HomeMy WebLinkAboutBeach Dependent Species Management ProgramSouthold Town Board - Letter Board Meeting of March 12, 2013
RESOLUTION 2013-206
ADOPTED
Item # 5.13
DOC ID: 8622
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-206 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 12, 2013:
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 the
Group for the East End in connection with the Beach-Dependent Species Management Program
in the total amount of $20,000.00 for the term April 1, 2013 through March 31, 2015, with
automatic renewal option, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southoid Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Scott Russell
SECONDER: Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
Generated March 12, 2013 Page 25
· , " ORIGINAL
THIS IS A CONTRACT BETWEEN THE
GROUP FOR THE EAST END AND THE TOWN OF SOUTHOLD
THE GROUP FOR THE EAST END ACTING AS AN INDEPENDENT CONTRACTOR
(HEREAFTER "CONTRACTOR").
Name of Contractor: GROUP FOR THE EAST END
Address: P.O. Box 1792, 54895 Main Road
Southold, NY 11971
THE TOWN OF SOUTHOLD AND THE CONTRACTOR (collectively, the "Parties" and each a
"Party") AGREE AS FOLLOWS:
The Group for the East End will conduct a beach-dependent species management program providing staff,
equipment and tools.
· Town of Southold will compensate Group for the East End.
· Group for the East End will hire seasonal steward(s) to locate, post, fence, and monitor beach
nesting birds at NYS DEC designated sites within the Town of Southold as listed in Appendix l,
and purchase equipment necessary for the monitoring and management of beach nesting birds.
· All equipment purchased must be approved by the Town of Southold prior to purchase.
· Group for the East End will conduct monitoring at additional sites potentially requiring dredging
as designated by the Southold Town Board of Trustees and listed in Appendix 2.
· Group for the East End will utilize compensation from the Town of Southold to hire at least one
seasonal steward by April I st each season.
· Group for the East End will conduct additional monitoring of specific sites if requested by the
Town of Southold for the purposes of permits, dredging, construction, beach nourishment, public
complaints, etc., such monitoring to be completed within four days of the request.
· Fencing:
o Prefencing to be kept to sites most likely to be active unless agreed to otherwise by the
property owner.
o Piping Plover exclosuras to be removed within one week of eggs hatching or nest
abandonment.
o Fencing to be removed from active nesting areas within one week of nesting birds no
longer using the areas unless agreed to otherwise by the property owner.
o Fencing to be removed from inactive areas within one week of a determination that birds
are not likely to nest in the area for the current season unless agreed to otherwise by the
property owner. Such areas will be reviewed and considered for no prefencing in future
Seasons.
o Fencing at active sites to be adjusted during the season to account for the actual size of
the nesting areas needed.
· Group for the East End will identify a single Point of Contact (POC).
· POC to provide the Town of Southold with progress reports upon request, and meet with
representative of the Town of Sonthold as needed.
· POC to provide an end of season report of all activities associated with this agreement by
September 15 of each year.
· DEC and/or TNC and/or USFWS will provide pre-, post-, and during-season training and on-site
assistance to advise on management issues, resolve questions regarding the USFWS guidelines,
assist in concise data gathering, and advise on private landowner relations.
If any of thc services are to be performed on land that is not owned by the Town of Southold or the TNC,
the Contractor shall be responsible for obtaining the landownar's prior permission before entering upon
such land.
1. PAYMENTS.
A. Compensation. For all of the services described above and all goods and materials supplied
by the Contractor, the Town of Soutbold shall pay the Contractor a fixed price of $ 20,000.00
B. Terms of Payment. Invoices for services will be presented to the Town of Southold ten days
in advance of payments made to the Contractor in accordance with the payment schedule
above. Southold Town shall pay the Contractor within thirty (30) days after the Town
receives an invoice and accepts the services performed under the Contract.
Down payment: $ 4,000.00
2"d payment: $ 4,000.00
3rd payment: $ 2,000.00
4a' payment: $ 4,000.00
5t~ payment: $ 4,000.00
Final payment: $ 2,000.00
within 10 business days of contract signing or before April 1, 2013
upon receipt of mid-season report due June 14, 2013
upon receipt of end of season report due September 16, 2013
at start of season April 1, 2014
upon receipt of mid-season report due June 16, 2014
upon receipt of end of season report due Scotember 15.2014
Total $ 20,000.00
TERM OF CONTRACT. This Contract shall begin on Aoril 1. 2013. ("Commencement Date") and
shall remain in effect until March 31,2015 ("Expimtinn Date"), or until the work required is
satisfactorily completed, whichever comes first. Any extension beyond the Expiration Date must be in
writing and signed by the Town of Southold. This Agreement will automatically renew for successive
two-year periods unless terminated by either party in writing before March I
PERFORMANCE OF WORK. The Contractor is qualified and willing to perform the services
described above as an independent contractor in accordance with the highest standards of the
Contractor's profession or craft and to the satisfaction of the Town of Southold. The Contractor shall
not be paid for any work found by the Town to be unsatisfactory.
LIABILITY/INSURANCE. The work to be performed under this Contract shall be performed
entirely at the Contractor's risk. The Contractor agrees to indemnify and hold the Town harmless for
any and all liability or loss arising in any way out of the performance of this Contract. The Contractor
shall carry appropriate workers' compensation, hazard and liability insurance coverage written on an
occurrence basis during the term of this Contract. Upon request from the Conservancy, the Contractor
shall have the Town named as an additional insured on the Contractor's policy and provide the Town
with evidence that the appropriate insurance coverage is in effect.
TERMINATION AND REMEDIES. The Town may cancel this Contract at any time upon two
weeks written notice. Should this occur, payment for work satisfactorily completed shall be adjusted
accordingly. In addition, if the Contractor defaults in performance of the Contractor's duties under this
Contract, whether for circumstances within or beyond the control of the Contractor, the Town may
immediately terminate this Contract by written notice to the Contractor. Should termination occur as a
result of the Contractor's default, the Town shall be entitled to damages from the Contractor resulting
from the Contractor's default and shall be entitled to offset any amounts payable to the Contractor for
work satisfactorily completed against such damages. The balance of amounts payable to the
Contractor for work satisfactorily completed, if any, shall be paid to the Contractor. Notice shall be
given to addresses mentioned on Page 1.
INDEPENDENT CONTRACTOR. The Parties intend that an independent Contractor-client
relationship will be created by this Contract. The conduct and control of the work will lie solely within
the purview of the Contractor. The Contractor is not to be considered an agent or employee of the
Town for any purpose, and no joint venture or principal-agent relationship exists. The Contractor and
employees of the Contractor are not entitled to any of the benefits that the Town provides for its
employees. Neither the Town nor the Contractor shall have any right, power, or authority to create any
obligation, expressed or implied on behalf of the other.
The Contractor retains the right to appear before the Town Board, the Southold Town Board of
Trustees, or other Town committees or departments on matters unrelated to the subject matter of this
Agreement.
7. ASSIGNMENT/SUBCONTRACT. The Contractor may not assign or transfer this Contract or
subcontract for the work to be performed without prior written consent of the Town.
OWNERSHIP OF DOCUMENTS AND DATA. All rights, title, and interest to and including the
rights of copyright in any reports, studies, photographs (and negatives), computer programs, drawings,
writings or other similar works or documents, along with all supporting data and material (collectively
the "Works"), produced under this Contract are "works for hire" in accordance with the definition of
that term under the copyright laws of the United States. The Contractor hereby unconditionally assigns,
and at any time in the future upon request shall assign, all rights and interests of any sort, including
without limitation, all copyrights and other intellectual property rights, in and to the Works produced
under this Contract. The Town shall have the sole and exclusive right, title and interest (including
copyright interes0 in the works. Upon request from the Town the Contractor must deliver to the Town
all Works not delivered to the Town under Section 1 "Contractor's Duties". The Contractor may use
the Works for informational purposes only with the prior written approval of the Town and any use of
these materials or data shall include an acknowledgment that the materials or data are the property of
the Town of Southold. The Contractor warrants to the Town that the Contractor shall not infringe the
intellectual property rights of others in the performance of this Contract and agrees to indemnify the
Town and hold it harmless from and against all demands, claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from any action by a third party against the Town
relating to the Works.
Notwithstanding the foregoing, the Contractor shall have the right to use, publish, or dislribute such
reports, photographs, data, or analyses thereof in Group for the East End reports, academic papers and
scientific or academic journals (with or without co-authors) provided that the Contractor shall
acknowledge that funding of these activities was made available from the Town.
CONFIDENTIAL INFORMATION. During the course of the performance of this Contract, the
Contractor may have access to materials, data, strategies, systems, or other information relating to the
Town and its programs, which is intended for internal use only. Any such information acquired by the
Contractor shall not be used, published, or divulged by the Contractor to any person, firm, or
corporation or in any advertising or promotion regarding the Contractor or the Contractor's services, or
in any manner or connection whatsoever without first having obtained the written permission of the
Town, which permission the Town may withhold in its sole discretion.
10.
TAXES. The Contractor agrees to be responsible for any and all filing and payment of taxes and for
compliance with any and all provisions and requirements arising under any applicable tax laws of New
York. Neither federal, nor state, nor local income tax, nor payroll tax of any kind shall be withheld or
paid by the Town on behalf of the Contractor, or employees of the Contractor. If appropriate, the
Town shall report all fees paid to the Contractor to the IRS on Form 1099.
11. OTHER PROVISIONS.
U.S. GOVERNMENT LAWS AND REGULATIONS. The Contractor understands that this Contract
shall be funded by U.S. Government funding and that the Contractor shall be responsible for ensuring that
all work/travel is carried out in compliance with any pertinent regulations and laws including but not
limited to those listed in Attachment 1.
GENERAL PROVISIONS. 1) Appendix A- 43 C.F.R., Part 12; 2) Appendix B - DI-i3590, Civil Rights
Assurance; 3) Appendix C - DI-2010, Certifications Regarding Debarment, Suspension, and Other
Responsibility Mat~ers, Drug-Free Workplace Requirements and Lobbying.
12.
13.
14.
15.
COMPLIANCE WITH LAWS. The Contractor agrees, represents, and warrants that in connection
with any business transaction contemplated by this Contract, the Contractor can lawfully work in the
United States and shall obtain any permits or licenses required and comply with all U.S. laws and
regulations and shall not take any actions that might cause the Conservancy to be in violation of any
U.S. laws and regulations.
CHOICE OF LAW/FORUM. This Contract shall be interpreted, construed and governed by the laws
of New York State except for its rules regarding conflict of laws. In the event of any litigation over the
interpretation or application of any of the terms or provisions of this Contract, Conservancy and
Contractor agree that litigation shall be conducted in NY, U.S.A. The Parties hereby agree that venue
in New York shall be proper and that the Parties are subject or shall make themselves subject to
personal jurisdiction in that court.
BINDING EFFECT/AMENDMENTS. This Contract shall become binding when signed by the
Parties. This Contract supersedes all prior or contemporaneous communications and negotiations, both
oral and written and constitutes the entire Contract between the Parties relating to the work set out
above. No amendment shall be effective except in writing signed by both Parties.
SEVERABILITY. If any provision of this Contract is held invalid, the other provisions shall not be
affected thereby.
GROUP FOR THE EAST END
By: Robert S. DeLuca
Signature
Title: President
Date: 2/28/2013
TOWN OF SOUTHOLD
Print Name/~
S~dture
Title:
ARomey
Approved by:
Date:
By: E-mgiHa~hed~
(E.g. f~ phone/E-mail)
Appendix 1
NYS DEC designated monitoring sites:
Angel Shores
Corey Creek Mouth
Cutchogue Harbor (including Schoolhouse, Wickham, East, Mud Creeks)
Downs Creek
Goldsmith Inlet (Goldsmith's Beach)
Goldsmith Inlet (Kenneys-McCabes)
Goose Creek Southold Bay
Gull Pond
Hashamomuck Beach (Town Beach)
James Creek
Jockey Creek Spoil Island (Town & Jockey Creek mouths)
Kimogener Point (West Creek)
Little Creek
Little Hog Neck (Nassau Point)
Marratooka Point (Deep Hole Creek)
Mattimck Inlet (Breakwater & Bailey Beaches)
Port of Egypt (island)
Richmond Creek
Appendix 2
Southold Board of Trustees potential dredge sites:
Brushes Creek
Halls Creek
Cedar Beach Creek
Stifling Harbor
Goldsmith's Inlet (including County Park)