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HomeMy WebLinkAboutSpiro, Melissa SUFFp( RESOLUTION 2023-175 ADOPTED DOC ID: 18881 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-175.WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 31,2023: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Melissa Spiro for consulting services for the Southold Town Land Preservation Department, all in accordance with the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Doroski,Mealy, Doherty, Evans,Russell Professional Services Agreement: Land Preservation Consultant AGREEMENT made this R day of February; 2023 between the Town of Southold, a municipal corporation with'a principal place of business located at 53095 Main Road, Southold, New York (hereinafter "Town"), and Melissa Spiro (hereinafter"Consultant"),with principal offices at 1010 August Lane, Greenport, New York. That in consideration of the covenants and agreements herein contained,to be performed by the parties hereto; and of the payments hereinafter agreed.to be made, it is mutually agreed as follows: WITNESSETH 1. CONSULTING PERIOD: .February 8, 2023—J,uly 31, 2023 Not to exceed 17% hours per week. 2. CONSULTING SERVICES: I. While the Land Preservation Coordinator position is vacant,the Consultant agrees to perform the following services: a. ' remotely check e-mail at least twice a week, b. respond to any emails pertaining to preservation applications, c. forward all e-mails-pertaining to non-preservation applications as applicable, d: review and process'.all pending land preservation applications, which shall include but not be limited to: prepare information for the Land Preservation Committee;.attend Land Preservation Committee meetings to present projects to Committee; attend Town Board meeting to present projects and/or prepare detailed information for Committee Member/Liaison to present to Town Board; prepare all necessary documents, resolutions, etc. pertaining to the processing of the current pending applications; work with retained special counsel, Mary Wilson, regarding contracts and closings; coordinate with Planning, Engineer, Land Management, DPW,;County, as applicable. e. If'time permits, Consultant will review and process new preservation.applications, in the same manner as described above for current pending applications. If time does not permit, Consultant will make the Land Preservation Committee and Town Board aware of the new applications. f. Until such time that the Land.Preservation Committee Secretary position is.filled, Consultant will be responsible for meeting, scheduling and notifications, and will run the Zoom aspect of the meeting. Consultant recommends that said Committee meet once monthly during this time-period. g. If the Land Preservation Department Senior Administrative Assistant position is filled, during the duration of this Agreement, Consultant shall train and assist the employee in Page 1 of 3 all matters related to the Land Preservation Department with the expectation that this employee will then assist with certain aspects of the application process. II. When the Land Preservation Coordinator position is filled: a. Consultant will train and assist the Coordinator with all matters related to the Land Preservation Department and Land Preservation Program either- in person or remotely; b. Consultant will remain available to assist the Coordinator, on an as needed basis, at the request of the Coordinator during the duration of this Agreement. 3. During the pendency of this Agreement,the Town will provide Consultant with access to the existing Land Preservation Coordinator office, laptop and work station. Once the Coordinator position is filled, the Consultant will be provided with a temporary laptop and access to the office. Access to the work station and laptop shall include all existing computer.programs including e-mail, Laser fiche, Shared drive, ArcMap, etc. 4. The Consultant shall be compensated the rate of$120.00 per hour. Requests for payment for services provided under this Agreement shall as be directed by the Town, ata minimum frequency-of monthly, no later than fourteen (14) days.from the close of each calendar month. All such requests shall include dates and hours worked and any other material requested by the Town. 5. This Agreement shall be deemed personal and non-assignable by either party. In the performance of all services under this Agreement, Consultant shall operate as an Independent Contractor and not an employee of the Town. Consultant shall have•no_power or authority to act for, represent or bind-the Town in any manner and shall not.be entitled,to any-benefits provided to7own employees, including but not limited to, vacation pay, sick leave, retirement benefits, life insurance, holiday pay or any other benefit afforded employees of the Town. In this•regard,the Town will not withhold any federal or state income taxes or FICA from the Consultant's compensation. 6. The Consultant shall comply with all Federal, State, County and Town,statutes,.laws, ordinances; codes, rules and/or regulations which pertain to Consultant's work.under this Agreement. 7. Any waiver,.by the Town of any term, condition;covenant and/or provision of this Agreement shall not. be deemed as a waiver at any time thereafter of the same or any other term, condition, covenant and/or provision of this Agreement. The failure of the Town to assert any right.or privilege shall not be -deemed a waiver or relinquishment thereof. 8. This Agreement shall be construed pursuant to the laws of the.State of New York. 9. The.forego,ing Agreement embodies the entire Agreement between the parties with respect to the subject matter described herein. It shall not be changed or modified, except in writing, and executed by both parties. Page 2 of 3 4 4 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be signed by their respective authorized representatives as of the day and year first set forth above. Town of Southold Melissa Spiro r By: Scott A. Russell, Supervisor Page 3 of 3 OHO COG I 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: Denis Noncarrow, Town Clerk From: Missy Mirabelli Secretary to the Town Attorney Date: February 8, 2023 Subject: Melissa Spiro- Consultant Agreement 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. /mm Enclosures cc: Accounting Melissa Spiro- Land Preservation