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HomeMy WebLinkAboutTown of Shelter Island RESOLUTION 2018-251 Q ADOPTED DOC ID: 13920 I THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-251 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 14, 2018: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Shared Service Agreement between the Town of Southold and the Town of Shelter Island related to the Town of Southold agreeing to share the service of its Engineering Department with the Town of Shelter Island, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 1' J CONTRACT FOR SIIARED ENGINEERING SERVICES 1. For purposes of this contract, the following terms shall be defined as follows: a. "Municipality" shall mean any city, county, town or village which has agreed to be bound by a contract for shared services or equipment similar in terms and effect with the contract set forth herein, and has filed a copy of said contract with the clerk of the undersigned city/county/town or village. b. "Contract" shall mean the text of this agreement which is similar in terms and effect with comparable agreements, notwithstanding that each such contract is signed only by the chief executive officer of each participating municipality filing the same, and upon such filing each tiling municipality accepts the terms of the contract to the same degree and effect as if each chief executive officer had signed each individual contract. c. "Shared Service" shall mean any service provided by one municipality for another municipality that is consistent with the purposes and intent of this contract and shall include the renting, exchanging, or lending of engineering services; d. "Superintendent" shall mean the Shelter Island Superintendent of Highways and/or Commissioner of Public Works. 2. The TOWN OF SHELTER ISLAND and the TOWN OF SOUTHOLD hereby enter into a shared service arrangement subject to the following terms and conditions: a. The TOWN OF SOUTHOLD agrees to share the services of its Engineering Department, including the services of Michael Collins and Jamie Richter, with the Town of Shelter Island on a limited basis. Specifically, the Engineering Department will offer up to ten (10) hours a week of Engineering Services to the Town of Shelter Island to work on projects as directed by the Shelter Island Superintendent, with a focus on MS4 stormwater projects. The time commitment may expand in the future as agreed upon by both parties. Intermunicipal Shared Engineering Services agreement b. When directing the services of the Engineering Department, the Shelter Island superintendent shall make no request of the Engineering Department which would be inconsistent with any labor agreement or duty to the Town of Southold. c. In consideration of the services provide to the Town of Shelter Island by the Southold Engineering Department, the Town of Shelter Island agrees to pay the Town of Southold a straightly hourly rate reimbursement of the base compensation of the Town of Southold engineers for the time provided by the Engineering Department pursuant to this agreement. Vouchers will be submitted to the Town of Shelter Island for payment on a quarterly basis. d. The Town of Southold shall remain fully responsible for its own employees, including but not limited to, salary, benefits and workers compensation. e. Services of the Engineering Department to the Town of Shelter Island shall be considered the work of the Town of Shelter Island for purposes of liability and any other relationship with third parties. 3. Records shall be maintained by each municipality setting forth all the time involved in shared services by the Southold Engineering Department and the reimbursements made pursuant to this agreement. Such records will be available for inspection by any State or County agency to verify such shared services. 4. In the event a dispute arises relating to shared service provided by the Southold Engineering Department, and such dispute cannot be resolved between the parties, such dispute may be resolved through mediation or arbitration. 5. Any municipality which is a party to this contract may revoke such contract by filing a notice of such revocation. Upon the revocation of such contract, any outstanding obligations shall be submitted within thirty days of such revocation. 6. If any provision of this contract is deemed to be invalid or inoperative for any reason, that part may be modified by the.municipalities which are a party to this contract to the extent necessary Intermunicipal Shared Engineering Services agreement to make it valid and operative, or if it cannot be so modified, then severed; and the remainder of the contract shall continue in full force and effect as if the contract had been signed with the invalid portion so modified or eliminated. 14. This contract shall be reviewed each year by Town of Southold and the Town of Shelter Island and shall expire five years from the date of its signing. The parties may extend or renew this contract at the termination thereof for another five year period. 15. Copies of this contract shall be sent to the clerk and the Superintendent of each municipality with which the IN WITNESS THEREOF, the parties, by order of their respective Town Boards, caused these presents to be subscribed by the Supervisor of the respective towns, this day of February, 2018. K.v,,�dn Dated: , 2018 TOWN OF SOUTHOLD Supervisor Scott Russell Dated:f=braw-j 2018 TOWN OF SHELTER ISLANND� Supervis Gary J. Gerth � r ' l o�oS��Fot�-c RECEIVED y ® ? APR 1 3 2018 l Southold Town Clerk �d- Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: April 12, 2018 Subject: Share Service Agreement between Town of Southold and Shelter Island —Engineering Department With respect to the above-referenced matter, I am enclosing the original Agreement together with the Resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures cc: Accounting