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HomeMy WebLinkAboutSuffolk County Parks & Rec~S, F~T ~ A~{D COI~$ERVATIOR ROBERT J. GAFFNEY SUFFOLK COUNTY BXECUT[VE PETER A. SCULLY CO~i~ffS S IONEK April 11, 2000 Jean Cochran Supervisor, Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Sonthold, New- York 11971 Dear Supervisor Cochran: Enclosed for your files is a fully executed Stewardship Agreement between the Town of South01d and the County of Suffolk for programs and projects to preserve and improve the natural resources at Inlet Pond County Park. If you have any questions, feel free to call me at 854-4985. Sincerely, Assistant Deputy Commissioner JAG/meh Enclosure CC: Peter A. Scully, Comnfissioner Stephen Raptoutis, Deputy Commissioner Beverly Prentice, Park Steward (Copy) MONTAUK HIGHWAY - P.O. BOX 144 WEST SAYVILLE. NEWYORK 11796~1144 2 ,, ,-, r~F (631} 8544949 FAX: (631) 8504977 Law NO. 06-PK- OOS 'Stewardship Agreement/Town of Southold Re~. 2/18/00 Stewardship Agreement This Agreement,(Agreement) is between the County of Suffolk (County/Licensor), a municipal corporation of the State of New York. having its principal office at the Count~, Center, Riverhead, New York 11901, acting through its duly constituted Department of Parks, Recreation, an0 Conservation (Department) located at Montauk Highway, West Sayville, New York 11796, and t~e Town of Southold (Ste~/ard), having its principal officeat Town Hall, 53095 Main Road, P O, Boxy11791Southo d NY 11971. '['he pa~ties,hereto des~m to, make available to the Country/Licensor the services of the Steward ~) ~c~ as~ P'~rk @tePid for Inlet Pond Counf~y i~ark. Term of Agreemeflt~ January 1, 2000 through December 3'L, 2001 with five (1) one (1) y~e~r options to extend the Agreement,from January 1~ 2002 to December 31, 2006, as app cabt,b and et the so e d scret on of the Coh~missior~er. Total Cost of Agreement: No Cost to County. Terms and Conditions: Shall be as set forth in Exhibits A through D attached. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town of Southold J ean~0~/. Cochran Supervisor - Date: ~_//~../~ Eric A. Kopp Chief Deputy ~o~Lnty Executive Date: q/q/~ Approved As To Form; Not Reviewedas To Execution Robert J. Cimino,Suffolk County Attorney Assistant County Attorney Approved: Suffolk County Department Of~ Parks, Recreati~'-O~n~.~ by: Michael R. Frank // C-omm[~sioner '~/,,~,' Page 1 of 11 Law No. 06-PK- ~Stewardship Agreement/Town of Southold Rev. 2/'18100 Table of Contents Exhibit A ,Genemt Terms and Conditions I. Description and Term of License 2. Precedence 3. County/Licensor Property 4. Licensed Activity 5. Termination of Agreement 6. Notices 7. I;osurance 8. Iridem nifica,tion 9. LiCeffse/No;~ A Lease 10. No~ a Co-Partnership 11. Counf. y Personnel 1'2. Intoxicated Persons 13: i~.~cJ ent Contractor I4, ~g and Recordkeeping 15. Fud~ising 1'6. O~ip of mprovements 1,7. ~l!~{j',a? ~0nd u ct 19. G~,~e~s 20. S~l~ility 22. ~:~?ement 23. No:~, ~Changes 24. Exhibit B Descri ption of Responsibilities an(: Associated Policies and Protocols 3 3 4 4 4 4 5 5 5 5 5 5 6 6 6 6 6 6 7 7 7 7 7 7 8 9 Exhibit C Section 28-4(D) of the Suffolk County Charter Exhibit D Resolution No. 608-1998 Page 2 of 11 Law No. 06-PK- Stewardship Agreement/Town of Southold Rev. 2/18/00 Exhibit A General Terms and Conditions Whereas. the County/Licensor, acting by and through the Commissioner of the Department of Parks, RecreatiOn and Conservation, hereinafter referred to as the "Commissioner" owns= operates and maintains a County park system within the County of Suffolk and in connection with such owr~ership,, operation .and maintenance, ~uPer~vises and manages tile faci, itie$ a~ ~cess~ry, desirable and con~/~nien~ for the Use e~ the-pub ic for hea. thful'rect~eatlon; a~nd Whereas, the Steward has the legal status of a municipal entity; and Whereas, the pa,dies hereto hawng mutual interests and purposes in appropriate p~ogramsland projects intended to preserve and improve the natural resources of the County; and Whereas. the Steward desires to act as a Park Steward and the County/Licensor desirers to enter into an agreement with the Steward for the operation of said activities; Now, Therefore in consideration of the premises and the mutual covenants and conditions herein contained, it is agreed by the parties hereto, as follows: 1. Description and Term of License The County/Licensor hereby grants to the Steward and the Steward hereby accepts from the County/Licensor a License to act as a Park Steward, for the term of this Agreement. subject to the terms and conditions contained herein. The Steward will work with the County to develop appropriate programs and projects intended to preserve and improve the natural resources of Suffolk County. '[he License shall commence January 1,2000 through December 31, 2001, with five (5) one- (1) year options to extend the Agreement from January 1, 2002 to December 31. 2006. Options shall be exercised at the sole discretion of the Commissioner. unless sooner terminated as described in Paragraph 18, entitled "Termination of Agreement." The duties of the Steward are more particularly described in this Exhibit A and Exhibit B. The Steward acknowledges and agrees that that public access of County parkland will not be restricted, Any activity by the Steward that is not described in this Agreement must be approved in writing by the Commissioner. Page 3 of 11 Law NO, 0S-PK- ':Stewardship Agreement/¥own of Southold Rev. 2/18/00 = The Steward acknowledges and agrees that this Agreement is for the express purpose of assisting the Department in cl'eaning and maintaining hiking trails; developing a monitoring system to reduce vandalism; assisting in the development of an Interpretive Center; developing educational programs for students and community groups and performing inventories as approved by the Department. The Steward,spec f ca y represents and warrants that ts emp oyees agents an~t s,ubcor~tractors have a~d,shall possess the requi[ed e~ucatJo~ kr~,cLW..ledge, eXperienc~,and'charactbr~ necessary to qualify ther~ [;nd :¢ d'ual'~ for the Particular duties they, pE'rfOrm. Precedence The provisions of this Exhibit A shall prevail over inconsistent provisions of any other Exhibit. and over any other document not specifically referred to in this Agreement or made part hereof by this Exhibit A or by subsequent amendment hereto in writing and signed by both parties, except to the extent that provisions of Exhibit B and/or Exhibit C are specifically referred to and amended or superseded by this Exhibit A or any such amendment. County/Licensor Property it is expressly understood and agreed that the facilities covered under this Agreement are and shall be the sole property of the County/Licensor at all times during the penod of this Agreement. Licensed Activity The License granted in this Agreement is for the express purpose of stewardship activities. Any service or activity not described herein must be approved in writing by the Commissioner prior to commencement of any such service or activity. Termination of Agreement This Agreement m~y be cancelled and terminated by either party, without penalty, upon giwng a written descri ption of the reason for such cancellation or termination and upon providing written notice of intent to terminate to the other party at least thirty (30) days prior to the date of termination. Page 4 of 11 LaW No~ 06-PK- Stewardship Agreement/Town of Southold Rev. 2/18/00 6. Notices All notices and orders given to the Licensee may be served by mailing the same to the Steward. certified mai, return receipt requested, at the address set forth on page one of this Agreement or by delivering a copy thereof to the Licensee personally to a person then in charge, or byPosting the same ~n a~ conspicuous place upon the outside of any building or other structure occupiedby the Steward under this Agreement. 7. Insurance The Commissioner. at his discretion, may impose insurance requirements on the Steward. 8. Indemnification The Steward shall defend, indemnify and hold harmless the County/Licensor, its consultant (if any). employees, agents and other persons from and against all claims, costs, judgements, liens, encumbrances and expenses, including attorneys' fees, arising out of the acts. omissions or negligence of Licensee. its agents, employees, subconsultants, contractors or subcontractors in connection with the services described or referred to in this Agreement. 9. License/Not A Lease It is expressly understood and agreed that no interest in real or personal property is leased or granted to the Licensee; that it is a License and not a lease; that the Licensee's right to occupy the premises and to operate the License hereby granted shall continue only so long as the Licensee shall comply strictly and promptly with each and all the undertakings, provisions, covenants. agreements, stipulations, and conditions contained herein: and that this License is not coupled with any interest in real property. 10. Not a Co-Partnership Nothing herein contained shall create or be construed as creating a co- partnership between the County/Licensor and the Steward or to constitute the Licensee or the Licensee's employees as agents or employees of the County. 11. County Personnel The parties expressly agree that the performance of this Agreement shall not result in the displacement or layoff of any currently employed County personnel. Page 5 of 11 Law No. 0$~PK- Stewardship Agreement/Town of Southold Rev. 2/18/00 12. Intoxicated Persons The Steward shall not permit any jntoxi~:ated person to remain within or upon said licensed premises during any of their scheduled activities or even,ts. 13. Independent Contractor It is expressly agreed that the Licensee's status hereunder is that of an independent contractor. Neither the Licensee nor any person hired by the Licensee shall, be' considered employees of the County/Licensor for a~y purpose. 14. Accounting and Recordkeeping The Steward agrees, if requested by the Commissioner, to keep the books of account and records of ali operations under this Agreement and to establish a system of bookkeeping and accounts which are in accordance with generally accepted accounting principles. 15. Fundraising Any planned fundraising activities associated with this Agreement to occur on County Parkland ,must first be presented in writing for authorization by the Commissioner at least thirty (30) days pnor to the scheduled event. The County will act as final arbiter regarding approval of event dates and the County reserves the right to preclude any scheduled event due to unforeseen circumstancesor if such is in the best interests of the Department or the public. 16. Ownership of Improvements All improvements installed or placed within or the icensed premised hereunder shall immediately become the property of the County and shall be lien and encumbrance free. The Steward shall defend such lien and encumbrance free title at its expense. This provision shall survive the expiration or early termination of this Agreement. 17. Illegal Conduct The Steward agrees not to use, or suffer or permit any person to use in any manner whatsoever, the said premises or any part thereof or any building thereon for any illegal purpose, or for any purpose in violation of any federal state, or local law, rule, or regulation or of any regulation of the Department now in effect or as may be hereafter enacted amended or adopted. Page 6 of 11 Law No. 06-PK- Stewardship Agreement/Town of Southold Rev. 2118/00 18. Public Access This License agreement shall not be exercised by Steward to prevent or unreasonably interfere with public access [o the park. 19. Gratuities The Licensee represents and warrants that it has not offered or g~ven any gratuity to any officia[, employee or agent of. Suffolk County Or New York State or of any.~pelitica[~.party, with the purpose or intent of secu, ring an agreement or secQrin, g faV°rabie .treat, ment v~ith respect to ~.he awarding o.r arflending Of an agr~ed~er~.or t~e maki~g Of any' determin~t ons wit[~ ~bspec~'to t!~e'performar~ce of an ag~ement, add that the signer of th~s Agreement has [e.,ad ;aDd ~s familiar wi;t~h:the pbe~ision,s ¢ bocal 'Law No. 32-1980 ct~ Suffbilk Couh~y (Chapter 38~ of the .SUffolk' C0a'nt~ Code). 20. Severability It is expressly agreed that if any term or provision of this Agreement. or the applicationthereof 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 of 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. 21. Litigation In the event Licensee becomes a party (plaintiff, petitioner, defendant. respondent, third party complainant, third party defendant, etc) to a lawsuit or any legal proceeding, Licensee will immediately forward to the Department at the address set forth on the first page of this Agreement, copies of all papers filed by or against Licensee. 22. Entire Agreement It is expressly agreed that this instrument represents the entire agreement of the oarties and that all previous understandings are merged in this Agreement 23. No Oral Changes No modification of this Agreement shall be valid unlesS written in the form of an Addendum or Amendment signed by both parties and approved by the Page 7 of 11 Law No. 06-PK- StewardshLp Agreement/Town of Southold Rev. 2/18/00 Commissioner and the County Comptroller as to financial safeguards upon such terms and conditi.onsas maY be mutually agreed upon between the Licensee and the Ooun~y but no such modification, termination, cancellation, or extension shall be effective until so executed and approved. 24. SEQRA For purposes of compliance with the State Environmental Quality Review Act (SEQRA), the Department will act as Lead Agency for purposes of coordinating the environmenta review of actions or modifications to parkland (if any) that may result from this A~reement. End of Text for Exhibit A Page 8 of 11 Law No. 06-PK- Stewardship Ag reement/Town of Southold Rev. 2/18/00 Exhibit B Description of Stewardship Services and Associated Policies and Protocols Safety Guidelines The Steward shall ensure that any volunteers and private citizens participating in activities sp0r~sered and/or directed by the Steward or performing work on behalf of the Steward are made aware of the nature of work which is to be performed and shal follovcall prescribed safety guidelines and proCedures. Prior ApprOval of, Work Prior to commencement of any work hereunder, the Steward shall submit a plan andS. or drawings detailing all improvements for the Commissioner's approval. No work hereunder shal be performed without the prior written approval of the plans and/or drawingsby the Suffolk County Department of PubLic Works (where applicable) and the Commissioner. Complianc6~with Law; Plan Preparation a. Any work performed by Steward shall comply with all applicable Fedora.. State and local laws Iincluding, but not limited to the Americans with DisabilitieS Act (ADA), rules, regulations, codes and ordinances. Al repairs and/or physical improvements to the properties, or newly constructed facilities (if any) shall comply with applicable laws, rules and regulations. Permits The County may assist the Steward in obtaining necessary permits for any needed repairs. The facilities and improvements approved by the Commissioner to be installed b)y the Steward shall be constructed, installed, maintained and operated in a good, safe, and workmanlike manner, and all work shall be performed in accordance with good. sound, and acceptable constructior procedures. Supervision and Inspection All work shall be supervised by and may be inspected at any time by County personnel and shall conform to the rules and policies of the Commissioner. Page 9 of 11 Law No. 0S-PK- S~ewardship Agreement/Town of SouthOld Rev. 2118100 N Preservation of Natural Features All work performed hereunder shall avoid damage to or destruction of natural. historic or cultural features, including, but not limited to, rare plants, habitats. treeS, shrubs and other vegetation, to the maximum extent possible. Condition of Work Areas The Steward is responsi ole for the condition and appearance of any of its work areas. Such areas sha~ be maintained in a clean and safe condition. Where necessary, such areas ..shall be secured by the Steward. Organic Maintenance at Facility Pursuant to Legislative Resolution No. 608-1998 (Exhibit D), the Steward agrees to comply with and' adhere to the Organic Maintenance Plan approved by the Legislature in accordance with Resolution No. 868-1997. The Steward further agrees to comply and adhere to the Organic Maintenance Plan as may be promulgated by the Department, the County, and/or the Legislature, as same may be modified, amended or adopted from time to time, Maintenance of Premises The Steward will assist the County in maintaining the appearance and condition of any of the work areas covered by this Agreement and shall keep the premises, structures (if any) and the immediately adjoining areas in a dean, safe and sanitary condition at all times and for all program activities and events. All refuse and garbage are to be disposed of in a location satisfactory to the Commissioner. All space and equipment covered by this Agreement and used by Steward only in the conduct of its programs shall be maintained and kept clean by Steward at its own expense. It is agreed that the licensed premises and any structures or equipment thereon may be inspected at any time by authorized representatives of the County, including representatives of the Department of Fire, Rescue and Emergency Services (FRES). The Steward agrees that, if notified by the County, that any part of the licensed premises, structures, or equipment is unsatisfactory, it will remedy the same immediately. Failure Page 10 of 11 Law No. 06-PK- Stewardship Agreement/Town of Southold Rev. 2118/00 to remedy such unsatisfactory condition shall be deemed a breach of this Agreement. 10; The Steward will become familiar with the history and ecology of the parks named herein and may prepare inventories of flora and fauna. 11. The Steward will adopt park areas by developing a monitoring system to reduce vanda)ism and environmental damage. 12. The SteWard will develop education programs regarding the area for younger students and interested community groups. 13. The Steward will perform appropriate light maintenance, including litter and brush clean up. 14. The Steward shall submit a schedule of planned activities for the licensed facilities to the Commissioner for approval. 15. The County and Steward will mutually establish the schedule of' operation for the Park. Page 11 of 11 Exhibit C Exhibk D Intro. Res. No. ,1486-98 Laid on Table 4/28/98 Introduced by the Presiding Officer at the request of the County ExecutiVe and Lecslator Tow[e RESOLUTION NO. 608.- 1998, ADOPTING THE ORGANIC MAINTENANCE PLAN FOR USE C~N COUNTY PARKLANDS AND GOLF COURSES WHEREAS, pesticides have been linked to the incidence of certain diseases; and ,courses; and -- the concerns surrounding pesticide use. has . Recreation and nco plan for County parklands and county golf WHEREAS, the County Department of Parks, Recreation and Conservation. in accordance ,with that resolution,, has .developed an organic maintenance plan and now seeks the ratification of the Suffolk County LegislaTure: and WHEREAS. the implementation of this organic maintenance plan woulc greatly benefit the environmental!y sensitive lands that are the Suffolk County parklands and golf courses: and WHEREAS, the potential hazards involved in the use of chemical pesticides would be reduced bythe implementation of such a plan; and WHEREAS. the implementation cf an organic maintenance plan would diminish the exposure of Suffolk County residents to pesticides; now, therefore, be it RESOLVED, that this Legislature hereby approves and ratifies the organic maintenance plan forwarded to it in accordance with Resoiution No. 868-1997; an(: De it further RESOLVED, that the Commissioner of the Decar[men~ of Parks. Recreation and Conservation is hereby authorized, empowered and directed to immediately implement the organic maintenance plan. DATED: A:g~st 11, 1998 County Executive of'Suffolk County Date of Approval: ELIZABET}I A. NEVII,I,E TovtrN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER i~ECO~S MANAGEMENT OFFICER FREEDOtV[ OF~FO1RN~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631~ 765-1800 OFFICE OF THE TOWN CLERK TOV~xT OF SOUTHOLD BOARD RESOLVED that the To~a Board of the Town of Southold directs and authorizes Supervisor Cochrfin [o cxecmc a sub-license agreement with the North Fork Audubon Society for the use of office space a~ Inlet Pond Park. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAIt OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FR~IEDOM OF II~FoRIVfikT~ON OFFIC~tt Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax 631) 765-6145 Telephone (631 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD [: RESOLVED that the Town Board of the Town of Southold directs and authorizes Supervisor Cochr~nt0 execute a sub,license agreement with the Long Island Wine Council for the use of office space at Inlet Pond Park. Elizabeth A. Neville Southold Town Clerk