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HomeMy WebLinkAboutVillage of Greenport Intermunicipal Agreement IMA Town of Southold and Village of Greenport Town Pump Out Boats on Village Waterways 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,New York 1.1944. Term of Agreement: Shall be from May 17,2025 through October 31,2025 Total Cost of Agreement: As provided in this Agreement Whereas, the Town presently employs individuals to operate pump out boats in the various Southold Town Waterways; and Whereas, the Village would like to utilize those Town Pump Out Boat Services in Village Waterways during special events,when their Village Pump Out Boat is inoperable or as other emergency need arises; and Whereas, the Town needs to have locations available to it for the offload of effluent waste from the Town Pump Out Boat; Now,Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Pump Out Boat Services and Conditions of Use: Beginning May 17,2025 through October 31,2025 from 10 a.m. until 3:00 p.m.,The Town shall provide Pump Out Boat Services in Village waterways upon written request by the Village,only under the following circumstances and subject to the availability of Town resources: a) Special Events: For purposes of this Agreement, "special events" shall mean public events or activities officially organized, permitted, or sponsored by the Village that are reasonably expected to draw 100 or more attendees and result in increased boating activity, as determined by the Village and approved in.writing by the Town Supervisor or their designee. b) Emergency Service: "Emergency"shall mean an unplanned operational failure or mechanical issue affecting the Village's own pump out vessel or facilities, certified in writing by the Village Dockmaster and reported to the Town Supervisor or their designee within 24 hours of discovery. In all cases, the Village shall provide no less than seven(7)days' written notice for special event service and as much notice as reasonably possible for emergency services, subject to the"Town Supervisor's or designee's written approval prior to deployment of Town resources. 2. The pump out boat and staff thereon provided by the Town under this Agreement shall have all appropriate certifications as required and appropriate for employment as a pump out boat operator during all times that they are providing services under this Agreement. I IMA Town of Southold and Village of Greenport Town Pump Out Boats on Village Waterways 3. The individuals that are provided to the Village by the Town to work.at the Village waterways 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 shall at all times remain and considered to be employees of the Town. 4. In consideration of this agreement the Village shall waive any and all pump out boat offload fees for the Town at their Village pump station at Mitchell Marina during a period of special event service and/or emergency service. All other times the Town shall be permitted to offload, and the Village shall accept, effluent waste from the Town"Trustees' Pump Out Boat at the Village Pump Out Station at a rate of fifty-five cents ($0.55)per gallon. The Mitchell Marina Dock Master or his/ her designee and the Town Pump Out Boat Operator shall jointly agree on the amount of waste off loaded and shall note their records accordingly. 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 this agreement. The Town.agrees to hold.harmless and indemnify the Village and its employees for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the Town or its officers or employees while acting within their scope or capacity of this agreement. 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$1,000,000 per occurrence and$2,000,000 aggregate liability for bodily injury and property damage. The Town shall be named as additional insured on a primary and non- contributory basis 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. 9, Termination: Either party may terminate this Agreement, with or without cause, by providing the other party with no less than thirty (30) days' written notice of termination. Upon termination,the parties shall cooperate to ensure a smooth transition and the cessation of services under this Agreement.Any outstanding obligations accrued prior to the date of termination shall remain due and payable. In the event of material breach.or safety-related concerns,the Agreement may be terminated immediately 2 IMA Town of Southold and Village of Greenport Town Pump Out Boats on Village Waterways upon written notice. 10. This agreement shall be governed by and construed in accordance with the laws of the State of New York. Any legal proceeding shall be brought in a court of competent jurisdiction in Suffolk County. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town of Southold Vila 0/"-T'eenport By: By: ' Hon. Albert Krup's'ki,Jr. Hon,Kie n Supervisor Mayor Date: Date: 3 IMA Town of Southold and Village of Greenport Town Pump Out Boats on Village Waterways STATE OF NEW YORK,COUNTY OF SUFFOLK ss.: On they day of May,in the year 2025,before me,the undersigned,personally appeared Kevin Stuessi,Mayor of the Village of Greenport,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 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. A4Oan��' at and office of person taking the Rem , owledgement JEANMARIE ODDON Notary Public, State of New York No-01OD6251238 Qualified in Suffolk County Commission Expires November 14,21 STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: On the 11'51ay of May,in the year 2025,before me,the undersigned,personally appeared Albert J.Krupski,Jr., Supervisor of the Town of Southold,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 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. Signature and�office o/ arson e Acknowledgement MICHELLE L TOMASZFWSKI NOTARY PUBLIC-STATE OF NEW YORK No. OIT06156671 Qualified in Suffolk County MY commission Expires 11-27-2026 4 RESOLUTION 2025-388 ADOPTED DOC ID: 21297 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2025-388 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 13,2025: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J.Irupski,Jr.to execute an Inter-.Municipal Agreement with the Village of Greenport regarding the offloading of effluent wastes from the Town's Pump-Out Boat at the Village of Greenport's Pump-Out Station at a cost of 0.55 cents per gallon, as well as the supply of Town Pump-Out Boat Services to the Village of Greenport during special events and times of emergency need when requested with waste fees waived during those times,during the period of May 17,2025 through October 31, 2025, all in accordance with the approval of the Town Attorney and funded from budget line A.8090.4.400.840. Denis Nonearrow Southold Town Clem. RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski,Councilperson SECONDER:Brian O. Mealy,Councilperson AYES: Mealy, Smith,Doherty, Evans,Doroski, Krupski Jr VILLAGE OF GREENPORT BOARD OF TRUSTEES REGULAR MEETING THURSDAY, MAY 22, 2025 AT 6:00 PM RESOLUTION OF THE BOARD OF TRUSTEES At the Village of Greenport Board of Trustees Regular Meeting held on Thursday, May 22, 2025; the Board adopted a Resolution approving the attached annual agreement between the Town of Southold and the Village of Greenport regarding the Marine Pump-Out Station, and authorizing Mayor Stuessi to sign the agreement between the Town of Southold and the Village of Greenport regarding the Marine Pump-Out Station. RESULT: ADOPTED [UNANIMOUS] MOVER: Lily Dougherty-Johnson, Trustee SECONDER: Patrick Brennan, Trustee AYES: Patrick Brennan, Lily Dougherty-Johnson, Mary Bess Phillips, Kevin Stuessi ABSENT: Julia Robins STATE OF NEW YORK COUNTY OF SUFFOLK ss: THIS IS TO CERTIFY THAT I, Candace Hall, Village Clerk of the Village of Greenport of the County of Suffolk, have compared the foregoing copy of the resolution now on file in this office, which was adopted by the Village of Greenport Board of Trustees on May 22, 2025 and that the same is a true and correct transcript of said resolution of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the Village of Greenport of the County of Suffolk. Dated: May 22, 2025 /o,f", �_ ndace Hall, Village Clerk Village of Greenport RESOLUTION #05-2025-11 DOC ID: 7410