HomeMy WebLinkAboutFI Bay Patrolman Services RESOLUTION 2023-674
fa ADOPTED DOC ID: 19376
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-674 WAS
ADOPTED AT THE ANNUAL FISHERS ISLAND MEETING OF THE SOUTHOLD
TOWN BOARD ON AUGUST 2,2023:
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 to perform Bay Patrolman services in and around the waters of Fishers Island for the
period of January 1, 2023 through December 31, 2023 at a rate of$4,500.00 per annum, and
Nicolas James Hall to perform Bay Patrolman services in and around the waters of Fishers
Island for the period of January 1, 2023 through August 31, 2023 at a rate of$1,500.00 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: Jill Doherty, Councilwoman
SECONDER:Sarah E.Nappa, Councilwoman
AYES: Nappa, Doroski,Mealy, Doherty, Evans, Russell
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Fisher's Island Bay Patrolman
Independent Contractor Agreement
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THIS AGREEMENT, made this -1" day ofAt•ly,2023 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. Farrar,(hereinafter"CONTRACTOR") residing at
173 Hinkley Road,Milton, MA 02186.
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 Fishers Island; at no time shall these duties include
professional law enforcement;and
NOW THEREFORE 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 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 contactor 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, 2023 through December 31,2023.
3. Contractor agrees to comply with all stated standards of performance, polices rules and
regulations of Bay Patrolman, as specified by the Fishers Island Harbor Committee and the
Town Board of the Town of Southold.
4.The flat fee of$4,500.00 shall be paid per annurn.
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
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before reimbursement will be made by the Town. 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 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 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 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, 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
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] performs for the Town with minimum limits of one
million dollars. The Town of Southold shall be named as certificate holder and additional
insured.
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 Agreement
or from Contractor's acts or omissions outside the scope of the Agreement or arising out of claims
or actions by third parties against Contractor by virtue of [his 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.
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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 ofthe 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 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 communication is to be given as
follows:
If to the Contractor:
Jonathan K. Farrar
173 Hinkley Road
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 manner provided above.
I7. 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
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 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
effect.
21. For the purpose of this Agreement, a facsimile of 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 Independent of ra or
By: Gb By:
Scott A. Russell, Supervisor J n han K. Farrar
RESOLUTION 2023-674
ADOPTED � IOC ID: 19376
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-674 WAS
ADOPTED AT THE ANNUAL FISHERS ISLAND MEETING OF THE SOUTHOLD
TOWN BOARD ON AUGUST 2,2023:
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 to perform Bay Patrolman services in and around the waters of Fishers Island for the
period of January 1, 2023 through December 31, 2023 at a rate of$4,500.00 per annum, and
Nicolas James Hall to perform Bay Patrolman services in and around the waters of Fishers
Island for the period of January 1, 2023 through August 31, 2023 at a rate of$1,500.00 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: Jill Doherty, Councilwoman
SECONDER:Sarah E.Nappa, Councilwoman
AYES: Nappa, Doroski,Mealy, Doherty, Evans, Russell
Fisher's Island Bay Patrolman
Independent Contractor Agreement
THIS AGREEMENT, made this-rday ofd 9,2023 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 Nicolas James Hall,(hereinafter"CONTRACTOR") residing at
225 Crescent Ave 9373, 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 Fishers Island; at no time shall these duties include
professional law enforcement; and
NOW THEREFORE 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 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, 2023 through December 31,2023.
3. Contractor agrees to comply with all stated standards of performance, polices rules and
regulations of Bay Patrolman, as specified by the Fishers Island Harbor Committee and the
Town Board of the Town of Southold.
4.The flat fee of$1,500.00 shall be paid per annum.
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
$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 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 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 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, 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
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] performs for the Town with minimum limits of one
million dollars. The Town of Southold shall be named as certificate holder and additional
insured.
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 Agreement
or from Contractor's acts or omissions outside the scope of the Agreement or arising out of claims
or actions by third patties against Contractor by virtue of [his or her] performance of this
Agreement.
11. A11 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 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 communication is to be given as
follows:
If to the Contractor:
Nicolas Jaynes. Hall
225 Crescent Ave,#373
Fishers Island,NY 06390
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 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
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 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.
20. If any provision of this Agreement, or any portion thereof, is held to be invalid and
unenforceable, then the remainder of this Agreement shah nevertheless remain in full force and
effect.
21. For the purpose of this Agreement, a facsimile of 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 Independent Contractor
By: _ _�Fg�c,�.�l�� By: — ——
Scott A. Russell, Supervisor Nicolas fames Hall
o�aSUFFotK�oG�t
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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: August 8, 2023
Subject: Agreement between Town of Southold and Fishers Island
Bay Patrolman Agreements- Farrar & Hall
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
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