HomeMy WebLinkAboutVillage of Greenport Pump-Out Station RESOLUTION 2023-422
ADOPTED DOC ID: 19119
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-422 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 9;2023:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an inter-municipal agreement with the Village of
Greenport regarding the offloading of effluent wastes from the Town's Pump-Out Boat at the
Village of Greenport's Pump-Out Station at a cost of 0.55 cents per gallon, as well as the supply
of Town Pump-Out Boat Services to the Village of Greenport during special events and times of
emergency need when requested, for the period of May 20, 2023 through October 31, 2023, all in
accordance with the approval of the Town Attorney and funded from budget line
A.8090.4.400.840.
Denis Nonearrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Brian O. Mealy, Councilman
SECONDER:Jill Doherty, Councilwoman
AYES: Nappa, Doroski,Mealy, Doherty, Evans, Russell
Glenn Goldsmith,President SOFFQ(,�-
0 CSG Town Hall Annex
A.Nicholas Krupski,Vice President 54375 Route 25
Eric Sepenoski y i P.O.Box 1179
Liz Gillooly Southold,NY 11971
Elizabeth Peeples �yh plTelephone(631)765-1892
Fax(631)765-6641
BOARD OF TOWN TRUSTEES R1FCZjV fF®
TOWN OF SOUTHOLD
44 11G 2 3 2023
TO: Denis Noncarrow, Town Clerk Southolq Tewn Clerk
FROM: Elizabeth Cantrell
Senior Office Assistant to the Board of Trustees
DATE: August 22, 2023
RE: Agreement between The Town of Southold and The Village of Greenport
Regarding Use of Village Marina Pump-Out Station
With respect to the above referenced matter, I am enclosing the original Agreement
along with a copy of the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to contact me.
Thank you.
Enclosures
cc: Town Attorney's Office
IMA Town of Southold and Village of Greenport
Town Pump Out Boats on Village Waterways
Intermunicipal Agreement
This Agreement("Agreement") is between the Town of Southold ("Town"), a municipal
corporation of the State of New York,having an office at 53095 Route 25, Southold,New York
11971 and the Village of Greenport, a municipal corporation of the State of New York having
an office at 236 Third Street, Greenport,New York 11944.
Term of Agreement: Shall be from May 20, 2023 through October 31, 2023
Total Cost of Agreement: As provided in this Agreement
Whereas,the Town presently employs individuals to operate pump out boats in the various
Southold Town Waterways; and
Whereas,the Village would like to utilize those Town Pump Out Boat Services in Village
Waterways during special events,when their Village Pump Out Boat is inoperable or as other
emergency need arises; and
Whereas,the Town needs to have locations available to it for the offload of effluent waste
from the Town Pump Out Boat;
Now, Therefore, in consideration of the mutual provisions and covenants hereafter set forth,
the parties hereto agree as follows:
1. The Town will provide Pump Out Boat Services in Village Waterways when requested
by the Village on an emergency basis and during special events in the Village from 10:00 a.m. until
4:00 p.m., upon advanced seven(7)days written notice beginning May 20, 2023 through October 31,
2023, conditioned upon the availability of the Town's Pump Out Boat's regular duties, and as may
otherwise be agreed by the Town and the Village.
2. The pump out boat and staff thereon provided by the Town under this Agreement shall
have all appropriate certifications as required and appropriate for employment as a pump out boat
operator during all times that they are providing services under this Agreement.
3. The individuals that are provided to the Village by the Town to work at the Village
waterways shall at all times be and remain employees of the Town, and covered by all required and
respective Town insurance and benefit plans, and have all salary and other compensation and other
payments that may accrue or be due to them paid to them by the Town. The individuals shall at all
times remain and considered to be employees of the Town.
4. In consideration of this agreement the Village shall waive any and all pump out boat
offload fees for the Town at their Village pump station at Mitchell Marina during a period of special
event service and/or emergency service. All other times the Town shall be permitted to offload, and
the Village shall accept, effluent waste from the Town Trustees' Pump Out Boat at the Village Pump
Out Station at a rate of fifty-five cents ($0.55) per gallon. The Mitchell Marina Dock Master or his/
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IMA Town of Southold and Village of Greenport
Town Pump Out Boats on Village Waterways
her designee and the Town Pump Out Boat Operator shall jointly agree on the amount of waste off
loaded and shall note their records accordingly.
5. Indemnification: The Village agrees to hold harmless and indemnify the Town and its
employees for any final judgment of a court of competent jurisdiction to the extent attributable to the
negligence of the Village or its officers or employees while acting within their scope or capacity of
this agreement. The Town agrees to hold harmless and indemnify the Village and its employees for
any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of
the Town or its officers or employees while acting within their scope or capacity of this agreement.
6. The Village of Greenport agrees to carry appropriate insurance coverage from claims of
bodily injury, death or property damage that may arise from the performance of services under this
agreement in limits of$1,000,000 and$1,000,000 aggregate liability for bodily injury and property
damage. The Town shall be named as additional insured and a certificate of insurance shall be
provided to the Office of the Town Clerk within 48 hours of execution of this Agreement.
7. It is expressly agreed that if any term or provision of this Agreement, or the application
thereof to any person or circumstance, shall be held invalid or unenforceable to any extent,the
remainder of this Agreement, or the application of such term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and
every other term and provision of this Agreement shall be valid and shall be enforced to the fullest
extent permitted by law.
8. It is expressly agreed that this Agreement represents the entire agreement of the parties,
that all previous understandings are-merged in this Agreement. No modification of this Agreement
shall be valid unless written in the form of an Amendment and executed by both parties.
In Witness Whereof,the parties hereto have executed this Agreement as of the latest date
written below.
Town of Southo d Villa a of qLmnvort
By: By
Hon. Scott A. Russell on, a ssi
Supervisor Mayor
Date: �) �� �o Date: 5 15 —23
2
IMA Town of Southold and Village of Greenport
Town Frump Out Boats on Village Waterways
STATE OF NEW YORK, COUNTY OF SUFFOLK ss.:
On the 1day of May, in the year 2023,before me, the undersigned,personally appeared
Kevin Stuessi, Mayor of the Village of Greenport, 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/she the executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument,the individual(s) or the person upon behalf of which the
individual(s) acted, executed the instrument.
n e and office of person taking the
c owledgement
JEANMARIE ODDON
Notary Public,State of New York
No.01QD6251.238
Qualified In Suffolk County
Commission Expires November 14,20 ZS
STATE OF NEW YORK, COUNTY OF SUFFOLK ss.:
On the 11 41 day of May, in the year 2023,before me,the undersigned,personally appeared
Scott A. Russell, Supervisor of the Town of Southold, 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/she the executed the same in his/her/their capacity(ies),
and that by his/her/their signature(s) on the instrument,the individual(s) or the person upon behalf of
which the individual(s) acted, executed the instrument.
Signature and office of person taking the
Acknowledgement
LAUREN M.STANDISH
NOTARY PUBLIC,STATE OF NEW YORK
R=No.01ST6164008
Qwlifl�d in Suffolk County r�n
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