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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 f l ' c 1 Fisher's Island Bay Patrolman Independent Contractor Agreement � ^-� Auquse 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 s ' i + l 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. l , 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. l 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 N � 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 FIFD PD