HomeMy WebLinkAboutFarrar, Jonathan K - FI Bay Patrolman
RESOLUTION 2022-512
ADOPTED DOC ID: 18179
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-512 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 7, 2022:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute independent contractor agreements with Jonathan K.
Farrar and John C. Freer to perform Bay Patrolman services in and around the waters of Fishers
Island for the period of January 1, 2022 through December 31, 2022 at a rate of $3,000.00 per
annum, subject to the approval of the Town Attorney, funded from budget line A3130.4.500.400.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Louisa P. Evans, Justice
SECONDER: Brian O. Mealy, Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT, made this IS:%y of June, 2022 between the TOWN OF SOUTHOLD,
a municipal corporation of the State of New York,having its office and principal place of
bus.iness at 53095 Main Road, Southold, Town of Southold, Suffolk County,New York 11971-
0959, and JONATHAN K. FARRAR, (hereinafler"CONTRACTOR")residing at 173 Hinkley
Rd., Milton, MA 02186.
WHERE-AS, 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 Towri 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 Fishers Island; and
NOW THEREFORE IT IS AGREED AS FOLLOWS:
1. Subject to the teens and conditions of this Agreement the Town hereby engages the
Contractor as an independent contractor to perforin the ser vices sot forth herein, and the
Contractor hereby accepts such engagement. This agreement 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 with respect 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 1,2022 through December 31; 2022.
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.
4. The flat fee of$3000.00 shall be paid per_-innutn.
5. Contractor shall provide his own boat for the purpose of performing his duties as a Bay
Patrolman. The Town 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
before reimbursement will be made by the Town. In no event shall the Town pay more than
5250.00 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 reiribUrse 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 m.ilage 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 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 or Town Comptroller and shall leave been audited
and allowed by the Town.Board or Town Comptroller.
S. Either party to this agreement may tenninate 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 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 time may terminate the.engagement of the Contractor
inunediately 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[lie or she] performs for the Town.
10. Contractor 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
Agreemdrit or from Contractor's acts or omissions.outside the scope of the.Agreeii�enf,or arising
out of claims or actions by third parties against Contractor by virtue of[leis,or her]performance of
this Agreement.
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.
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
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 United States mail,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
comrnunication is given by mail, such notice shall be conclusively deemed given five days after
deposit thereof in tlie.United States mail 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
If to the Town:
Town of Southold
c/o Denis Noncarrow,Town Clerk
P.O. Box 1179
Southold,New York 11971-0959
Any party hereto may change its address for purposes of this paragraph by written notice given
in the inaruler provided above.
1-. 'No amendment, change or modification of this Agn'eement 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 dOCLUT16nt be held negatively towards the drafter.
19. The Contractor acknowledges having received, read, and understood this Agreement, 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.
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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 Agreement shall nevertheless remain in full force and
efrect.
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. ussell, Supervisor Jonatl ar K. Farrar
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK)
On this/6 day of June in the year 2022 before me, the undersigned, JONATHAN K,
FARRAR, personally know,,tome 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 thi
he executed the same in his capacity and that by his signature on the instrument,the individual 01-~ ~
the person upon whose behalf of which the individual acted, executed the instrument. =
%No .ry P U b I i c 9),�R 0
STATE OF NEW YORK)
I} (oLZ7.563
COUNTY OF SUFFOLK)
On this 15 day of June in the year 2022 before me, the undersigned, personally appeared
SCOTT A. RUSSELL, 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 executed the same in his capacity and that by-his signature on the
instrument, the individual or the person upon whose behalf of which the individual acted,
executed the instrument.
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®1 Southold Town Clerk
Office of the TownAttorney
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: Denis Noncarrow, Town Clerk
From: Melissa Mirabelli
Secretary to the Town Attorney
Date: September 15, 2022
Subject: Agreements between Town of Southold and Fishers Island
Bay Patrol (Jonathan Farrar)
With respect to the above-referenced matter, I am enclosing the original Agreement.
If you have any questions regarding the enclosed, please do not hesitate to call me.
Thank you.
/ms
Enclosures