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HomeMy WebLinkAboutGoldsmith Inlet Tidal Prism StudyRESOLUTION 2011-613 ADOPTED DOC ID: 7087 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-613 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 30, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Cornell Cooperative Extension of Suffolk County in connection with conducting a Tidal Prism Study of Goldsmith Inlet to further support the ongoing efforts by the Town in meeting its water quality goals, at a cost not to exceed $15,000, plus out-of-pocket expenses for mileage, postage, photocopying, etc., subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Russell THIS AGREEMENT made and entered into this ~//-9 ,2012 by and between Town of Southold (hereinafter referred to as "Town"), a municipal corporation organized and existing under and by virtue of the laws of the State of New York (mailing address: c/o Elizabeth A. Neville, Southold Town Clerk, Town Hall, P.O. Box 1179, Southold, New York 11971), party of the first part, and Comell Cooperative Extension of Suffolk County (hereinafter referred to as "Contractor"), party of the second part. WITNESSETH: That the Town and Contractor, for the consideration named, hereby agree as follows: 1. PURPOSE. The Town hereby retains Contractor, on the terms and conditions set forth hereinafter, for the purpose of conducting a Goldsmith Inlet Tidal Prism Study to further support the ongoing efforts by the Town in meeting its water quality goals as established in the 2006 Total Maximum Daily Load for Pathogens. 2. SPECIFIC SERVICES. Within 24 months after the execution of this agreement, Contractor shall prepare and deliver to the Town for use by the Town a report titled "Goldsmith Inlet Tidal Prism Study". The specific scope of work and information to be included in these plans is attached as Exhibit 1 dated May 17, 2011. In consultation with designated officials/employees of the Town, and following the submittal to the Contractor by the Town of one round of compiled comments from all parties, Contractor shall draft and deliver to the Town requested revisions to the report titled "Goldsmith Inlet Tidal Prism Study". The Contractor must ensure that all materials printed, constructed, and/or produced acknowledge the contributions of the County of Suffolk Capital Fund herein referred to as the "Department" to the project. The Contractor must submit to the Town all required products, The Contractor shall submit: Draft products: two paper copies of each product. Final products: two paper copies of each product. In addition, all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in Adobe® Acrobat® Portable Document Format - PDF), created using 300 dpi scanning resolution, and be submitted on a labeled CD-R type CD. The CD must be labeled with the Contractor name, contract #, and project title. Professional Services Contract July, 201 t Town of Southold Tidal Prism Study Goldsmith Inlet 3. TIME AND ATTENDANCE; COOPERATION BY THE TOWN. Contractor shall perform the services described herein and attached hereto in as expeditious a manner as is reasonably possible and with due consideration of the time requirements of the Town and goals established in Exhibit 1. A copy of this agreement is attached hereto as Exhibit 1. The Town recognizes that the timing of the performance of Contractor's services may be affected by previous commitments to other clients (including the delivery of promised services and work product and previously scheduled meetings), and situations normally and traditionally deemed to be matters influenced by the weather, strikes, or power outages. The Town agrees to cooperate with Contractor, as needed, and to provide Contractor with copies of any records, documents and other information needed for performance of this agreement on a timely basis. The Town further agrees to provide Contractor with access to appropriate officials and/or employees of the Town, as may be needed in the performance of the agreement. Moreover, both parties understand and agree that mutual accountability and responsiveness is critical to the successful completion of the project, and therefore both shall always use their best faith efforts to be accountable and promptly responsive to each other. 4. COMPENSATION. In payment for the services to be performed hereunder by Contractor, the Town shall make payments to Contractor as follows: (a) For the services to be performed by Contractor pursuant to paragraph 2 hereof, the Town shall pay Contractor the sum of $15,000.00 dollars. Payments shall be made quarterly. Contractor shall send the Town a signed voucher for such compensation. Such voucher shall be due and payable within 45 days after receipt of such voucher, but such stun shall not be due and payable by the Town until the Town Board of the Town has received such a voucher and has audited and approved for payment the signed voucher to be submitted by Contractor in connection therewith. The Town Board shall process any vouchers received from Contractor as expeditiously as possible. In the event that the Town disputes or objects to any portion of any voucher submitted by Contractor pursuant to this paragraph, the Town shall, within 30 days of the receipt of such voucher, notify Contractor in writing of such dispute or objection. Contractor acknowledges that Contractor is familiar with the requirements of section 118 of the Town Law which, in effect, prohibit payment of any of Contractor's claims against the Town unless an itemized voucher therefore shall have been presented to the Town Board or Town Comptroller and shall have been audited and allowed by the Town Board or Town Comptroller. Product: Vouchers sent to Planning Department. 5. REIMBURSEMENT FOR EXPENSE. For Contractor services performed, the Town shall reimburse Contractor for Contractor's actual out-of-pocket expenses for the following items, and for no other items: (a) mileage at the Professional Services Contract July, 2011 Town of Southold Tidal Prism Study Goldsmith Inlet -2- Internal Revenue Service mileage rate in effect at the time of the billing (55.5 cents per mile on the date of this agreement), (b) postage, (c) photocopying expenses at a cost not to exceed [$. 15] per copy, (d) expedited or overnight delivery service charges, (e) long-distance telephone charges, and (f) any other reasonably necessary expenses directly related and attributable to the fulfillment of this engagement. Contractor's requests for expense reimbursement shall be included in Contractor's vouchers at actual cost, with no markup. Contractor's requests for expense reimbursement shall be subject to the voucher auditing and approval requirements set forth in paragraph 4 hereof. 6. TERM OF AGREEMENT; TERMiNATION. This agreement shall be for a period of 24 months commencing on the date set forth at the top of page 1 of this agreement, provided, however, that this agreement shall terminate immediately in the event that (a) Contractor dies; (b) Contractor incurs a disability which makes Contractor unable to perform the services which Contractor is required to perform hereunder; (c) Contractor files a Petition in Bankruptcy Court or a Petition is filed against Contractor in Bankruptcy Court, or Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; or (d) a Receiver or Liquidator is appointed for Contractor and/or Contractor's property 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. In the event that Contractor refuses or fails to provide the services required hereunder with due diligence, or fails to make prompt payment to persons supplying labor for Contractor's services hereunder, or refuses or fails to comply with applicable statutes, laws or ordinances, or is guilty of a substantial violation of any provision of this agreement, the Town shall send Contractor written notice that Contractor has 20 days to cure said default; and if, at the end of said 20-day period, Contractor has not cured said default, the Town may then terminate this agreement on 7 days' prior written notice to Contractor. All claims, disputes and other matters in question arising out of, or relating to, the provisions of paragraph 6 of this agreement shall be decided by arbitration in Suffolk County, New York, in accordance with the rules then prevailing of the American Arbitration Association. The award rendered by the arbitrators shall be final and binding, and judgment may be entered upon it and enforced in any court of competent jurisdiction. 7. SKILLS OF CONTRACTOR; CONFLICTS OF INTEREST. Contractor represents that Contractor has the requisite skills and experience to perform the services hereunder. 8. INDEPENDENT CONTRACTOR STATUS OF CONTRACTOR. Contractor and the Town agree that in the performance of Contractor's services hereunder, Contractor is an independent Contractor and shall not be deemed to be an employee or agent of the Town for any purpose whatsoever. 9. PROHIBITION AGAINST ASSIGNMENT. Contractor is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this agreement or his right, title or interest in this agreement. Town of Southold Tidal Prism Study Goldsmith Inlet -3- Professional Services Contract July, 2011 10. COMPLIANCE WITH STATUTES. Contractor agrees that Contractor will comply with all statutes, ordinances, local laws, codes, rules and regulations which are or may be applicable to Contractor's services, activities and duties set forth in this agreement. 11. NOTICES. Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: To Town: Elizabeth A. Neville, RMC, CMC Southold Town Clerk PO Box 1179 Southold, NY 11971-0959 To Contractor: Cornell Cooperative Extension of Suffolk County 423 Griffing Avenue, Suite 100, Riverhead, NY 11901-3071 12. WAIVER. No waiver of any breach of any condition of the Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect 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. 13. APPLICABLE LAW. This Agreement is governed by the laws of the State of New York. 14. COMPLETE AGREEMENT; MODIFICATION. This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. 1N WITNESS WHEREOF, the Town of Southold has caused its corporate seal to be affixed hereto and these presents to be signed by Scott A. Russell, its Supervisor, duly authorized to do so, and to be attested to by Elizabeth A. Neville, Town Clerk, and the Contractor has caused its Professional Services Contract July, 201 l Town of Southold Tidal Prism Study Goldsmith Inlet -4- corporate seal to be affixed hereto and these presents to be signed by its President, the day and year first above written. (Seal of the Town of Southold) Attest: By: · Elizabel~. Neville, Town Cle~[ .... Town of Southold By: ~ Sc&~ A Russefl', Supervisor STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On this/7 day of :ffwb , in the year 20/2. before me, the subscriber, personally appeared Scott A. Russell who, being by me duly sworn, deposes and says: That he is the Supervisory of the Town of Southold (the "Town"), the municipal subdivision of the State of New York named in and which executed the above and within Instrument; that he knows the seal of said Town and that the seal affixed to said Instrument is the seal of the Town; that it was so affixed by the order of the Town Board of the Town, and that he signed his name thereto by like order; And on the same day before me personally came and appeared Elizabeth A. Neville, Clerk of the Town of Southold, who, being by me duly sworn, deposes and says: that she is the Clerk of the Town; that she knows the seal of said Town; that it was affixed to said Instrument is the seal of the Town; that said Scott A. Russell is the Supervisor of the Town and that the signature on said instrument is the signature of said Scott A. Russell, as Supervisor. ~3 uffolk County · NO, 0 ,,her 31,20/~ Tern: ~: Notary Public / Cornell Cooperative Extension of Suffolk County Tax 1D0 11-6081424 Name: Vito A. Minei Position: Executive Director Professional Services Contract July, 2011 Town of Southold Tidal Prism Study Goldsmith Inlet -5- STATE OF NEW YORK) ) SS.: On the/54~day of ~4(- in the year 20/~2 before me, the undersigned, a notary public in and for sa~id state, personally appeared't/V, rv ~ A~'J , 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/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. Notary Public Christine M. Christie Notary Public, State of New York 01 CH6125800 Qualified in Suffolk County Commission Expires 4/25/20 [_.-5 Professional Services Contract July, 2011 Town of Southold Tidal Prism Study Goldsmith Inlet Goldsmith Inlet Tidal Prism Study Proposal Submitted by: Lome Brousseau Marine Program Comell Cooperative Extension of Suffolk County 423 Griffing Avenue, Suite 100 Riverhead, NY 11901 Prepared for the Town of Southold May 17th, 2011 Professional Services Contract July, 2011 Town of Southold Tidal Prism Study Goldsmith Inlet -7- BACKGROUND The rate of flushing of Goldsmith Inlet (Gl) is an important factor in managing water quality. Sand and silt has settled within parts of the inlet thereby potentially decreasing the degree of tidal exchange. The reduced flushing could serve to decrease the water quality since pollutants resulting from storm water runoff, septic systems and wildlife may be less effectively diluted and flushed out. An effective way to determine if an inlet is restricting tidal flow is to conduct a tidal prism study. Automated water level logging devices (leveloggers) which accurately measure depth can be deployed on both ends of the channel to determine if there are any restrictions. If a channel is restricting flow, the levelogger inside a waterbody such as Gl will demonstrate decreased tidal amplitude and/or have a different temporal pattern of high levels (associated with high tides). Leveloggers could also be employed at other locations within Gl to determine if there are other areas which restrict flushing of the distant sections (e.g. southern end of Gl). In addition, loggers can measure additional parameters such as temperature and salinity. This information can be used to help assess flushing issues or to examine the impacts of rainfall events on a waterbody. All instruments can be deployed long term in order to assess seasonal or storm related changes. Cornell Cooperative Extension of Suffolk County (CCE) is in a unique position to immediately assist the Town of Southold in conducting a tidal prism study for Gl. CCE's Marine Program has an established record of expertise in water quality studies, and has conducted tidal prism studies in a number of previous efforts. Examples of completed studies conducted in the Town of Southold include: Goldsmith Inlet Tidal Prism Proof of Concept - Conducted in 2010, CCE conducted preliminary tidal prism work at Gl to ensure that leveloggers could successfully be deployed at both ends of the inlet. The preliminary work was short term and did not look at the impacts of storms or seasons. It also did not look at temperature and salinity changes over time. Broad Meadow Salt Marsh Restoration - Over a period of 2 years (2001-2003), CCE conducted a comprehensive tidal prism study to assess tidal restriction in an impounded salt marsh in Orient Point, Southold. Cassidy Preserve Salt Marsh Restoration - In 2000-2001, parts of the Cassidy Preserve located on Hashamomuck Pond we're regraded to restore natural salt water wetlands. Tidal prism analyses were conducted before and after the restoration to assess changes in tidal flushing. SCOPE OF WORK Task 1 - Establish Monitoring Stations Conduct field survey to determine ideal/suitable sites for monitoring stations. Acquire and calibrate equipment, install stations at designated sites. Four (4) stations will be established in Gl for the duration of the study. There will be I station on each end of the inlet (e.g. on western jetty in Long Island Sound and somewhere just inside of the actual inlet). There will also be 2 stations placed in other areas of Gl (e.g., i at the southern end and one in the northeastern corner). All 4 stations will have a logger which continually records water level. In addition, 2 loggers which continually monitor salinity and temperature will also be deployed at 2 of the 4 monitoring stations. Professional Services Contract July, 2011 Town of Southold Tidal Prism Study Goldsmith Inlet -8- Stations will be deployed in the summer through fall of 2011. If deemed necessary in order to obtain additional data, stations will be redeployed in the spring of 2012. Task 2 - Station Maintenance All stations will be maintained once every 2 weeks for the first 2 months of the study. For the remainder of the study the stations will be maintained once per month. Station maintenance includes replacing cabling if necessary and downloading data from the leveloggers and salinity/temperature loggers. Task 3 - Data Analysis Analyze all levelogging data to determine ifand where tidal restrictions exist. Seasonal and storm related phenomena will also be examined to determine the impact to tidal flushing. It should be noted that although this methodology will determine the presence and relative severity of a restriction, it will not quantify the extant of the restriction. In order to determine how much bigger an inlet would have to be to eliminate a restriction, a more detailed hydrologic analysis will need to be conducted which is beyond the scope of this study. Data from salinity/temperature loggers will also be analyzed to assess tidal flushing and impacts of storm events. Professional Services Contract July, 2011 Town of Southold Tidal Prism Study Goldsmith Inlet -9- BUDGET The project will not exceed an amount of $15,000. A proposed budget breakdown is provided at the end of the proposal. CCE will bill the Town of Southold quarterly for expenses incurred in the respective invoice period. Payment is due within 30 days from receipt of invoice. Payment to CCE of invoiced expenses will not be contingent on the Town of Southold first getting reimbursed by another contract agency for services performed (e.g. Suffolk County). Personnel Project Management Field Technicians Support Staff Workers Compensation Unemployment Insurance Contracting Surveying Equipment and Supplies Field and Office Travel Vehicle Mileage $2,000.00 $2,200.00 $1,956.52 $44.33 $307.83 $1,000.00 $6,491.33 $1,000.00 Total: $15,000.00 Professional Services Contract July, 2011 Town of Southold Tidal Prism Study Goldsmith Inlet -10-