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Home My WebLink AboutDwarka, Kevin rnP FRCEIO �� x� yr M AY 7 2020 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: May 5, 2020 Subject: Agreement between Town of Southold and Kevin Dwarka 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 ��gULFOL,Co� RESOLUTION 2020-291 F y`Qa ADOPTED DOC ID: 16149 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2020-291 WAS ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 21, 2020: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a retainer agreement with Kevin Dwarka, Esq. for legal service, all in accordance with the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:James Dinizio Jr, Councilman AYES: Nappa,Dinizio Jr, Doherty, Ghosio, Evans, Russell Kevin Dwa rka LLC Land Use& Economic Consulting CONTRACTUAL AGREEMENT FOR TOWN OF SOUTHOLD HOUSING POLICY GUIDANCE IDENTIFICATION OF CONTRACTING PARTIES This agreement is between Kevin Dwarka LLC("KDLLC"),222 Broadway, 19th Floor, New York, NY, 10038 and the Town of Southold ("TSH"),53095 Route 25,Southold, NY 11971. GENERAL NATURE OF CONTRACTED SERVICES Under direction from TSH, KDLLC will evaluate the feasibility of prioritizing essential workers for affordable housing programs and developments located within the Town of Southold. r SCOPE OF SERVICES Within a four-week period commencing from the date of contract execution, KDLLC will prepare a technical deliverable that responds to three key questions: ■ What exactly are the federal,state,and local laws that may potentially limit TSH's ability to prioritize essential workforce in its housing programs? ■ What strategies are other localities successfully deploying in order to advance essential workforce r provisions as policy priorities in housing programs similar to ones under consideration in TSH. ■ How might the provisions in TSH's code need to be modified in order to maintain inclusion of essential workforce priorities in its housing policies? Kevin Dwarka's analysis will draw upon a detailed review of current regulations; recent legal opinions, governmental guidance documents,funding program directives,and best practice guides.The memorandum will be designed to provide Southold with'all of the necessary information required to make an informed decision on its housing policies related to essential workforce. KDLLC REPRESENTATIONS KDLLC represents that it is fully experienced, properly qualified,financially capitalized,and fully insured with both professional liability and general liability policies to undertake the agreed upon Services associated with completion of the scope of work. For a summary of KDLLC's qualifications,see Exhibit A. 1 r CONTRACT AGREEMENT BETWEEN KDLLC AND TSH KDLLC represents that in performing the Services under this Agreement, KDLLC shall i operate as, and have the status of,an independent contractor and shall not act as agent or employee or be n agent or employee of TSH. As an independent contractor, KDLLC shall be solely responsible for determining the means and methods of performing the Services. KDLLC does not offer to provide legal representation to TSH as part of this contract. a jin Dwarka,owner of KDLLC, will complete the above described Scope of Work in his capacity as a lliin use and economic consultant rather than as an attorney. CONSULTING FEES AND TERMS OF PAYMENT KDLLC commits to complete the entire scope of services for a flat fee that will not exceed$4,000. KDLLC will submit one invoice upon the submission of the memorandum. No retainer is required to commence work on this engagement.TSF agrees to remit full payment to KDLLC within 30 days of receipt df the invoice. TERMINATION � I TSH may terminate this Agreement,in whole or in part,at any time upon 10 days' notice if TSH is reasonably dissatisfied with KDLLC's work under this Agreement and after giving KDLLC an opportunity to address its dissatisfaction,or if KDLLC is in default under or breach of this Agreement. i J Any such termination of this Agreement shall not relieve TSH of its obligation to pay charges due KDLLC for Services properly performed prior to such termination and shall not relieve KDLLC of any liability arising from any act or omission of KDLLC. DISPUTE RESOLUTION Occasionally, consultants and their clients have disputes arising from their relationship. If this happens between KDLLC and TSH, both parties agree that the dispute will not be resolved by lawsuit. Instead, if we are unable to work out the dispute among ourselves,then, upon the request of any party, it will be resolved by arbitration conducted by the New York State Dispute Resolution Association. Judgment upon any reward rendered by the arbitrator may be entered in any court of competent jurisdiction. MISCELLANEOUS This Agreement has been negotiated between parties of equal bargaining power and shall not be construed against either party by virtue of such party's attorney having drafted it. KDLLC shall not engage in any discriminatory hiring practice or accept any engagement which might conflict with KDLLC's responsibilities under this Agreement. ENTIRE AGREEMENT The rights and obligations of the parties, and their respective agents, successors, land assigns, under this Agreement shall be subject to and governed by this Agreement and this Agreement supersedes any other 2 EXHIBIT A: FIRM QUALIFICATIONS Kevin Dwarka LLC is a multi-disciplinary consulting practice specializing in the revitalization of New York State's downtowns, neighborhoods, waterfronts, main streets, and train stations. The practice was founded by Dr. Kevin Dwarka in 2007. Headquartered in New York City, the firm offers a unique combination of advisory services including land use guidance, economic analysis, and litigation support. The firm is certified as a Minority Owned Business Enterprise by New York State, New York City, and the Port Authority of New York& New Jersey. ■ Land use services include neighborhood plans, land use disposition strategies, site analysis and marketing, zoning analysis, comprehensive planning, transit station area planning, local waterfront revitalization plans, housing policy development, and long-term redevelopment strategies. ■ Economic consulting services include housing market analysis, real estate demand analysis, cost benefit analysis, real estate financial modelling (pro-formas), retail leakage studies, feasibility analysis, economic impact analysis (via IMPLAN), fiscal impact analysis, and economic development strategy. Kevin Dwarka LLC also helps cities and local businesses secure public and private financing for major redevelopment projects, operations, and infrastructure improvements. ■ Litigation support services including regulatory review,expert testimony,real property valuation, and technical analysis of land use, traffic, and environmental impact documents. The firm also regularly guides localities and developers on compliance with fair housing laws,SEQRA,and state redevelopment laws in order to protect them from legal disputes. Kevin has analyzed housing needs and crafted fair and affordable housing policies for a broad range of communities including Stewart Manor,Baldwin,Albany,Poughkeepsie,Pleasant Valley,Beekman,Fishkill, Kingston,Marlborough,Pearl River,Newburgh,Peekskill,Chappaqua,Cortlandt,Ossining,Tarrytown,and Yonkers. Throughout New York State, Kevin routinely advises and trains developers and localities on strategies for complying with local,state,and federal fair housing requirements and civil rights laws. Prior to forming his own firm, Kevin Dwarka held senior positions at the MTA, Nelson Nygaard Consulting Associates, and the Israel Union for Environmental Defense. He is admitted to practice before the New York State Bar and serves on the New York City Bar Association's Housing and Urban Development Committee. He also serves as a Senior Fellow at Pace Land Use Law Center and on the board of the New York chapter of the Congress for New Urbanism. He received his BA from Columbia University,JD from Pace Law School, MCP from UC Berkeley, and PhD from the Hebrew University of Jerusalem's School of Public Policy. 4 11 I CONTRACT AGREEMENT BETWEEN KDLLC AND TSH understanding or writing between the parties. No change, amendment, or modification of any term or condition of this Agreement shall be valid unless reduced to writing and signed by the party to be bound. AGREED AND ACCEPTED The foregoing is agreed upon by: KDLLC 4/23/2020 Kevin Dwarka,Ow Date/' TSH �,,,tftd � 3 Scott Russe , own Supervisor D,to 3