HomeMy WebLinkAboutFishers Island Bay Patrolman - Farrar, Jonathan RESOLUTION 2024-823
ADOPTED DOC ID: 20634
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2024-823 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 24,2024:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Albert J. Krupski, Jr.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 1,2024 through December 31, 2024 at a rate of$3,000.00 per annum, plus
approved expenses and Russell K. Piper to perform Bay Patrolman services in and around the
waters of Fishers Island for the period of January 1, 2024 through December 31, 2024 at a rate of
$3,000.00 per annum,plus approved expenses, subject to the approval of the Town Attorney,
funded from budget line A 3130.4.500.400.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Doroski, Councilman
SECONDER:Brian O. Mealy, Councilman
AYES: Doroski, Mealy, Smith, Krupski Jr,Doherty, Evans
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT, made this 0.b dayof-J-une;2024 between the TOWN OF
SO.UTHOLD,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 11911-0959,and JONATHAN.K.FARRAR,(hereinafter"CONTRACTOR")
residing at 173 Hinkley Rd.Milton,MA 02186.
WHEREAS,the Town'of Southold wishes to engage the services ofthe 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:thepeace and safety of the waters and,
continuous areas in and around Fishers Island;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 perform,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, 2024 to December 31,2024. '
3:. Contractor,agrees°to comply with-all stated standards of performance, 'p , polices rules and
regulations of a Bay Patrolman,as specified by the Fishers Island Harbor Committee and the
Town Board of the Town of Southold.
4.The flat fee of$3000.00 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
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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.usageIfor theTown'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 limes,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 1
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,'ifwarranted) 1
relative.to any service.that[he.or.she]performs for the Town.
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1.0. 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 ontractor'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 of the parties hereto.
13. The proper venue for,any and all claims arising from this agreetr�ent, 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.b'e'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,ofother 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 ifpersonally 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
follows: be given as
If to the Contractor:
Jonathan K i
3
Farrar i
173 Hinkley
Rd.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.
17. No amendment,change-or modification of this Agreement shall be valid unless in writing signed
'by the.par'ties'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 beheld 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 Agreeinedt 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 Contract4TE
By:���� � O By
Albert J.Krupski,Jr., JO FARRAR
Supervisor
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STATE OF NEW YORK)
)ss.:
COUNTY OF SUFFOLK,)
On this iy of.._,CJ_.in the year 2024 before me,the undersigned, JONATHAN
K,FARRAR,personally known to me or proved tome on the basis of satisfactory evidence to be
the individual whose name is subscribed to the within instrument and acknowledged to me.that
he executed the same in his capacity and that by his signature on the instrument, the individual
or the person upon.whose'behalf of which the individual acted, executed the instrument.,
a,ttt�r�r��
Notary Public
STATE OF NEW YORK ) QUFA'led 4]Suffolk County o'z a
Notary Public-State of N=W Yolk : Q"`•`' .' -�
No.01 DRSa50454
COUNTY OF SUFFOLK) My c3 nmis;ia-i Expires No"vember07,2d24
On thisa day of, 61pk— in the year 2024 before.me, the undersigned, personally
appeared ALB ERT J.'KRUPSKI.JR., 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 executed the same.in his.capacity: and that by his.signature on the
instrument, the individual or the person upon whose behalf of which the individual acted,
executed the instrument.
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Notary Public
LAUREN M,STANDISH
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01ST6164008
Qualified irn Suffolk County tj
Commission Expires April 8,20 f
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COVER SHEET FOR DOCUIVI NTS
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Sent To: — ���
Sent By: TOWN ATTORNEY, PAUL M. DECHANCE
DEPUTY T/A, JACK SQUICCIARINI
ASSISTANT T/A, JULIE M. MCGIVNEY
ASSISTANT T/A, BENJAMIN JOHNSON
CONFIDENTIAL SECRETARY, AMY SCHLACHTER__)�
Type Of Agreement: f G -►^
Nature Of Contract/Agreement
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EPRR ED 0 20M
Town Clerk