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HomeMy WebLinkAboutFishers Island Bay Patrolman - Piper, Russel K 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 Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Brian O. Mealy, Councilman AYES: Doroski, Mealy, Smith, Krupski Jr,Doherty, Evans 4 J��e. � e INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT, made this, !!.day of 2 rT ,2024 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 RUSSELL K PIPER,(hereinafter"CONTRACTOR") residing at 243 College llighway,PO Box 10, Southampton,MA 01073. 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'Soirthold,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 enforcemcntpersonnel 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; 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 oftbis Agreement shall be effective'January 1, 2024 to December 31.,2024, 3. Contractor agrees to comply with all stated standards of performance, 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 perfonning.his duties as a Bay Patrolman. The Towri 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. Into 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 oand 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,.atiy voucher received from Contractor as expeditiously as possible. Tn 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 1]8 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 ComptroIler.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 A,greement,,the Town at anytime may`termihate 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) relative to any service that[he or she]performs for the Town. 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 ofclaims or actions by third parties against Contractor by virtue of [his or. her] performance of this, Agreement: 1 l: 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. 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 shalt 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.Jf 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: Russell.K Piper 243 College Highway, PO Box 10,Southampton,MA 01073 "If to the Town: Town of Southold c/o Denis Noncarrow,Town Clerk P.O.Box 1.1.79 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 fand 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 shall nevertheless remain in full force and effect. 21. For the purpose of this Agreement, a facsimile of a 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 Contractor By:�� ,� _ .,�� ley. ,� ,-.,.:. Albert J.Krupski,Jr., R SSELL K PIPER Supervisor i i i i# S STATE OF N.EW 40P K /I 5S-�c-W! 9 '� . � COUNTY OF'S-U I�) ss.: ore.- Oil this'l a day of r _ in the year 2024 before me,the undersigned;RUSSELL K PIPER ,personally known tome or proved to-me on the basis of satisfactory evidence to be the individual whose nanie is subscribed to thewithin instrument and acknowledged tome 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. - Notary Public SA j x;n, DZiA]*Lb - pdor4dr f�u STATE:OF bli ," NEW YORK ), CommonMrestlth ¢l;t�assachuftse My Coirlmissiost,Exlair®s; COUNTY OF SUFFOLK) qugust.:19, On this day of4ID •• in the year 2024 before me, the undersigned, personally appeared ALBERT 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. Notary Public LAUREN M.STANDISH NOTARY PUBLIC,STATE OF NEW YORK Registration No.01ST6164008 Qualified in Suffolk County f Commission Expires Apri18,20� i E f` E' F I Et 1 k t t s j COVER SHEET FOR DOCUMENTS Sent To: �-- ' ECO 6aCL P Sent By: TOWN ATTORNEY, PAUL M. DECHANCE SEP 00 2024 DEPUTY T/A, JACK SQUICCIARINI Southold down Clerk ASSISTANT T/A, JULIE M. MCGIVNEY ASSISTANT T/A, BENJAMIN JOHNSON CONFIDENTIAL SECRETARY, AMY SCHLACHTER�C Type Of Agreement: (Z4)rc-7 r- Nature Of Contract/Agreement 47� +b sus Ssi .