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4.05 4.5 AGREEMENTSMarren County—Accept Funds to Combat Glen Lake Invasive Species-2-8-16 RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY TOWARD COMBATING AQUATIC INVASIVE SPECIES IN GLEN LAKE RESOLUTION NO.: , 2016 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 35 of 2016, the Warren County Board of Supervisors authorized Agreements with certain Towns regarding funding earmarked for combating aquatic invasive species in publicly accessible water bodies other than Lake George in Warren County for the year 2016, including $25,000 in funding to the Town of Queensbury toward combating such aquatic invasive species in Glen Lake, and WHEREAS, the Town Board wishes to enter into such an Intermunicipal Agreement and accept such funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes an Intermunicipal Agreement between Warren County and the Town of Queensbury regarding $25,000 in Warren County funding to the Town of Queensbury toward combating such aquatic invasive species in Glen Lake as delineated above and authorizes and directs the Town Supervisor to execute such Agreement in form acceptable to the Town Supervisor, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2016 Town Budget and increase revenue 051-0000-52189 and increase appropriation 051-8790-4400 by the $25,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Counsel take any further action necessary to effectuate the terms of this Resolution. Duly adopted 8th day of February, 2016, by the following vote: AYES NOES ABSENT : 2 2016 INTERMUNICIPAL AGREEMENT BETWEEN WARREN COUNTY AND TOWN OF QUEENSBURY FOR COMBATING AQUATIC INVASIVE SPECIES IN GLEN LAKE A PUBLICLY ACCESSIBLE WATER BODY WITHIN THE TOWN OF QUEENSBURY THIS INTERMUNICIPAL AGREEMENT made by and between the COUNTY OF WARREN, a municipal corporation and political subdivision established under the laws of the State of New York, having its principal offices and place of business located at the Warren County Municipal Center,with a mailing address of 1340 State Route 9, Lake George,New York 12845, ("County"), and the TOWN OF QUEENSBURY, a municipal corporation and political subdivision established under the Laws of the State of New York, having its principal offices and place of business located at the 742 Bay Road, Queensbury, New York 12804, (the"Town"). RECITALS WHEREAS, the 2016 Warren County Budget has allocated One Hundred Fifty Thousand Dollars($150,000) of earmarked funding to be disbursed to lakes within Warren County other than Lake George for the purpose of combating aquatic invasive species during the calendar year 2016, and WHEREAS, Warren County Board of Supervisors Resolution No. 36 of 2016 allocated Twenty-Five Thousand Dollars ($25,000) to the Town to combat aquatic invasive species in Glen Lake a publicly accessible water body within the Town during calendar year 2016, and WHEREAS, the Town has agreed to accept the sum of Twenty-Five Thousand Dollars ($25,000) to the Town to be applied solely to combat aquatic invasive species in Glen Lake a publicly accessible water body located within the Town during calendar year 2016, NOW, THEREFORE, the parties hereto agree as follows: Z:\Shared\2016 Docs\Board of Supervisors\Agreements\IMA Queensbury.wpd\tmc\874-A-028 1/8/16 Page 1 of 6 1. FUNDING Within thirty (30) days following execution of this Intermunicipal Agreement or at such other time as requested by the Town, the County shall pay to the Town a sum not to exceed Twenty-Five Thousand Dollars($25,000)to be applied solely to combat aquatic invasive species in Glen Lake a publicly accessible water body within the Town during calendar year 2016. 2. REPORTING During the first quarter of 2017,and upon request by the County,the Town shall make a presentation to the Warren County Invasive Species Sub-Committee concerning the utilization of the foregoing funds allocated to the Town to combat aquatic invasive species in Glen Lake a publicly accessible water body within the Town. 3. INSURANCE a. The Town shall carry General Liability coverage in the amounts of at least $1,000,000 per occurrence and$2,000,000 aggregate,and an Umbrella policy of at least$2,000,000 with respect to the Town and any of its employees or agents. The Town shall name the County as an additional insured on a primary, non-contributory basis to the Town's General Liability policy. The Town is also required to carry Workers' Compensation, Disability Insurance, Automobile Liability and Professional Liability insurance($1,000,000 limit). All coverage must be issued by an insurance company admitted to do business in New York State and maintaining an A.M.Best rating of A- or better. B. Town acknowledges that failure to obtain such insurance on behalf of Warren County, its boards, officers and employees constitutes a material breach of contract and subjects it to liability for damages,indemnification and all other legal remedies available to the municipality. The Town is to provide Warren County with a Certificate of Insurance, evidencing that the above requirements have been met,upon request and not later than prior to the commencement of work or Z:\Shared\2016 Docs\Board of Supervisors\Agreements\MA Queensbury.wpd\tmc\874-A-028 1/8/16 Page 2 of 6 use of the facilities. The failure of Warren County to object to the contents of the Certificate or the absence of the same shall not be deemed a waiver of any and all rights held by Warren County. In addition to the foregoing,Warren County may,at any time,request a copy ofthe policies ofinsurance providing the coverage required herein, and the contractor shall,within ten(10)days furnish copies of said policies. 4. INDEMNIFICATION To the fullest extent permitted by law, the Town shall indemnify, hold harmless and defend the County, its boards, officers, employees and volunteers against any and all losses, claims, actions, demands, damages, liabilities, or expenses, including but not limited to attorney's fees and all other costs of defense,by reason of the liability imposed by law or otherwise upon the County,its boards, officers, employees and volunteers for damages because of bodily injuries, including death, at any time resulting therefrom,sustained by any person or persons,including the Town's employees, or on account of damages to property including loss of use thereof,arising directly or indirectly from the performance of the Town's work or from any of the acts or omissions on the part of the Town, its employees, agents, representatives, materialmen, suppliers, and/or subcontractors. If such impaired by any law controlling the construction thereof, such indemnity is made void or otherwise p y y g indemnity shall be deemed to conform to the indemnity permitted by law, so as to require indemnification,in whole or in part,to the fullest extent permitted by law. The County and the Town shall notify each other in writing within thirty (30) days of any such claims or demands and shall cooperate in the defense of any such actions. 5. MISCELLANEOUS PROVISIONS a. Return of Surplus Funds. At the end of the calendar year 2016 should any funds allocated by the County be remaining on deposit with the Town, said remaining amounts shall be returned to the Warren County Treasurer. In no event shall the Town retain any surplus Z:\Shared\2016 Docs\Board of Supervisors\Agreements\IMA Queensbury.wpd\tmc\874-A-028 1/8/16 Page 3 of 6 funds. b. This Intermunicipal Agreement constitutes the entire agreement between the County and the Town, except for agreements amending and/or modifying the same issued after execution of this Intermunicipal Agreement. c. To the extent applicable to this Intermunicipal Agreement,the Town shall abide by all Labor Department wage requirements, shall comply with any required equal opportunity requirements of grants or state or federal law and with Article 15 of the Executive Law of the State of New York (also known as the Human Rights Law) and all other federal and state statutory and constitutional non-discrimination provisions. d. To the extent applicable to this Intermunicipal Agreement,the Town shall abide by all Federal and New York State Labor laws and regulations. Specifically, and to the extent applicable, the Town shall comply with the requirements of Article 8 (Sections 220-223) of the New York State Labor Law, which specifies the payment of prevailing wage rates for certain laborers, workmen, mechanics, serving laborers, helpers, assistants and apprentices on public work projects, as more specifically set forth therein. If compliance with Article 8 of the Labor Law is required by statute, a copy of the prevailing wage rate schedule furnished by the New York State Department ofLabor is attached hereto. Please note,however,that if a requirement shall exist to pay prevailing wage rates and the schedule is not annexed hereto,the requirement to pay the same exists regardless of whether prevailing Department wage schedules are attached hereto. If such schedules are not attached, the County will assist in securing copies of the same, upon request. e. There shall be no assignment ofthis Intermunicipal Agreement without the written consent of the County. f. The Town shall not be considered an agent of the County and shall not have any authority with respect to any matter or in any matter to be obligated or commit the County Z:\Shared\2016 Docs\Board of Supervisors\Agreements\IMA Queensbury.wpd\tmc\874A-028 118/16 Page 4 of 6 by contract or otherwise. g. The parties may execute two(2)or more copies of this Intermunicipal Agreement, each of which when fully executed, shall be deemed to constitute or be the original agreement for all purposes. h. It is understood and agreed by and between the parties that for purposes of legal actions and/or proceedings,New York State Law shall be the governing law. i. In the event that any provision of this Intermunicipal Agreement shall be determined by a Court of Law to be illegal and/or unenforceable,the agreement,to the extent the Courts have determined practical shall continue in full force and effect between the parties as if the said illegal or unenforceable provision were not contained a part thereof. j. The Town agrees to retain all records related to this Intermunicipal Agreement for a period of six (6) years and agrees to allow the County, through the appropriate County officials and legally allowed to review and or audit such records. In the event that a review or audit is requested, the records shall be made available at the Town's place of business or, at the request of the County, at the Warren County Municipal Center with the understanding that copies of such records may be made by the designated County officials. Records shall be made available upon ten (10) days written notice or within ten (10) days of the delivering of written notice by the County. k. This Intermunicipial Agreement shall be deemed executory only to the extent of moneys available to the County for the performance of the terms hereof and no liability on account thereof shall be incurred by the County beyond moneys available to or appropriated by the County for the purpose of the Intermunicipal Agreement and, if applicable, that this Intermunicipal Agreement shall automatically terminate upon the termination of State or Federal funding available for such contract purpose. Z:\Shared\2016 Docs\Board of Supervisors\Agreements\IMA Queensbury.wpd\tmc\874 A-028 1/8/16 Page 5 of 6 1. The Town will not discriminate on the basis of age,race,creed,color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics or marital status. 6. TERM. This Intermunicipal Agreement shall take effect immediately upon execution by both parties and terminate December 31, 2016. Either party may terminate this Intermunicipal Agreement with or without cause at any time by providing not less than thirty (30) days written notice of termination. IN WITNESS WHEREOF,this agreement has been executed by the duly authorized officers of the respective parties. Approved as to Form: COUNTY OF WARREN bate By L�_ 3, A Warren ounty Attorney KEVIN B. GERAGHT&RMAN Board of Supervisors Date: l f 2-4 /(6 Approved as to Form: TOWN • ' • B Y Town of Queensbury Attorney rF F. S ' OUGH, SUP RVISOR Date: g / 1 /i63 Y:12016 Docs\Board of Supervisors Agreements\IMA Queensbury w d\tmc\874-A-028 1/8/16 Page 6 of 6 STATE OF NEW YORK ) ) ss.: COUNTY OF WARREN ) On the or day of : v tu'—b/ , in the year 2016,before me,the undersigned, a Notary Public in and for said state,personally appeared Kevin B. Geraghty, 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/they executed the same in his capacity,and that by his signature on the instrument,the individual, or person upon behalf of which the dividual acted, executed the instrument. A //717V-VIV NO ARY PUBLIC STATE OF NEW YORK ) DATUM MORGAN NOTARY LIC ss.: p� messes In Wren COUNTY OF WARREN ) Res.No.01M05011594 Commission SIId)q ::9, I ^ My Commission Exni - On the I day of , in the year 2016,before me,the undersigned, a Notary Public in and for said state,personally appeared JOHN F. STROUGH, 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 executed the same in his capacity, and that by his signature on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument. Victoria La Marque I Notary Public,State of New York 1 Warren en CourKy No.01 LA630164 OTAR PUBLIC Commission Expires April 21, OP ID:PI3t 'i`...�°� CERTIFICATE OF LIABILITY INSURANCE I DATE 06/30DIYYYY) 06/30/15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 518-587-1342 CNAMNEACT Marshall&Sterling Upstate 518-587-1348 PHONE I FAx 125 High Rock Suite 206 E-MAIL No.Exer. 12,No): k A S g EM Saratoga Springs,NY 12866 PRODUCE: CUSTOMER ID e:QUEEN-A INSURER(S)AFFORDING COVERAGE NAIC# INSURED Town of Queensbury INSURER A:Trident Insurance Services LLC Barbara Tierney INSURER B 742 Bay Road INSURER C: Queensbury, NY 12804 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL SCR ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE ,NSR NND POLICY NUMBER (MMIDD/YYYYL(MMIDD/YYYYL LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,001 A X COMMERCIAL GENERAL LIABILITY X PE4624684-04 07/01/15 07/01/16 PREMIS ru(Ea occurrence)PREMISES(Ea ocuarerKe) S 100,001 ICLAIMS-MADE © OCCUR MED EXP(Any one person) $ 5,001 PERSONAL&ADV INJURY $ 1,000,001 GENERAL AGGREGATE $ 3•,000,00( GEM_AGGREGATE UMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 3,000,00( —1 POLICY I I Tel: n Loc Emp Ben. $ Includec AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO BA4624684 07/01/15 07/01/16 (Ea accident) $ 1,000,00( ALL OWNED AUTOS BODILY INJURY(Per person) $ BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) S NON-OWNED AUTOS $ $ X UMBRELLA!JAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LWB CLAIMS-MADE AGGREGATE $ A X UMB4624684 07/01/15 07/01/16 _ DEDUCTIBLE $ X RETENTION $ $ WORKERS COMPENSATION I ORY LIIMITTS I I ER AND EMPLOYERS'UABIL.ITY ANYPROPRIETORIPARTNER/EXECUTIVE Y(] NIA EL EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? I I - (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ If es,describe under - DESCRIPTION OF OPERATIONS below EL DISEASE-POCYLM $ - DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule.If more space Is required) • Certificate holder is provided status as an additional insured on a primary, non-contributory basis when required by a written contract or agreement. CERTIFICATE HOLDER CANCELLATION WARREN9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Warren County ACCORDANCE WITH THE POLICY PROVISIONS. c/o Warreen County - Attorney's Office AUTHORIZED REPRESENTATIVE 1340 State Route 9 7,1uv�w�>� `1, " '�A (Lake George,NY 12845 ©1988-2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD in garb l l.retifisors. RESOLUTION No. 35 OF 2016 Resolution introduced by Supervisors Conover,Seeber,Sokol,Simpson,Merlino,Dickinson, Girard,Frasier, Beaty,McDevitt and Braymer ALLOCATING FUNDING EARMARKED FOR COMBATING AQUATIC INVASIVE SPECIES IN PUBLICLY ACCESSIBLE WATER BODIES IN WARREN COUNTY OTHER THAN LAKE GEORGE AND AUTHORIZING INTERMUNICIPAL AGREEMENTS FOR THE YEAR 2016 WHEREAS,the Warren County Budget allocated One Hundred Fifty Thousand Dollars($150,000) of earmarked funding to be disbursed to lakes within Warren County other than Lake George for the purpose of combating aquatic invasive species in 2016, now, therefore, be it RESOLVED,that the Warren County Board of Supervisors allocate funding to each ofthe following Towns to combat aquatic invasive species in publicly accessible water bodies within the respective Towns for 2016, in the amounts specified below, and paid from Budget Code A.1010.470 Legislative Board, Contract: Town of Chester- $41,666.67 Town of Lake Luzerne- $41,666.67 Town of Horicon- $41,666.67, and Town of Queensbury- $25,000 for Glen Lake, and be it further RESOLVED,that the Chairman of the Board of Supervisors is authorized to enter into agreements with each of the foregoing Towns in a form approved by the County Attorney. \tmc\ R035-16