waive any and all pump out boat offload fees for the Town at their Village pump station at Mitchell Marina during a period of special event service and/or emergency service. All other times the Town shall be permitted to offload, and the Village shall accept, effluent waste from the Town Trustees' Pump Out Boat at the Village Pump 1 - a IMA Town of Southold and Village of Greenport Town Pump Out Boats on Village Waterways Out Station at a rate of fifty cents ($0.50)per gallon. The Mitchell Marina Dock Master or his/her designee and the Town Pump Out Boat Operator shall jointly agree on the amount of waste off loaded and shall note their records accordingly. 5. Indemnification: The Village agrees to hold harmless and indemnify the Town and its employees for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the Village or its officers or employees while acting within their scope or capacity of this agreement. The Town agrees to hold harmless and indemnify the Village and its employees for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the Town or its officers or employees while acting within their scope or capacity of this agreement. 6. The Village of Greenport agrees to carry appropriate insurance coverage from claims of bodily injury, death or property damage that may arise from the performance of services under this agreement in limits of$1,000,000 and $1,000,000 aggregate liability for bodily injury and property damage. The Town shall be named as additional insured and a certificate of insurance shall be provided to the Office of the Town Clerk within 48 hours of execution of this Agreement. 7. It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 8. It is expressly agreed that this Agreement represents the entire agreement of the parties, that all previous understandings are merged in this Agreement. No modification of this Agreement shall be valid unless written in the form of an Amendment and executed by both parties. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town of Sout d Village of Greenport By: By: 'eLl / n. Scott A. Russell Ho , George W. Hubbard, Jr. Supervisor Mayor Date: SI c/ f tq Date: H-MA28 , 20 2 IMA Town of Southold and Village of Greenport Town Pump Out Boats on Village Waterways STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: On the `'V day of May, in the year 2019,before me, the undersigned,personally appeared Scott A. Russell, Supervisor of the Town of Southold,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she the executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Signature and office of person taking the Acknowledgement LAUREN M.STANDISH Notary Public-State of New Yolk No.01 ST6164008 Qualified in Suffolk County Commission Expires April 9,2023 STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: Pw On the day of May, in the year 2019, before me, the undersigned,personally appeared George W. Hubbard, Jr, Mayor of the Village of Greenport,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she the executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Signatur and fice of person taking the Ackn led ment JEANVARIE ODDON Notary Public,State of New York No.01OD6251238 QuulMed in Suffolk County Cfitt !I: November too 20-L o� �t 3