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Home My WebLink AboutVillage of Greenport - Lifeguards ��gUFFO(,�G RESOLUTION 2017-121 ADOPTED , DOC ID: 12709 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2017-121 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 17,2017: RESOLVED that the Town Board of the Town of Southold authorizes the Town Supervisor to execute intermunicipal agreements with the Village of Greenport for the supply of trained lifeguards for the 2016 and 2017 seasons. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ruland, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr - IMA Town of Southold and Village of Greenport Town Lifeguards at Village Beaches Intermunicipal Agreement This Agreement("Agreement") is between the Town of Southold ("Town"),a municipal corporation of the State of New York, having an office at 53095 Route 25, Southold,New York 11971 and the Village of Greenport, a municipal corporation of the State of New York having an office at 236 Third Street, Greenport, ne York 11944. Term of Agreement: Shall be from June 25, 2016 through September 30, 2016 Total Cost of Agreement: As provided in this Agreement Whereas,the Town presently employs certified and qualified lifeguards to work at Town Beaches and has a continuing program for the employment of those certified and qualified persons; Whereas,the Village of Greenport owns and operates and beach located at the southerly end of Fifth Street, Village of Greenport,that the Village wishes to operate as a Village of Greenport public beach during the 2016 Summer beach season, and Whereas,the Village would like to use individuals that are certified and qualified to work as Town lifeguards and are employed by the Town to work at Town beaches as lifeguards at the Village Fifth Street Beach and the Town is willing to and would like to have those certified and qualified individuals work at the Village Fifth Street Beach; and Whereas there are mutual benefits to the Town and Village that will accrue by the Village use of Town lifeguards at the Village Fifth Street Beach; Now,Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. The Town will provide certified and qualified individuals employed as lifeguards by the Town to work at the Village Fifth Street Beach during the term as stated above that there will be at least one on duty lifeguard and a backup lifeguard on duty from 11 a.m. until 5 p.m., seven(7) days a week beginning June 25, 2016 through September 5, 2016, conditioned upon the availability of enough lifeguards to service the beaches within the Town of Southold, and as may otherwise be agreed by the Town and the Village. 2. The lifeguards that are provided by the Town under this Agreement shall have all appropriate Red Cross or other certifications as required and appropriate for employment as a lifeguard at a Town beach during all times that they are providing services under this Agreement. 3. The individuals that are provided to the Village by the Town to work at the Village Fifth Street Beach shall at all times be and remain employees of the Town, and covered by all required and respective Town insurance and benefit plans, and have all salary and other compensation and other payments that may accrue or be due to them paid to them by the Town. The individuals 1 IMA Town of Southold and Village of Greenport Town Lifeguards at Village Beaches shall at all times remain and considered to be employees of the Town. 4. The Village shall be responsible for all costs incurred by the Town in providing the lifeguards under this Agreement, including the salary,benefits and insurance which shall be billed to the Village by the Town on a periodic basis and paid by the Village to the Town within thirty(30) days of the receipt by the Village of the statement from the Town. The hourly salary scale for lifeguard is between$12.17 and $14.37 commensurate with their experience. The Town will assign one or more lifeguard(s)to the Village beach at its sole discretion. 5. Indemnification: The Village agrees to hold harmless and indemnify the Town and its employees for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the Village or its officers or employees while acting within their scope or capacity of their employment. 6. The Village of Greenport agrees to carry appropriate insurance coverage from claims of bodily injury, death or property damage that may arise from the performance of services under this agreement in limits of$2,000,000 and $2,000,000 aggregate liability for bodily injury and property damage. The Town shall be named as additional insured and a certificate of insurance shall be provided to the Office of the Town Clerk within 48 hours of execution of this Agreement. 7. It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 8. It is expressly agreed that this Agreement represents the entire agreement of the parties, that all previous understandings are merged in this Agreement. No modification of this Agreement shall be valid unless written in the form of an Amendment and executed by both parties. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town ofSouth` Villa f Greenport By: oW By: Hon. Scott Russell Hon, eorge W.Hubbard,Jr. Supervisor Mayor Date: //013,L/7 Date:TNS -�- 2 �r r • IMA Town of Southold and Village of Greenport Town Lifeguards at Village Beaches STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: On the May off,", in the year d0'7 , before me, the undersigned, personally appeared 6 6(44- a , eu , 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 O/she the executed the same in er/their capacity(ies), and that by /her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. tM � qh Signature and office of person taking the Acknowledgement LAUREN M.STANDISH Notary Public,State of New York No.01 ST6164008 Qualified In Suffolk County Commission Expires April 9,2019 STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: t On the day of��,� , in the year Zf11� , before me, the undersigned, personally appeared r7co]na:e �r. personally known to me or proved to me on the basis of satisfac ry evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she the executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Si a and office of person taking the A&Ar6wiedgement JEANMARIE ODDON Notary Public,State of New York No.010D6251239 Qualified in Suffolk County G� Commission Expire November 14,20-/-- 3 4,20-/--3