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HomeMy WebLinkAboutColiform DNA Tracking for West, Wickham & East Creeks 9®~ RESOLUTION 2013-481 ADOPTED DOC ID: 8897 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2013-481 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18, 2013: RESOLVED that the Town Boazd 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 Coliform Enumeration and DNA Source Tracking for West, Wickham and East Creeks, to further support the ongoing efforts by the Town's Local Waterfront Revitalization Program, at a cost not to exceed $10,498.29, plus out-of-pocket expenses for postage, photocopying, etc., subject to the approval of the Town Attorney. e.Q Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell ORIGINAL THIS AGREEMENT made and entered into this ~ day of Ju~~t, 2013 by and between the 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, P.O. Box 1179, Southold, New York 11971-0959), party of the first part, and Cornell Cooperative Extension of Suffolk County with an address at 423 Griffing Avenue, Suite 100, Riverhead, New York 11901-3071 (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 Coliform Enumeration and DNA Source Tracking for West, Wickham and East Creeks to further support the ongoing efforts by the Town of Southold's Local Waterfront Revitalization Program (LWRP). 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 "Coliform Enumeration and DNA Source Tracking for West, Wickham and East Creeks". The specific scope of work and information to be included in these plans is attached as Exhibit 1 dated March 29, 2013. 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 "Coliform Enumeration and DNA Source Tracking for West, Wickham and East Creeks". 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. 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 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 will use their best faith efforts to be accountable and promptly responsive to each other. 4. COMPENSATION. In payment for the services satisfactorily performed hereunder by Contractor, the Town will make payments to Contractor as follows: For the services to be performed by Contractor pursuant to paragraph 2 hereof, the Town will pay Contractor up to $10,498.29 dollars. Payments may be made quarterly. Contractor will send the Town a signed voucher for such compensation. Such sum shall not be due and payable by the Town until the Town Board of the Town has received such voucher and has audited and approved for payment the signed voucher to be submitted by Contractor in connection therewith. In the event that the Town disputes or objects to any portion of any voucher submitted by Contractor, 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, prohibits 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 approved by the Town Board or Town Comptroller. 5. REIMBURSEMENT FOR EXPENSE. For Contractor services performed, the Town will reimburse Contractor for Contractor's actual out-of-pocket expenses for the following items, and for no other items: (a) mileage at the Internal Revenue Service mileage rate in effect at the time of the billing (55.5 cents per mile on the date of this Agreement not to exceed $200.00), (b) postage, (c) photocopying expenses at a cost not to exceed [$.1 S] 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 incurs a disability which makes Contractor unable to perform the services which Contractor is required to perform hereunder; (b) 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 (c) 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 upon written notice to Contractor. 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 its right, title or interest in this Agreement. 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. I1. 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 c/o Shellfish Advisory Committee PO Box 1179 Southold, NY 11971-0959 To Contractor: Cornell Cooperative Extension of Suffolk County 423 Griffing Avenue, Suite 100 Riverhead, NY 11901-307] 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. Town of Southold By: Scott .Russell, Supervisor Cornell Cooperative Extension of Suffolk County By: ~ ~~2~ Vito A. Minei, Executive Director STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) On the 9 day of_ in the year 2013 before me, the undersigned, personally appeazed ~/nv yl;,~~; ,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/het• signature on the instument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. r Notg i3~ i ~6f Now York STATE OF NEW YORK) OlCH6123800 ss.: Qualified in Suffolk County COUNTY OF SUFFOLK) CornmissionBxpiroe4J23/20.,(Z On the~Q day of m the year 2013 before me, the undersigned, personally appeared Scott A. Russell, 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 executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. 111 t n "111 . ~N~dA{'1 Notary Public lAl1REN M. dTANDI3N 11o1My ~ a o~Pleer Yak CwBflsd in Suffolk Cou Canmission Expires Ap~Y 0. 20fi RESOLUTION (ID # 8832) ABANDONED DOC ID: 8832 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. (ID # 8832) WAS ABANDONED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 21, 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 Cornell Cooperative Extension of Suffolk County in connection with conducting a Coliform Enumeration and DNA Source Tracking for West, Wickham and East Creeks, to further support the ongoing efforts by the Town's Local Waterfront Revitalization Program, at a cost not to exceed $10,498.29, plus out-of-pocket expenses for postage, photocopying, etc., subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk ~~v\CSOYlec.1 ~2r LpY~ ~JIS2. ~De ~~o_ced Or (0118'l3 INee.~-'~~nc~ Extension Education Center Cornell University 423 Griffing Avenue, Suite I00 Cooperative Extension Riverhead, New York 11901-3071 of Suffolk County f. 631.727.7830 June 10, 2013 Elizabeth A. Neville, RMC, CMC Southold Town Clerk C/o Shellfish Advisory Committee PO Box 1179 Southold, NY 11971 Re.: Coliform Enumeration and DNA Source Tracking for West, Wickham, and East Creeks Dear Ms. Neville: Enclosed please find two signed and notarized contracts for the above-mentioned project. Please forward one fully executed contract to my attention. Should you require anything further, please feel free to contact me. Sincerely, C~4.9 t~ ~°.C~-~ ~ Laura Reiser Grants Assistant Cornell Cooperative Extension in Suffolk County provides equal program and employment oppor[uoities. _ THIS AGREF,MENT' made and entered into this _ day of June, 2013 by and between the 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, P.O. Box 1179, Southold, New York 11971-0959), party of the first part, and Cornell Cooperative Extension of Suffolk County with an address at 423 Griffing Avenue, Suite 100, Riverhead, New York 11901-3071 (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 Coliform Enumeration and DNA Source Tracking for West, Wickham and East Creeks to further support the ongoing efforts by the Town of Southold's Local Waterfront Revitalization Program (LWRP). 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 "Coliform Enumeration and DNA Source "Tracking for West, Wickham and East Creeks". The specific scope of work and information to be included in these plans is attached as Exhibit 1 dated March 29, 2013. 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 "Coliform Enumeration and DNA Source Tracking for West, Wickham and East Creeks". The Contractor must submit to the 'T'own 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. 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 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 will use their best faith efforts to be accountable and promptly responsive to each other. 4. COMPENSATION. In payment for the services satisfactorily performed hereunder by Contractor, the Town will make payments to Contractor as follows: For the services to be performed by Contractor pursuant to paragraph 2 hereof, the Town will pay Contractor up to $10,498.29 dollars. Payments may be made quazterly. Contractor will send the Town a signed voucher for such compensation. Such sum shall not be due and payable by the Town until the Town Board of the Town has received such voucher and has audited and approved for payment the signed voucher to be submitted by Contractor in connection therewith. In the event that the Town disputes or objects to any portion of any voucher submitted by Contractor, 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 ] 18 of the Town Law which, in effect, prohibits 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 approved by the Town Board or Town Comptroller. 5. REIMBURSEMENT FOR EXPENSE. For Contractor services performed, the Town will reimburse Contractor for Contractor's actual out-of-pocket expenses for the following items, and for no other items: (a) mileage at the Internal Revenue Service mileage rate in effect at the time of the billing (55.5 cents per mile on the date of this Agreement not to exceed $200.00), (b) postage, (c) photocopying expenses at a cost not to exceed [$.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 incurs a disability which makes Contractor unable to perform the services which Contractor is required to perform hereunder; (b) 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 (c) 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 upon written notice to Contractor. 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 its right, title or interest in this Agreement. 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 c/o Shellfish Advisory Committee PO Box 1179 Southold, NY 11971-0959 To Contractor: Cornell Cooperative Extension of Suffolk County 423 Griffing Avenue, Suite 100 Riverhead, NY 1 1 901-3071 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. ]3. APPLICABLE LAW. This Agreement is governed by the laws of the State of New York. 14. COMPLETE AGKEEMENT; 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. Town of Southold >3y: Scott A. Russell, Supervisor Cornell Cooperative Extension of Suffolk County gy; ~/.~ts ~,%1~~~ Vito A. Minei, Executive Director STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) On the _ day of in the year 2013 before me, the undersigned, personally appeared 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 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) On the L day of in the year 2013 before me, the undersigned, personally appeared Scott A. Russell, 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 executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. Notary Public bANA MIEYtIAN Notary Public, State of New York No. 01 ME8246851 ~ualifled in Suffolk County Commission Expires Aug 15, 20~'-S West Creek, Wickham Creek, East Creek Coliform Enumeration and DNA Bacterial Source Tracking Submitted by: Scott Curatolo-Wagemann Marine Program Cornell Cooperative Extension of Suffolk County 423 Griffing Avenue, Suite 100 Riverhead, NY 11901 Prepared for the Town of Southold March 29, 2013 BACKGROUND West Creek, Wickham Creek and East Creek are of significant ecological and economic value since they support wildlife, shellfishing, swimming, boating and finfishing. Unfortunately, the water quality in these creeks has been impacted by pollutants such as coliform bacteria. Due to their ecological value these creeks have been included in the Town of Southold Local Waterfront Revitalization Program (LWRP). An effective way to assess the impact of coliform bacteria is through a water quality monitoring program. Multiple monitoring stations are established in each creek and periodically sampled, and the concentration of coliforms is determined through standard enumeration techniques. These studies are effective at demonstrating the extent of the coliform pollutant problem, but they are not able to identify 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 managing the source of pathogens 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 the creeks of West, Wickham and East. 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 group employing this technology in New York State, providing a unique opportunity for local bacterial source tracking. Examples of related studies include: Town of Huntington coliform Loading -Conducted in 2009-2010, CCE monitored over 50 outfalls 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. Lake Ronkonkoma- Conducted in 2005, CCE monitored 3 stations on the Town of Brookhaven side of Lake Ronkonkoma during dry and during storm events. Monitoring included both coliform enumeration and DNA source tracking. Illicit Discharge Detection and Elimination (IDDE) -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 Loading -Conducted in 2009-2011, 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. SCOPE OF WORK Task 1-Educational Outreach. Provide educational outreach regarding stormwater and water quality to the Town of Southold. DNA testing will educate the Town with respect to what the source of pathogen pollution is therefore allowing them to properly focus future remediation and/or management efforts Task 2 -Establish Monitorine Stations. Assist Shellfish Advisory Committee with developing a sampling protocol far the 3 creeks (West Creek, Wickham Creek and East Creek. Task 3 -Conduct coliform Enumeration. As part of the study, samples collected will be enumerated for coliform bacteria. Sampling will concentrate on wet weather conditions as well as times of high recreational activity. Task 4 -Conduct DNA source trackine. Samples will be cultivated and grown, verified as E. coli bacteria and then subsequently run through the Cornell bacteria source library. Up to 15 samples will be run through the DNA library. Task 5 -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. TIMELfNE The anticipated start date is Spring of 2013. This is conditional, however, on the successful execution of a contract between CCE and the Town of Southold. Once a contract is in place, the project will commence as soon as possible. The Shellfish Advisory Committee is aiming for late May initial sample event. The duration of the sampling is also conditional on the presence and suitable concentration of bacteria. The sampling may take as long as it takes to get up to 15 viable samples, but not past September, 2013. DNA analysis and report writing will take an additional 3 months after final sample is collected and determined to be E. coll. BUDGET The project will not exceed an amount of $10,500. 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. DNA Testing West, Wickham, East Creeks-Town of Southold and SAC -Proposed Budget Personnel Personnel $500.00 Workers Compensation $3.95 Unemployment Insurance $25.00 Equipment DNA $560/sample for up to 15 samples $8,400.00 Travel Vehicle Mileage $200.00 Subtotal: $9,128.95 Administrative Assistance (15%) $1,369.34 Total: $10,498.29 THIS AGREEMEN"I' made and entered into this _ day of June, 2013 by and between the 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, P.O. Box 1179, Southold, New York 11971-0959), party of the first part, and Cornell Cooperative Extension of Suffolk County with an address at 423 Griffing Avenue, Suite 100, Riverhead, New York 11901-3071 (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 Coliform Enumeration and DNA Source Tracking for West, Wickham and East Creeks to further support the ongoing efforts by the Town of Southold's Local Waterfront Revitalization Program (LWRP). 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 "Coliform Enumeration and DNA Source Tracking for West, Wickham and East Creeks". The specific scope of work and information to be included in these plans is attached as Exhibit 1 dated March 29, 2013. In consultation with designated officials/employees of the Town, and following the submittal to the Contractor by the 'T'own of one round of compiled comments from all parties, Contractor shall draft and deliver to the Town requested revisions to the report titled "Coliform Enumeration and DNA Source Tracking for West, Wickham and East Creeks". The Contractor must submit to the 'T'own 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 he submitted on a labeled CD-R type CD. The CD must be labeled with the Contractor name, contract and project title. 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 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 pvrties understand and agree that mutual accountability and responsiveness is critical to the successful completion of the Project, and therefore both will use their best faith efforts to be accountable and promptly responsive to each other. 4. COMPENSATION. In payment for the services satisfactorily performed hereunder by Contractor, the Town will make payments to Contractor as follows: For the services to be performed by Contractor pursuant to paragraph 2 hereof, the Town will pay Contractor up to $10,498.29 dollars. Payments may be made quarterly. Contractor will send the Town a signed voucher for such compensation. Such sum shall not be due and payable by the Town until the Town Board of the Town has received such voucher and has audited and approved for payment the signed voucher to be submitted by Contractor in connection therewith. In the event that the Town disputes or objects to any portion of any voucher submitted by Contractor, 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 1 18 of the Town Law which, in effect, prohibits 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 approved by the Town Board or Town Comptroller. 5. REIMBURSEMENT FOR EXPENSE. For Contractor services performed, the Town will reimburse Contractor for Contractor's actual out-of-pocket expenses for the following items, and for no other items: (a) mileage at the Internal Revenue Service mileage rate in effect at the time of the billing (55.5 cents per mile on the date of this Agreement not to exceed $200.00), (b) postage, (c) photocopying expenses at a cost not to exceed [$.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 OP 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 incurs a disability which makes Contractor unable to perform the services which Contractor is required to perform hereunder; (b) 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 (c) 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 rails 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 upon written notice to Contractor. 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 its right, title or interest in this Agreement. 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. I1. 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 c/o Shellfish Advisory Committee PO Box ] 179 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 fw• 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 AGKEEMENT: 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. Town of Southold By: Scott A. Russell, Supervisor Cornell Cooperative Extension of Suffolk County _ ,'1 By: l/~ Vito A. Minei, Executive Director STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) On the _ day of in the year 2013 before me, the undersigned, personally appeared 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 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) On the 1(} day of J t~~~-~- in the year 2013 before me, the undersigned, personally appeared Scott A. Russell, 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 executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf o which the individual acted, executed the instrument. ~ n Notary P blic DANA MEYfaAW Notary Publlc, State of New York No. 01ME8248851 QuallHed In Suffolk County Commleslon Expires Aug 15, 20~ West Creek, Wickham Creek, East Creek Coliform Enumeration and DNA Bacterial Source Tracking Submitted by: Scott Curatolo-Wagemann Marine Program Cornell Cooperative Extension of Suffolk County 423 Griffing Avenue, Suite 100 Riverhead, NY 11901 Prepared for the Town of Southold March 29, 2013 BACKGROUND West Creek, Wickham Creek and East Creek are of significant ecological and economic value since they support wildlife, shellfishing, swimming, boating and finfishing. Unfortunately, the water quality in these creeks has been impacted by pollutants such as coliform bacteria. Due to their ecological value these creeks have been included in the Town of Southold Local Waterfront Revitalization Program (LWRP). An effective way to assess the impact of coliform bacteria is through a water quality monitoring program. Multiple monitoring stations are established in each creek and periodically sampled, and the concentration of coliforms is determined through standard enumeration techniques. These studies are effective at demonstrating the extent of the coliform pollutant problem, but they are not able to identify 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 managing the source of pathogens 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 the creeks of West, Wickham and East. 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 group employing this technology in New York State, providing a unique opportunity for local bacterial source tracking. Examples of related studies include: Town of Huntington coliform Loadine -Conducted in 2009-2010, CCE monitored over 50 outfalls in Huntington, Cofd 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. Lake Ronkonkoma- Conducted in 2005, CCE monitored 3 stations on the Town of Brookhaven side of Lake Ronkonkoma during dry and during storm events. Monitoring included both coliform enumeration and DNA source tracking. Illicit Discharge Detection and Elimination (IDDE) -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 [he following municipalities: Suffolk County, Town of Huntington, Town of Brookhaven, Town of Islip, and the Village of Northport. Lake Montauk coliform Loadine -Conducted in 2009-2011, 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. SCOPE OF WORK Task 1-Educational Outreach. Provide educational outreach regarding stormwater and water quality to the Town of Southold. DNA testing will educate the Town with respect to what the source of pathogen pollution is therefore allowing them to properly focus future remediation and/or management efforts Task 2 -Establish Monitorine Stations. Assist Shellfish Advisory Committee with developing a sampling protocol for the 3 creeks (West Creek, Wickham Creek and East Creek). Task 3 -Conduct coliform Enumeration. As part of the study, samples collected will be enumerated for coliform bacteria. Sampling will concentrate on wet weather conditions as well as times of high recreational activity. Task 4 -Conduct DNA source trackin¢. Samples will be cultivated and grown, verified as E. coli bacteria and then subsequently run through the Cornell bacteria source library. Up to 15 samples will be run through the DNA library. Task 5 -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. TIMELINE The anticipated start date is Spring of 2013. This is conditional, however, on the successful execution of a contract between CCE and the Town of Southold. Once a contract is in place, the project will commence as soon as possible. The Shellfish Advisory Committee is aiming for late May initial sample event. The duration of the sampling is also conditional on the presence and suitable concentration of bacteria. The sampling may take as long as it takes to get up to 15 viable samples, but not past September, 2013. DNA analysis and report writing will take an additional 3 months after final sample is collected and determined to be E. coli. BUDGET The project will not exceed an amount of $10,500. 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. DNA Testing West, Wickham, East Creeks-Town of Southold and SAC -Proposed Budget Personnel Personnel $500.00 Workers Compensation $3.95 Unemployment Insurance $25.00 Equipment DNA $560/sample for up to 15 samples $8,400.00 Travel Vehicle Mileage $200.00 Subtotal: $9,128.95 Administrative Assistance X15%) $1,369.34 Total: $10,498.29