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HomeMy WebLinkAboutOld Cove Yacht Club 4 4. RESOLUTION 2016-576 -sty, ADOPTED DOC ID: 12005 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-576 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 31,2016: WHEREAS, on May 3, 2016 the Town Board of the Town of Southold declared a certain boat (HIN#HUN54580M80B)which had broken from its mooring and ultimately grounded adjacent to a dock had become unseaworthy and was creating an unsafe condition, and WHEREAS, on May 11, 2016,pursuant to Chapter 96 of the Town Code, the Town of Southold notified the owner of the aforementioned boat via certified mail that he must remove the boat by May 18, 2016, or upon the owner's failure to remove the boat the Town of Southold would remove and destroy the boat, and WHEREAS, the owner has failed to remove the boat in a timely manner, and now therefore be it RESOLVED,pursuant to New York General Municipal Law section 103(4), the Town Board hereby declares the condition and location of the boat to be a public emergency which cannot, await competitive bidding, and be it further RESOLVED, the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the Old Cove Yacht Club for the removal and destruction of the aforementioned boat at no cost to the Town of Southold, subject to the approval of the Town Attorney, and be it further RESOLVED, any fees associated with the disposal of the boat at the Town of Southold Transfer Station are hereby waived. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell ti AGREEMENT THIS AGREEMENT, entered into this 2nd day of June, 2016, by and between the Town of Southold, New York ("the Town"), a municipal corporation organized and existing under the laws of the State of New York with offices at 53095 Main Road, Southold, New York, and Old Cove Yacht Club, P.O. Box 673,New Suffolk NY 11956 (the"Contractor"); WHEREAS, the Town declared a certain boat that broke from its mooring and became grounded unseaworthy and creating an unsafe condition, and WHEREAS, the Contractor believes the boat creates a nuisance and unsafe condition to its members and further believes it would be in the best interest of its members if the boat was removed, and WHEREAS, the boat owner has failed to remove the boat after the Town notified the boat owner that the boat must be removed or the Town would cause the boat to be removed and destroyed pursuant to Chapter 96 of the Town of Southold Town Code and therefore the Town believes it is in the best interest of the members of the community to have the boat removed: WITNESSETH, that the Town and the Contractor, based upon the aforementioned interests of the parties it is agree as follows: ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR The Contractor shall perform the following: DESCRIPTION OF WORK The Contractor shall remove the boat (HIN# HUN54580M80B) from its current location near the Old Cove Yacht Club in New Suffolk and transfer it to the Town of Southold Transfer Station at no cost to the Town. The Town shall waive any and all fees associated with the disposal of the boat at the Transfer Station as authorized in Town of Southold Town Board Resolution 2017-576. ARTICLE 2. TIME OF COMPLETION The services to be rendered under this Contract shall be completed no later fourteen (14) consecutive calendar days after the execution of this Agreement. Time of performance is of the essence of this Agreement. ARTICLE 3. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this Contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the Town. Page 1 of 5 1 ;4 General liability insurance in an amount not less than $1,000,000 for injuries, including wrongful death to any one person and subject to the same limit for each person, in an amount not less than$2,000,000 on account of any one occurrence. The Contractor shall furnish the above insurances to the Town and shall also name the Town as an additional named insured in said policies. (c) Any accident shall be reported to the office of the Town Clerk as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed written report must be submitted to the Town as soon thereafter as possible and not later than three (3) days after the date of such accident. ARTICLE 4. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That it is financially solvent and that it is experienced in and competent to perform the type of work to be furnished by it; and ARTICLE 5. TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT The Town shall have the right to stop work or terminate the Contract if: (a) The Contractor refuses or fails to prosecute the work or any part thereof with due diligence; or (b) The Contractor fails to make prompt payment to persons supplying labor for the work; or (c) The Contractor fails or refuses to comply with all applicable laws or ordinances; or (d) The Contractor is guilty of a substantial violation of any provision of this Contract; (e) The Town's execution and participation in this contract is found to be in violation of an existing collective bargaining agreement. (f) In any event, the Town, without prejudice to any other rights or remedy it may have, may, with or without cause, by seven (7) days' notice to the Contractor, terminate the employment of the Contractor and its right to proceed as to the work. ARTICLE 6. DAMAGES It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be , performed by it under this Contract shall be that of an independent contractor. As an independent contractor, it will be responsible for all damage, loss or injury to persons or property that may arise in or be incurred during the conduct and progress of said work, whether or not the Contractor, its agents, Page 2 of 5 or employees have been negligent. The Contractor shall hold and keep the Town free and discharged of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for loss or injury to persons or property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty. The Contractor shall make good any damages that may occur in consequence of the work or any part of it. The Contractor shall assume all blame, loss and responsibility of any nature by reason of neglect or.violation of any federal, state, county or local laws, regulations or ordinances. ARTICLE 7. INDEMNITY AND SAVE HARMLESS AGREEMENT The Contractor agrees to indemnify and save the Town, its officers, agents and employees harmless from any liability imposed upon the Town, its officers, agents and/or employees arising from the negligence, active or passive, of the Contractor and from and against any damages, claims, or expenses, including reasonable attorney's fees, arising out of Contractor's breach of the Agreement or from Contractor's acts or omissions outside the scope of the Agreement or arising out of claims or actions by third parties against Contractor by virtue of his performance of this Agreement. ARTICLE 8. NO ASSIGNMENT In accordance with the provisions of section 109 of the General Municipal Law, the Contractor is hereby prohibited from assigning, transferring, conveying, or otherwise disposing of this Agreement, or of its right, title or interest in this Agreement, or its power to execute this Agreement, to any other person or corporation without the previous consent in writing of the Town. ARTICLE 9. REQUIRED PROVISIONS OF LAW Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to have been inserted herein. If any such provision is not inserted, through mistake or otherwise, then upon the application of either party, this Contract shall be physically amended forthwith to make such insertion. In particular, the Contractor shall, among other things, fully comply with: (a) Labor Law section 220-e and Executive Law sections 291-299 and the Civil Rights Law relating to prohibition against discrimination and providing equal opportunity. (b) Affirmative action as required by the Labor Law. (c) Prevention of dust hazard required by Labor Law section 222-a. (d) Preference in employment of persons required by Labor Law section 222. (e) Eight-hour workday as required by Labor Law section 220(2). Page 3 of 5 ARTICLE 10. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Southold, at a meeting thereof held on May 31, 2016. Scott A. Russell, Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an Agreement on behalf of the Town. This instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk, Elizabeth Neville. ARTICLE 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 With a copy to: William M. Duffy, Esq Southold Town Attorney 54375 Route 25 P.O. Box 1179 Southold, NY 11971-0959 To Contractor: Dion Lynch Old Cove Yacht Club P.O. Box 673 New Suffolk, NY 11956 ARTICLE 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. ARTICLE 13. 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. ARTICLE 14. APPLICABLE LAW This Agreement is governed by the laws of the State of New York. Any legal proceeding arising out of this agreement shall be venued in Supreme Court, Suffolk County. Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly signed the day and year first above written. TOWN OF Si P HOLD By: ._, 6.1#10,14...0° Scott A. Russell, Supervisor /OLD C• : UB By: , pili / ion yncho,� mmodore STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the 2nd day of June in the year 2016 before me 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. +1r‘ k/0-Ka-ILIA i' 1 11‘ 'In Notary Publ'i MICHELLE L. TOMASZEWSKI NOTARY PUBLIC-STATEOF NEW YORK No. 01T06156671 Qualified In Suffolk County My Commission Expires November 27,2018 STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the 2nd day of June in the year 2016 personally appeared DION LYNCH,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. ° cYge6 ,- 1-14T tart'Public Page 5 of 5 MARY L.SILLECK Notary Public, State of New York No.01S14984608 Qualified in Suffolk Coun Commission Expires July 29, 0.-