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Home My WebLink AboutFI Emergency Generator ~ RESOLUTION 2006-911 SCHEDULED DOC ID: 2322 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-911 WAS SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 21,2006: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Intera2enCy A2reement with the County of Suffolk throu2h its duly constituted Department of Fire. Rescue and Emer2enCy Services and the Town of Southold for the provision of an emergency generator for Fishers Island at no cost to the Town, subject to the approval of the Town Attorney. Elizabeth A. Neville South old Town Clerk Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for Residents of Fishers Island Interagency Agreement Suffolk County Department of Fire, Rescue and Emergency Services and Town of Southold This Agreement (Agreement) is between the County of Suffolk (County), a municipal corporation of the State of New York, acting through its duly constituted Department of Fire, Rescue and Emergency Services ("Department" an~t~ at Yaphank Avenue, Yaphank, New York 11980, and ~he ;&) Tp;n of South old, ?'i:'^/"l< ., aving its~V1~rLCtro. C':' office atSJD'l) .Hcwf1 i" (), /Jo.- I fr1~ _ ~(.{ .0/1 ( ., >4::> It - The parties hereto desire that the Contractor's services be made available to the County to help assure for disaster preparedness. ~S/(IIA {)'<>14~ The parties hereto gree that the Town of Southold shall be assigned, maintain, and agree to keep in good working condition 29 II-'N2!; IrN generator, owned by the County of Suffolk, in the event of a declared disaster or emergency, in order to provide temporary power to the residents of Fishers Island. Term of Agreement: January 1, 2007 through May 31, 2011. Total Cost of Agreement: Shall be a no-cost agreement to FRES. Terms and Conditions: Shall be as set forth in Exhibit A entitled "Specific Terms and Conditions" and Exhibit B entitled "General Terms and Conditions" attached and incorporated herein. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. To~ of So~ County of Suffolk By: By: ~.uUI Name: Scott ussell Paul Sabatino II Title: Town SbrvZ Chief Deputy County Executive Date: Date: /1 . B ot / / Reviewed and Approved: Approved: Department of Fire Rescue & Emergency Services By: By: Joseph F. Williams Commissioner Date: Date: Approved as to Legality: Recommended: Christine Malafi, Suffolk County Attorney By: By: Jacqueline Caputi Belinda Pagdanganan Assistant County Attorney Director of Emergency Management Date: Date: Page 1 of 4 'Law No. Disaster PreparednesslShelters - Use of County-Owned Generator for Residents of Fishers Island Interagency Agreement Suffolk County Department of Fire, Rescue and Emergency Services and Town of South old This Agreement (Agreement) is between the County of Suffolk (County), a municipal corporation of the State of New York, acting through its duly constituted Department of Fire, Rescue and Emergency Services ( "Department" and/or "FRES"), located at Yaphank Avenue, Yaphank, New York 11980, and the Town of South old, , having its office at The parties hereto desire that the Contractor's services be made available to the County to help assure for disaster preparedness. The parties hereto agree that the Town of Southold shall be assigned, maintain, and agree to keep in good working condition a 25 kV/20 kW generator, owned by the County of Suffolk, in the event of a declared disaster or emergency, in order to provide temporary power to the residents of Fishers Island. Term of Agreement: January 1, 2007 through May 31, 2011. Total Cost of Agreement: Shall be a no-cost agreement to FRES. Terms and Conditions: Shall be as set forth in Exhibit A entitled "Specific Terms and Conditions" and Exhibit B entitled "General Terms and Conditions" attached and incorporated herein. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town O~fsouthOI County of Suffolk By: ~(A~.AfJ.'# By: Name: ott Russell Paul Sabatino II Title: Town Surrvisor Chief Deputy County Executive Date: (J. ('if (0 (:, Date Approved: Department of Fire Rescue & Emergency Services By: atricia A. Finnegan Town tttkey ((;) ~ Dip By: Joseph F. Williams Commissioner Date: Date: Approved as to Legality: Christine Malafi, Suffolk County Attorney Recommended: By: Samantha McEachin Assistant County Attorney By: Belinda Pagdanganan Director of Emergency Management Date: Date: Page 1 of 4 Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Fishers Island Exhibit A Specific Terms and Conditions 1. Performance Subject to Condition a. Pursuant to Article 2-8 of the New York State Executive Law entitled Disaster Preparedness, the County, as the first line of defense in times of disaster has developed disaster preparedness programs and plans. b. "Disaster" means the occurrence or imminent threat of wide spread or severe damage, injury, or loss of life or property resulting from any natural or man-made causes, including, but not limited to, fire, flood, earthquake, hurricane, tomado, high water, landslide, mudslide, wind, storm, wave action, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, radiological accident, water contamination, bridge failure or bridge collapse; c. The County's disaster preparedness plans, organizational arrangements, and response capability must at all times be the most effective that current circumstances and existing resources allow. The purpose of such plans shall be to minimize the effect of disasters by (i) identifying appropriate local measures to prevent and mitigate disasters, (ii) developing mechanisms to coordinate the use of local resources and manpower for service prior to, during and after disasters and the delivery of services to aid citizens and reduce human suffering resulting from a disaster, and (iii) providing for recovery and redevelopment after disasters. In order to execute such plans during, or at imminent threat of disaster, the County must ensure that all resources necessary and required for such implementation are readily available to it. d. Performance of this Agreement is contingent on the occurrence of a disaster, as this term is defined herein and by New York State Executive Law Article 2-8. Such condition shall be deemed in effect immediately upon the declaration of a state of emergency by the Suffolk County Executive, or in the event of a vacancy in this office, by the Chief Deputy County Executive or the Deputy County Executive designated to perform the administrative duties of the County Executive during his temporary absence or disability. 2. Requirements Agreement The parties agree that this is a Requirements Agreement and: The FRES Commissioner is responsible for the coordination of emergency preparedness plans and the County's response to natural or menmade disasters or emergencies; and FRES requires and needs to guarantee the services of the Town of Southold as contractor to provide, maintain, and repair as necessary, a 25 kVN20 kW, # 2 diesel fuel powered, sound attenuated trailer- mounted generator, in the event of a declared disaster or emergency, to provide temporary power services to the residents of Fishers Island located in the Town of Southold; and This agreement is to assure that the County, as the first line of defanse in the minimization of the adverse effects to the people and property of Suffolk County in the event of a declared state of Page 2 of 4 --------- . Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Fishers Island emergency and in the recovery and redevelopment efforts following disasters, receives all the services described herein, to be made available by the Contractor to the County prior to the Contractor's provision of such services to other entities, so that the County may accomplish the foregoing. 3. Term and Termination: a. The term of this Agreement shall be as set forth on page one of this Agreement, unless sooner terminated as provided below. b. Performance of the Services as set forth in this agreement shall commence as of the date of a declared state of emergency set forth in Paragraph one above and a determination by the County that the services of the Contractor are necessary to execute the County's emergency preparedness plans. The parties acknowledge that there may be one or more declared states of emergency during the term of this agreement. c. This Agreament may be terminated in whole or in part in writing by the County in the event of failure by Contractor to fulfill any of the terms and conditions under this agreement. The County shall also have the right to terminate this Agreament at any time and for any reason deemed to be in its best interest. 4. Town of Southold Responsibilities: a. The Town of Southold will test said generator and conduct the maintenance on a regular basis in order to ensure generator is in good working condition and to provide continued temporary emergency power to a designated shelter in Fishers Island in the event of the occurrence of a declared disaster or emergency, and for drills and exercises as mutually agreed upon; and any other facilities as mutually agreed upon by the parties. b. The Town of Southold shall make provisions to store and secure said generator at the Fishers Island Fire Department located at Crescent Avenue, Fishers Island 06390. c. The Town of Southold will pay for the usage of fuel required to power said generator. d. The Town of Southold will transport said generator from the mainland to Fishers Island and back, to include initial delivery and warranty and repair work as needed, at no cost to Suffolk County. e. The Town of Southold shall pay for expenses incurred during the repair of the generator unit after expiration of the unit's warranty. f. The Town of Southold will keep and maintain all maintenance records and all records of any repair work performed with the said unit generator. g. The Town of Southold will secure and maintain all related accessories, such as extension cords, that are assigned with the said generator unit. 5. FRES Responsibilities: a. FRES will coordinate the delivery of said generator and all related accessories with the Town of Southold. b. FRES will ensure said generator unit is fleated and proparly marked by the Suffolk County Department of Public Works prior to delivery to Fishers Island, Town of Southold. Page 3 of 4 --.- . . Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Fishers Island 6. Notices a. Notice of Declared State of Emergency While best efforts will be made by the County to provide written notice to the Contractor of a declaration of a state of emergency, the parties understand that the unpredictable nature of disasters may prevent such formal notification. In the event that such notification is not possible, notification by telephone or messenger or other reasonable means to the individual(s) listed below will serve as adequate notice. Mr. Scott Russell Town Supervisor Town of Southold b. All Other Notices All other notices shall be in writing and shall be given to the County as set forth in Exhibit 8, entitled General Terms and Conditions. Notification to the Contractor shall be made to: Mr. Scott Russell Town Supervisor Town of Southold With an additional copy to: c. Each party shall give prompt written notice to the other party of the appointment of successor(s) to the designated contact person(s) or his or her designated successor(s). End of text for Exhibit A Page 4 of 4 ---- ----