Loading...
4.3 4.3 AGREEMENTS\NYS DOT Shared Services Renewal-8/21/17 RESOLUTION AUTHORIZING RENEWAL OF SHARED SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION RESOLUTION NO. ,2017 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, the Town of Queensbury previously entered into a Shared Services Agreement with the New York State Department of Transportation (DOT), providing for an effective mechanism that allows DOT or the Town to provide assistance in the absence of a Governor's Emergency Declaration for services or materials valued at less than $10,000, and WHEREAS, the Town Board wishes to authorize the renewal of such Agreement substantially in the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the renewal of the Shared Services Agreement with the New York State Department of Transportation (DOT) substantially in the form presented at this meeting, for a four (4) year term, with the effective date of the Agreement commencing on the date that the NYS DOT Regional Director of Operations executes and dates the Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or the Town Highway Superintendent to execute such Shared Services Agreement Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 21St day of August, 2017 by the following vote: AYES NOES ABSENT: SHARED SERVICES AGREEMENT Between NYSDOT and 7Taaf/,t/ 6( 46-&,./feu2.y THIS AGREEMENT, dated gcf. ,2017, is between the People of the State of New York,hereinafter referred to as"State" or 'NYSDOT" and the fir t.-4t, Op- OdemY.flit,251 hereinafter referred to as "Municipality." Pursuant to Section 99-r of the General Municipal Law,the State and the Municipality wish to share services, exchange or lend materials or equipment which shall promote and assist the maintenance of State and Municipal roads and highways and provide a cost savings by maximizing the effective utilization of both parties'resources. Shared Services shall mean any service provided by one party(Provider)to another party(Recipient). The State and the Municipality agree to share services as follows: 1. Description and Cost of Services, Materials or Equipment to be shared: Provide details of the services, materials or equipment to be shared in the attached standard Schedule A. The total amount of the agreement shall not exceed ten thousand dollars ($10,000.00). If applicable, indicate that the return exchange will be determined at a later date. 2. The Provider's employees shall remain under full supervision and control of the Provider. The parties shall remain fully responsible for their own employees for all matters,including but not limited to, salary,insurance,benefits and Workers Compensation. 3. If the borrowed machinery or equipment is damaged or otherwise needs repair arising out of or in connection with the Recipient's use,the Recipient shall be responsible for such repairs. 4. The Municipality agrees to defend and indemnify the State for any and all claims arising out of the Municipality's acts or omissions under this Agreement. Subject to the availability of lawful appropriations and consistent with Section 8 of the State Court of Claims Act,the State shall hold the Municipality harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of their officers or employees when acting in the course and scope of their employment. 5. The erm f this Agreement shall be for two (2) O or four (4) 13 years from dig? to .The parties will endeavor to provide no less than thirty (30) days' notice of its intent to extend the Agreement. Either party may revoke this Agreement by providing sixty (60) days written notice of such revocation. Upon revocation, any outstanding obligations of the parties must be satisfied within thirty(30) days of the date of such revocation. NYSDOT—Region By: Date: By: Date: 8//6//7 Resident Engineer— County Q,,,,,,..Lel Highway Superintendant NYSDOT—Region By: Date: Regional Director of Operations Page 1 of 2 SCHEDULE A NYSDOT Description of services, materials, or equipment (Check All that apply) to be shared: Estimated Cost/Value of Service Equipment Materials(Check All that apply): Total NYSDOT Cost/Value: MUNICIPALITY Description of services, materials, or equipment(Check All that apply)to be shared: Estimated Cost/Value of Service Equipment Materials(Check All that apply): Total MUNICIPALITY Cost/Value: Short 7-12-16 Page 2 of 2