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HomeMy WebLinkAboutNature Conservancy (2)RESOLUTION 2005-859 ADOPTED DOC ID: 4224 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-859 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 9, 2008: RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2008- 66~ adopted at the January 2~ 2008 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of The Nature Conservancy to perform Conservation Planning, Acquisition, and Professional Services related to the Town's land preservation efforts within the Pipes Cove area, and authorizes the Supervisor to sign the agreement between The Nature Conservancy and the Town of Southold, subject to review of the contract language by the Town Attorney. Compensation shall be tbr direct travel expenses and for employee time at an hourly rate as set forth in Exhibit A - TNC Staff Reimbursement Schedules 2008 and shall not exceed twenty thousand ($20,000.00) dollars. The contract term shall be t?om January 1, 2008 to December 31, 2008. Invoices submitted under the terms of this contract shall be a legal charge to the 2008 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). Elizabeth A. Neville Southold Town Clerk Southold Town Board - Letter Board Meeting of September 9, 2008 RESOLUTION 2008-859 ADOPTED Item # DOC ID: 4224 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-859 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TO'WN BOARD ON SEPTEMBER 9, 2008: RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2008- 66~ adopted at the January 2~ 2008 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of The Nature Conservancy to perform Conservation Planning, Acquisition, and Professional Services related to the Town's land preservation efforts within the Pipes Cove area, and authorizes the Supervisor to sign the agreement between The Nature Conservancy and the Town of Southold, subject to review of the contract language by the Town Attorney. Compensation shall be for direct travel expenses and for employee time at an hourly rate as set forth in Exhibit A - TNC StaffReimbursement Schedules 2008 and shall not exceed twenty thousand ($20,000.00) dollars. The contract term shall be from January 1, 2008 to December 31 2008. Invoices submitted under the terms of this contract shall be a legal charge to the 2008 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). Elizabeth A, Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councirman SECONDER: Louisa P. 15vans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evansf Russell Generated September 12, 2008 Page 33 CONSERVATION PLANNING, ACQUISITION, AND PROFESSIONAL SERVICES AGREEMENT WITH THE NATURE CONSERVANCY the TOWN OF SOUTHOLD, a municipal corporation witl~ offices located at 53095 Main Road, Southold, Suffolk County, New York, 11971-0959, hereinafter referred to as the "Town," and The Nature Conservancy, a non-profit corporation organized and existing under the laws of the District of Columbia, with a principal place of business at 4245 North Fairfax Drive, Suite 100, Arlington, Virginia, 22203-1606. WITNESSETH: Pursuant to {}247 of the General Municipal Law of the State of New York, the Town of Southold, located in Suffolk County, State of New York, is authorized to acquire interests or rights in real property, for the preservation of open spaces and other areas; and Pursuant to Chapter 17, Chapter 70, and Chapter 185 of the code of the Town of Southold, the Town Board is authorized to acquire the development rights to agricultural lands and fee interest to open space and other lands; and Pursuant to the Community Preservation Project Plan for the Town of Southold, the Town Board is authorized to acquire, preserve and protect properties which are integral to the unique community character of the Town of Southold; and Whereas, the Town Board wishes to enter into a cooperative agreement with The Nature Conservancy to assist the Town in identifying appropriate lands for protection and in implementing the above mentioned preservation programs. Focus for this agreement will be within the Pipes Cove area. The Pipes Cove Area, for purposes of this contract, is defined as all properties south of Main Road (State Route 25) located to the east of Kerwin Boulevard and to the west of Silvermere Road. Additional properties may be added to the scope of this agreement by mutual consent of the Land Preservation Coordinator, the Town Board, and The Nature Conservancy: and Whereas, The Nature Conservancy is an international land conservation organization incorporated as a non-profit corporation in the District of Columbia holding Section 501-(c)-3 status under the Internal Revenue Code; NOW THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: The Town of Southold hereby retains the services of The Nature Conservancy to work at the Direction of the Land Preservation Coordinator for the following purposes: To work cooperatively with the Land Preservation Coordinator and the land preservation committee to identify and protect the most important sites within the Pipes Cove Area. Any work outside the Pipes Cove Area will be done only with the approval of the Land Preservation Coordinator. To work cooperatively with the Land Preservation Coordinator and the land preservation committee in determining the necessity of obtaining any reports or appraisals, and in acquiring such reports and appraisal. The Nature Conservancy, with the approval of the Land Preservation Coordinator, shall be responsible for obtaining any necessary appraisals, surveys, title certifications, or other reports necessary to determine the fair market value of the property or for contract or closing purposes. To negotiate directly with the landowners of properties identified for acquisition of fee or lesser property interests for the purposes of the preservation of the properties, as directed by the Land Preservation Coordinator. In such negotiations, The Nature Conservancy may employ a range of protection techniques including: fee acquisition, bargain sales, easements, land swaps, limited development, etc., all as calculated to best protect the identified lands at the least cost to the Town. Where acquisition is involved, The Nature Conservancy will negotiate to acquire the fee title rights of the parcel or any other property interest therein for a value not exceeding the fair market value of that property interest as approved by the Land Preservation Coordinator and the Town Board. All acquisitions are subject to a final approval from the Town Board. It is the intent of the Town of Southold to coordinate and leverage funding for the acquisition of development rights or fee interest wherever possible. Such efforts may require the Conservancy to coordinate with the State of New York, the County of Suffolk, and other governmental or non-profit entities engaged in land preservation in the Town of Southold as directed by the Land Preservation Coordinator. It is understood that The Nature Conservancy may also be working on behalf of other governmental entities, and such arrangements, including any compensation arrangement, will be disclosed to all involved parties, on a case-by-case basis. The Nature Conservancy shall conduct all activities subject to the approval of the Land Preservation Coordinator. As compensation for such services, the Town will pay The Nature Conservancy for its direct travel expenses and for employee time at an hourly rate, not to exceed twenty thousand ($20,000) dollars for the contract term, billed quarterly, based on actual hours, according to the following rate schedule: SEE ATTACHMENT - "EXHIBIT A" In addition, the Town may pay any direct expenses incurred by the Nature Conservancy for items above and beyond normal operating expenses, including but not limited to surveys, appraisals, and legal consultation fees, provided prior approval is received from the Land Preservation Coordinator for such expenses. Such other expenses, as ~vell as the four (4) quarterly payments due under this Agreement, shall be submitted for Land Preservation Coordinator and Town Board approval by appropriate Town voucher, utilizing generally accepted accounting and audit principles. + The Agreement shall commence as of January 1, 2008, and shall expire on the December 31, 2008, unless renewed for additional one (1) year period(s) upon the mutual written consent of both parties. This Agreement shall be effective upon signing, unless sooner terminated pursuant to Section 8 of this Agreement. This Agreement may be terminated by either party upon written notice for any reason upon thirty (30) days written notice to the other party. Should the Town terminate this agreement, the Conservancy shall be paid for work performed under this agreement up to the date of termination on a pro-rated basis. This Agreement may be modified only in writing and upon approval by the Town Board pursuant to a duly adopted resolution. 10. This Agreement shall be construed according to the laws of the State of New York. 1N WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto. TOWN OFSOUTHOLD By: Supervisor THE NATURE CONSERVANCY By: Executi~ Director Exhibit A TNC Staff Reimbursement Schedules 2008 Conservation Finance and Policy Advisors: ...$31.65 per hour** + 40% fringe benefits + 23% indirect costs Conservation Program Coordinator: ...$19.35 per hour** + 40% fringe benefits + 23% indirect costs GIS Manager: ...$26.15 per hour** + 40% fringe benefits + 23% indirect costs **Hourly rate based on standard TNC work week and employee annual salaries as of January 1, 2008. If an employee ~vorks more hours than "standard" in a pay period, the computed hourly rate billed to the Town will decrease. Conversely, if an employee works fewer hours than "standard," the computed hourly rate ~vill increase. TNC reserves the right to change the base salary rate, fringe benefit rate and/or indirect cost rate for each employee once during the contract period, to be reflected in the invoices to the Town. RESOLUTION 2008-66 ADOPTED DOC ID: 3415 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-66 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 2, 2008: RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of The Nature Conservancy to perform Conservation Planning, Acquisition, and Professional Services related to the Town's land preservation efforts within the Pipes Cove area, and authorizes the Supervisor to sign the agreement between The Nature Conservancy and the Town of Southold, subject to review of the contract language by the Town Attorney. Compensation shall be for direct travel expenses and for employee time at an hourly rate and shall not exceed twenty thousand ($20,000.00) dollars. The contract term shall be from January 1, 2008 to December 31, 2008. Invoices submitted under the terms of this contract shall be a legal charge to the 2008 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). Elizabeth A. Neville Southoid Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Albert Krupski Jr., Thomas H. Wickham SECONDER:Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell CONSERVATION PLANNING, ACQUISITION, AND PROFESSIONAL SERVICES AGREEMENT WITH THE NATURE CONSERVANCY TillS AGREEMENT made tile day of ~ 200 , betweeu the TOWN OF SOUTHOLD, at municipal cor~'ation w~fi~es lo~;[ted a~-55095 Main Road, Southold, Suflblk Couuty, New York, 11971-0959, hereinafter referred to as the "Towu," and The Nature Conservancy, a non-profit corporation organized and existing under the laws of the District of Columbia, with a principal place of business at 4245 North Fairfax Drive, Suite 100, Arlington, Virginia, 22203-1606. WI'INESSETH: Pursuant to {}247 of the General Municipal Law of the State of New York, the Town of Southokt, located in Suffolk County, State of New York, is authorized to acquire interests or rights in real propetnty, for the preservatiou of open spaces and other areas; and Pursuant to Chapter 17, Chapter 70, and Chapter 185 of the code of file Town of Southold, the Town Board is authorized to acquire the development rights to agricultural lands and 1be interest to open space aud other lands; and Pursuant to the ommumty Preservation Project Plan tbr the Town of Southokt, the Town Board is autborized to acquire, preserve and protect properties which are integral to the unique commmfity character of the Town of Southold; and Whereas, tile Town Board wishes to enter into a cooperative agreement with The Nature Conservancy to assist the Town in identifying appropriate lands fbr protection and in implementing the above mentioned preservation programs. Focus for this agreement will be xvithin he P~pes Cove area. 7he ~pes Cove Area, tbr purposes of this contract, is defined as all properties south of Main Road (State Route 25) located to the east of Kerwin Boulevard and to the west of Silvermere Road. Additional propeaies may be added to the scope of this agreement by mutual consent of the Land Preservation Coordinator, the Town Board, and The ature Conservancy; and N ' Whereas, The Nature Conservancy is an international land conservation organization incorporated as a non-profit corporatioa in tile District of Columbia holding Scction 501-(c)-3 status under tile Internal Revem~e Code; NOW TIiEREFORI:~, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: The Town of' Southold hereby retains the services of The Nature Conservancy to work at the Direction of the Land Preservation Coordinator for the fbllowing purposes: 'Fo work cooperatively with the Land Preservation Coordinator and the land preservation committee to identify and protect the nmst important sites within the Pipes Cove Area. Any work outside the Pipes Cove Area will be done only with the approval of the Land Preservation Coordinator. To work cooperatively with the Land Prese~wation Coordinator and the land preservation committee in determining the necessity of obtaining any reports or appraisals, and in acquiring such reports and appraisal. The Nature Conservancy, with the approval of the Land Preservation Coordinator, shall be responsible for obtaining any necessary appraisals, surveys, title certifications, or other reports necessary to determine the lair market value of the property or for contract or closing purposes. To negotiate directly with the landowners of properties identified for acquisition of fee or lesser property interests for the purposes of the preservation of the properties, as directed by the Land Preservation Coordinator. in such negotiations, The Nature Conservancy may employ a range of protection techniqnes including: fee acquisition, bargain sales, easements, land swaps, limited development, etc., all as calculated to best pr?tect the identified lands at the least cost to the Town. Where acquisition is involved, The Nature Conservancy will negotiate to acquire the fee title rights of the parcel or any other property interest therein for a value not exceeding the fair market value of that property interest as approved by the [,and Preservation Coordinator and the Town Board. All acquisitions are subject to a final approval Ii-mn the Town Board. It is the intent of the Town of Soutbold to coordinate and leverage funding fbr tile acquisition of development rights or tee interest wherever possible. Such efIbrts may require the Conservancy to coordinate with the State of New York, the County of Suffolk, and other govermnental or non-profit entities engaged in laud preservation in the Town of Southold as directed by tile Land Presmwation ,oordlnator. It is understood that The Nature Conservancy may also be working on behalf of other governmental entities, and such arrangements, including any compensation arrangement, will be disclosed to all involved parties, on a case-by-case basis. The Nature Conservancy shall conduct all activities subject to the approval of the Land Preservation Coordinator. As compensation for such services, the Town will pay The Nature Conservancy tbr its direct travel expenses and fbr employee time at an hourly rate, not to exceed twenty thoosand ($20,000) dollars for the contract term, billed qnarterly, based on actnal hours, according to the tbllowing rate schedale: Conservation Finance and Policy Advisor Conservation I rogram Coordinator GIS Manager $ 53.50/hour $33.75/hour $46.50/hour In addition, tile Town inay pay ally direct expenses incurred by tbe Nature Conservancy for items above and beyond normal operating expenses, including but not limited to surveys, appraisals, and legal consultation lees, provided prior approval is received fi'om the Land Preservation Coordinator for such expenses. Such other expenses, as well as the tbur (4) quarterly payments due under this Agreement, shall be submitted for Land Preservation Coordinator and Town Board approval by appropriate Town voncher, otilizing generally accepted acconnting and audit principles. The Agreement shall commence as of Jannary 1, 2008, and shall expire on the December 31, 2008, unless renewed for additional one (I) year period(s) upon the mutual written consent or' both parties. This Agreement shall be effective upon signing, unless sooner terminated pursuant to Section 8 of this Agreement. This Agreement may be ternfinated by either party upon written notice roi' ally reason upon thirty (30) days written notice to the other party. Should the Town terminate this agreement, the Conservancy shall be paid for work perfbrmed nnder this agreement up to tile date of t ' ' emlmatlou on a pro- ated basis. This Agreement may be modified only in writing and upon approval by the Town Board pursuant to a duly adopted resolution. 10. This Agreement shall be construed according to the laws of the State of New York. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto. TOWN OF SOUTIIOLD By: Supervisor '/'HE NATURE CONSERVANCY By: Executive Director