HomeMy WebLinkAboutBeach Dependent Species Management Program RESOLUTION 2025-91
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ADOPTED DOC ID: 21022
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-91 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 21,2025:
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of
Turtleback Conservation Center for the 2025 -2026 Beach Dependent Species Management
Program and be it further
RESOLVED that the Town Board authorizes and directs Supervisor Albert J. Krupski, Jr. to
execute the Agreement between the Town of Southold and the Turtleback Conservation Center
in connection with the Beach-Dependent Species Management Program for the years 2025 and
2026 at $12,500 a year for a total amount of$25,000.00, subject to the approval of the Town
Attorney and funded from budget line A.8720.4.400.100.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Doroski, Councilperson
SECONDER:Brian O. Mealy, Councilperson
AYES: Krupski Jr, Smith, Doherty, Evans, Doroski, Mealy
AGREEMENT
THIS AGREEMENT,entered into this day of ,2025,by and
between the Town of Southold,New York("the Town"), a municipal corporation organized and
existing under the laws of the State of New York with offices at 53095 Main Load,Southold,New
York, and Turtleback Conservation Center(the "Contractor"), with an address of P.O. Box 288,
Peconic,New York 11958;
WITNESSETFL that the Town and the Contractor, for the consideration hereinafter named,
agree as follows:
ARTICLE I. WORK To BE DONE AND CON. SIDERATION THEREFOR
The Contractor shall conduct the 2025-2026 Beach Dependent Species Management
Program pursuant to the requirements of the.United States Fish and Wildlife Service Special
Conditions and as set forth in Appendix A_
The Contractor will furnish all labor,materials,supplies,equipment and other similar
items necessary or proper for,or incidental to,the work contemplated by this Contract,and
in strict accordance with such changes as are ordered and approved pursuant to this
Contracts
ARTICLE 2. TIME OF COMPLETION
The services to be rendered under this Contract shall be for a two (2) year period and shall
commence upon execution of this Contma as set forth in Appendix A.
ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT
The total authorized funding for this project is $25,000.00 as set forth in Appendix A.
Payment of the authorized amount shall be upon completion of work and proper reporting.
The Town shall pay the Contractor upon the submission of a voucher at the conclusion of
each stage of bird monitoring and submission of the requisite reporting, as approved by the
Town's project coordinator. Such voucher shall be due and payable within 45 days after receipt
of such voucher,but such sum shall not be due and payable by the Town until the Town Board of
the Town has received such a voucher and has audited and approved for payment the voucher to
be submitted by Contractor in connection therewith.
The Town Board 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,
prohibits payment of any of Contractor's claims against the Town unless an itemized voucher
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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.
The acceptance by the Contractor of the final payment shall be,and shall operate as a release
to the Town from all claims and all liabilities to the Contractor for all the things done or furnished
m connection with this work and for every act and neglect of the Town and others relating to or
arising out of,this Contract,except Contractor's claims for interest upon the final payment,if this
payment be improperly delayed. No payment,however final or otherwise,shall operate to release
the Contractor or its sureties from any obligations under this Contract.
ARTICLE 4. CHANGES TO THE CONTRACT AND EXTRA WORK
(a) The Town may at times,without notice to the Contractor's surety and without
invalidating the Contract,order extra work or make changes by altering,adding to,
or deducting from the work contemplated herein and may adjust the Contract price
accordingly,pursuant to Paragraph(b)below. The Contractor shall not deviate
from,add to,delete from,or make changes in the Work required to be performed
hereunder unless so directed by.a written Change Order. if the Contractor is
directed by the Town to perform extra work prior to an agreement on costs or time,
the Contractor shall promptly comply with the Change Order of the Town. No
claim for extra work or any change in the work shall be allowed or made unless
such extra work or change is ordered by a written Change Order from the Town.
(b) The amount of compensation to be paid to the Contractor for any extra work,as
so ordered, shall be determined as follows:
1. By a lump sum mutually agreed upon by the Town and the Contractor; or
2. Using the applicable price or prices within the Contract and/or Bid and
approved by the Town and the Contractor.
(c) Regardless of the method used by the Town in determining the value of a Change
Order,the Contractor shall submit to the Town a detailed payment breakdowns of the
Contractor's estimate of the value of the omitted or extra work.
(d) Unless otherwise specifically provided for in a Change Order,the agreed
compensation specified therein for extra work includes full payment for extra work
covered thereby, and the Contractor waives all rights to any other compensation for
such extra work, damage or expense,including claims for delay,damage or
expense.
(e) The Contractor shall and hereby agrees to produce any and all data the Town may
request,including but not limited to,time sheets,certified payrolls, foreman's
reports,daily reports,bills and vouchers of Subcontractors,receiving documents,
freight and trucking receipts,etc.
(f) All change orders shall be processed,executed and approved in the following;
manner:
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(i) if the estimated cost of the extra work is less than$1,000 in the aggregate, a
Change Order Form must be processed and executed by the Supervising
Department-Head;
u if the estimated cost of the extra work is greater than$1,000,then a Change
Order Form must be executed by the Supervising Department Head and i
submitted to the Town Board for consideration and approval by resolution.
The Contractor must submit a detailed explanation of why the Change Order
is needed and must also be submitted to the Town Board prior to its approval.
The Change Order must also be approved by the Town Comptroller.and the
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Town Attorney. Once this procedure is completed,the Contractor may
proceed with the extra work.
The Town will not accept any alteration to this form and no payment for Extra,Work
shall be due the Contractor unless it executes a Change Order Form.
(g) If the Contractor claims that any work which the Contractor has been ordered to
perform will be extra work,that the Contractor for any reason cannot comply with
the terms and provisions of the Contract,or that any action or omission of the Town
is contrary to the terms and provisions of the Contract and will require the
Contractor to perform extra work,the contractor shall:
1. Promptly comply with the Town's direction to perform the work which the
contractor claims will be extra work;and
2. Proceed diligently,pending and subsequent to the determination of the
Town with respect to any said disputed matter,with the performance of the
work in accordance with all the instructions of the'fawn.
No claim for extra work shall be allowed unless it was performed pursuant to
�) change order duly approved by the Town Board. The Contractor's failure to
comply with any part of this provision shall be deemed to be:
1. A conclusive and binding determination on the part of the Contractor that
said change order,work,action or omission does not involve extra work
and is ntrt cc,,trdry to the terms and provisions,of the Contract,and
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2. A waiver by the Contractor of all claims for additional compensation,time
or damages as a result of said change work,act or omission.
(i) The value of claims for extra work,if allowed shall be determined methods
described in the Contract including,but not limited to, section(b)immediately
above.
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ARTICLES: COrITRA_CTOWS OBLIGATIONS
(a) The Contractor shall be responsible for the M and correct performance of the work
required by this Contract within the time specified herein; including work' of the
Contractor's Subcontractors, and any errors therein shall be corrected �at the
Contractor's own, cost and expense. Ia addition,. the Contractor shall indemnify the
Town for any costs or expenses attributable to errors in performance by the Contractor
or the Contractor's Subcontractors. The Contractor's obligation hereunder shall
include taking field measurements for all Work hereunder. Approval of reporting by
the Town shall not relieve the Contractor from connecting Work,not conforming to the
field requirements, or not complying with the terms of this Contract. It shall!not be
incumbent upon the Town to discover any mistakes, errors, omissions, or deviations
from the Project requirements, or in the quality or kind of materials used by the
Contractor or in the shop drawings, schedules and reports submitted by the Contractor
and the Town's approval of same shall not relieve the Contractor from responsibility
for unauthorized changes, deviations, omissions or errors of any sort therein.
Performance by the Contractor of any Work before the required approvals therefore
have been issued shall be at the Contractor's sole risk and expense.
(b) In case of discrepancy or difference between any figures,drawings, or specifications;
the matter shall be immediately submitted in writing to the Town,whose decision shall
be final, and without whose decision said discrepancy or difference shall not be
adjusted by the Contractor,save only at the Contractor's own risk and expense:
(c) Unless otherwise specifically provided in the Contract, the Contractor, without
limitation, shall furnish and be responsible for all shop and field requirements, lines,
grades,dimensions, layouts,tests,approvals,operating manuals,guarantees,clearing,
guards, rails, tarpaulins, clean-up, and all things which may be necessary in
performance.of the Work cox-tracted hereunder.
(d) If the Town shall furnish any basic reference lines and bench marks to the Contractor,
such basic reference lines and bench marks must be used by the Contractor and the
finished Work shall agree therewith.
(e) The Contractor agrees that the Contractor shall protect and shall be solely responsible
for all labor and material provided for under this Contract, whether or not the same
may be erected in place, and for all its plans,tools, equipment,materials,tools of the
Contractor's employees and agents, etc. for all adjoining private and public property,
and all existing work on the Project Site,which may be damaged by the Contractor's
work. In no event shall the Town be liable to the Contractor for loss of,pilferage, or
damage to any of the same. In the event of said labor and materials, plant, tools or
equipment,etc.,are damaged,lost or destroyed by reason of fire,theft(irrespective of
the negligence of the parties hereto or others), civil commotion, riot, insurrection,
violence, war, acts of God, etc., the Contractor's responsibility therefore shall be
absolute, and the Contractor shall replace,repair, rebuild, and make good any and all
said damage or loss of any and all kinds whatsoever.
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(f) Contractor shall be responsible for securing all permits required to perform the work
and/or required by the applicable laws,regulations, ordinances,etc., and maintain the
validity of all such,permits throughout the Contract duration. Parking permits for the
Beach Dependent Species Management for the 2025-2026 seasons will be available
through the Town Clerk's office.
ARTICLE 6. CONTRACTOR'S INSURANCE—WAIVED
ARTICLE 7. REI'RlESEN ATIONS OF CONTRACTOR
The Contractor represents and warrants:
(a) That it is financially solvent and that it is experienced in and competent to perform
the type of work to be furnished by it; and
(b) That it is familiar with all federal, state, municipal and department laws, ordinances
and regulations which may in any way affect the work or those employed therein.
ARTICLE S. PERWTS AND REGULATIONS
The Contractor shall comply with all permits issued to the Town and all mandated from
United States Fish and Wildlife Service Special Conditions and any other appropriate Federal and
State agencies in connection with the services furnished under this Agreement.
ARTICLE 9. NO DAMAGES FOR DELAY
The Contractor agrees to make no claim for increased costs, charges, expenses or
damages for delay in the performance of this Contract, or for any delays or hindrances from any
cause whatsoever,and agrees that any such claim shall be fully compensated for by an extension
in the time for substantial and/or final completion of the work. Should the Contractor be or
anticipate being delayed or disputed in performing the work hereunder for any reason,,it shall
promptly, and in no even more than two (2) business days after the commencement'of any
condition which is causing or threatening to cause such a delay or disruption, notify the Town in
writing of the effect of such condition stating why and in what respects the condition is causing or
threatening to cause such delay or disruption. Failure strictly to comply with this notice
requirement shall be sufficient cause to deny Contractor a change in Schedule and to require it to
conform to the Schedule then m effect.
ARTICLE 10. TOWN'S RIGHT TO STOP WORK OR TERIYMA TE CONTRACT
The Town shall have the right to stop work or terminate the Contract if:
(a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of
creditors; or
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(b) A receiver or liquidator is appointed for the Contractor or for any of its properly and
is not dismissed within 20 days after such appointment or the proceedings in
connection therewith are not stayed on,appeal within the said 20 days; or
(c) The Contractor refuses or fails to prosecute the work or any part thereof with due
diligence;or
(d) The Contractor fails to make prompt payment to persons supplying labor for the
work;or
(e) The Contractor fails or refers to comply withh all applicable laws or ordinances;or
(f) The Contractor is guilty.of a substantial violation of any provision of this Contract;
(g) The Town's execution and participation in this Contract is found to be in violation of
an existing collective bargaining agreement.
(h) In any event,the Town,without prejudice to any other rights or remedy it may have,
may, with our without cause, by seven (7) days' notice to the Contractor, terminate
the employment of the Contractor and its right to proceed as to the work. In such
case,the Contractor shall not be entitled to receive any further payment beyond what
owed in quantum meruit.
ARTICLE 11. DAMAGES
It is hereby mutually covenanted and agreed that the relation of the Contractor to the work
to be performed by it under this Contract shall be that of an independent contractor. 'As an
independent contractor,it will be responsible for all damage,loss or injury to persons or property
that may arise in or be incurred during the conduct and progress of said work,whether or not the
Contractor,its agents,or employees have been negligent. The Contractor shall hold and keep the
Town free and discharged of and from any and all responsibility and liability of any sort or kind.
The Contractor shall assume all responsibility for risks or casualties of every description, for loss
or injury to persons or property arising out of the nature of the work, from the action of the
elements, or from any unforeseen or unusual difficulty. The Contractor shall make good any
damages that may occur in consequence of the work or any part of it.The Contractor shall assume
all blame, loss and responsibility of any nature by reason of neglect or violation of any federal,
state,county or local laws,regulations or ordinances.
ARTICLE 12, INDEMNITY AND SAVE RARMLESS AGREEMENT
The 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 its performance of this Agreement.
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ARTICLE 13.. NO ASSIGNMENT
In accordance with the provisions of section 109 of the General Municipal Law, the
Contractor is hereby prohibited from assigning, transferring, conveying, subletting or otherwise
disposing of this Agreement, or of its right, title or interest in this Agreement, or its power to
execute this Agreement,to any other person or corporation without the.previous consent in writing
of the Town. -
ARTICLE 14_ REQUIRED PROVISIONS OF LAW
Each and every provision of law and clause required by law to be inserted in this Contract
shall be deemed to have been inserted herein.If any such provision is not inserted,through mistake
or otherwise,then upon the application of either party,this Contract shall be physically amended
forthwith to make such insertion. In particular, the Contractor shall, among other things, fully
comply with:
(a) Labor Law section 220-e and Executive Law sections 291-299 and the Civil',Rights
Law relating to prohibition against discrimination and providing equal opportunity.
(b) Affirmative action as required by the Labor Law.
(c) Prevention of dust hazard required by Labor Law section 222-a.
(d) Preference in employment of persons required by Labor Law section 222.
(e) Eight-hour workday as required by Labor Law section 220(2).
ARTICLE 15. PREVAILING WAGE RATES REQUIRED BY LAW
(a) The.parties hereto,in accordance with the provisions of section 220(3) of the.Labor
Law, if applicable, hereby agree that there shall be paid each employee engaged in
work under this Contract not less than the wage rate and supplements set opposite the
trade or occupation m which he/she is engaged, which are the wage rates and
supplements established as the prevailing rate of wages for the work covered by this
Contract
(b) Labor classifications not appearing on the schedule of wages can be used only with
the consent of the Owner and then the rate to be paid will be given by the Owner after
being advised by the Department of Labor.
(c) The Contractor shall post in a prominent and accessible place on the site of the work
a legible statement of all wage rates and supplements, as specified in the Contract,
for the various classes of mechanics, workingmen/women, or laborers employed on
the work.
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ARTICLE 16. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN
The Supervisor has executed this Agreement pursuant to Resolution No. 2025-91 adopted
by the Town Board of the Town of Southold,at a meeting thereof held on January 21,2025.' Albert
J. Krupski,Jr., Supervisor,whose signature appears hereafter, is duly authorized and empowered
to execute this instrument and enter into such an Agreement on behalf of the Town.This instrument
shall be executed in duplicate.At least one copy shall be:permanently filed,after execution thereof,
in the office of the Town Clerk,Denis Noncarrow.
ARTICLE 17, NOTICES
Any and all notices and payments required hereunder shall be addressed as follows, or to
such Other address as"$ay fia.ra.ai ei be designatted.in wnr`r1i'g vy e4ther party l4erP.to:
To Town: Denis Noncarrow
Southold Town Clerk
P.O.Box 1179
Southold,NY 11971-0959
With Copy To: Olem Ovl:s-mit , Southold Board of Trustees
Town of,Southold
P.O.Box 1179
Southold;NY 11971-0959
To Contractor Turtleback Conservation Center
P.O. Box 288
Peconic,New York 11958
ARTICLE 1st, WgJVER
No waiver of any breach of any condition of the Agreement shall be binding unless in writing
and signed by the party waiv1g said breach_No su@hh waiver shaU in any way erect any other
term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any
other breach unless the waiver shall include the same.
ARTICLE 19. MODIFICATION
This Agreement constitutes the complete understanding of the parties. No modification of
any provisions thereof shatu be valid unless in writing and sued by both pies.
ARTICLE 20. APPLICABLE LAW
This Agreement is governed by the laws of the State of New York.
IN WITNESS WHEREOF,the Town of Southold has caused these presents to be signed by
Albert J.Krupski,Jr.,its Supervisor,duly authorized to do so,and the Contractor has caused these
presents to be signed by its President,the day and year first above written.
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Turtleback n Center Town of Southold
By: _ By: '9� /�'/Lug.
Jennifer rV,Authorized Agent Albert J.Kr6pski,Jr., uperviso
STATE OF NEW YORK)
) ss..
COUNTY OF SUFFOLK)
On this &-t-4day of in the year 2025 before me,the undersigned,
personally appeared Jennifer Murray,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 she executed the same in her capacity and that by her signature on the
instrument the individual or the person upon whose behalf of which the individual acted,
executed the instrument.
Ndfary Public
MARY DIANA FOSTER
STATE OF NEW YORK) Notary Public,State of New YG*
No.52.4655242
ss.:
(kol'ified In Suffolk County
COUNTY OF SUFFOLK) Commission Expires Aug.31.20
On this Q day of in the year 2025 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.STA""'
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01 ST61 W08
Oualified in Suffolk County q�rr,�
Commission Expires April 9,201
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2025-2026 Beach Dependent Species Management Program
Attn: Craig Jobes, Town of Southold Department of Public Works
Southold Town Hall, 53095 Main Road, Southold, 11971
Phone: 631-765-1283
Email: craigj@southoldtownny.gov RECEIVED
JAN m 9
Jennifer Murray
Turtleback Conservation Center
PO Box 288, Peconic NY 11958 Southold Town Clerk
Phone: 631-520-1528
Email: turtlebackfarmer@gmail.com
January 7th, 2025
Bid Proposal for the 2025-2026 Beach Dependent Species Management Program
Jennifer Murray of Turtieback Conservation Center will recruit and hire seasonal
stewards to locate, post, fence, and monitor threatened and endangered beach
dependent nesting species within the Town of Southold. A list of all nesting ;sites will
be submitted to the Town of Southold Department of Public Works.
Jennifer Murray of Turtleback Conservation Center will obtain the necessary
equipment and tools to install and maintain fencing and signage. Signage will be
posted at sites describing the program. Necessary public outreach will be performed
to facilitate the program.
The installation of symbolic fencing will begin in March and may continue into early
April. All fencing will be removed by August 31st of each year as per US Fish &
Wildlife guidelines. Fencing may be removed earlier than August 31st if a site is
deemed inactive or the beach dependent species have migrated and are no longer
present in the vicinity of the nesting site.
Piping Plover site summaries and any other required data will be submitted to the New
York State Department of Environmental Conservation by September 1st of each
year.
Shorebird Volunteers and Stewards will have the necessary training through the
"Long Island Steward Training for Threatened and Endangered Species workshops"
being jointly conducted by the U.S. Fish and Wildlife Service, the New York State
Department of Environmental Conservation, and The Nature Conservancy.
Beach Dependent Species Management Program updates and reports will be
provided to the Town of Southold. Mid-season reports will be submitted on June 16th
of 2025 and June 15th of 2026. Final reports will be submitted September 29th of
2025 and September 28th of 2026.
The Point of Contact for the program will be shorebird specialist Jennifer Murray, who
has over ten years experience managing threatened and endangered nesting
shorebird populations with the USFWS, NYS DEC, and the Nature Conservancy in
Huntington and Southold. Jennifer Murray has also managed the shorebird program
at Orient Beach State Park since March of 2020.
Jennifer Murray of Turtleback Conservation Center proposes a bid for the
2025-2026 Seasons of Beach Dependent Species Management Program in the
Town of Southold for the amount of $12,500 per season:
Thank you for your time and consideration.
Jenn' r Murray
Turtleback Conservation Center
PO Box 288, Peconic NY 11958
Phone: 631-520-1528
COVER SHEET FOR DOCUMENTS
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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 :
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Nature of Contract/Agreement
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