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HomeMy WebLinkAboutFIFD - use of backhoe ° s11—.1 RESOLUTION 2019-821 0o _ `�� a� ADOPTED DOC ID: 15587 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-821 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 24, 2019: RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Supervisor Scott A. Russell to execute an intermunicipal agreement with the Fishers Island Ferry District permitting the Town Highway Department to utilize the Ferry District's backhoe during Highway Department operations on Fishers Island for the period of September 1, 2019 to September 30, 2020, subject to approval by the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio (� SEP 3 0 2019 SUPERVISOR'S OFFICE `TOWN OF SOUTHOLD IMA Town of Southold and Fishers Island Ferry District Use of Ferry District's Backhoe 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 fork 11971 and the Fishers Island Ferry District("Ferry District"), a municipal corporation of the State of New York having an office at 261 Trumbull Drive, Fishers Island, New York 06390. Term of Agreement: Shall be from September 1, 2019 through October 31, 2022 Total Cost of Agreement: As provided in this Agreement Whereas, the Ferry District presently owns a piece of heavy construction equipment, a backhoe, for use in its projects; and Whereas, the Ferry District has obtained said backhoe with funding provided through various governmental grants; and Whereas, the Town and its Highway Department maintain various Town adopted roads and highways on Fishers Island; and Whereas, the Town and its Highway Department, given the cost and expense of transporting heavy equipment from its base of operations on Long Island, would like to utilize the Ferry District's backhoe already located at Fishers Island in the performance of its municipal duties; and Whereas,the Ferry District wishes to allow the Town to utilize the backhoe in the performance of its municipal duties; and Now, Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. The Ferry District shall allow the Town to use the Ferry District's backhoe in the performance of the Town's tasks on Fishers Island when requested by the Town, conditioned upon availability. 2. The Town shall supply all fuel used by the Town while operating the Backhoe under this Agreement. 3. The staff thereon provided by the Town under this Agreement shall have all appropriate certifications as required and appropriate for operating said backhoe during all times that they are utilizing the Backhoe under this Agreement. 4. The individuals that are operating the backhoe on behalf of the Town 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 1 IMA Town of Southold and Fishers island Ferry District Use of Ferry District's Backhoe 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. S. The Town agrees to hold harmless and indemnify the Ferry District 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. The Ferry District 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 Ferry District or its officers or employees while;acting within thea scope or capacity of this agreement. G. The Town 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. A certificate of insurance shall be kept on file in the Office of the Town Clerk and provided to the Ferry District upon request. 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 tern 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. An witness`Alhereof,the parties hereto have executed this Agreement as of the latest date written below. Town of So hold Fi)hers,� sla erry District Hon, Scott A.RussellT Geb Cook Supervisor District7jager Date: 10 � Date: l 2 Y} �UFFat, CO. 01111GIIl''�AI \ Uf RECEIVED ��`� i' zrrc�=` OCT - 4 2019 Office of the Town Attorney Southold Town Clerk 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: October 3, 2019 Subject: Agreement between Town of Southold FI Ferry District Backhoe — Highway Department 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