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HomeMy WebLinkAboutPump Out Boats 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 11944. Term of Agreement: Shall be from May 16, 2026 through October 31, 2026 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 16, 2026 through October 31, 2026 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. 1 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 'l7own. 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 Villa. c of Gree )"bri B By .... k y _. l u�...... _ w_............_ Hon. Al e JMp �,Jr. ong K. t esi Supervisor Mayor Date: p Date: _.. ...wwwww ..ww _..... ._._.._. 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 the day of April, in the year 2026,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. di.6— Signdture and office of person taking the Acknowledgement LAUREN M.STANOtSH NOTARY P4,800,STATE Of NEW YOR9 Reouscrabon No,OIST6164008 Qualified in Suffolk County r) Commission Expires April 9, STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: On the day of April,in the year 2026,before me,the undersigned,personally appeared Kevin Stuessi, Mayor of the Village of Oreenport, 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. INurei-c—eof person takin e nt CANDACE HALL Notary Public,State of New Y®rl No.01 HAO043374 Qualdted to n t dallissio n g ;20 2q 4 DENIS NONCARROW Town Hall,53095 Main Road P.O. TOWN CLERK Box 1179 t? Southold,New York 11971 Fax REGISTRAR OF VITAL (631) 765-6145 Telephone(631) STATISTICS MARRIAGE OFFICER 765-1800 ur RECORDS MANAGEMENT www.southoldtownny.gov OFFICER FREEDOM OF ` 40 INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2026-322 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 7,2026: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J. Krupski, Jr.to execute an Inter-Municipal Agreement with the Village of Greenport regarding the offloading of effluent waste 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 16, 2026 through October 31, 2026, all in accordance with the approval of the Town Attorney and funded from budget line A.8090-546255. Denis Noncarrow Southold Town Clerk RESULT: Adopted MOVER: Councilwoman Doherty SECONDER: Councilman Mealy AYES: Councilman Mealy, Justice Stevens, Councilwoman Doherty, Councilwoman Smith, Councilwoman Suess, Supervisor Krupski, Jr. NAYES: None Page 57 of 80 VILLAGE OF GREENPORT BOARD OF TRUSTEES REGULAR MEETING THURSDAY, MAY 28, 2026 AT 6:00 PM RESOLUTION OF THE BOARD OF TRUSTEES At the Village of Greenport Board of Trustees Regular Meeting held on Thursday, May 28, 2026; the Board of Trustees adopted the following resolution: WHEREAS, New York state General Municipal Law Article 5-G authorizes municipal corporations to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis for the provisions of services, and WHEREAS, the Town of Southold employs individuals to operate pump out boats and the Village would like to utilize those pump out boat services in the waterways surrounding the Village during special events, when the Village pump out boat is inoperable or other emergency needs arise, and WHEREAS, the Village and Town have determined that this sharing arrangement is an effective and efficient approach that benefits both municipalities, NOW, THEREFORE, BE IT RESOLVED, that the Village Board hereby authorizes the attached Inter-Municipal Agreement (IMA) between the Village and Town for boat pump out services and authorizes the Mayor to execute the IMA. RESULT: ADOPTED [UNANIMOUS] MOTION: Julia Robins, Trustee SECOND: Patrick Brennan, Deputy Mayor/Trustee AYES: Phillips, Brennan, Doug htery-Johnson, Robins, Stuessi 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 28, 2026 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: June 2, 2026 1 Candace Hall Village Clerk �" Resolution #05-2026-43