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HomeMy Public PortalAbout2022.05.27 STB Packet SPECIAL TOWN BOARD MEETING MAY 27, 2022 12:15 PM AGENDA PLEDGE OF ALLEGIANCE ROLL CALL ITEMS FOR BOARD ACTION 5STB2022-1 RESOLUTION Authorizing an Intermunicipal Agreement with West Irondequoit School District for an Irondequoit Police Department Detail 5STB2022-2 RESOLUTION Authorizing Stipend Pay Resolution No. 2022 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING AN INTERMUNICIPAL AGREEMENT WITH THE WEST IRONDEQUOIT SCHOOL DISTRICT FOR AN IRONDEQUOIT POLICE DEPARTMENT DETAIL At the special meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 27th day of May, 2022 at 12:15 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor John Perticone Town Board Member Patrina Freeman Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member______________________offered the following resolution and moved its adoption: WHEREAS, the West Irondequoit Central School District (“District”) has requested that the Town of Irondequoit Police Department (“IPD”) provide a police detail to the District from May 27, 2022 through June 14, 2022, which would involve the presence of a single police officer for two hours each school day from the hours of 2:00 p.m. to 4:00 p.m. (the “Police Detail Services”); and WHEREAS, the Town and District have negotiated the terms of an Intermunicipal Agreement for Police Detail Services (the “IMA”) pursuant to which the IPD will provide the Police Detail Services to the District; and WHEREAS, the Town Board believes that the IMA is in the best interests of the Town and its residents; and WHEREAS, Section 119-o of the General Municipal Law authorizes municipal corporations, defined to include school districts, to enter into agreements for the performance amongst themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor to enter into the Intermunicipal Agreement for Police Detail Services with the West Irondequoit Central School District, in substantially the form annexed hereto as Exhibit A and in final form as approved by the Attorney for the Town. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ 1 11221488_1 INTERMUNICIPAL AGREEMENT FOR POLICE DETAIL SERVICES THIS INTERMUNICIPAL AGREEMENT FOR POLICE DETAIL SERVICES (“Agreement”), effective May 27, 2022 (“Effective Date”), is between the TOWN OF IRONDEQUOIT, a municipal corporation, having its offices at 1280 Titus Avenue, Rochester, New York 14617 (the “Town”) and the WEST IRONDEQUOIT CENTRAL SCHOOL DISTRICT, a school district having its offices at 321 List Ave, Rochester, NY 14617 (the “District”). WITNESSETH: WHEREAS, the District has requested that the Town of Irondequoit Police Department (“IPD”) provide a police detail to the District from May 27, 2022 through June 14, 2022, which would involve the presence of a single police officer for two hours each school day from the hours of 2:00 p.m. to 4:00 p.m. (the “Police Detail Services”); WHEREAS, the Town and IPD have agreed to provide the Police Detail Services to the District; and WHEREAS, Section 119-o of the General Municipal Law authorizes municipal corporations, defined to include school districts, to enter into agreements for the performance amongst themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the District and the Town agree as follows: 1. RESPONSIBILITIES: the IPD agrees to assign an officer or officers as decided by the IPD in its discretion at the Irondequoit High School, 260 Cooper Rd, Rochester, NY 14617, from 2:00 p.m. to 4:00 p.m. every school day from May 27, 2022 through June 14, 2022. The District will reimburse the Town at the overtime rate of whatever officer is assigned on any given day at the exclusive discretion of the IPD, which overtime rate must include all fringe benefits such as but not limited to payroll taxes and New York State Retirement contributions so that the Town’s costs are fully covered by the District. The IPD will have the discretion on any given day to dispatch its officer(s) to another location to assist in maintaining public safety in the event that an unforeseen emergency occurs. IPD personnel assigned to the District will be under the direct control and supervision of the IPD only. 2. CONSIDERATION: In consideration for the provision of the service listed above, the District agrees to reimburse the IPD as set forth above. Any hours expended beyond the estimated time frame set forth above will be billed and submitted to the 2 11221488_1 District following the event. Reasons for such additional hours include, but are not limited to, the following: a. The District requests, and IPD in its sole discretion agrees, that the assigned officer stay at the District longer than anticipated; and b. Problems or unforeseen events, for which the District is liable, which require assignment of additional manpower to maintain public order. 3. INJURY TO IPD PERSONNEL: The District agrees to cover the lost wages and medical costs, immediate and recurring, for any IPD Personnel working in or about the District pursuant to this agreement that result from the District’s negligence in not maintaining its premises in a safe condition, such as (but not limited to) a slip and fall or exposure to toxic substances. The Town will continue to be responsible for any injury to IPD Personnel resulting from required police work such as arrests or physical restraints of subject(s). 4. RELEASE AND INDEMNIFICATION: The District shall indemnify and hold harmless the Town and the IPD of and from any and all claims, liability, suits, actions, responsibilities, judgments and loss, including reasonable attorney’s fees which it shall suffer, or which shall be made against it on account of loss of life, personal injury, or property damage received or sustained by any person, by reason of any act or omission on the part of the District, its officers, employees, agents, invitees or contractors except that the District shall not be required to indemnify the Town or the IPD for any such damage or loss arising out of any negligent acts of the Town and the IPD, its officers, employees, contractors or agents. 5. INSURANCE: The District shall procure and maintain a policy of insurance for this Agreement. The policy of insurance required is a general liability insurance (including, without limitation, contractual liability) with single limits of liability in the amount of $1,000,000.00; $3,000,000.00 in the aggregate; of which $1,000,000.00 of the aggregate coverage may be provided by an umbrella policy. Original certificates evidencing such coverage, and indicating that such coverage shall not be canceled or amended in any way without thirty (30) days’ prior notice to the Town and the IPD, shall be delivered to the Town and the IPD at the time of execution of the Agreement. The District’s insurance shall provide for and name the Town and the IPD as an additional insured and shall insure the Town and the IPD for all claims relating to this Agreement. All policies of insurance shall be issued by companies in good financial standing, duly and fully qualified and licensed to do business in New York State, and otherwise acceptable to the Town and the IPD. Failure to provide such proof of insurance shall be grounds to cancel this Agreement. 6. RELATIONSHIP OF PARTIES: The District acknowledges and represents that the Town and the IPD are not partners, joint venturers, or sponsors of the District. 3 11221488_1 7. TERM: This Agreement shall commence on May 27, 2022 and end on June 14, 2022. Either party upon written notice to the other may terminate this Agreement (“Early Termination”). Upon such Early Termination, the District shall remain liable for any outstanding consideration for the Police Detail Services. 8. 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 Irondequoit, at a special meeting held on May 27, 2022, and the person whose signature appears hereafter for the Town is duly authorized and empowered to execute this Agreement and enter into such an agreement on behalf of the Town. This Agreement may be executed in counterparts, each of which will be considered an original. 9. AUTHORITY FOR EXECUTION ON BEHALF OF THE DISTRICT: The District has executed this Agreement pursuant to a resolution adopted by the District’s Board of Education, at a _______ meeting held on ___________, 2022, and the person whose signature appears hereafter for the District, is duly authorized and empowered to execute this Agreement and enter into such an agreement on behalf of the District. This Agreement may be executed in counterparts, each of which will be considered an original. 10. 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 the Town: Alan J. Laird, Chief Irondequoit Police Department Town of Irondequoit 1300 Titus Avenue Rochester, NY 14617 To the District: Dr. Aaron Johnson, Superintendent West Irondequoit Central School Distr. 321 List Ave Rochester, NY 14617 11. WAIVER: No waiver of any breach of any condition of this 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. 12. MODIFICATION: No modification of any provision of this Agreement shall be valid unless in writing and signed by both parties. 4 11221488_1 13. ASSIGNMENT: Neither party may assign this Agreement without prior written consent of the other party. 14. GOVERNING LAW: This Agreement, the performance hereunder and all questions relating thereto, shall be construed in accordance with the laws of the State of New York. The parties shall comply with all applicable laws, rules and regulations in all actions taken pursuant to this Agreement. 15. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties with reference to the subject matter hereof and as of the Effective Date it replaces any prior agreement regarding the subject matter. There are no terms, conditions, or obligations other than those contained herein and there are no written or verbal statements or representations, warranties, or agreements with respect to this Agreement which have not been embodied herein. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as of the dates set forth in the respective acknowledgements below, to be effective for all purposes, however, as of the Effective Date. [Signature Page Follows] 5 11221488_1 TOWN OF IRONDEQUOIT By: Name: Rory Fitzpatrick Title: Supervisor Date: ____________________, 2022 WEST IRONDEQUOIT CENTRAL SCHOOL DISTRICT By: Name: Dr. Aaron Johnson, Title: Superintendent Date: __________________, 2022 Resolution No. 2022-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING STIPEND PAY At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 27th day of May, 2022, at 12:15 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________ offered the following resolution and moved its adoption: WHEREAS, the position of Director of Development Services is currently vacant; and WHEREAS, Mary Werner, Code Compliance Coordinator, has been assigned additional responsibilities overseeing the offices and employees within the Department of Community Development; and WHEREAS, it is recommended that Mary Werner be compensated accordingly. NOW, THEREFORE, BE IT RESOLVED, that Mary Werner shall receive a stipend of $40.00 each day she is assigned the duties of office manager for the Department of Community Development. This resolution shall take effect retroactively to May 23, 2022. Seconded by the Town Board Member ____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Freeman voting __________ Town Board Member Romeo voting __________ Town Board Member Perticone voting __________ Town Supervisor Fitzpatrick voting __________