HomeMy WebLinkAboutFishers Island Bay Patrol RECEIVE®
Mc J U L - 8 2021
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: Melissa Mirabelli
Secretary to the Town Attorney
Date: July 7, 2021
Subject: Agreements between Town of Southold and Fishers Island
Bay Patrol (Jonathan Farrar and Ian Cary)
With respect to the above-referenced matter, I am enclosing the original
Agreements.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT,made this day of Juno,2021 between the TOWN OF-SOUTHOLD,
a municipal corporation of the State of New York,having its office and principal place of
business at 53095 Main Road,Southold, Town of Southold, Suffolk County,New York 11971-
0955,and IAN I. CRARY, (hereinafter"CONTRACTOR!°)residing at 478 Pyle Rd,,Fishers
Island,NY 06390.
WHEREAS,the Town of Southold wishes to engage the services of the Contractor as a Fishers-
Island Bay Patrolman,
WHEREAS, Contractor hereby agrees to perform the duties of Bay-Patrol to the satisfaction of
the Fishers.Island Harbor Committee and the Town Board of the Town of Southold in the areas
in and,around the Town at Fishers Island;
WHEREAS,,these duties include-patrolling the waters in and around Fishers Island,making
reports as necessary,assisting law enforcement personnel in,a.,civilian capacity,assisting the
residents and visitors of Fishers Island in maintaining the peace and safety of the waters and
continuous areas in and around Fisher's Island _d
.;an
NOW TREREFORE IT-IS AGREED AS FOLLOWS:
1. Subject to the terms and-conditions of this Agreement the Town hereby engages the
Contractor as-an independent contractor to perforin the services set forth hetero,and the
Contractor hereby accepts,such engagement. This agreenient shall not render the Contractor an
employee,partner, agent of, or joint venturer with the Town for any purpose. The Contractor is
and will remain an independent contractor in[his or,her] relationship to the Town. The Town
shall not be responsible,for withholding taxes wiffixespect-to the Contractor hereunder.The
Contractor shall have no claim against the Town hereunder or otherwise�for vacation pay, sick
leave,retirement benefits,social security,worker's compensation, health or disability benefits,
unemployment insurance benefits,or employee benefits of any kind.
2. The term of this Agreement shall be-effective-January 1,2021 through December 31;2021.
3. Contractor agrees to comply with all stated standards of performance,polices tqles,,and
regulations of a Bay Patrolman,as specified by the Fishers Island Harbor Committee and.the
Town Board of the Town of Southold,
4. The flat fee of$3000,00'shall be paid per annum.
S. Contractor,shall provide his-own boat for the purpose of performing his duties as a Bay
Patrolman. The Town Neill pay reasonable costs for servicing the motor of the boat actually used,
while performing the contemplated services for the Town. Proof of-servicing must be provided
before reimbursement will be.made by the Town. In no event-shall the Town pay more than
$250.00 for repairs perannum. The Town will NOT reimburse Contractor for the costs'cif dock
space, dockage fees,registration,insurance, or any other expense not specifically addressed
herein.
6. The,Town shall reimburse the fuel-required for the operation of the boat to perform the
services contemplated by this agreement, up to fifty (50)gallons per year,upon the timely
submission of reporting showing,proof of milage-and fuel,usage for the Town's review. Any
amount in excess of fifty(50) gallons may be reimbursed at the sole discretion of the Town
Board only upon good cause shown.
7. Contractor will submit monthly vouchers showingtheddte�and times thby performed said
service and will also show the amount the Town owes to them'for that those services. The Town
shall process any voucher received from Contractor as expeditiously as possible. hi the event
that the Town,disputes or objects to any portion of any voucher submitted.by Contractor
pursuant,to this paragraph,the Town shall,within 30,days of the receipt of such-Oucher,notify
Contractor in writingof such dispute or objection Contractor.ackno dges that Contractor is
wle at
farriihar with the requirements of section 118 of the Town Law`-which,in effect,prohibit
payment of any of Contractor's claims against the Town-unless an itemized voucher therefore
,shall have been presented to,the Town Board or Town Comptroller and shall have been audited
and allowed,by the Town Board or Town Comptroller.
8. Either party to-this agreement may terminate this Agreement at any time-by 4 weeks written
notice-to,the other. In addition, ifthe Contractor,isconvicted of any crime or offense,fails or
refuses to comply with the written policies.or reasonable directive of the Town,is guilty of
serious misconduct in connection with performance hereunder; or materially breaches provisions
of this Agreement,the Town at,any tinge may terminate the engagement ofthe Con'tractor,
immediately and without prior written notice to-the Contractor.
9. The Contractor will carry liability insurance (including malpractice insurance, if-warranted.)
relative to any service-that`[he or she]perforins for the Town.
10. Contractor
ontractor agrees to indemnify, and save the Town, its officers, agents and employees
harmless from any liability imposed upon the Town, its officers,agents and/or employees arising
from the negligence, active or passive, of the Contractor and--from and against any damages,
claims, or expenses, including reasonable attorney's fees, arising out of Contractor's breach of
the Agreement or from CoiitractoK's Acts or omissions outside ft 'swpp of the Agreement or
arising out of claims or actions by third parties against Contractor by virtue of (his or,h6r]
performance of this Agreement-.
11. All o-f'the provisions of this Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, if any,,successors,and ass'
12. The laws of the state of New York shall govern the validity of this Agreement, the
construction of its terms and the interpretation of the rights and duties of the parties hereto.
13. The proper venue for any and all claims arising from this agreement, and all parties consent
to, County of Suffolk, State of New York.
-14. Waiver by one party hereto of breach of any provision of this Agreement by the other shall
not operate or be construed.as a continuing waiver-.
15. The Contractor shall not assign any of[his or her] rights under this Agreement, or delegate
the performance of any of[his or her] duties hereunder, without the prior written consent of the
TOwri..
16. Any and all notices,,'demands, or, other communications required or ,desired to be given
hereunder by any party shall be'in writing and shall be validly given or made to another party if
.personally served, or- if deposited in the United States mail, certist
fied or registered, poage
prepaid,'return receipt requested., If such notice or.demand is served personally, notice shall be
deemed constructively made at the time of such personal service. If such notice, demand or
other communication is given by mail, such notice shall be conclusively deemed-given five days
after deposit thereof in the United States mail addressed to the -party to whom, such notice,
demand or other corn mutiication is to be given as follows:
If to the Contractor:
Ian J. Crary
PO Box.297
478 Pyle-Rd.
Fishers Island,NY 06390
If to the Town:
Town of Southold.
c/o Elizabeth A.Neville,Town Clerk'
P.O.Box 1179
Southold,New York 1.19-71-0959
Any party hereto may change its address for purposes of this paragraph by written,notice given
in the manner provided above.
17. No ameindment; change or modification of this Agreement shall be valid unless in writing
signed by the parties hereto.
18, This document and any exhibit attached constitute the entire understanding and agreement of
the parties, and any and all prior agreements, understandings, and representations are,hereby
terminated and canceled in their entirety and are of no further force and effect.At no time shall
the document be held negatively towards the drafter:
19. The Contractor acknowledges having received, read, and "understood this Agreem6a, and
attachments thereto. Contractor further acknowledges that Town has accorded Contractor ample
time and opportunity to consult with independent legal counsel and other advisors of its, own
choosing concerning the potential benefits and risks of entering into this Agreement.
20. If any provision of this Agreement, or any portion thereof, is held to be invalid and
unenforceable, then the remainder of this Agreement shall nevertheless remain,-in full force and
effect.
21. For the purpose of this Agreement, a facsimile of a signature shall be deemed an original.
IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the day and year
first written above. The parties hereto, agree that facsimile signatures shall be.as.effective as if
originals.
Town of Southold , Contractor
By: � BY,
Scott A. Russell, Supervisor Ian I. Crary
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INDEPE CONT CTO AGREEMENT
19.J3 MENT
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THIS AGREEMENT, made this day ofifune, 2021 between the TOWN OF SOUTHOLD,
a municipal corporation of the State of New,York,having its office and principal place of
business at 53095 Main Road,Southold, Town of Southold, Suffolk County,New York 11971-
0959,and JONATHAN K.FARRAP_ (hereinafter"CONTRACTOR'') residing at 173 Hinkley
Rd.,Milton, MA 02186. I
WHEREAS,the Town.of Southold wishes tol engage the services of the Contractor as a Fishers
Island Bay Patrolman; • j
i
WHEREAS, Contractor hereby agrees to perform the duties of Bay Patrol to the satisfaction of
the Fishers Island Harbor Committee and the'Town Board of the Town of Southold in the areas
in and around the Town.at Fishers Island;
WHEREAS,these duties-include patrolling e waters in and around Fishers Island,making
reports as necessary,assisting law enforcement personnel in a civilian capacity,assisting the
residents and visitors.of Fishers-Island in maintaining the peace and safety of the waters-anal
continuous areas in and around Fishers,Island; and
NOW THEREFORE IT IS AGREED AS FOLLOWS.
1. Subject to the terms and conditions of this jAgreement the Town hereby engages the
Contractor-as an independent contractor to perforin the services set forth herein,.and the
Contractor hereby accepts such engagement. This agreement shall-not render the Contractor an
emptoyee,partner, agent of,or joint venturer;with the Town-for-any purpose. The Contractor is
and will remain;an independent contractor [his or her]relationship to the Town.. The Town
shall not be responsible for withholding taxes with respect to the Contractor hereunder. The
Contractonshall have no claim against the Tpwn hereunder or othery ise for vacation pay, sick
leave,retirement benefits, social security,worker's compensation,health or disability benefits,
unemployment insurance benefits, or employee benefits of any kind.
2. The term of this Agreement shall be effective January 1, 2021 through December 31, 2021.
3. Contractor agrees to comply with all,stated-standards of performance,polices rules and
regulations of a Bay Patrolman, as specified by the Fishers Island Harbor Committee and the
Town Board of the Town of Southold.
I
4. The flat fee of$3000.00 shall be paid per-annum.
5. Contractor shall provide his own boat for the purpose of performing his duties as a Bay-
Patrolman.
ayPatrolman. The'rowti will pay reasonable costs for servicing the motor of the boat-actually used
while performing the contemplated services.for the Town. Proof of servicing must be provided
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before reimbursement will be made by the Toiwn. In no event shall the Town pay more than
$250.00,for repairs per annum. The Town will NOT reimburse Contractor for the costs of dock
space, dockage fees,registration,insurance,or any other expense not specifically addressed
herein.
6. The Town shall reimburse the fuel required for the operation of the boat to perform the
services contemplated by this agreement, up to fifty (50)gallons per year, upon the timely
submission of reporting showing proof of mil'age and fuel usage for the Town's review. Any
amount in excess of fifty(56) gallons may be�reimbursed at the sole discretion of the Town.
Board only upon good cause shown.
7, Contractor will submit monthly vouchers,showing the date and times they performed said
service and will also show the amount the Town owes to them for that those services. The Town
shall process any voucher received from Contractor as expeditiously as possible. In the event
that the Town disputes or objects to any portion of any voucher submitted by Contractor
pursuant to this paragraph,the Town shall, within 30 days of the receipt of such voucher,notify
Contractor-in writing of such,dispute or objection. Contractor-acknowledges that Contractor is
familiar with the requirements of section-118!of the Town Law which, in effect,prohibit
payment of any of Contractor's claims against the Town unless an itemized voucher therefore
shall have been presented to.the Town Board for Town Comptroller and shall have been audited
and allowed by the Town Board or Town Comptroller.
8. Either party to this agreement may terminate this Agreement at any tune by 4 weeks written
notice to the other. In addition, if the Contractor is convicted of any crime or offense, fails or
refuses to comply with the~written policies ozllreasonable directive of the Town, is guilty of
serious misconduct in connection with performance hereunder, or materially breaches provisions
of this Agreement,the Town at any time may,terminate the engagement of the Contractor
immediately and without prior written notice;to the Contractor.
S
9. The Contractor will carry liability insurance(including malpractice insurance,if warranted)
relative to any service that[he-or she]performs for the Town.
10. Contractor agrees to indemnify and , ve the Town, its officers, agents and employees
Harmless from any liability imposed upon the Town, its officers, agents and/or employees arising
from the negligence; active or passive, of the Contractor and from and against any damages,
claims, or expenses, including reasonable atitorney's fees, arising out-of Contractor's breach of
the Agreement or from Contractor's acts of,on-fissions outside the scope of the Agreement-or
arising out of claims or actions by third ,p''arties against Contractor by virtue of rhis or her]
performance of this Agreement:
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11. All of the provisions-of this Agreement shall be'binding upon and inure,to the benefit of the
parties hereto and their respective heirs, if any, successors,and assigns.
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12. The laws of the state of New York jshall govern -the validity of this Agreement, the
construction of its terms and the interpretation of the rights and duties of the parties hereto.
13. The proper venue for any and all claims arising from this agreement, and all parties consent
to, County of Suffolk, State of New York. . ;
14. Waiver by one party hereto of breach of any provision of this Agreement by the other shall
not operate or be construed as a continuing waiver.
1
15. The Contractor shall not assign any of[his or her] rights under this Agreement, or delegate
the performance of any of[his or her] duties hereunder-, without the prior written consent of the
Town.
16. Any and all notices, demands, or-other communications required or desired to be given
hereunder by-any party shall be in writing and shall be validly given or made to another party if
personally served, or if deposited in the Ututed States snail, certified or registered, postage
prepaid,,return receipt requested. If�such notice or demand is served personally; notice shall be
deemed constructively made at the time of such personal service. If such notice, demand or
other communication is given by mail, such potice shall be conclusively deemed given five days
after deposit thereof in the United States snail addressed to the party to whom such notice,
demand or other communication is to-be given as follows:
If to the-Contractor:
Jonathan-K. Farrar
173 Hinkley Rd,
Milton,MA 02186 E
If to the Town:
Town of Southold
cla Elizabeth A.Neville,Town Clerk
P.Q. Box 1179 '
Southold New York 1197{1-0959
Any party hereto may change its address for�urposes of this paragraph by written notice given
in the manner provided above.
17. No amendment, change or modification of this-Agreement shall be valid unless in writing
signed by the parties hereto.
18. This document and any exhibit attached constitute the-entire understanding and agreement of
the parties, and any and all prior agreements, understandings, and representations are hereby
ten-nitrated and canceled in their entirety and are of no further force and effect. At no time shall
the document be held negatively towards theldraiter.
19. The Contractor acknowledges having >eceived, read, and understood this Agreement, and
attachments thereto. Contractor farther acknowledges that Town has accorded Contractor ample
time and opportunity to consult with independent legal counsel and other advisors of its own
choosing concerning the potential benefits and risks of entering into this Agreement.
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20. If any provision of this Agreement,,or any portion thereof, is held to be invalid and
unenforceable, then the remainder of this A reemeni shall nevertheless remain in full farce and
effect.
21. For the purpose of this Agreement,a facsimile of a signature shall be deemed an original.
E
IN WITNESS WHEREOF the undersigned have executed this Agreement as of day and year
first written above. The parties hereto agreq that facsimile signatures shall be as effective as if
originals.
Town.of Southold Contractor
By: JOW By:
Scott A., ussell, Supervis r Jonallh K.Farrar
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