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HomeMy WebLinkAboutGoldsmith Inlet Coliform EnumerationRESOLUTION 2012-172 ADOPTED DOC ID: 7619 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-172 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 14, 2012: 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 Southoid and Cornell Cooperative Extension of Suffolk County in connection with conducting a Goldsmith Inlet Coliform Enumeration and DNA Source Tracking to further support the oneoing efforts by the Town in meeting its water quality goals, at a cost not to exceed $28,000, 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 [5 TO 0] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Evans, Russell ABSTAIN: Albert Krupski Jr. ORIGINAl. THIS AGREEMENT made and entered into this ~ 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 Cornell 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 Coliform Enumeration and DNA Source Tracking 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 Coliform Enumeration and DNA Source Tracking Study". The specific scope of work and information to be included in these plans is attached as Exhibit 1 dated January 10, 2012. 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, 2011 Town of Southold Tidal Prism Study Goldsmith Inlet -1- 3. TIME AND ATTENDANCE; COOPERATION BY THE TOWN. Contractor shall perform the services described heroin 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 $28,000.00 dollars. Payments shall be made quarterly. Contractor shall send the Town a signed voucher for such compensation. Such voucher shall be due and payable within 45 days after receipt of such voucher, but such sum shall not be due and payable by the Town until the Town Board of the Town has received such a voucher and has audited and approved for payment the signed voucher to be submitted by Contractor in connection therewith. The Town Board shall process any vouchers received from Contractor as expeditiously as possible. In the event that the Town disputes or objects to any portion of any voucher submitted by Contractor pursuant to this paragraph, the Town shall, within 30 days of the receipt of such voucher, notify Contractor in writing of such dispute or objection. Contractor acknowledges that Contractor is familiar with the requirements of section 118 of the Town Law which, in effect, prohibit payment of any of Contractor's claims against the Town unless an itemized voucher therefore shall have been presented to the Town Board or Town Comptroller and shall have been audited and allowed by the Town Board or Town Comptroller. Product: Vouchers sent to Planning Department. 5. REIMBURSEMENT FOR EXPENSE. For Contractor services performed, the Town shall reimburse Contractor for Contractor's actual out-of-pocket expenses for the following items, and for no other items: (a) mileage at the Professional Services Contract July, 2011 Town of Southold Tidal Prism Study Goldsmith Inlet -2- Intemal Revenue Service mileage rate in effect at the time of the billing (55.5 cents per mile on the date of this agreement), (b) postage, (c) photocopying expenses at a cost not to exceed [$. 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 off 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 roles 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. Professional Services Contract July, 2011 Town of Southold Tidal Prism Study Goldsmith Inlet -3- 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: Comell 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, 2011 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: Elizabe~ A. Nevil~,~o~n Clerk Town of Southold cott . ussell, Supervisor STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) On this .9_~ day of ~b~u,~',,J , in the year 20 ,~ 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. - 0 Notary Public LYNDA M. ~ NOTARY PUBLIC, State of New York No. 01BOg020932 Qualified in Suffolk County~ Term Exp,les ' , : ¢. ,> 13 Town of Southold Tidal Prism Study Goldsmith Inlet -5- Professional Services Contract July, 2011 Cornell Cooperative Extension of Suffolk County Tax ID# 11-6081424 Name: Charles F. Scheer Jr. Position: President B~ard ~f Directors STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) On the Z~_~day of ~.~', I in the year 20ii, before me, the undersigned, a notary public in and for said state, ~:sonally appeared {~.¢a~l~ F- C~.h/~¢( T'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 instnunent, the individual or the person upon whose behalf of which the individual acted, executed the instrument. DANA MEYRAN Notary Public, StYe of New York No, 01ME6246851 Qualified In Suffolk County Commission Expires Aug 15, 20~)~' Lc4 ~ Not~ P~blic Professional Services Contract July, 2011 Town of Southold Tidal Prism Study Goldsmith Inlet -6- Goldsmith Inlet Coliform Enumeration and DNA Source Tracking Submitted by: Lome Brousseau Marine Program Comell Cooperative Extension of Suffolk County 423 Oriffing Avenue, Suite 100 Riverhead, NY 11901 Prepared for the Town of Southold January l0th, 2012 Professional Services Contra~t July, 2011 Town of Southold Tidal Prism Study Goldsmith Inlet BACKGROUND Goldsmith Inlet is a valuable ecosystem which has previously supported wildlife, shellfishing, swimming, boating and fishing. Unfortunately its health has been declining as a result of decreased tidal flushing and increased inputs of pollutants such as coliform bacteria. Due to the ecological value the Inlet is included in the Town of Southold Local Waterfront Revitalization Program (LWRP). In addition, the Environmental Protection Agency has officially designated Goldsmith Inlet as a Total Maximum Daily Load (TMDL) ama; and requires that there be a 91% reduction in fecal coliform bacteria in order to meet water quality standards. An effective way to assess coliform bacteria inputs is through a water quality monitoring program. Multiple monitoring stations are periodically sampled, and the concentration of coliforms is determined throu§h standard enumeration techniques. These studies often determine the extent of the coliform pollutant problem, but they are not able to determine the source of the pollutants. It has been determined, however, that there are detectable differences in DNA for coliforms which originate from different hosts. Cornell Cooperative Extension of Suffolk County (CCE) has created a fecal coliform DNA library which is specific to Long Island. By running coliform samples through the library, it can be determined if the sample likely originated from humans or other potential sources such as birds, domestic animals, or other wildlife. In some cases, even the host species (e.g. Canada Goose) can be identified. Once the potential source of the coliforms is identified, it makes the task of remediating the waterbody significantly easier. Cornell Cooperative Extension of Suffolk County (CCE) Is in a unique position to immediately assist the Town of Southold in conducting a Coliform Enumeration and DNA Source Tracking Study for Goldsmith's Inlet. CCE's Marine Program has an established record of expertise in water quality studies, and has conducted similar studies in a number of previous efforts. With respect to DNA source tracking, CCE is the only source of this technology in New York State, providing a unique opportunity for local bacterial source tracking efforts. Examples of related studies include: Town of Huntineton Coliform Loadine - Conducted in 2009-2010, CCE monitored over 50 out'falls in Huntington, Cold Spring, Centerport and Northport Harbors. Outfalls we're monitored during Spring, Summer and Fall for the purpose of determining which outfalls contributed the greatest loading of coliforms. Samples collected from outfalls with particularly high concentrations of coliforms we're run through the DNA source library to determine the probable source of the coliforms. Illicit Discharee Detection and Elimination IIDDE) - CCE has assisted municipalities in monitoring outfalls as part of their stormwater management efforts. Monitoring has included both coliform enumeration and in some cases DNA source tracking. In the previous 4 years, CCE has assisted the following municipalities: Suffolk County, Town of Huntington, Town of Brookhaven, Town of Islip, and the Village of Northport. Lake Montauk Coliform Loadine- Conducted in 2009-20:11, CCE has monitored all major stormwater inputs to determine the greatest source of coliform loading. This includes 24 hour monitoring at select sites in order to assess the impact of a storm event. Professional Services Contract July, 201 ! Town of Southold Tidal Prism Study Goldsmith Inlet -8- SCOPE OF WORK Task ~ - Establish Monitoring Stations. Assess Goldsmith Inlet conditions to determine ideal/suitable location for monitoring stations. Stations will be comprised of locations in the Inlet waterbody, as well as Inputs such as outfall pipes. There will be approximately 15 stations. .Task 2 - Conduct Coliform Enumeration. Collect samples to be used for coliform enumeration. Sampling will be conducted approximately lO times, looking at variables such as seasonality and impact of rain events. There will be approximately 150 samples collected and enumerated. The laboratory will also determine nitrogen and phosphorus concentrations for the collected samples. Task 3 - Conduct DNA source tracking. Based on coliform enumeration results, determine suitable places to collect samples for DNA source tracking. Approximately 12 samples, to be selected by the Town of Southold, will be run through the DNA library. Task 4 - Data Analysis/Report: Analyze all enumeration and DNA source tracking data to help identify extent and source of coliform inputs. Draft a summary report detailing the study findings. Professional Services Contract July, 2011 Town of Southold Tidal Prism Study Goldsmith Inlet -9- BUDGET The project will not exceed an amount of $28,000. 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. Personnel Project Management Field/lab Technicians Support Staff Workers Compensation Unemployment Insurance Equipment and Supplies Field, Office and Lab Travel Vehicle Mileage $5,000.00 $10,400.00 $3,652.17 $137.18 $952.61 $6,858.05 $1,000.00 Total: $28,000.00 Professional Services Contract July, 2011 Town of Southold Tidal Prism Study Goldsmith Inlet -10-