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HomeMy WebLinkAboutNYS Office of Parks motorized boat use by Town - PRELIMINARYRESOLUTION 2009-968 ADOPTED DOC ID: 5546 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-968 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 15, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Intergovernmental Agreement between the Town of Southold and New York State Office of Parks, Reereation~ and Historic Preservation regarding the NYS Office of Parks allowing the Town to use a State-owned motorized boat for marine law enforcement purposes, at no cost to the Town, subject to the approval of the Town Attorney. Elizabeth A. Neville Southoid Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincem Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell ORIGINAL INTERGOVERNMENTAL AGREEMENT This Agreement is entered by and between the Town of Southold (hereinafter, the "Town") acting on the behalf of the Town of Southold Police Department, having its office at 5309 Route 25, P.O. Box 1179, Southold, New York 11971 (hereinafter, the "Department"), and New York State Office of Parks, Recreation, and Historic Preservation, having an office at Empire State Plaza - Agency Building 1, Albany, New York 12238 (hereinafter, the "State"). The Town, the Department and the State shall also be known each individually as a "Party" or collectively as the "Parties." WITNESSETH: WHEREAS, the State wishes to allow the Department to use, and the Department wishes to use a State-owned motorized boat for marine law enforcement purposes; and WHEREAS, the Town and the State wish to enter into an Intergovernmental Agreement to set forth the terms and conditions under which the above arrangement is to be conducted. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Provision of Equipment. a) The State agrees to allow the Department to use (1) Boston Whaler dual outboard-driven patrol boat with trailer (WCG00025J910) & (42XBG26219H 113220) for marine law enforcement purposes. Such Equipment shall at all times remain the property of the State and shall at no time be or become the property of the Department or the Town. b) The provision of the Equipment under this Agreement shall continue only until such time as the Department ceases to use the Equipment for maritime law enforcement patrol purposes. The Department shall notify the State when the Department has ceased using the Equipment for marine law enforcement purposes. When such cessation occurs, the Equipment shall be returned to the State. The terms of this subsection shall survive the termination of this Agreement. 2. Term. This Agreement shall commence upon execution of this Agreement by all parties and shall terminate at such time as the Department ceases to use the Equipment for marine law enforcement purposes. 31 Responsibilities of the Parties. a) The Town shall maintain the Equipment such that it remains in good working order, ordinary wear and tear excepted. b) The State does not make any representations as to the condition of the Equipment as of the time it is delivered to the Town. The Department agrees to defend, indemnify and hold harmless the State for any injuries to persons or property which results from the use of the Equipment. 4. Cost. The Parties agree that the Town shall receive the Equipment at no cost to the Town. Termination. This Agreement may be terminated by either party upon at least thirty (30) days written notice to the other party. Upon the termination of this Agreement, the Town shall return the Equipment to the State. 6. Amendments. This Agreement may be modified or amended by written agreement between the Parties. **Signature page follows** IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC TOWN OF S07OLD By:~ Name: scott A. Russell Title: Supervisor Date: